Town of Somers, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Somers as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering and dumping — See Ch. 118.
[Adopted 10-16-1986 by L.L. No. 3-1986; amended in its entirety 10-10-1989 by L.L. No. 1-1989[1]]
[1]
Editor's Note: The title of this article was amended 1-11-2007 by L.L. No. 1-2007.
[Amended 1-11-2007 by L.L. No. 1-2007]
This article shall be known and cited as the "Residential and Commercial Refuse Collection Law of the Town of Somers."
[Amended 6-10-1993 by L.L. No. 6-1993]
A. 
The purpose of this article is to maintain and promote the orderly collection and disposal of refuse in the most efficient and economical manner within the Town of Somers and to promote all reasonable efforts to further the recycling of glass, metal, plastic, newspapers and other materials. It is the policy of the Town of Somers that the accomplishment of the purpose may best be achieved by municipal regulation of refuse collections and disposal of the same with regard to financial responsibility and procedures and sensitivity to the interests of the public.
B. 
It is also the policy of the Town of Somers that it shall participate in the six Northern Westchester Towns' Municipal Cooperation Agreement (MCA). The Town of Somers reserves unto itself the authority to designate a disposal site or transfer station as needed.
C. 
The 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 Somers may enter into a contract or contracts for the collection of refuse.
[Amended 1-11-2007 by L.L. No. 1-2007]
A. 
It shall be unlawful for any person, firm or corporation to regularly collect refuse and/or to collect any material for recycling within the Town of Somers, except from his own residence or business property, without first obtaining a license from the Town.
[Amended 1-11-2007 by L.L. No. 1-2007]
B. 
It shall be unlawful for any licensee hereunder to refuse service during the license period to any resident of the Town of Somers requesting the same.
C. 
It shall be unlawful for any licensed collector to deviate from any of the standards of compliance as set forth in § 109-6 below.
[Amended 6-10-1993 by L.L. No. 6-1993]
For the purpose of this article, the following words and terms shall be deemed to have the meanings herein given to them:
CURBSIDE
The side or area wherein the public highway, either paved or unpaved, abuts the property of the private or public property owner.
DEMOLITION AND CONSTRUCTION WASTES
Lumber, pipes, brick masonry and other construction materials from either razed buildings or other structures.
DRIVEWAY
A designated area, either paved or unpaved, permitting ingress to and egress from lands of a private owner onto the public highway.
MIXED RECYCLABLES
The following materials which may be mixed together:
[Amended 7-11-2013 by L.L. No. 4-2013]
A. 
Glass bottles and jars, clean and free of food particles and other residues, including, but not limited to, glass food bottles and jars, juice bottles, liquor bottles, baby food jars, soda bottles and wine bottles, but not ceramics, crystal, glass doors, light bulbs, mirrors, Pyrex window panes or windshields.
MUNICIPALLY COLLECTED SOLID WASTE
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 Somers.[1]
ON PREMISES
That designated location at the residence end of the driveway and no more than 10 feet from the driveway.
PAPER RECYCLABLES
Newspapers, ledger/office paper, writing paper, junk mail, cardboard, food boxes, magazines, phone books, paper board, chipboard, any and all of which must be clean, dry and free of any liquid or contamination.
[Added 7-11-2013 by L.L. No. 4-2013]
PROHIBITED WASTES
Any of the following:
A. 
All material defined as "hazardous wastes" pursuant to either Subtitle 3 of the Federal Resource Conservation and Recovery Act of 1976, as amended from time to time, and implementing regulations issued by the USEPA (United States Environmental Protection Agency) (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.
B. 
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).
C. 
All materials which are radioactive.
D. 
Sludge, septic, pathological, infectious or explosive wastes and liquid wastes.
E. 
Any other waste material which may not be lawfully transported to, stored, managed or disposed of at the facilities the contractor uses pursuant to this article.
REFUSE
All solid wastes, including garbage, rubbish and ashes, as hereinafter defined:
A. 
