Town of Southeast, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southeast 2-14-1985 by L.L. No. 1-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Bills and posters — See Ch. 46.
Junkyards — See Ch. 87.
Littering — See Ch. 91.

§ 117-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
POINT OF ENTRY
That delivery site designated by the County of Putnam or the Town of Southeast for delivery of solid waste collected in the Town of Southeast.
SOLID WASTE
Residential, governmental, industrial and/or commercial refuse, but shall not include the following: human wastes; rendering wastes; commercially generated construction and/or demolition debris or wastes; residue from incinerators or other destructive systems for processing waste, other than now-existing individual building incinerators whose residue is presently collected as part of normal municipal collections; junked automobiles; or pathological, toxic, explosive or radioactive material or other hazardous wastes, which, according to existing or future federal, state or local laws, rules or regulations, require special handling in their collection and/or disposal.

§ 117-2 License required.

No person shall engage in or conduct the business of collecting solid waste within the Town of Southeast or transport the same through said Town until such person shall apply for and obtain a license to engage in said business as herein provided.

§ 117-3 Application; fee.

[Amended 6-16-1988 by L.L. No. 5-1988]
An application for such license shall be made in writing to the Town Clerk and upon a form prescribed by the Town Board, together with the sum as set forth from time to time by resolution of the Town Board, which shall constitute the application fee.

§ 117-4 Application information; amendments; issuance.

A. 
Such application shall contain the following information:
(1) 
A description of the vehicle or vehicles which shall be used to collect and transport solid waste, including vehicle identification numbers and license plate numbers.
(2) 
A description or map of collection routes within the Town of Southeast and the approximate number of customers or houses served on each route.
(3) 
A weekly collection schedule for each collection route within the Town of Southeast.
(4) 
A current rate schedule, if applicable.
(5) 
The name and location of a facility or facilities at which the applicant will dispose of all solid waste collected within the Town of Southeast.
B. 
An amended application shall be filed by the licensee within 30 days of any change, should any of the information provided in the current application be no longer correct.
C. 
No license shall be issued unless first approved in writing by the Town Board after it has been determined that such approval is in the public interest and in conformity with the rules and regulations promulgated by the said Board.

§ 117-5 Certificate of insurance.

A. 
Before the issuance of a permit by the Town Clerk, the applicant shall furnish a certificate of insurance showing that the application has, in full force and effect, comprehensive general liability insurance of $300,000, including products liability and completed operations insurance, and property damage of $50,000. Motor vehicle liability insurance shall be provided for $300,000, with $50,000 property insurance coverage.
B. 
In addition, the Town Clerk shall require a certificate of workers' compensation insurance.

§ 117-6 Disposal of waste.

A. 
All solid waste collected within the Town of Southeast shall be taken to and deposited at the point of entry, if any, designated by the County of Putnam or Town of Southeast for solid waste collected within the Town of Southeast. No solid waste collected outside of the Town of Southeast shall be taken to said point of entry.
B. 
If no point of entry has been designated by the County of Putnam or the Town of Southeast, the applicant shall dispose of solid waste collected in the Town of Southeast only at a facility approved for that purpose by the New York State Department of Environmental Conservation.

§ 117-7 Display of permit; fee.

[Amended 6-16-1988 by L.L. No. 5-1988]
For each application approved by the Town Board, the Town Clerk shall issue a permit, to be affixed to the windshield of each vehicle listed in the application, which shall not be removed during the year in which the license remains in force. There shall be a fee per vehicle as set forth from time to time by resolution of the Town Board.

§ 117-8 Expiration of license; renewal; fee.

[Amended 6-16-1988 by L.L. No. 5-1988]
A license issued under the provisions of this chapter shall expire at the end of the calendar year of the date of issue. Applications for renewal of such license may be filed with the Town Clerk within 30 days before the expiration of such license, together with the sum as set forth from time to time by resolution of the Town Board, which shall constitute the renewal fee therefor. There shall also be paid an additional sum as set forth from time to time by resolution of the Town Board for each vehicle.

§ 117-9 Maintenance of vehicles and equipment.

All vehicles or implements used in connection with the collection and transportation of solid waste shall be kept in an inoffensive and sanitary condition and, when not in use, shall be stored and kept so as not to create a nuisance.

§ 117-10 Compliance with other provisions.

All persons licensed to collect solid waste and to transport the same shall at all times comply with the requirements of all laws and of all rules and regulations of any state, county and Town department or bureau thereof having jurisdiction.

§ 117-11 Revocation of license.

Any license issued under this chapter may be revoked by the Town Board if it is found, after a public hearing, that the holder of such license has violated any provision of this chapter or that the required insurance is not in force or that the holder of such license has disposed of solid waste collected within the Town of Southeast other than at the point of entry designated by the County of Putnam, if a point of entry has been established, or at a disposal site not approved by the New York State Department of Environmental Conservation, or that the holder of such license has unlawfully disposed of solid waste collected outside of the Town at a facility open only for the disposal of such solid waste collected within the Town or county. Such hearing shall be held after a written notice of the same is given to the licensee at least five days before such hearing and directed to the last known address of said licensee.

§ 117-12 Penalties for offenses.

A. 
Any person violating the provisions of this chapter, notwithstanding the revocation provisions referred to in the preceding section, shall, upon conviction thereof, be liable to a fine or penalty not to exceed the sum of $250 for each offense, or to imprisonment for not more than 15 days, or to both such fine and imprisonment.
B. 
In addition to proceeding criminally against a violator of this chapter, a civil penalty of not less than $50 nor more than $250 may be recovered by the Town of Southeast in a civil action for each violation thereof.
C. 
Each day that a person, firm or corporation collects solid waste without the license provided for herein shall constitute a separate violation and shall subject the offender to a separate criminal and a separate civil action and penalty.
D. 
Each officer and director of a corporation which is engaged in the collection of solid waste within the Town shall be guilty of each violation of this chapter where the corporation which he or she represents is operating without compliance herewith.

§ 117-13 Applicability.

The provisions of this chapter shall not apply to one not regularly engaged in the business of the collection of household, industrial or commercial solid waste.

§ 117-14 Enforcement.

This chapter shall be enforced by the Southeast Code Enforcement Officer so designated by the Town Board or by the New York State Police or Putnam County Sheriff or any other duly designated law enforcement officer.