Town of Thompson, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Thompson as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 160.
Property maintenance — See Ch. 183.
[Adopted 7-7-1981 by L.L. No. 5-1981 as Ch. 56 of the 1981 Code]
When used in this article, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
GARBAGE
Wastes resulting from the handling, preparation, cooking and consumption of food; wastes from the handling, storage and sale of produce; and all waste or discarded animal or vegetable matter capable of fermentation or decay.
REFUSE
Wastes that are offensive to smell or capable of causing contamination or are otherwise obnoxious and offensive.
REFUSE COLLECTOR
Any person carrying on the business of receiving, collecting, transporting or disposing of garbage, refuse and bulk rubbish or other waste for hire within the Town of Thompson.[1]
RUBBISH
Waste material, tin cans, ashes, cinders, glass, pottery, discarded lumber or wood, paper or paper products, plastic, metal materials and all other discarded substances of a solid and incombustible or combustible nature.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall burn any rubbish or garbage, including waste food, papers, rags, waste or discarded wood, lumber or vegetable matter of any kind, upon the public highway or upon any lot within a distance of 200 feet of any building in the Town, except that paper may be burned in a fireproof container, provided that said container is located not closer than 25 feet to any dwelling or mercantile establishment.
A. 
Garbage containers. All persons living and/or doing business in the Town shall keep refuse and garbage within the Town in closed, sanitary, clean, leakproof containers. Garbage containers shall be of such size and number as to provide adequate storage and shall be emptied and cleaned when necessary.
B. 
Storage of containers; family residences. All garbage containers shall be kept in a neat and orderly manner.
C. 
Storage of rubbish. All rubbish shall be placed in suitable receptacles approved by the Town Health Officer or Sanitary Aide Inspector or so securely stacked or tied in bundles as to be easily handled by one person for disposal.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Accumulations. No person shall cause or permit any accumulation of garbage, rubbish or refuse about or upon the premises owned, occupied or used by him so as to cause such accumulation to be unsanitary, unsightly or hazardous to the property, life, health, safety or welfare of the public.[2]
[2]:
Editor's Note: Original § 56-3E, Improper disposal or handling, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall leave or deposit or cause to be left or deposited any abandoned vehicle or parts thereof in or upon any public highway, street or place within the Town.
All garbage, refuse and rubbish generated in the Town of Thompson, except any dangerous, harmful, deleterious or other substances which, according to applicable law, ordinance, rule, regulation or agreement between the Town of Thompson and any landfill operator, cannot be disposed of in such landfill, shall be delivered to the landfill designated by the Town of Thompson.
Any dangerous, harmful or deleterious or other substances originating in the Town of Thompson which cannot be disposed of in the designated landfill site shall be disposed of in accordance with all applicable laws, ordinances, rules or regulations of the state and federal governments and any other authority having jurisdiction over the same.
Notwithstanding the foregoing, any recyclable or salvageable material may be collected and stored in a clean and sanitary manner and may be disposed of for recycling or salvaging pursuant to all applicable laws, ordinances, rules and regulations of the state and federal governments and any other authority having jurisdiction over the same.
[Added 4-4-1989 by L.L. No. 2-1989; amended 6-1-2004 by L.L. No. 3-2004]
Anything herein to the contrary notwithstanding, dumpsters may be used in the Town of Thompson. All dumpsters shall be kept in a place easily accessible to private contractors, be clean, neatly painted, either green or brown so as to be inconspicuous, screened from public view on all four sides by fencing six feet in height with a closing gate, and kept in good repair. No dumpster shall be stored in front of a business or residence or in front of the building line closest to the street or within 25 feet of a public road or public right-of-way. Lessees of dumpsters shall be responsible for notifying the company from which they are leasing said dumpsters that they are in need of repair or if they have been damaged. All doors and lids must be in working order. Lids must be closed at all times. Spilled materials shall be cleaned and are the responsibility of the property owner or occupant. Dumpsters not in use must be removed within 30 days.
A. 
License required. No person shall engage in the business of collecting garbage, refuse or rubbish within the Town either for himself or herself or for and on behalf of any other person directly or indirectly as agent, employee or otherwise without first obtaining a license therefor and paying the fees as hereinafter provided.
B. 
Application. In addition to any other information which may be required by this article and any other local law of the Town, each applicant shall furnish under oath the following information to the Town Clerk, who shall issue said license upon satisfaction that the applicant has complied with all applicable regulations concerning the same:
(1) 
The applicant is over 18 years of age.
(2) 
A description of the vehicles the applicant intends to use for the purpose of conducting the applicant's garbage disposal business.
(3) 
The place where the applicant intends to store or garage such vehicle.
(4) 
The number of employees the applicant intends to engage.
C. 
