[Added 4-16-1990 by L.L. No. 2-1990]
A.
Permit required. No person who is in the business
of collecting, transporting and/or disposing of solid waste shall
remove any solid waste from the premises of any person unless he shall
have obtained a permit from the Village Clerk as well as a permit,
if required, pursuant to the provisions of the Public Health Ordinance
of the Nassau County Department of Health. Every permittee shall have
agreed to conform to any rules and regulations established by the
Superintendent of Public Works and to provide additional information
pertaining to the collection, transportation and/or disposal of solid
waste within the Village as the Superintendent of Public Works or
the Village Clerk may reasonably require.
B.
Permit procedure. Every applicant shall file a written
verified application with the Village Clerk on forms provided for
that purpose verifying the following information.
C.
Application form. The application form shall provide:
(1)
The name and address of the applicant, specifying,
in the case of any unincorporated association, the names and addresses
of each member thereof and, in the case of any corporation, the names
and addresses of each officer and director thereof.
(2)
If the applicant conducts business under a trade name
or if the applicant is a partnership, the application for a permit
must be accompanied by a copy of the trade name or partnership certificate
duly certified by the Clerk of the county in whose office the certificate
is filed.
(3)
The age and citizenship of the applicant and each
member thereof if an unincorporated association and each director
and officer thereof if a corporation.
(4)
The experience of the applicant and each member thereof
if an unincorporated association and each director and officer thereof
if a corporation, in the business of collection, transportation and/or
disposal of solid waste material.
(5)
The number of collection vehicles to be operated by
the applicant and a description of each such vehicle, including the
ownership of the vehicle, the make, year, model of chassis and body
type, the cubic capacity, or tare weight, the color of the vehicle
and the current New York State registration number.
(6)
The approximate volume and tonnage each vehicle will
handle per day.
(7)
The location of any and all terminals proposed to
be used by the applicant for the storage of permitted vehicles.
(8)
The applicant's proposed daily route for each area
to be serviced in the Village. Such route description is to include
a description of the street boundaries for each area to be serviced.
Within 30 days of occurrence, any changes in the daily route shall
be reported, in writing, to the Village Clerk.
(9)
The name, address and telephone number, both day and
night, of the applicant or the person in charge of the business.
(10)
The hours and days each vehicle will operate
within the Village. No vehicle may operate as described in this chapter
before 7:30 a.m. at any stop adjacent to or within a residential zone.
No vehicle may operate as described in this chapter at any stop before
6:30 a.m. In no event shall any vehicle operate after 7:00 p.m.
(11)
A statement as to whether the applicant or a
member thereof if an unincorporated association or, if a corporation,
any director, officer or stockholder thereof has a record of a prior
conviction or convictions for a crime other than a traffic offense
and, if so, an explanation of the nature of such conviction or convictions.
(12)
A complete list of the names and addresses of
all employees of the applicant as of the date of application.
(13)
Any other relevant information the Village Clerk
may require.
D.
Additional requisites for obtaining and holding a
permit.
(1)
Change of ownership. In the event of any change of
ownership of a corporate permittee, the permittee of record must notify
the Village Clerk, in writing, of such change within three days after
such change occurs.
(2)
Insurance. Before a permit may be issued by the Village
Clerk, each applicant shall file with the Village Clerk proof of the
following insurance coverage consisting of a certificate of the insurance
carrier, naming the Village as a coinsured:
(3)
Duty to keep records. Every permittee shall keep complete
and accurate books of account with respect to the operation of his
business in which shall be entered and shall show, among other things,
all income derived or received from each of his customers and/or other
sources, together with details of all expense and disbursements made
or incurred in the operation of his business. Such books of account
shall be kept current on a monthly or quarterly basis and brought
up-to-date not later than 30 days after the expiration of such period.
All such records shall be retained by the permittee for at least three
years.
(4)
Right of inspection. The Village shall have the right
to inspect books of account and records maintained by the permittee.
E.
Duty to provide additional information. In addition
to any provision hereinabove set forth, every person holding a waste
removal permit on or after the effective date of this section is subject
to any and all laws, ordinances, rules and regulations which govern
the operations of the permittee, including but not limited to providing
such additional information pertaining to solid waste collection,
transportation, recycling and disposal practices and operation from
time to time as the Village Clerk may reasonably require. A written
verified statement verifying such information shall be filed with
the Village Clerk within 30 days after a notice requesting such information
has been mailed to the permittee at his last known address.
A.
Permits required by this article shall be issued by the Village Clerk following the review and approval of permit applications and upon payment by the applicant thereof of a fee in accordance with the fee schedule set forth below in Subsections A and B, or as may be subsequently amended by duly enacted resolution of the Board of Trustees. No permit shall be issued unless reflective devices are prominently displayed on all equipment and such devices meet the regulations and requirements established by the Village Clerk. With each permit issued, the Village Clerk shall issue a set of decals or tags or other form of identification approved by the Village Clerk, which shall be permanently fastened and displayed at all times in a conspicuous manner on the right and left doors of each truck, wagon or conveyance. The fee for a permit shall be $500 for each truck, wagon or conveyance used by the applicant in the removal, transportation or disposal of solid waste within the Village.
[Amended 11-19-2001 by L.L. No. 3-2001; 5-20-2013 by Res. No.
094/13]
B.
Upon the filing of an affidavit and such other proof
as may be required by the Village Clerk, a substitute permit and decal
or tags or replacement of a lost permit and decals or tags may be
issued upon the payment of a fee of $100, and a replacement permit
card not requiring the issuance of decals or tags may be issued upon
the payment of a fee of $50.
C.
Each permit issued pursuant to this article shall
be issued as of the date of the granting thereof and shall expire
on the first day of February next succeeding such date, unless sooner
suspended or revoked. The Superintendent of Public Works may extend
the compliance date where he believes circumstances so warrant for
a period not to exceed two weeks.
No person shall remove any solid waste of any
kind from the premises of any person, except in trucks having watertight
bodies. Solid waste placed for collection shall be in watertight containers
or in a type of construction as is from time to time described and
defined by the Superintendent of Public Works.
Each vehicle shall be maintained, operated and
used at all times only in full compliance with all applicable provisions
of law, federal and state, as well as local, and with all applicable
rules and regulations and orders of all authorities, federal, state,
county and Village, having jurisdiction in the premises.
It shall be deemed an offense for any property
owner or legal occupant thereof to contract for or allow private solid
waste collection except by a person licensed to do the same under
this chapter.
A.
The Village Board reserves the right to suspend or
revoke any permit issued pursuant to this article. The permit issued
may be suspended by the Village Board for a violation of any part
of the provisions of this article after service of a notice, in writing,
by registered or certified mail, upon the holder of the permit, requiring
the permittee, his agents, servants or employees to appear before
the Village Board and show cause why the permit should not be revoked.
B.
In addition to subjecting a permit issued pursuant to this article to suspension or revocation, a violation of this article shall be deemed an offense subject to the penalties of § 38-29 above.
C.
The Board of Trustees may amend the penalties imposed
in this chapter by duly enacted resolution.
[Added 11-19-2001 by L.L. No. 3-2001]
In any section, paragraph, subdivision or provision
of this article shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this article as a whole,
or any part or provision thereof, other than the part so decided to
be invalid or unconstitutional.
