Town of North Hempstead, NY General Regulations

Editor's Note: The former definition of "authority" and "authority agreement," which immediately followed, were repealed 10-21-2021 by L.L. No. 20-2021.

§ 46-3 Adoption of rules and regulations.

The Town Clerk and the Commissioner shall adopt such rules and regulations as may be necessary to effectuate the purposes of this chapter, including such regulations as may provide for interim exemptions from certain provisions of this chapter to Persons applying for licenses hereunder.

§ 46-4 Licensing.

License required for the collection and/or disposal of Solid Waste.

The following Persons, excluding any Village as described in Subsection A(5) below, shall be required to obtain a license for the collection and/or disposal of Acceptable Waste and/or Recyclables pursuant to this section:

Persons in the business of collecting and/or disposing of Acceptable Waste and/or Recyclables or Persons acting pursuant to contracts with the Town for transportation of Acceptable Waste, Yard Waste and Recyclables from the North Hempstead Transfer Station to another disposal location.

[Amended 10-21-2021 by L.L. No. 20-2021]

Persons engaged in the collection and/or disposal of Acceptable Waste and/or Recyclables as an accessory to their business, which includes, but is not limited to, persons performing construction, demolition, improvement, renovation or repair projects on any property within the Town during which Acceptable Waste is generated; owners or tenants of commercial properties that themselves dispose of Commercial Waste generated at the commercial property; or persons engaged in any other commercial activity during which Acceptable Waste is generated as a result of the activity.

[Amended 10-21-2021 by L.L. No. 20-2021]

Commercial establishments that dispose of their own Acceptable Waste and/or Recyclables.

All Collectors must obtain a license under this section and maintain such license at all times the Collector is performing any of the actions described in Subsection A(1) above.

[Amended 10-21-2021 by L.L. No. 20-2021]

In addition to obtaining a license as herein provided, each licensed Person shall be required to obtain a permit for each vehicle, compactor, Dumpster Container or open box used by the licensed Person for the collection and/or disposal of Acceptable Waste and Recyclables in the Town and shall be required to display the permit on each vehicle, compactor, Dumpster Container or open box as required by the rules and regulations promulgated by the Commissioner.

Commercial property owners, as well as a tenant, managing agent or merchant making arrangements for the collection of Solid Waste from Commercial property, are responsible for ensuring that such waste is collected by a licensed carter. No Commercial property owner, tenant, managing agent or merchant shall contract for the collection of Acceptable Waste or Recyclables with any Person or entity unless such Person or entity has the license required by this chapter, nor shall any such owner, tenant, managing agent or merchant permit a Dumpster Container or other container used for the collection of Acceptable Waste or Recyclables to be present on its property unless such Dumpster Container or other container has displayed on an exterior side the name, phone number and Town of North Hempstead license number of the licensed carter with whom it has contracted for the collection of waste.

(5)

Villages which engage in the collection of Acceptable Waste and/or Recyclables utilizing Village-owned or -leased and -operated vehicles are not required to be licensed but shall provide any information reasonably required pursuant to any rules or regulations promulgated by the Commissioner for any such Village's use of the Town's Solid Waste Management Facilities.

[Amended 10-21-2021 by L.L. No. 20-2021]

Licenses shall be classified as Type I collection/disposal, Type IR collection/disposal, Type II collection/disposal, Type III collection/disposal, Type IV disposal licenses, and Type V collection/disposal license depending upon the status and/or type of business of the applicant. The Commissioner shall determine which type of license is applicable.

[Amended 3-19-2019 by L.L. No. 7-2019]

Type I collection/disposal license. Applicants who are in the business of collecting and/or disposing of Acceptable Waste and Recyclables generated by others are required to have a Type I collection/disposal license to engage in such collection or disposal within the Town. Such Persons include but are not limited to private carting companies and companies and businesses that provide dumpster services.

Type IR collection/disposal license.

Applicants who are engaged in the business of collecting only Source-Separated Recyclables pursuant to contracts with owners or tenants of property are required to obtain a Type IR collection/disposal license to engage in such collection or disposal within the Town.

