[HISTORY: Adopted by the Town Board of the Town of Lewisboro
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 150.
[Added 1-23-1990 by L.L. No. 1-1990]
This article shall be known and cited as the "Residential Refuse
Collection Law of the Town of Lewisboro."
A.
The purpose of this article is to maintain and promote the orderly
collection of refuse in the most efficient and economical manner within
the Town of Lewisboro. It is the policy of the Town of Lewisboro that
the accomplishment of the purpose may best be achieved by municipal
regulation of refuse collections with regard to financial responsibility,
collection routes and procedures and sensitivity to the interests
of the public.
B.
It is also the policy of the Town of Lewisboro that it shall participate
in the Six Northern Westchester Towns' Municipal Cooperation
Agreement (MCA). The Town of Lewisboro reserves unto itself the authority
to designate a disposal site or transfer station as needed.
C.
A further purpose of this article is to ensure that the costs of
refuse collection within the Town remain at reasonable levels. In
order to achieve that goal, the Town of Lewisboro may enter into a
contract or contracts for the collection of residential refuse.
A.
It shall be unlawful for any person, firm or corporation to collect
residential refuse and/or to collect any material for recycling within
the Town of Lewisboro, except from his own residence or business property,
without first obtaining a license from the Town.
B.
It shall be unlawful for the owner of any vehicle to permit such
vehicle to be used for the purpose of collection of residential refuse
and/or to collect any material for recycling within the Town of Lewisboro,
except from his own residence or business property, without first
obtaining a license from the Town for that vehicle.
C.
It shall be unlawful for any licensee hereunder to refuse service
during the license period to any resident of the Town of Lewisboro
requesting the same, provided that said licensee's service area
is not more than one mile from the requesting resident, said service
area to be described in the application as set forth below.
D.
It shall be unlawful for any licensed collector to deviate from any of the standards for compliance as set forth in § 134-6 below.
E.
No unauthorized person or entity as hereinafter defined shall deposit
refuse in a bulk refuse container within the Town of Lewisboro. No
person or entity shall deposit nonrecyclable refuse in a container
utilized for recycling purposes in any location within the Town of
Lewisboro except such recyclable refuse as intended for that container.
The finding of refuse in any such container which refuse in part contains
materials bearing the name or other identifying mark of a person or
entity as addressee shall create a presumption that the person or
entity to whom such material was found to be addressed deposited such
refuse without authorization and in violation of this article. "Unauthorized
person or entity," as used herein, shall mean a person or entity utilizing
a bulk refuse container owned, leased or contracted for by another
person or entity without the consent of such person or entity.
As used in this article, the following terms shall have the
meanings indicated:
All solid wastes, as defined under Article 27, Titles 3 and
7, of the New York State Environmental Conservation Law, as amended
from time to time, and implementing regulations of the New York State
Department of Environmental Conservation, including but not limited
to 6 NYCRR 360 and 364, as amended from time to time, except bulk
construction or demolition debris and prohibited wastes.
Waste in amounts exceeding 500 pounds in the aggregate resulting
from construction, remodeling, repair and demolition of structures,
road building and land clearing. Such wastes include but are not limited
to bricks, concrete and other masonry materials, soil, rock and lumber,
road spoils, paving material and tree stumps and brush.
The side or area wherein the public highway either paved
or unpaved abuts the property of the private property owner.
A designated area, either paved or unpaved, permitting ingress
and egress from lands of private owner onto the public highway.
Acceptable wastes originating within the boundaries of the
Town collected or caused to be collected by the Town or by a private
carter licensed as a residential collector by the Town of Lewisboro.
That designated location at the residence-end of the driveway
no more than 10 feet from the driveway.
Any of the following:
All materials defined as hazardous wastes pursuant to either
Subtitle C of the Federal Resource Conservation and Recovery Act of
1976, as amended from time to time, and implementing regulations issued
by the United States Environmental Protection Agency (USEPA), including
but not limited to 40 CFR 261, as amended from time to time, or Article
27, Title 9, of the New York State Environmental Conservation Law,
as amended from time to time, and implementing regulations issued
by the New York State Department of Environmental Conservation, including
but not limited to 6 NYCRR 370 through 373.3, as amended from time
to time.
All materials which are classified as a "hazardous substance"
as defined in Section 101(14) of the Federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended from
time to time, and implementing regulations issued by the USEPA, including
but not limited to 40 CFR 302.
All materials which are radioactive.
Sludge; septage; pathological, infectious or explosive wastes;
and liquid wastes.
Any other waste material which may not be lawfully transported
to, stored, managed or disposed of at the facilities contractor uses
pursuant to this article and to the Six Towns MCA.[1]
All solid wastes, including garbage, rubbish and ashes as
hereinafter defined:
GARBAGECommon household wastes resulting from the preparation, cooking or serving of foods, market wastes and wastes from handling, storage and sale of produce. Specifically excluded from this definition are all animal wastes, human or otherwise.
