[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.
[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.
[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:
The side or area wherein the public highway, either paved
or unpaved, abuts the property of the private or public property owner.
Lumber, pipes, brick masonry and other construction materials
from either razed buildings or other structures.
A designated area, either paved or unpaved, permitting ingress
to and egress from lands of a private owner onto the public highway.
The following materials which may be mixed together:
[Amended 7-11-2013 by L.L. No. 4-2013]
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.
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]
That designated location at the residence end of the driveway
and no more than 10 feet from the driveway.
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]
Any of the following:
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.
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, septic, 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 the
contractor uses pursuant to this article.
All solid wastes, including garbage, rubbish and ashes, as
hereinafter defined:
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.
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.
ASHESThe residue created from fires used for cooking, heating and on-site incineration.
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.
(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.
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.