The holder of a Type IR license may collect materials such as corrugated paper, high-grade paper and Construction and Demolition Debris which has been Source-Separated and placed into a separate container for collection and recycling or reuse and which will be recycled or reused. Each container used must be plainly marked as being for Recyclables only and may not be used for nonrecyclables. The holder of a Type IR license may not collect any container with nonrecyclables or mixed loads, even if the predominant material in such container is one or more Recyclables.

Type II collection/disposal license. Applicants who are engaged in the collection and/or disposal of Acceptable Waste and Recyclables only as an accessory to their business are required to obtain a Type II collection/disposal license to engage in such collection or disposal within the Town. Such Persons include but are not limited to landscaping businesses and home improvement companies.

Type III disposal license. Commercial establishments, other than those specifically excepted by the Commissioner, which dispose of their own Acceptable Waste and/or Recyclables are required to obtain a Type III disposal license.

(5)

Type IV disposal license. Charitable, fraternal and religious organizations which maintain established meeting places within the incorporated or unincorporated areas of the Town of North Hempstead shall also qualify for a Type IV license and not-for-profit property owners' associations operating principally within the Town of North Hempstead.

(6)

Type V collection/disposal license. Applicants who are engaged in accepting and processing yard waste (as the term is defined by § 70-231 of the Town Code) are required to obtain a Type V collection/disposal license. A Type V collection/disposal license is a prerequisite to obtaining a permit from the New York State Department of Environmental Conservation. Any applicant holding a Type V collection/disposal license shall comply with the following regulations:

No Yard Waste Acceptance and Processing Facility shall be operated unless it has obtained a permit pursuant to § 46-4C of this chapter and is in compliance with the terms thereof, this section, and any other applicable law, rule, or regulation.

A Yard Waste Acceptance and Processing Facility shall be operated and maintained in a safe and sanitary manner so as to avoid any nuisance or hazard to public health or safety, and in a manner consistent with the approved site and operating plan.

The Yard Waste Acceptance and Processing Facility shall be operated and maintained in a manner consistent with the site plan submitted to the Department.

[Amended 10-21-2021 by L.L. No. 20-2021]

The Yard Waste Acceptance and Processing Facility shall be operated and maintained in a manner consistent with the engineer's report submitted to and approved by the Department.

[Amended 10-21-2021 by L.L. No. 20-2021]

Rules and operations of a Yard Waste Acceptance and Processing Facility license.

The Licensee shall comply with the provisions of § 70-188 of the Town Code when operating a Yard Waste Acceptance and Processing Facility.

[2]

The Licensee shall prohibit any yard waste transport vehicle required to be licensed or permitted pursuant to § 46-4 of this chapter from depositing yard waste or removing yard waste from the Yard Waste Acceptance and Processing Facility, unless the yard waste transport vehicle is appropriately licensed or permitted.

[3]

Entrance into or exit from the Yard Waste Acceptance and Processing Facility by a yard waste transport vehicle shall be permitted only when an attendant or vehicle guide person is on duty. The loading or unloading of any yard waste transport vehicle shall be continuously supervised by an attendant or vehicle guide person to avoid unauthorized deposit or removal of yard waste and injury to persons in or around such station.

[4]

The Licensee shall regularly schedule and provide equipment maintenance.

[5]

The Licensee shall maintain operational records, including, but not limited to, the documentation of all incoming and outgoing yard waste materials accepted at the Yard Waste Acceptance and Processing Facility, contaminants removed and the final destination and disposition of all outgoing yard waste and contaminants.

[6]

Within three hours of when operations at the facility have terminated, the tipping area of all Yard Waste Acceptance and Processing Facilities shall be free of yard waste and any contaminants and the tipping floor shall have been thoroughly cleaned, swept, washed and deodorized.

[7]

Waste shall be received, processed, compacted and stored only in areas specifically designated.

[8]

Storage of any and all equipment used in the operation of the yard waste recycling facility shall be in accordance with § 70-212 of the Code.

[9]

Noise levels generated by the operation of the Yard Waste Acceptance and Processing Facilities must be controlled in accordance with § 38-3B(7)(a)[1].