RUBBISHCombustibles, such as paper, cardboard cartons or boxes, wood or related products and excelsior and noncombustible metals, beverage or grocery cans, glass, dirt, crockery and minerals.
ASHESThe residue created from fires used for cooking, heating and on-site incineration.
RECYCLABLESTied newspaper; bundled mixed paper, magazines, etc.; bundled cardboard, commingled glass, plastic and metal; or glass, plastic or metal, source-separated.
A.
Application form.
(1)
Application for a license to regularly collect refuse within the
Town of Lewisboro shall be made at the office of the Town Clerk of
the Town of Lewisboro on forms provided by said office. The applicant
shall file with his application a certificate or affidavit of insurance
as hereinafter set forth, shall pay the required license fee and shall
fill out and answer all questions required to be answered by the application
form. Upon receipt of such application properly completed and executed,
the Town Clerk will investigate and refer the same to the Town Board,
which shall act thereon.
(2)
This section shall be applicable only if and when the Town designates
a specific disposal site or transfer station which requires the Town
to be the guarantor. The costs below payable to the Town of Lewisboro
are for the purpose of paying the tipping charges to the designated
transfer station and for the Town to be reimbursed by the licensed
carter who will collect these moneys directly from the customers.
(a)
The carter shall be required to pay to the Town of Lewisboro,
on the first business day of each week, a sum of money equal to that
carter's estimated tonnage for one week times the current total
tipping fee.
(b)
The estimated tonnage per week shall be calculated by dividing
each carter's annual guaranteed tonnage by 52 weeks.
(c)
The current tipping fee shall be that amount that the Town of
Lewisboro is required to pay for disposal of its residential refuse
to either the designated transfer station or landfill and any other
tipping costs calculated per ton of refuse.
(d)
At the end of each month, the carter shall be required to pay
in full for his actual tonnage dumped as verified by the weigh tickets.
(e)
In the event of an emergency, and the Town designates an alternate
disposal site, the Town will be responsible to reimburse the carter
for money deposited in advance, but only if the alternate site bills
the carter directly for the tipping fees.
(f)
Said moneys shall be deposited in an interest-bearing account
for the benefit of the respective licensed carters. An accounting
of these funds shall be made as of December 31 of each year, and excess
moneys will be returned to each licensed carter.
(3)
An escrow account will be established in an amount equal to one month's
tipping costs.
B.
Contents of application. The form of application shall be as determined
from time to time by the Town Board of the Town of Lewisboro and shall
include the following information:
(1)
A detailed description of the applicant's equipment, including
age, make and the mechanical condition of each vehicle used by the
applicant in the collection of refuse within the Town of Lewisboro.
(2)
A description of the applicant's work force.
(3)
The Town Board may require a balance sheet and financial statement.
(4)
Proposed rates for the collection of refuse for each type of service
available.
(5)
Owners, stockholders and related businesses. The names and addresses
of actual or beneficial owners and creditors of the business or, if
incorporated, the stockholders, directors, officers and creditors.
(6)
Detailed information relating to the applicant's insurance coverage as described in Subsection C.
(7)
The total number of residential customers served and a map of the
proposed service area, if not throughout the entire Town of Lewisboro.
(8)
Contingency plans for providing service in the event of equipment
failure, labor or other factors causing or threatening to cause an
interruption or diminution of service.
(9)
Method of billing.
(10)
A list of the names and addresses of a minimum of 50 residential
accounts in order to be eligible for initial licensing.
(11)
A signed contract or letter of agreement to receive refuse from
one or more certified and/or approved facilities for disposal.
C.
Insurance. A certificate of insurance to be filed with the application
shall be approved as to form and sufficiency by the Town Attorney
and shall be executed by authorized representatives of a duly qualified
insurance company licensed to do business in the State of New York,
evidencing that said insurance company has issued liability and property
damage insurance policies covering the following:
(1)
All operations of the applicant or any other person, firm or corporation
employed or engaged by him in the collection of refuse and bulk pickups
within the corporate limits of the Town of Lewisboro.
(2)
The disposal of such refuse and bulk pickups to and within the designated
and approved disposal area or transfer station.
(3)
Protecting the Town of Lewisboro by adding the Town of Lewisboro
as an additional named insured and protecting the public and any person
from injuries or damages sustained as a result of the negligence of
the licensee, its servants, agents, contractor and employees in carrying
out the activities permitted under the terms of this article.
(4)
The certificate of insurance shall specifically evidence the following
amounts of insurance coverage, which shall remain in full force and
effect for the term of the license and shall provide that written
notice, by certified mail, be given to the Town Clerk of the Town
of Lewisboro 30 days prior to any change in the conditions of the
certificate of insurance or any expiration or cancellation thereof.