Common household wastes resulting from the preparation, cooking or servicing of goods, market wastes and wastes from the handling, storage and sale of produce. Specifically excluded from this definition are all animal wastes.
B. 
For the purpose of this definition, combustibles, such as paper, cardboard cartons or boxes, wood or related products and excelsior, and noncombustibles, bulk metals, dirt, crockery and minerals.
C. 
The residue created from fires used for cooking, heating and on-site incineration.
SINGLE-STREAM RECYCLABLES
A combination of paper/fiber recyclables and mixed recyclables.
[Added 7-11-2013 by L.L. No. 4-2013]
[1]
Editor's Note: The former definition of "newspaper," which immediately followed this definition, was repealed 7-11-2013 by L.L. No. 4-2013.
[Amended 10-17-1991 by L.L. No. 7-1991; 4-9-1992 by L.L. No. 6-1992; 6-10-1993 by L.L. No. 6-1993]
A. 
Application. Application for a license to collect refuse within the Town of Somers shall be made at the office of the Town Clerk of the Town of Somers 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.
B. 
The form of application shall be determined from time to time by the Town Board of the Town of Somers and shall include the following information:
(1) 
A detailed description of the applicant's equipment, including age, make, license plate number, vehicle identification number and the mechanical condition of each vehicle used by the applicant in the collection of refuse within the Town of Somers.
(2) 
A description of the applicant's work force.
(3) 
The proposed rates for the collection of refuse for each type of service.
(4) 
Owners, stockholders and related businesses: the names and addresses of actual or beneficial owners, the stockholders, directors, officers and creditors.
(5) 
Detailed information relating to the applicant's insurance coverage as described in § 109-5D.
(6) 
The number of residential and commercial customers and the proposed service area, if not throughout the entire Town of Somers.
[Amended 1-11-2007 by L.L. No. 1-2007]
(7) 
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.
(8) 
The method of billing.
(9) 
The office location and twenty-four-hour telephone number.
C. 
Criteria for licensing approval.
(1) 
The carter must list names and addresses of a minimum of 20 prospective residential and/or commercial accounts in order to be eligible for licensing. The Town Board may reduce the minimum number of residential accounts required for licensing in its discretion upon conditions the Town Board may deem appropriate if the Town Board shall find the carter to be responsible.
[Amended 1-11-2007 by L.L. No. 1-2007]
(2) 
The carter must have available one fully maintained and operable spare truck in addition to those in daily use. Each carter should have a minimum of one fully enclosed packer truck.
(3) 
The carter shall be in compliance with Chapters 825 and 826A of the Laws of Westchester County.
[Amended 1-11-2007 by L.L. No. 1-2007]
(4) 
The carters must agree to pay all tipping fees arising from delivery of refuse or nondelivery of refuse and to indemnify and hold the Town of Somers harmless from any cost and expense by reason of their failure to pay.
(5) 
The carters must comply with all provisions of the six Towns' MCA and all waste separation regulations promulgated by resolution of the Town Board.
(6) 
The carter must agree to provide recycling services for the collection and proper disposal of mixed recyclables and newspapers, as set forth in § 109-6B.
(7) 
All licensed carters are required to provide bulk pickup as part of their basic service or as an optional service at an additional charge.
D. 
Insurance.
(1) 
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:
(a) 
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 Somers or to the disposal area or transfer station.
(b) 
The disposal of such refuse and bulk pickups within the designated and approved disposal areas.
(c) 
Protecting the Town of Somers by adding the Town of Somers 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, contractors and employees in carrying out the activities permitted under the terms of this article.
(2) 
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 in the Town of Somers 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 of $500,000 per occurrence.
(b) 
Motor vehicle. bodily injury and property damage insurance: combined single limit of $500,000 per occurrence.
(c) 
Workers' compensation and disability benefits: as required by law.
E. 
License fee. The license fee shall be in an amount set by resolution of the Town Board[1] per year for a normal work truck with a capacity of up to 18,000 pounds. The license fee for all working trucks in excess of 18,000 pounds shall be in an amount set by resolution of the Town Board. 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.