Types of vehicles; inspection thereof. All vehicles used for garbage, refuse and rubbish disposal by persons applying for a license hereunder shall contain all-metal, completely enclosed bodies, which are leakproof, preferably of the "packer" type. No application shall be considered complete unless said application contains a statement from the Town Health Officer or Sanitary Aide Inspector that the vehicle or vehicles to be used for garbage, refuse and rubbish disposal have been inspected by the Town Health Officer or Sanitary Aide Inspector and are found to be in compliance with this article
[Amended 10-21-2003 by L.L. No. 7-2003]
D. 
License fees.
[Amended 10-21-2003 by L.L. No. 7-2003]
(1) 
The license fee and any renewal thereof shall be as set by resolution of the Town Board. Such license shall be placed and at all times displayed in a conspicuous place at the licensee's place of business or business address.
(2) 
In addition to the license fee required in Subsection D(1) herein, each licensee shall also obtain a separate license for each vehicle used for removal of garbage and rubbish, which license shall be kept at all times in the vehicle for which it has been issued and displayed in a conspicuous place. The license fee for each vehicle shall be as set by resolution of the Town Board.
E. 
Assignment of licenses. Any license issued pursuant to this article shall not be assigned or otherwise disposed of without the consent and approval of the Town Board.
F. 
Conditions for licensing. Every license issued by the Town Clerk pursuant to this article shall be subject to the following conditions:
(1) 
Vehicles used by licensed refuse collectors in the collection and transportation of refuse in the Town of Thompson shall have a fully enclosed carrier body to prevent the escape of noxious odors or contents as provided in Subsection C of this section.
(2) 
Licensees shall be allowed for dry refuse collection open-body-type transportation, which shall be equipped with eye hooks, cleats or other type hold-fast facilities fixed to the sides and ends of the vehicle and with a tarpaulin or other approved cover to prevent blowing off, spilling or scattering of the same along the route of haul.
(3) 
The vehicles used by licensees shall be subject to inspection by the Town Health Officer or Sanitary Aide Inspector to ensure that there is compliance with this article as to the type of vehicle and the existence of a license on the vehicle.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
All trucks must have minimum liability insurance coverage as required by the State of New York for motor vehicle registration.
(5) 
Licensees shall collect garbage, refuse and rubbish and shrubs when tied in bundles or placed in containers, also dirt and sod in reasonable amounts from normal yard cleanup and clippings when in containers, plus household wares, large appliances and furniture.
(6) 
No applicant shall be eligible for a license if any person in interest, whether as an individual, owner, officer or director of a corporation or partner, shall have been convicted of a felony.
(7) 
Any changes in ownership, in an individual officer, stockholders or directors of a corporation, where the license is not affected, must be reported to the Town Clerk within five days.
(8) 
Each licensee shall conform to all rules and regulations of the operator of any landfill site.
(9) 
Licensees shall not mix any dangerous, harmful or deleterious substances with ordinary ashes, garbage, rubbish, refuse or trash and shall be responsible for separating any such substances from their loads prior to trucking such material outside the Town limits.
(10) 
Licensees shall arrange their loads to the fullest extent possible so that such loads are acceptable for disposal in the designated landfill site.
G. 
Revocation of license. Violation of any of the foregoing regulations or any other provision of this article shall be cause for revocation of the license of any collector holding a license hereunder. The Town Board shall have power to revoke any such license for cause shown after a hearing thereon, at which the licensee shall have an opportunity to be heard, on 10 days' written notice to the licensee, specifying the nature of the violation, the complaint of said violation being in writing and signed by the complainant. A revoked license shall be forthwith surrendered to the Town Clerk.[2]
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Personal responsibility of licensee.
(1) 
Each licensee shall be responsible for the management and control of the licensee's activities, regardless of whether such activities are carried on directly by the licensee or by the licensee's servants, agents or employees.
(2) 
The licensee must maintain a sufficient number of employees to carry on properly the activity for which this license is issued.
I. 
Collection fees. The maximum fees for collection of garbage, refuse and rubbish which may be charged by any licensed refuse collector shall be subject to approval by the Town Board, which approval shall be in the form of a resolution duly adopted by said Town Board. All licensed refuse collectors shall submit a list of their proposed fees specifying charges for residential purposes, industrial purposes, commercial and resort purposes. There shall be no increase in fees charged or any additional charges made without further approval by the Town Board.[3]
[3]:
Editor's Note: Original § 56-9J, Revocation of license, and § 56-10, Penalties for offenses, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 4-4-1989 by L.L. No. 3-1989]
The Town Board of the Town of Thompson recognizes that the quality of our environment is fundamental to the residents of the Town of Thompson. It is hereby declared to be the policy of the Town of Thompson to conserve, improve and protect the environment in order to enhance the health, safety and welfare of the people of the Town. The Town Board has further determined that landfills and dumps present significant and continuing hazards to the environment and to the health, safety and welfare of the residents of the Town of Thompson. These hazards are caused not only by the possibilities of odor, vermin, fire and water pollution but also as a result of traffic congestion and heavy vehicular traffic in the vicinity of refuse disposal areas. It is also the policy of the Town of Thompson to encourage and promote recycling of all solid waste in order to preserve and protect our dwindling natural resources.