D.
License fee.
(1)
The license fee shall be $35 per year per normal working truck with
a capacity of 10 cubic yards or greater. For trucks with a capacity
of less than 10 cubic yards, the license fee shall be $15.
(2)
Additional trucks may be licensed from time to time at the applicable
rate. Truck licenses may not be transferred to other or different
trucks owned by the licensee or otherwise. No refund will be granted
for a licensed truck which is not operated for the entire license
period.
E.
Action by the Town. Upon receipt of any application for a license
hereunder, the Town Clerk shall investigate or cause to be investigated
all statements set forth or included in the same and shall refer to
the Town Board, which shall, within 60 days after receipt of said
application, decide to grant or to deny the application upon the entire
record. Such decision shall be filed with the Town Clerk, who shall
issue, upon receipt of any approval of such application, a license
hereunder in conformity with and containing such terms and conditions
as the Town Board required in its decision.
F.
License period. All licenses issued pursuant to this article on or
after September 1, 1986, shall be valid and in effect for a period
of up to one year from the date of issuance of said license, subject
to the provisions of this article, or until the Town shall enter into
a contract for residential garbage collection, if earlier. In that
event, refunds shall be issued pro rata.
G.
Expiration and renewal of license. All licenses shall expire at the
end of the license period, unless sooner revoked or suspended by the
Town Board. Applications for renewal licenses shall be filed not less
than 60 days prior to the end of the license period and shall be treated
as new applications. If an application is filed by a previously unlicensed
collector for the current license period, it shall be filed not less
than 120 days prior to the date the applicant desires it to become
effective.
H.
Transfer of license. Any license granted hereunder shall not be assignable
or transferrable except upon the written consent and approval of the
Town Board. Any transfer of a majority of the equitable, legal or
beneficial interest in the ownership of a licensee shall automatically
terminate the validity of any license issued to such licensee. The
Town Clerk shall be notified by certified mail of any change in the
equitable, legal or beneficial ownership of the licensee within 10
days of such change, including a change by operation of law.
A.
Precollection practices.
(1)
All residents of the Town shall provide suitable containers for the
storage of garbage or refuse. Such containers shall be practical,
suitable and of sufficient strength for the purpose of holding and
storing refuse or other material intended for disposal. Such containers
shall not exceed a filled total weight of 60 pounds and all shall
be equipped with a suitable handle or handles and a tight-fitting
cover. All refuse containers shall be placed at a designated location
not earlier than 6:00 p.m. on the day before collection. Any refuse
which cannot be placed in the standard container as herein described
shall be securely bundled and tied and left at the designated collection
location. The weight of the bundled or packaged material shall not
exceed 60 pounds, and these materials should be packaged as follows:
(a)
Magazines and paper and/or clean newspapers tied in reasonable-size
bundles separated for recycling if and when required.
(b)
Crates, cardboard boxes and the like to be reduced in volume
and tied together.
(c)
Shrubs, trees, including Christmas trees, branches, wood or
similar debris, should not exceed three feet in length and should
be bundled.
(d)
Commingled recyclables, if and when required, in specified containers.
(e)
Source-separated recyclables in specified containers.
(2)
The collector shall pick up, at any one time for customers having once-per-week service, a maximum of three containers of refuse or items in Subsection A(1)(b) and (c) above. In addition, if and when required, carter shall pick up items in Subsection A(1)(a), (d) and (e) at curbside on designated days. If recycling is required, the carter shall have the right to refuse service to any customer not in compliance with recycling requirements.
B.
Availability of service. No licensed collector shall unreasonably
deny service of a type or within the area set forth in the application
to any resident requesting collection service. No licensed collector
shall unreasonably deny service to any resident within one mile of
the outer limits of his service area as defined in the application.
C.
Collection practices.
(1)
The collector shall offer the following collection services:
(2)
The standard collection shall be three containers and once per week
service; any regular variation shall be subject to negotiation between
the carter and the customer.
(3)
In addition, each licensed carter shall pick up newspapers for recycling.
This may be done concurrently with regular trash pickups or by a separate
pickup service. Newspapers must be picked up no less than twice per
month.
(4)
Newspapers must be bundled and tied.
(5)
Each carter will be required to submit a semiannual report of the
volume of recyclable materials collected and the disposition site.
(6)
The collectors shall provide a special rate for senior citizens qualified
for New York State property tax exemption, computed on a discount
of 10% reduction from the normal rates.
D.
Hours of operation. No collector shall commence work before 6:00
a.m. nor continue after 7:00 p.m., Monday through Saturday. This standard
may be waived by the Town Board in case of extraordinary circumstances
necessitating deviation from the normal hours and days.
E.
