[Adopted 1-24-1985 as L.L. No. 1-1985]
The purpose of this article is to regulate collectors
of solid waste within the Town of North Greenbush in order to promote
the orderly collection and disposal of such solid waste for the purpose
of securing the public health, safety, welfare, comfort and peace
of the Town of North Greenbush and its residents. The Town Board finds
that the costs involved in regulating collection and disposal of solid
waste will include, among other things, time spent by the Town Clerk
in accepting, reviewing, processing and acting on applications for
licenses for solid waste collection and on applications for transfers
of licenses; time spent by the Police Department in enforcement of
the law; the cost of advertising for and holding public hearings on
adoption of this article; and the costs involved in the preparation
of and the printing of applications for licenses and license certificates.
It is the intent of the Town Board to establish in this article a
license fee for solid waste collection which is reasonably necessary
to cover the aforesaid costs of issuance, inspection and enforcement.
This article shall be known as the "Solid Waste
Collection Law of the Town of North Greenbush."
As used in this article, the following terms
shall have the meanings indicated:
Any material generated by residential or commercial citizens
of the Town of North Greenbush, to be disposed of by means of delivery
to a landfill or solid waste recovery system or project, including
but not limited to paper, glass, plastic, metal, wood, cloth, refuse
and food scraps or waste and any other material commonly referred
to as "trash."
An individual, partnership, joint venture, society, association,
club, corporation or unincorporated group or any members, officers,
directors, agents, employees or stockholders or any kind of personal
representative thereof, in any capacity, acting for himself or for
any other person, under either personal appointment or pursuant to
law.
The Town of North Greenbush.
It shall be unlawful for any person to collect
solid waste within the Town of North Greenbush or to permit anyone
under his management or control to collect such solid waste without
a license therefor first having been obtained.
A.
Any person desiring to collect solid waste or become
a solid waste collector within the Town of North Greenbush shall apply
to the Town Clerk of the Town for a license for the same.
B.
The application shall contain the following information:
(1)
The name and address of the applicant.
(2)
The business address of the applicant and telephone
number, if any.
(3)
If the applicant is not the owner of the business,
the name and address of the owner of the business.
(4)
The serial number or license plate number attached
to each solid waste collection vehicle or other identifying information
of each vehicle to be used within the Town of North Greenbush.
(5)
If the Town and the City of Troy have an agreement
in effect for solid waste disposal, a requirement that all solid waste
collected be disposed of by delivery to the City of Troy landfill
site or resource recovery facility designated by the City of Troy.
(6)
A requirement that the applicant pay directly to the
City of Troy any tipping fee charge by the City of Troy and abide
by any conditions imposed by the City of Troy.
C.
The application shall contain a certification under
oath made by the applicant or a principal officer thereof, if applicant
is other than a natural person, that the information contained in
the application is complete, accurate and truthful to the best of
his knowledge and belief.
A.
Upon proper application, together with submission
of the annual license fee, the Town Clerk shall issue a license.
B.
Licenses issued under the provisions of this article
shall expire on December 31 of each year and shall be renewed by the
Town Clerk upon receipt of a renewal application and the annual license
fee within 20 days after the expiration of the license.
C.
Licenses shall be transferable from one solid waste
collector to another, provided that an application for such transfer
is filed with and approved by the Town Clerk.
If it shall appear at any time that an application
is in any material respect false or misleading or that the licensee
or applicant, his agent, servant or employees are in violation of
any provisions of this article or any other local or state laws, rules,
regulations or ordinances that may apply, the Town Clerk may revoke
or deny an application or license after a hearing.
Any person committing an offense against any
provision of this article shall e guilty of a violation punishable
by a fine not to exceed $250 for each violation or by imprisonment
for a term not to exceed 15 days, or by both such fine and imprisonment.
The continuance of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
This article shall be enforced by the Town Police
Department.
The issuance of any license hereunder shall
in no manner be construed as an approval of, waiver of or compliance
with any requirements of any other municipality of the State of New
York regarding solid waste transportation and disposal.
This article shall not have application to the
collection of solid waste by the Town of North Greenbush or any of
its departments or agencies.
If any person shall be required to obtain a
license to collect solid waste as defined herein on the effective
date of this article, the person shall apply for a license for such
solid waste collection within 30 days after such effective date. The
collection of solid waste by such person shall be permissible without
a license pending a final determination by the Town Clerk on the application
in accordance with the procedures prescribed in this article.