[10]

Mufflers are required on all internal-combustion-powered equipment used at the Yard Waste Acceptance and Processing Facility and Tier 4 compliant emission controls.

[11]

A sign showing hours of operation, indicating hazardous waste, industrial waste, medical waste, liquid waste, and asbestos waste are prohibited from being accepted at the facility, the type of permits held by the facility, the expiration date of its permits to operate and the Department's complaint telephone number. The signs shall be located so that they are visible to any vehicles and/or person approaching the facility.

[Amended 10-21-2021 by L.L. No. 20-2021]

[12]

The Licensee shall prevent litter or waste from accumulating on the streets or other areas abutting the Yard Waste Acceptance and Processing Facility.

[13]

The allowable volume at any Yard Waste Acceptance and Processing Facility shall be calculated by the Department and shall be based on the storage capacity (estimated in total cubic yardage) of the yard waste acceptance and processing facilities. In no event shall such allowable volume exceed that granted by the New York State Department of Environmental Conservation.

[Amended 10-21-2021 by L.L. No. 20-2021]

[14]

Effective January 1, 2020, The Yard Waste Acceptance and Processing Facility may only accept yard waste from landscapers licensed by the Town of North Hempstead pursuant to Chapter 38A of the Town Code, unless the yard waste is being delivered by a municipal agency using its own forces.

License procedure. Every applicant shall file a written verified application with the Town Clerk in such form and containing such information as the Town Clerk shall prescribe. Such information may include a list of the customers of the applicant, a list and map of the routes of the applicant, the volume of waste collected by it, the identity and relevant information as to the officers, partners and shareholders of an applicant, and the name of any affiliated or related companies engaged or formerly engaged in waste collection.

Insurance and deposit. Before a license or permit may be issued by the Town Clerk, each applicant other than a municipality applying for a collection/disposal or disposal license shall file with the Town Clerk the following:

Proof of the following insurance coverage consisting of a certificate of the insurance carrier:

Workers' compensation insurance.

Disability benefits insurance.

Comprehensive general liability/property damage in the combined single limit of, for Type I Licensees, $5,000,000, or for other licensees, $1,000,000, naming the Town as additional insured.

[Amended 10-21-2021 by L.L. No. 20-2021]

Automobile bodily injury liability of, for Type I Licensees, $1,000,000 (per person)/$1,000,000 (per accident), or for other licensees, $1,000,000 (per Person)/$1,000,000 (per accident), and $1,000,000 property damage.

Certificate cancellation requiring 30 days' written notice to the Town Clerk.

Cash deposit or bond.

A cash deposit or a bond from a surety company that meets the following two criteria:

The company must be an admitted carrier in the State of New York.

[2]

The company must have a New York State admitted carrier holding of an "A" rating from AM Best Company or equivalent.

The cash deposit or bond must be in an amount equal to 250% of the average monthly charges for use of a Solid Waste Management Facility by the applicant during the previous year; or if the applicant has not used a Solid Waste Management Facility, the cash deposit or bond shall be in the amount of 250% of the estimated monthly charges to be incurred by the applicant during the current year. The Commissioner or Town Clerk may reduce the amount of the cash deposit or bond required if an applicant demonstrates that it will not have, during the licensing year, contracts for the collection of waste which it held during the prior year and has not obtained other contracts to substantially replace the lost waste. The Commissioner or the Town Clerk may eliminate the amount of the cash deposit or bond required, in the form of a bond waiver, if an applicant demonstrates that its corporation, limited-liability company, partnership and/or sole proprietorship is not in the collection of any Acceptable Waste currently mandated pursuant to this article, to be delivered and disposed of at a publicly owned Solid Waste Management Facility designated by the Commissioner. The Commissioner and Town Clerk reserve the right to suspend or revoke this bond waiver in the event that the previously exempted Acceptable Waste is subsequently required to be delivered and disposed of at a publicly owned Solid Waste Management Facility designated by the Commissioner pursuant to this article. A bond waiver in a format acceptable to the Town must be completed by the applicant and approved by either the Commissioner or the Town Clerk. The Commissioner or Town Clerk may require a Licensee to increase its cash deposit or bond during a year to 250% of a monthly charge if it incurs charges in any single month in excess of 40% of the amount of its cash deposit or bond. Notwithstanding the foregoing, the minimum cash deposit or bond shall be in the amount of $20,000 for a Type I collection/disposal license, $5,000 for a Type IR collection/disposal license and $3,000 for Type II and Type III collection/disposal licenses. No deposit will be required from applicants for Type IV disposal licenses.