Transfers. Transfers of any and all material between trucks shall
only be done at locations requested in the application and approved
by the Town Board, and said locations shall be left free of any debris
dropped in the transfer process. Debris left at transfer sites must,
upon request of the Town Clerk, be removed within six hours by the
user of that site.
F.
Type and maintenance of vehicles. All vehicles used in the transportation
of refuse within the Town of Lewisboro shall be kept in a sanitary
condition and shall be so constructed as to prevent leakage in transit.
The body of the truck shall be wholly enclosed or shall at all times
be kept covered with an adequate cover or canvas cover provided with
eyelets and rope for tying down. Loading of vehicles shall be done
in such a manner as to prevent spilling or loss of contents. All persons
licensed hereunder shall use packer-type trucks. Small non-packer-type
auxiliary vehicles may be approved if so stated on the application
forms. Vehicles shall be maintained in such condition as to prevent
mechanical breakdown and disruption of garbage collection. The name
of the licensee shall be printed conspicuously on each vehicle.
G.
Complaints.
(1)
Each licensee shall remedy each resident complaint from an omitted
service within 24 hours of the time received. The licensee shall remedy
complaints from the Town Clerk concerning any material deposited improperly
within the limits of streets or highways during transit within six
hours.
(2)
The licensee hereunder shall keep available complaints received by
him. The record of each complaint shall include but not be limited
to the date and nature of the complaint, the name of the complainant
and the disposition thereof made by the licensee.
(3)
The licensee must maintain either an office or answering service
for receipt of said complaints during normal business hours.
H.
Reporting practices. The licensee shall report to the Town Clerk
the total number of residential customers serviced the previous month.
The carter shall also file copies of the weigh master tickets for
each month also on the last day of the month, on request.
I.
Collection fees.
(1)
The fee schedule to be charged by a licensee for each type of service
to be performed under such license shall be set forth in its application
for such license. The fee schedule filed with the Town for the license
period shall remain in effect for the license period, as defined herein,
unless any change therein is filed with the Town no less than 60 days
prior to date said revised fee schedule is to take effect. This requirement
may be waived by the Town Board in case of extreme hardship caused
by unforeseen increases in the carter's expenses. The burden
of proof of hardship is on the carter.
(2)
The billing of fees by the licensee shall conform to the method of
billing set forth in the licensee's application and shall be
consistent with the provisions of this article.
(3)
No customer shall be deemed to be in default, hereunder, regardless
of the billing method of the licensee, until such time as the services
required of the licensee shall have been fully performed.
A.
Responsibility of licensee. The licensee shall be directly responsible
to the residential customers it services and to the Town Board of
the Town of Lewisboro and shall collect and dispose of refuse in accordance
with such rules and regulations as to service herein stated and the
rate charge stated in the application or as shall be subsequently
filed with the Town Board.
B.
Administration.
(1)
The administration of this article shall be the duty of the Town
Clerk of the Town of Lewisboro and such other office, commissioner,
agency or official as the Town Board may designate. The office of
the Town Clerk is authorized to adopt such rules and regulations which
it may deem appropriate and necessary, subject to the approval of
the Town Board.
(2)
The Town Clerk, Code Enforcement Officer and police shall be authorized
to enforce, implement and carry out the provisions and purposes of
this article, provided that such rules and regulations are not inconsistent
with the provisions hereof.
C.
Arbitration of disputes. Any dispute or controversy arising from
any cessation or diminution of service or any other alleged failure
of a licensee's responsibility to the residents it services or
any other person or any alleged failure of the responsibility of a
resident or any other person to the licensee shall, on complaint of
either party to such dispute, be referred to the Town Board or its
designated agent for binding arbitration. Pending issuance of any
decision determining any dispute so referred, the licensee shall continue
to provide proper pickup service for the customer, provided that the
customer shall continue to pay for services rendered. This section
shall not be deemed to replace any other enforcement provision of
this article.
A.
Administrative sanctions.
(1)
Any person, firm, corporation or entity found violating any provision of this article, with the exception of § 134-3A or B, or conditions imposed by the Town Board upon an approved permit, shall be served with a written notice at the direction of the Town Board stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
(2)
Any person who violates, disobeys or disregards any provision of
this article shall be liable to the people of the Town of Lewisboro
for a civil penalty of not less than $25 nor in excess of $1,000 for
each such violation, to be assessed after a hearing or opportunity
to be heard upon due notice and with the rights to specifications
of the charges and representation by counsel at such hearing.
(3)
The Town Board shall have the power, following a hearing, to revoke
any license granted hereunder.
(4)
Any civil penalty or order issued by the Town shall be reviewable
in a court of competent jurisdiction.
B.
Criminal sanctions.
(2)
For a second and each subsequent offense, he shall be guilty of a
misdemeanor punishable by a fine of not less than $1,000 nor in excess
of $2,500 and/or a term of imprisonment of not more than 30 days.
