[Adopted 10-16-1986 by L.L. No. 3-1986; amended in its entirety 10-10-1989 by L.L. No. 1-1989]
[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]
[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.
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.
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.
GARBAGECommon 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.
RUBBISHFor 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.
ASHESThe 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]
[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.
(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 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.
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.
[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.