[Amended 4-6-2010 by L.L. No. 2-2010; 10-21-2021 by L.L. No. 20-2021]

In the event that a penalty is assessed pursuant to the provisions of this chapter, the Commissioner or Town Clerk may deduct the amount of such penalty from the cash deposit.

[2]

The Licensee must maintain the required cash deposit or bond at all times, and failure to maintain said cash deposit or bond after three days' notice and demand will allow the Town Clerk to suspend such Person's license. The Town Clerk shall also be entitled to suspend the license of any Licensee which is more than 30 days late on payment of any bill for disposal from the Department.

Every Licensee shall keep such records and accounts as the Commissioner shall require and shall provide the Commissioner with such reports upon a form supplied by the Commissioner.

The Commissioner or Town Clerk shall have the right to inspect books of account and records maintained by the Licensee.

Issuance of licenses and permits.

Licenses and permits required by this chapter shall be issued by the Town Clerk following a review and approval of an application and upon payment by the applicant of a fee in accordance with the fee schedule set forth below:

[Amended 3-19-2019 by L.L. No. 7-2019]

Fee for Type I collection/disposal license. The fee for a Type I collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle. For each additional vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste, the permit fee shall be shown in the Town of North Hempstead Fee Schedule. The permit fee for each compactor or open box shall be shown in the Town of North Hempstead Fee Schedule.

Fee for Type II collection/disposal license. The fee for a Type II collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste. For each additional vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste, the fee shall be shown in the Town of North Hempstead Fee Schedule.

Fee for Type III disposal license. The fee for a Type III disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste. For each additional vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste, the fee shall be shown in the Town of North Hempstead Fee Schedule.

Fee for Type IV disposal license. The fee for a Type IV disposal license shall be shown in the Town of North Hempstead Fee Schedule.

Fee for Type IR collection/disposal license. The fee for a Type IR collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle. For each additional vehicle used by the applicant in the collection, transportation or disposal of Recyclables, the permit fee shall be shown in the Town of North Hempstead Fee Schedule. The permit fee for each compactor or open box shall be shown in the Town of North Hempstead Fee Schedule.

(f)

Fee for Type V collection/disposal license. The fee for a Type V collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which shall include a license for one Yard Waste Acceptance and Processing Facility.

Upon filing of an affidavit and such other proof as may be required by the Commissioner, a substitute permit or replacement of a lost permit may be issued upon the payment of the fee shown in the Town of North Hempstead Fee Schedule.

[Amended 10-21-2021 by L.L. No. 20-2021]

Each vehicle license issued pursuant to this chapter shall be issued as of the date of the granting thereof and shall expire on the 31st day of December next succeeding such date, unless sooner suspended or revoked; provided, however, that a Type V collection/disposal licenses shall be issued as of the date of the granting thereof and shall expire on the third succeeding 31st day of December, unless sooner suspended or revoked. Each license/permit for a Container or open box issued pursuant to this chapter shall expire two years from the 31st day of December in the year in which such license/permit was issued, unless sooner suspended or revoked.

[Amended 4-6-2010 by L.L. No. 2-2010; 3-19-2019 by L.L. No. 7-2019]

No license shall be issued to any applicant if either its Solid Waste license has been revoked or is under a suspension, or if the applicant is affiliated with or under common ownership or control with a company whose Solid Waste license has been revoked or is under a suspension. The Town Clerk shall be entitled to all relevant information, including sworn statements, to ascertain whether an applicant is affiliated with or under common ownership or control with another company. "Control" shall mean either legal or de facto control. Where more than four years have elapsed from the date of a revocation of a license, the Town Board may by resolution waive the prohibition in this Subsection G(4) if it determines that issuance of a license will be in the public interest.