(3)
The Town Attorney shall prosecute persons alleged to have violated
the provisions of this article and may seek equitable relief to restrain
any violation of its provisions.
Any action brought hereunder shall be commenced within three
months of the date of the alleged violation.
[Adopted 11-24-1992 by L.L. No. 9-1992]
This article shall be known and cited as the "Commercial Refuse
Collection Law of the Town of Lewisboro."
A.
The purpose of this article is to maintain and promote the orderly
collection of refuse and recyclables in the most efficient and economical
manner within the Town of Lewisboro. It is the policy of the Town
of Lewisboro that the accomplishment of the purpose may best be achieved
by municipal regulation of refuse and recyclable collections with
regard to financial responsibility, collection routes and procedures
and sensitivity to the interests of the public.
B.
It is also the policy of the Town of Lewisboro that it may participate
in the Northern Westchester Towns' Municipal Cooperation Agreement
(MCA) and may guarantee that all commercial refuse collected within
its borders be directed to a facility which has contracted with the
Town of Lewisboro or the MCA for disposal of commercial refuse. The
Town of Lewisboro reserves unto itself the authority to change the
designated disposal site or transfer station as needed.
C.
A further purpose of this article is to ensure that the costs of
refuse and recyclable collection within the Town remain at reasonable
levels.
A.
It shall be unlawful for any person, firm or corporation to collect
commercial refuse and/or to collect any material for recycling within
the Town of Lewisboro, except from his own business property, without
first obtaining a license from the Town.
B.
It shall be unlawful for the owner of any vehicle to permit such
vehicle to be used for the purpose of collection of commercial refuse
and/or to collect any material for recycling within the Town of Lewisboro,
except from his own business property, without first obtaining a license
from the Town for that vehicle.
C.
It shall be unlawful for any licensee hereunder to unreasonably refuse
service during the license period to any business in the Town of Lewisboro
requesting the same.
D.
It shall be unlawful for any licensed collector to deviate from any of the standards of compliance as set forth in § 134-16 below.
E.
No unauthorized person or entity as hereinafter defined shall deposit
refuse in a bulk refuse container within the Town of Lewisboro. No
person or entity shall deposit refuse in a container utilized for
recycling purposes in any location within the Town of Lewisboro. The
finding of refuse in any such container, which refuse in part contains
materials bearing the name or other identifying mark of a person or
entity as addressee, shall create a rebuttable presumption that the
person or entity to whom such material was found to be addressed deposited
such refuse without authorization and in violation of this article.
"Unauthorized person or entity," as used herein, shall mean a person
or entity utilizing a bulk refuse container owned, leased or contracted
for by another person or entity without the consent of such person
or entity.
F.
It shall be unlawful for any licensee hereunder to charge a customer
in excess of the established Town rate for commercial refuse and for
commercial recyclables. Each carter will present supporting documentation
each year prior to November first, and the Town Board will by resolution
establish Town rates for commercial refuse and commercial recyclables
for the next calendar year.
For the purpose of this article, the following words and terms
shall be deemed to have the meanings herein given to them:
All solid wastes as defined under Article 27, Titles 3 and
7, of the New York State Environmental Conservation Law, as amended
from time to time, and implementing regulations of the New York State
Department of Environmental Conservation, including but not limited
to 6 NYCRR 360 and 364, as amended from time to time, except bulk
construction or demolition debris and prohibited wastes.
Waste in amounts exceeding 500 pounds in the aggregate resulting
from construction, remodeling, repair and demolition of structures,
road building and land clearing. Such wastes include but are not limited
to bricks, concrete and other masonry materials, soil, rock and lumber,
road spoils, paving material and tree stumps and brush.
Large refuse containers which include those used by residences
as well as businesses for solid waste disposal.
Acceptable wastes originating within the boundaries of the
Town collected or caused to be collected by the Town or by a private
carter licensed as a commercial collector by the Town of Lewisboro.
Any of the following:
All materials defined as "hazardous wastes" pursuant to either
Subtitle C of the Federal Resource Conservation and Recovery Act of
1976, as amended from time to time, and implementing regulations issued
by the United States Environmental Protection Agency (USEPA), including
but not limited to 40 CFR 261, as amended from time to time, or Article
27, Title 9, of the New York State Environmental Conservation Law,
as amended from time to time, and implementing regulations issued
by the New York State Department of Environmental Conservation, including
but not limited to 6 NYCRR 370 through 373.3, as amended from time
to time.
All materials which are classified as a "hazardous substance"
as defined in Section 101(14) of the Federal Comprehensive Environmental
Response, Compensation and Liability Act of 1980, as amended from
time to time, and implementing regulations issued by the USEPA, including
but not limited to 40 CFR 302.
All materials which are radioactive.
Sludge; septage; pathological, infectious or explosive wastes;
and liquid wastes.