As used in this article, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
LANDFILL AREA
Any area designated by the Town Board as an area for the deposit of waste material as defined herein.
RESIDENT
Any person, society, club, firm or partnership residing, maintaining any business or owning any real property in the Town of Thompson, New York.
STUDY
An engineering study for the development of any landfill or solid waste disposal facility. In addition, all engineering studies shall include a comprehensive study by the Planning Board and such other reports and recommendations from environmentally concerned governmental agencies at the county, state and federal level.
WASTE MATERIAL
All putrescible and nonputrescible solid waste, including garbage, rubbish, ashes, incinerator residue, dead animals, demolition and construction debris, motor vehicle bodies and parts, offal, sewage, human excrement, whether treated or untreated by chemicals, solid commercial and industrial wastes, junk, trash or other waste material of any kind.
No landfill or solid waste disposal facility of any type, nature or size whatsoever shall be established, created or operated within the Town of Thompson until all the procedures set forth herein have been followed by the applicant and such facility has been approved by the Town Board and a permit for such use has been issued by the Town Board. This article shall also apply to existing solid waste disposal facilities.
[Amended 10-21-2003 by L.L. No. 7-2003]
Any person or governmental entity intending to open, operate or alter operation or increase a landfill or solid waste disposal facility shall be subject to the following procedures:
A. 
Submission to the Town of Thompson Planning Board of a detailed comprehensive plan, including but not limited to the following information:
(1) 
An instrument survey or accurate land plot of the area under construction, including aerial photographs.
(2) 
A topographical study of the area to be considered.
(3) 
An engineering study locating all water sources, streams and tributaries, both surface and underground, and types of soil within 2,500 feet of the boundaries of the proposed site. Such plan shall include the anticipated effect on the quality or flow of any such watercourses.
(4) 
The maximum decibel level of the equipment or machines used or to be used at the site, including the average daily decibel level to be anticipated during the operation of such machines.
(5) 
An air quality study of the air in the vicinity of the site and the anticipated or probable increase in the pollutants in the air as a result of the operation of the site.
(6) 
The number of hours per day and the number of days per week such site shall be operational.
(7) 
The number, type, description and gross tonnage weight of any vehicles that shall service the site.
(8) 
A detailed plan for the control and/or elimination of any increase in vermin as a result of the operation of the site, if applicable.
(9) 
The number of residential dwellings within 2,500 feet of the boundaries of the site and the number of persons residing within that area.
(10) 
The method proposed by the applicant for recycling refuse received at the site, if applicable.
(11) 
Such further and other information, studies and plans as may be deemed necessary by the Town Planning Board in completing its review.
B. 
Compliance with the State Environmental Quality Review Act (SEQR), Chapter 250 of the Code of the Town of Thompson, and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
C. 
Obtaining all necessary permits from the Department of Environmental Conservation and any other municipal authority having jurisdiction.
A. 
Planning Board. Upon receipt of such application, the Town Planning Board shall, within 60 days, hold a public hearing at a time and place convenient to the public. Notice of such meeting shall be published at least once each week for four consecutive weeks prior to the hearing. In addition, written notices of such application shall be forwarded to all landowners and residents within 2,500 feet of the proposed boundaries of the site. Upon completion of the public hearing, the Town Planning Board may, in its discretion, order a further public hearing if necessary or submit, within 60 days, its written detailed recommendations concerning such site to the Town Board.
B. 
Action by Town Board.
(1) 
The Town Board, upon receipt of the written recommendations from the Town Planning Board, may in its discretion hold such further public hearings as the Town Board deems necessary. However, within 60 days of the receipt of the recommendations of the Planning Board, the Town Board shall disapprove the site or issue a permit for the operation of the site under such terms and conditions as the Town Board deems necessary to protect the environment and residents of the Town of Thompson. No such permit shall be issued by the Town Board for a period exceeding a year, nor unless in compliance with Chapter 250, Zoning and Planned Unit Development, of the Code of the Town of Thompson.
(2) 
For good cause, the Town Board may grant a temporary permit pending hearing and final action for existing solid waste disposal facilities and upon such terms and conditions as it deems appropriate.
[Amended 10-21-2003 by L.L. No. 7-2003]
The applicant shall pay to the Town at the time of filing such application a nonrefundable permit fee as set by the Town Board.
Notwithstanding the foregoing provisions, no waste material originating outside of the Town of Thompson can be disposed of within the Town of Thompson.[1]
[1]:
Editor's Note: Original § 100-8, Penalties for offenses, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).