Acceptance of license. Acceptance of a license issued under this chapter shall be deemed a contract by the holder thereof to abide by the provisions of this chapter. In the event that the holder shall be in breach of such undertaking, the Town, in addition to all other remedies herein, shall be entitled to such liquidated damages as may be provided for in such license.

§ 46-5 Suspension and revocation of license.

Town Board's authority to revoke or suspend. Any license or permit issued hereunder may be suspended or revoked by the Town Board after a hearing upon notice, as set forth below, which establishes the requisite grounds in the discretion of the Town Board. No permit shall be suspended, except as provided in § 46-5D hereof, or revoked hereunder without a hearing thereon upon written notice to the permittee.

Grounds for suspension only. The Town Board shall be empowered to suspend a license or permit if the Licensee is indicted or charged, upon an information duly filed with public authorities, for or with the commission of any crime or offense until the Licensee is either convicted or acquitted.

Grounds for suspension or revocation. The Town Board, in its discretion, is empowered to either suspend or revoke a license or permit if the Licensee is:

Convicted of any crime.

Convicted of any violation of any:

Provision of this chapter;

Rule or regulation adopted under this chapter or Article XX of Chapter 23 of the Town Code;

[Amended 10-21-2021 by L.L. No. 20-2021[1]]

Editor's Note: This local law also repealed former Subsection C(2)(c), Authority bylaw, which immediately followed, and redesignated former Subsection C(2)(d) through (f) as Subsection C(2)(c) through (e), respectively.

Town ordinance;

Ordinance or regulation of the state; or

Ordinance or regulation of any municipality within the state.

Guilty of making a false statement or misrepresentation in his application for any permit issued pursuant to this chapter.

Temporary suspension of license or permit pending a hearing. The Town Clerk, upon receiving information giving him reasonable cause to believe that any Licensee hereunder violated any provision of this chapter, has been convicted of any violation listed in § 46-5B or C, has been either indicted for or charged with any crime or offense or is guilty of having made a false statement or misrepresentation in his application for any license or permit issued hereunder, may forthwith temporarily suspend such license or permit until the Town Board is able to conduct a hearing.

Procedure for hearings.

Timing. Whenever the Town Board holds a hearing to revoke or suspend a permit issued pursuant to this chapter, such hearing shall be held on a date and at a place and hour designated by the Town Board. Such designation must conform to the time limits established hereunder.

Notice. A written notice of any hearing to be held by the Town Board for the revocation or suspension of any permit issued pursuant to this chapter shall be given to the permittee either in Person or by registered or certified mail. Any mailing shall be forwarded to the permittee's last known address and shall be postmarked not less than 10 nor more than 30 days prior to the hearing date. The notice shall advise the permittee of the date, place and time designated for the hearing and shall set forth specifically the grounds for complaint.

Rights of the permittee. The permittee involved shall be entitled to:

Be represented by legal counsel.

Present competent and material testimony.

Present any other competent and material evidence in his own behalf as may be relevant to the subject matter of the hearing.

Speak on his own behalf.

Unsworn testimony. There shall be no requirement of sworn testimony by any of the witnesses or the permittee.

Finality of Board determination. The findings of the Town Board at the hearing shall determine whether there are sufficient grounds for suspending a permit, pursuant to § 46-5B or C or for revoking a permit pursuant to § 46-5C. Where the findings establish sufficient grounds for suspension, the Town Board may suspend the permit. Where the findings establish sufficient grounds for either revocation or suspension, the Town Board, in its discretion, may suspend or revoke the permit. The Town Board, after such hearing, shall make such decision or determination as, in its opinion, ought to be made.

§ 46-6 Unlawful activities; enforcement.

It shall be unlawful for:

Any Person, other than a Licensee or a Village not required to be licensed under § 46-4A(5), to collect Acceptable Waste that has been placed at the Curbside for collection pursuant to this chapter.

Any Person, other than a Licensee or a Village not required to be licensed under § 46-4A(5), to collect any Recyclable that has been placed at the Curbside for collection or within a recycling collection area pursuant to this chapter.