Any other waste material which may not be lawfully transported
to, stored, managed or disposed of at the facilities that the contractor
uses pursuant to this article and to the Six Towns MCA.
Bundled newspaper; bundled mixed paper, magazines, etc.;
bundled cardboard; commingled glass, plastic and metal; or glass,
plastic or metal source-separated; also, commercial recyclables.
All solid wastes, including garbage and ashes as hereinafter
defined:
GARBAGECommon household wastes resulting from the preparation, cooking or serving of goods, market wastes and wastes from handling, storage and sale of produce, including dirt and crockery. Specifically excluded from this definition are all animal wastes, human or otherwise.
ASHESThe residue created from fires used for cooking, heating and on-site incineration.
The maximum amount (inclusive of all fees and charges) that
a carter may charge a commercial customer for picking up and disposing
of commercial refuse and commercial recyclables. This rate will be
set by the Town Board by resolution each December for the next year.
It shall be stated in terms of maximum cost per yard per pickup for
various types of commercial service.
A.
Application form. The Town will ensure that confidential proprietary
documents as designated by the applicant submitted as part of the
license application are to be maintained under seal and free from
Freedom of Information disclosure.
(1)
Application for a license to regularly collect refuse within the
Town of Lewisboro shall be made at the office of the Town Clerk of
the Town of Lewisboro on forms provided by said office. The applicant
shall file with his application a certificate or affidavit of insurance
as hereinafter set forth, shall pay the required license fee and shall
fill out and answer all questions required to be answered by the application
form. Upon receipt of such application properly completed and executed,
the Town Clerk will investigate and refer the same to the Town Board,
which shall act thereon.
(2)
If and when the Town of Lewisboro determines that it shall direct
its licensed carters to a specific transfer station and if and when
the cost of tipping must be prepaid by the Town of Lewisboro, the
following methodology will be adhered to whether for refuse and/or
for recyclables:
(a)
The costs below payable to the Town of Lewisboro are for the
purpose of paying the tipping charges to the transfer station designated
either by the Six Towns MCA or by the Town to be reimbursed by the
licensed carter who will collect these moneys directly from the customers.
(b)
The carter shall be required to pay to the Town of Lewisboro,
on the first business day of each week, a sum of money equal to that
carter's estimated tonnage for a week times the current total
tipping fee.
(c)
The estimated tonnage per week shall be calculated by dividing
each carter's annual tonnage by 52 weeks.
(d)
The current tipping fee shall be that amount that the Town of
Lewisboro is required to pay for disposal of its commercial refuse
or recyclables to either the designated transfer station or landfill
and any other tipping costs calculated per ton.
(e)
At the end of each month, the carter shall be required to pay
in full for his actual tonnage dumped as verified by the weigh tickets.
(f)
In the event of an emergency, and the Town designates an alternate
disposal site, the Town will be responsible to reimburse the carter
for money deposited in advance, but only if the alternate site bills
the carter directly for the tipping fees. The Town will reimburse
the carter within 30 days after submission of a valid claim form.
(g)
Said moneys shall be deposited in an interest-bearing account
for the benefit of the respective licensed carters. An accounting
of these funds shall be made as of December 31 of each year, and excess
moneys will be returned to each licensed carter.
(h)
An escrow account will be established in an amount equal to
one month's tipping costs.
B.
Contents of application. The form of application shall be as determined
from time to time by the Town Board of the Town of Lewisboro and shall
include the following information:
(1)
A detailed description of the applicant's equipment, including
age, make and the mechanical condition of each vehicle used by the
applicant in the collection of refuse within the Town of Lewisboro.
(2)
A description of the applicant's work force.
(3)
A balance sheet and financial statement prepared and submitted by
a public accountant on behalf of the applicant, setting forth in detail
the applicant's financial operations for the year immediately
preceding the period for which the license is sought or the latest
available financial statement. The Town Board may require an audited
balance sheet and financial statement.
(4)
Suggested rates for establishment of a Town rate for commercial refuse
and recyclable collection for each type of service. Rate should be
rate per yard and per pickup and what size containers are available.
(5)
Owners, stockholders and related businesses. The names and addresses
of actual or beneficial owners and creditors of the business or, if
incorporated, the stockholders, directors, officers and creditors.
(6)
Detailed information relating to the applicant's insurance coverage as described in Subsection C.
(7)
The total number of commercial customers served.
(8)
Contingency plans for providing service in the event of equipment
failure, labor or other factors causing or threatening to cause an
interruption or diminution of service.
(9)
Method of billing.
(10)
A list of the names and addresses of a minimum of five commercial
accounts within the Town of Lewisboro, in order to be eligible for
initial licensing.
(11)
A signed contract with one or more certified and/or approved
facilities for disposal of refuse and recyclables.
C.