[1]
Editor's Note: The current fee is set forth in the fee schedule, which is on file in the office of the Town Clerk.
F. 
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 it 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 requires in its decision.
G. 
License period. All carter licenses issued pursuant to this article on or after September 1, 1986, shall be valid for one year after the date of issuance unless sooner revoked or suspended by the Town Board, but in no case later than December 31 of any year. Applications for renewal licenses shall be filed not less than 60 days prior to the expiration date and shall be treated as new applications. If an application is filed by a previously unlicensed collector, it shall be filed not less than 120 days prior to the date the applicant desires it to become effective.
H. 
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 120 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.
I. 
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 may 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. 
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.
B. 
Collection practices. The collector shall offer the following minimum collection services at no additional charge:
(1) 
Twice-per-week refuse collection at the curbside; or
(2) 
Once-per-week refuse collection on premises for residences with a driveway; and
(3) 
Once-per-week collection at curbside; commercial collection; mixed and single-stream recyclables collection.
[Amended 1-11-2007 by L.L. No. 1-2007; 9-8-2011 by L.L. No. 6-2011[1]; 7-11-2013 by L.L. No. 4-2013]
(a) 
Once-per-week collection at the curbside or on premises, if residential, or, if commercial, collection at designated locations at intervals per contract, of paper/fiber recyclables in a manner appropriate for either dual- or single-stream collection (as determined by the Town Board) on scheduled paper/fiber recyclable collection days. Paper/fiber recyclables may be placed for pickup on the day before a scheduled collection, but not sooner.
(b) 
Mixed recyclables must be placed in appropriate containers provided by the customer or collector. Containers of mixed recyclables shall be placed at curbside or other specified collection locations on scheduled mixed recyclable collection days. Such containers may be placed for pickup on the day before a scheduled collection, but not sooner. Mixed recyclables may be collected only by permitted collectors.
(c) 
Single-stream recyclables collection. With Town Board approval, collectors may provide or be required to provide single-stream recycling collection services in which newspapers, magazines, cardboard, junk mail and other approved paper/fiber recyclables would be collected together with mixed recyclable materials, with ultimate delivery to a materials recovery facility (MRF).[2]
[2]
Editor's Note: Former Subsection B(4), concerning commercial collection, added 1-11-2007 by L.L. No. 1-2007, which immediately followed this subsection, was repealed 7-11-2013 by L.L. No. 4-2013.
[1]
Editor's Note: This ordinance provided an effective date of 1-1-2012.
C. 
Precollection practices. All residents and commercial establishments of the Town shall provide suitable containers for the storage of garbage or refuse and shall comply with all waste separation regulations promulgated by resolution of the Town Board. Such containers shall be practical, suitable and of sufficient strength for the purpose of holding and storing refuse and other material intended for disposal. The containers shall be kept in a sound and sanitary condition by the resident. 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. Mixed recyclables must be placed in containers approved by the Town. No other material of any other kind shall be placed intermingled with mixed recyclables. Containers and newspapers shall be placed at the regular refuse collection point. Newspapers shall be securely bundled or placed in kraft paper bags.
[Amended 1-11-2007 by L.L. No. 1-2007]
D. 
The collector shall pick up at any one time, for customers having once-per-week service, a maximum of four containers of any sort or combination thereof and a maximum of two mixed recyclable containers. There shall be no maximum amount of newspapers allowed per one pickup.
E. 
Dumpsters. This article shall also cover those residences which use dumpsters, except for § 109-6A, B, C and I.
F. 
The standard collection shall be four containers once per week or three containers twice a week, and any regular variation shall be subject to negotiation between the carter and the customer. The carter shall comply with all waste separation regulations promulgated by resolution of the Town Board.
G. 
The collectors shall provide a special rate for senior citizens qualified for New York State property tax exemption, computed on a discount of ten-percent reduction from the normal rates.
H. 
Transfers. Transfer sites shall be left free of debris dropped in the transfer process. Debris left at transfer sites must, upon request of any Town official, be removed within 24 hours by the user or users of that transfer.