Any Person to violate or to cause or to assist in the violation of any provision of this chapter or any implementing rule or regulation promulgated by the Commissioner.

Any Person to hinder, obstruct, prevent or interfere with Town employees or any other authorized Persons in the performance of any duty under this chapter or in the enforcement of this chapter.

[Amended 10-21-2021 by L.L. No. 20-2021]

All unlawful conduct set forth in this section shall constitute a violation. Each day or a part of a day on which violation(s) or failure continues shall constitute a separate violation(s). Each violation of this chapter shall constitute a separate offense.

It shall be the responsibility of the Commissioner and the Town Clerk, in consultation with the Town Attorney, to enforce the provisions of this chapter and all rules and regulations promulgated hereunder, including regulations of the Commissioner. Such enforcement shall be by such legal or equitable proceedings, including, without limitation, damages, or for injunction to restrain a violation of this chapter or specific performance brought in the name of the Town of North Hempstead, as may be provided or authorized by law.

[Amended 10-21-2021 by L.L. No. 20-2021]

§ 46-6.1 Penalties for offenses.

Any Person, other than a Village that is located, in whole or part, within the Town, its officers and employees, acting within their municipal duties, who violates any of the provisions of this chapter, other than § 46-14 of this chapter, or who fails to perform any duty imposed by this chapter or any rules or regulations promulgated pursuant to it or any final determination or order of the Commissioner or Town Board made pursuant to this chapter, shall be guilty of a violation and, upon conviction thereof in a court of competent jurisdiction, shall be punished by the following fines:

For conviction of a first offense, by a fine of not less than $1,000 and not more than $5,000.

For conviction of the second of two offenses, both of which were committed within a period of two years, by a fine of not less than $2,500 and not more than $10,000.

For conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of five years, by a fine of not less than $5,000 and not more than $25,000.

Any Person, other than a Village that is located, in whole or part, within the Town, its officers and employees, acting within their municipal duties, who violates § 46-14 of this chapter shall be guilty of a violation and, upon conviction thereof in a court of competent jurisdiction, shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days or by a term of community service related to the purpose of this chapter, or any combination of the above penalties. For a conviction of a second offense, both of which were committed within a period of three years, punishment shall be by a fine of not less than $2,500 nor more than $10,000 or imprisonment for a period not to exceed 15 days or by a term of community service related to the purpose of the chapter, or any combination of the above penalties. Upon conviction for a third or subsequent offense, all of which were committed within a period of three years, punishment shall be by a fine of not less than $5,000 nor more than $25,000 or imprisonment for a period not to exceed 15 days or by a term of community service related to the purposes of the chapter, or any combination of the above penalties.

Violations by any Person, other than a Village that is located, in whole or part, within the Town, its officers and employees, acting within their municipal duties, shall be recorded by designated enforcement staff and issued through formal notices of violations and/or uniform appearance tickets. Uniform appearance tickets shall be answerable in District Court.

In addition to the penalties provided in this section, licenses or permits shall be subject to suspension or revocation for any of the reasons set forth in § 46-5.

In lieu of enforcement of this chapter by way of prosecution, revocation of permits or other means, the Commissioner, or his duly authorized representative, may seek to obtain the voluntary compliance with this chapter by way of notice, warning or educational means, as deemed appropriate in the discretion of the Commissioner, taking into consideration all of the circumstances surrounding such violation. This section shall not be construed to require that such noncompulsory methods must be employed or attempted before proceeding by way of compulsory or other legally prescribed procedures.

In the case of violations alleged to have been committed by a Village, its officers, employees or agents, the Town or Commissioner, or duly authorized representative, shall first send a notice of violation to the Village Mayor and Board of Trustees, or other governing body, for consideration of corrective action, prosecution or enforcement. Upon the expiration of 30 days from the giving of such notice and the failure to cure said violation, the Town may enforce this chapter by pursuing remedies and penalties provided for in this section.

[Amended 10-21-2021 by L.L. No. 20-2021]

§ 46-6.2 Rebuttable presumptions.