Insurance. The certificate of insurance to be filed with the application
shall be approved as to form and sufficiency by the Town Attorney
and shall be executed by authorized representatives of a duly qualified
insurance company licensed to do business in the State of New York,
evidencing that said insurance company has issued liability and property
damage insurance policies covering the following:
(1)
All operations of the applicant or any other person, firm or corporation
employed or engaged by him in the collection of refuse, recyclables
and bulk pickups within the corporate limits of the Town of Lewisboro.
(2)
The disposal of such refuse and bulk pickups to and within the designated
and approved disposal area or transfer station.
(3)
Protecting the Town of Lewisboro by adding the Town of Lewisboro
as an additional named insured and protecting the public and any person
from injuries or damages sustained as a result of the negligence of
the licensee, its servants, agents, contractor and employees in carrying
out the activities permitted under the terms of this article.
(4)
The certificate of insurance shall specifically evidence the following
amounts of insurance coverage, which shall remain in full force and
effect for the term of the license, and shall provide that written
notice by certified mail be given to the Town Clerk of the Town of
Lewisboro 30 days prior to any change in the conditions of the certificate
of insurance or any expiration or cancellation thereof.
(a)
Public liability insurance, combined single limit for bodily
injury and property damage: $1,000,000 per occurrence.
(b)
Motor vehicle bodily injury and property damage insurance, combined
single limit: $500,000 per occurrence.
(c)
Worker's compensation and disability benefits: as required
by law.
D.
License fee.
(1)
The license fee shall be $100 per year per normal working truck with
a capacity of 10 cubic yards or greater. For trucks with a capacity
of less than 10 cubic yards, the license fee shall be $50.
(2)
Additional trucks may be licensed from time to time at the applicable
rate. Truck licenses may not be transferred to other or different
trucks owned by the licensee or otherwise. No refund will be granted
for a licensed truck which is not operated for the entire license
period.
E.
Action by the Town. Upon receipt of a completed application for a
license hereunder, the Town Clerk shall investigate or cause to be
investigated all statements set forth or included in the same and
shall refer to the Town Board which shall, within 60 days after receipt
of said application, decide to grant or to deny the application upon
the entire record. Such decision shall be filed with the Town Clerk,
who shall issue, upon receipt of any approval of such application,
a license hereunder in conformity with and containing such terms and
conditions as the Town Board required in its decision. In the event
that the Town does not act within 60 days, the application will be
deemed automatically approved for a six-month period, after which
the Town may review the application again.
F.
License period. All licenses issued pursuant to this article on or
after January 1, 1993, shall be valid and in effect for a period of
one year from the date of issuance of said license, subject to the
provisions of this article.
G.
Expiration and renewal of license. All licenses shall expire at the
end of the license period, unless sooner revoked or suspended by the
Town Board. Applications for renewal licenses shall be filed not less
than 60 days prior to the end of the license period and shall be treated
as new applications.
H.
Transfer of license. Any license granted hereunder shall not be assignable
or transferable except upon the written consent and approval of the
Town Board. Any transfer of a majority of the equitable, legal or
beneficial interest in the ownership of a licensee shall automatically
terminate the validity of any license issued to such licensee. The
Town Clerk shall be notified by certified mail of any change in the
equitable, legal or beneficial ownership of the licensee within 10
days of such change, including a change by operation of law.
A.
Precollection practices. Licensed commercial carters shall provide
suitable containers or dumpsters for the storage of refuse. If a commercial
customer has a filed and approved site plan, location of containers
must be in accordance with the site plan. The licensed commercial
carter must also provide an identifiable container or dumpster for
recyclables as required by state law.
B.
Availability of service. No licensed collector shall unreasonably
deny service to any business requesting collection service.
C.
Collection practices. The collector shall list on the application
the sizes of dumpsters or containers available and the frequency of
service.
D.
Hours of operation. No collector shall commence work before 6:00
a.m. nor continue after 7:00 p.m., Monday through Saturday. This standard
may be waived by the Town Board in case of extraordinary circumstances
necessitating deviation from the normal hours and days.
E.
Transfers. Transfers of any and all material between trucks shall
only be done at locations requested in the application and approved
by the Town Board, and said locations shall be left free of any debris
dropped in the transfer process. Debris left at transfer sites must,
upon request of the Town Clerk, be removed within six hours by the
user of that site.
F.
Type and maintenance of vehicles. All vehicles used in the transportation
of refuse within the Town of Lewisboro shall be kept in a sanitary
condition and shall be so constructed as to prevent leakage in transit.
The body of the truck shall be wholly enclosed or shall at all times
be kept covered with an adequate cover or canvas cover provided with
eyelets and rope for tying down. Loading of vehicles shall be done
in such a manner as to prevent spilling or loss of contents. All persons
licensed hereunder shall use packer-type trucks. Small non-packer-type
auxiliary vehicles may be approved if so stated on the application
forms. Vehicles shall be maintained in such condition as to prevent
mechanical breakdown and disruption of garbage collection. The name
of the licensee shall be printed conspicuously on each vehicle.