I. 
Type and maintenance of vehicles. All vehicles used in the transportation of refuse within the Town of Somers shall be kept in a sanitary condition, shall be in complete compliance with Chapter 826 and Chapter 826A of the Laws of Westchester County 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 typing it down.
[Amended 1-11-2007 by L.L. No. 1-2007]
(1) 
Loading of vehicles shall be done in such manner as to prevent spilling or loss of contents. All carters licensed hereunder shall use packer-type vehicles. 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. Lettering on vehicles shall conform to current New York State Department of Transportation regulations.
(2) 
Vehicles used to collect residential refuse shall be limited to three axles or fewer.
(3) 
Noncompliance may result in revocation of the vehicle permit and/or in civil penalties.
J. 
Complaints.
(1) 
Each licensee shall remedy each resident or commercial establishment complaint from an omitted service within 48 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 24 hours.
[Amended 1-11-2007 by L.L. No. 1-2007]
(2) 
The licensee hereunder shall keep available a record of 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. Reports of complaints shall be filed monthly in the office of the Town Clerk.
(3) 
The licensee must maintain either an office staff or answering service for receipt of said complaints during normal business hours.
K. 
Reporting practices. The licensee shall, within three days from the end of the month, furnish to the Town Clerk a monthly report of its total recyclable and nonrecyclable tonnage collected and the number of residential and commercial accounts served in the prior month within the Town of Somers. Recyclable tonnage shall be reported by category of product, and the licensee shall report the delivery point to which recyclables were delivered after collection.
[Amended 1-11-2007 by L.L. No. 1-2007]
L. 
Collection fees.
(1) 
The fee schedule to be charged by any 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 accepted by the Town Board 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 the 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. 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 and commercial customers it services and to the Town Board of the Town of Somers 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.
[Amended 1-11-2007 by L.L. No. 1-2007]
B. 
Administration. The administration of this article shall be the duty of the Town Clerk of the Town of Somers 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. The Town Clerk and Code Enforcement Officer shall be authorized to enforce, implement and carry out the provisions and purpose 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 serves 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.
[Amended 6-10-1993 by L.L. No. 6-1993]
A. 
Administrative sanctions.
(1) 
Any person, firm, corporation or entity found violating any provision of this article or conditions imposed by the Town Board upon an approved permit or waste separation regulation promulgated by resolution of the Town Board shall be served with a written notice at the direction of the Town Board or its designee 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, corporation or entity who or which violates, disobeys or disregards any provision of this article shall be liable to the people of the Town of Somers for a civil penalty of not less than $100 nor in excess of $250 per day for each such violation, to be heard upon due notice and with the 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.
[Amended 1-11-2007 by L.L. No. 1-2007]
(1) 
Any person, firm, corporation or entity who or which violates any order of the Town Board regulating residential refuse or recyclables collection shall, in addition, for the first offense, be guilty of a violation punishable by a fine of not less than $100 nor in excess of $250.
(2) 
For a second and each subsequent offense, he shall be guilty of a misdemeanor punishable by a fine of not less than $250 nor in excess of $1,000.
(3) 
The Town Attorney shall prosecute persons alleged to have violated the provisions of this article and shall seek equitable relief to restrain any violation of its provisions.
(4) 
Noncompliance may result in the revocation of a vehicle permit.
Any action brought hereunder shall be commenced within three months of the date of the alleged violation.
[Added 3-2-2017 by L.L. No. 2-2017]
All persons licensed to collect waste materials and garbage within the Town shall make such collection at least once a week from each dwelling and business, commercial or industrial establishment which it serves regularly, unless otherwise directed by the owner or inhabitant of the dwelling or establishment so served. Collection of garbage shall be made in or adjacent to residential areas beginning no earlier than 7:00 a.m. and ending no later than 6:00 p.m. No collection shall be made on Saturdays and Sundays, except in time of emergency or as necessary to maintain schedules due to holidays, in which event collection shall be made between the hours of 9:00 a.m. and 5:00 p.m.