[Added 4-6-2010 by L.L. No. 2-2010]

The following shall be rebuttable presumptions in the enforcement and prosecution of the provisions of this chapter:

The placement or presence of any Dumpster Container, open box or other container which is marked or identified with the name, symbol or other indicia of any person or entity, at any location within the Town, shall be presumptive evidence that said person or entity is providing Solid Waste collection services at said location within the Town as of the date of said placement or presence.

[Amended 10-21-2021 by L.L. No. 20-2021]

Evidence of Solid Waste in a Dumpster Container, open box or other container located as described in § 46-6.2A above, and subsequent observation of the same Dumpster Container, open box or other container empty, shall be presumptive evidence that Solid Waste was collected from such Dumpster Container, open box or other container by the person or entity whose name, symbol or other indicia is marked or identifiable on such Dumpster Container, open box or other container.

[Amended 10-21-2021 by L.L. No. 20-2021]

The failure to deliver any Solid Waste to a publicly owned Solid Waste Management Facility designated by the Commissioner within 18 hours of the collection of Solid Waste from any location within the Town shall be presumptive evidence that the Solid Waste was disposed of at a location other than a publicly owned Solid Waste Management Facility designated by the Commissioner; provided, however., that the foregoing presumption shall not apply to the collection of construction and demolition debris in dumpster containers placed at commercial and residential properties that are undergoing work subject to a permit issued by the Department of Building Safety, Inspection and Enforcement.

[Amended 10-21-2021 by L.L. No. 20-2021]

Service upon any Person in a manner consistent with the requirements of § 46-5E(2) of this chapter shall be presumptive evidence that such notice was received by that Person.

The failure of any Person charged under this chapter to rebut the presumption shall not mean that the trier of fact must find the person guilty or that the burden of proof relative to the underlying charge(s) has been shifted upon the accused.

§ 46-7 Fees for acceptance of Solid Waste.

[Amended 10-21-2021 by L.L. No. 20-2021]

Charges for the acceptance of Solid Waste shall be at such a rate as the Town Board, by resolution, shall determine. Any change of a rate shall be effective as applicable to Licensees 30 days after notice thereof is mailed to such Licensees. As to all other users of the facilities, a change of rate shall be effective upon the action of the Board. Notwithstanding the above, the rate charged to Villages shall only be modified annually as set forth in § 46-21.

§ 46-8 Collection vehicles; operations.

Collection vehicles. Every collection vehicle shall be maintained, operated and used at all times only in full compliance with all applicable provisions of law, federal, state and local, and of this Sanitation Code and all applicable rules and regulations adopted thereunder. Every collection vehicle shall be loaded at all times in such a manner and by such methods as to prevent the release or discharge of dust and so prevent the spillage of refuse upon the sidewalks or streets, and every operator of a vehicle shall remove immediately from sidewalks or streets all refuse which is spilled, littered or thrown thereon in loading operations or in the handling and return of receptacles or while traveling. Any and all drains on collection vehicles shall be closed at such times as such trucks are in operation.

[Amended 10-21-2021 by L.L. No. 20-2021]

Vehicle operations. The following specific regulations regarding collecting Acceptable Waste and the operation of collection vehicles shall be observed:

Solid Waste disposal. It shall be unlawful for any Person to leave, deposit or dump any Solid Waste anywhere in the Town except at any of the Town Solid Waste management facilities designated by the Commissioner. This shall not apply to any Village, and officers and employees thereof acting within their municipal duties, which engages in the collection of Acceptable Waste and/or Recyclables and utilizes Village-owned or -leased and -operated vehicles and which declared itself exempt under § 46-22 of this chapter and which has not applied for and been granted reinstatement under § 46-23 thereof.

Watertight containers or vehicles required. No Person shall remove any Solid Waste of any kind from the premises of any Person or cart or transport the same through or upon any street, avenue, parkway or highway within the Town except in trucks or wagons securely covered with tarpaulins and having watertight bodies and covered containers.

Careful operation. Operators of all types of collection vehicles shall exercise care at all times to prevent the making of unnecessary or avoidable noise in their operations. Each open-top box-type vehicle body shall be kept securely and fully covered, except when actually engaged in collection, so as to prohibit any refuse from being discharged while the vehicle is in transit.