G.
Complaints.
(1)
Each licensee shall remedy each complaint from an omitted service
to a customer in good standing within 24 hours of the time received.
The licensee shall remedy complaints from the Town Clerk concerning
any material deposited improperly within the limits of streets or
highways during transit within six hours.
(2)
The licensee hereunder shall keep available complaints received by
him. The record of each complaint shall include, but not be limited
to, the date and nature of the complaint, the name of the complainant
and the disposition thereof made by the licensee.
(3)
The licensee must maintain either an office or answering service
for receipt of said complaints during normal business hours.
H.
Reporting practices. The licensee shall report to the Town Clerk
the total number of commercial customers serviced the previous quarter.
If required, the carter shall also file copies of the weigh master
tickets for each month. The licensee shall also report, by category,
the total tonnage of refuse and recyclables collected the previous
quarter and the year to date. All reporting is due two weeks after
the end of the quarter or reporting period.
I.
Collection fees.
(1)
A suggested fee schedule by a licensee for each type of service to
be performed under such license shall be set forth in its application
for such license, understanding that the licensee may not charge in
excess of the established Town rate. The Town rate set by the Town
Board shall remain in effect for the license period, as defined herein,
unless any change is made by the Town Board.
(2)
The billing of fees by the licensee shall conform to the method of
billing set forth in the licensee's application and shall be
consistent with the provisions of this article.
(3)
No customer shall be deemed to be in default hereunder, regardless
of the billing method of the licensee, until such time as the services
required of the licensee shall have been fully performed.
A.
Responsibility of licensee. The licensee shall be directly responsible
to the commercial customers it services and to the Town Board of the
Town of Lewisboro and shall collect and dispose of refuse and recyclables
in accordance with such rules and regulations as to service herein
stated and the rate charge stated in the application or as shall be
subsequently filed with the Town Board.
B.
Administration.
(1)
The administration of this article shall be the duty of the Town
Clerk of the Town of Lewisboro and such other office, commission,
agency or official as the Town Board may designate. The office of
the Town Clerk is authorized to adopt such rules and regulations which
it may deem appropriate and necessary, subject to the approval of
the Town Board.
(2)
The Town Clerk, Code Enforcement Officer and all police agencies
shall be authorized to enforce, implement and carry out the provisions
and purposes of this article, provided that such rules and regulations
are not inconsistent with the provisions hereof.
C.
Arbitration of disputes. Any dispute or controversy arising from
any cessation or diminution of service or any other alleged failure
of a licensee's responsibility to the commercial customers it
services or any other person or any alleged failure of the responsibility
of a commercial customer or any other person to the licensee shall,
on complaint of either party to such dispute, be referred to the Town
Board or its designated agent for binding arbitration. Pending issuance
of any decision determining any dispute so referred, the licensee
shall continue to provide proper pickup service for the customer,
provided that the customer shall continue to pay for services rendered.
This section shall not be deemed to replace any other enforcement
provisions of this article.
A.
Administrative sanctions.
(1)
Any person, firm, corporation or entity found violating any provision of this article, with the exception of § 134-13A or B, or conditions imposed by the Town Board upon an approved permit shall be served with a written notice at the direction of the Town Board stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
(2)
Any person, firm or corporation who or which violates, disobeys or
disregards any provision of this article shall be liable to the people
of the Town of Lewisboro for a civil penalty of not less than $25
nor in excess of $1,000 for each such violation, to be assessed after
a hearing by the Town Board or opportunity to be heard upon due notice
and with the rights to specifications of the charges and representation
by counsel at such hearing.
(3)
The Town Board shall have the power, following a hearing, to revoke
any license granted hereunder.
(4)
Any civil penalty or order issued by the Town shall be reviewable
in a court of competent jurisdiction.
B.
Criminal sanctions.
(2)
For a second and each subsequent offense, he shall be guilty of a
misdemeanor punishable by a fine not less than $1,000 nor in excess
of $2,500 and/or a term of imprisonment of not more than 30 days.
(3)
The Town Attorney shall prosecute persons alleged to have violated
the provisions of this article and may seek equitable relief to restrain
any violation of its provisions.
Any action brought hereunder shall be commenced within three
months of the date of the alleged violation.
If any section, subsection, paragraph, sentence, clause or phrase
of this article is declared by any court of competent jurisdiction
to be invalid, such invalidity shall not affect any other portion
of this article. The Town Board hereby declares that it would have
adopted every section, subsection, paragraph, sentence, clause and
phrase of this article regardless of the fact that any other section,
subsection, paragraph, sentence, clause or phrase be declared invalid.
This article shall become effective as of January 1, 1993.
