[HISTORY: Adopted by the Town Board of the Town of Haverstraw 11-13-1990 by L.L. No. 12-1990; amended in its entirety 12-15-1998 by L.L. No. 19-1998. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Refuse Removal Law."
The great influx of people into the Town of Haverstraw has resulted in the refuse collection industry's becoming an important factor in the community. Proper collection results in the preservation of the appearance of the municipality and the prevention of health hazards. Also, the convenience and financial well-being of the citizenry is affected by proper regulation of the industry.
The Town Board seeks to properly regulate the garbage collection industry. It is the intention of the Town Board to assure prompt, efficient, clean and courteous service by the refuse collection industry at reasonable prices.
For the purpose of this chapter, the terms used herein are defined as follows:
- COMPACTED GARBAGE
- Garbage which has been compacted and processed to a density not less than that provided by the Dumpster Route King II.
- ENGAGE IN BUSINESS
- Solicitation, correspondence, contracting or furnishing of containers, vehicles, machinery, appliances, materials or any other items used for the purpose of collecting, removing or transporting refuse.
- Lawn clippings, grass, weeds and like material.
- INDUSTRIAL AND BUSINESS ENTITY
- Any person, individual, group of individuals, corporation, firm, association or partnership, including the plural as well as the singular and the feminine as well as the masculine gender.
- REFUSE, WASTES AND RUBBISH
- Materials, goods, wares and merchandise and any ingredients, parts or by-products thereof sold, offered for sale, manufactured, processed, repaired or assembled by business or commercial firms who have discarded waste, whether animal, fish, fowl, fruit or vegetable matter, resulting from the use, storage and growth of food for human consumption, and including spoiled foods, garden and tree fruits and vegetables, plastic, paper, tin, glass or other containers, discarded combustible and noncombustible waste materials, swill, ashes, the residue from the combustion of wood, coal, coke, charcoal and other combustible material, newspapers, papers, rags, cartons, boxes, excelsior, straw, rubber, leather, metals, mineral matter, crockery, dust and sweepings from buildings, the carcasses of animals, leaves, grass and yard trimmings, tree branches and rocks and stones.
In addition, the terms, phrases and words used herein shall have the meanings ordinarily given thereto or as defined in the New York State Sanitary Code and the Rockland County Sanitary Code. All terms, phrases and words shall be given the construction provided for in the General Construction Law of the State of New York.
A licensee is permitted to collect refuse from either residential and/or business establishments only between the hours of 6:00 a.m. and 8:00 p.m.
[Amended 12-12-2005 by L.L. No. 6-2005]
The licensee may work on Saturdays or holidays in his or its individual discretion. If pickup is on a holiday, the customer must be notified in advance.
All vehicles used by collectors of refuse, wastes and rubbish shall have been inspected and approved by the Rockland County Health Department on an annual basis, the inspection certificate of which (signed by a sanitary inspector) shall be filed with the Sanitation Commission.
[Amended 3-10-2003 by L.L. No. 2-2003]
All vehicles shall be so constructed as to make impossible the spilling or leakage of refuse, wastes and rubbish. During transportation through the Town of Haverstraw, all vehicles shall be covered in such a manner that none of the contents shall spill onto Town roads. In the event that any spillage occurs, the collector causing such spill must clean the same up immediately. In the event that damage occurs, a penalty may be levied pursuant to § 103-12 of this chapter.
The licensee must keep all vehicles clean, sanitary and neatly painted and shall wash, clean and disinfect such vehicles at least once a week and also in accordance with the rules, regulations and code of the Rockland County Health Department.
The licensee must keep all vehicles readily identifiable by lettering the names of the owners and their Haverstraw license numbers, as well as load capacity, in letters of suitable size upon the vehicles, including all roll-off boxes. All drivers/operators of vehicles used for the collection of refuse must have the proper classification of license to operate such vehicles.
All individual(s) and/or business entities desirous of engaging in the business of collecting, removing or transporting refuse, wastes and rubbish in the Town of Haverstraw must apply for a license from the Town of Haverstraw.
Determining and issuing agency. The Sanitation Commission is authorized to be the determining agency of licenses. The Town Clerk is authorized to be the issuing agency of licenses and identification decals under the Town Clerk's hand are to be sealed with the Corporate Seal of the Town of Haverstraw. The decision of the Sanitation Commission with respect to any application is final.
Applications forms. All applications for licenses shall be made on forms available at the office of the Town Clerk. All completed applications shall be deposited with the Town Clerk.
Fees. The annual fee for a permit is $50 per carter and $100 for each truck.
[Amended 3-10-2003 by L.L. No. 2-2003]
Sample forms are on file in the office of the Town Clerk.
An individual(s) or business entity shall not engage in the business of collecting, removing or transporting refuse, wastes, rubbish and construction and demolition debris in the Town of Haverstraw without first obtaining from the Sanitation Commission a license to conduct such business in the Town of Haverstraw, including affixing an official identification decal on each vehicle used by said individual(s) or business entity.
Approvals. A license shall not be issued unless a complete application has been approved by the Sanitation Commission.
Requirements for commercial carters. The following requirements must be adhered to by the licensee upon issuance of a license:
All rules and regulations outlined in this chapter must be adhered to by the licensee.
An official identification decal shall be affixed to the windshield of each vehicle used by the licensee.
In the event that there occurs any change of facts as stated in the application, the applicant shall document such changes by submitting a supplementary application to the Sanitation Commission. The supplementary application must be deposited with the Town Clerk within 15 days of such change. The supplementary application must be approved by the Sanitation Commission.
Any change or modification of a collector's identification decal must be made by the Sanitation Commission, solely.
Insurance coverage. Each licensee must file with the Sanitation Commission the following evidence of insurance coverage prior to the commencement of operations. All certificates of insurance must be in a form approved by the Town Attorney. All insurance coverage must extend through the permit year.
[Amended 8-13-2002 by L.L. No. 10-2002]
General liability insurance requirements are as follows:
Coverage of $1,000,000 bodily injury and property damage.
Submission to the Town of Haverstraw of a certificate of insurance which meets the following requirements:
In the box with the title "Description of operations": "The Town of Haverstraw as additional insured for general liability."
In the box with the title "Certificate holder": "Town of Haverstraw, One Rosman Road, Garnerville, New York 10923."
In the box with the title "Coverage": "30 to 60 days." The cancellation notice should provide the Town with anywhere between 30 and 60 days' notice. Ten days is not acceptable.
The certificate of insurance which is submitted to the Town of Haverstraw must cover the license period.
Workers' compensation. Each licensee shall file with the Sanitation Commission evidence in the form of a certificate of insurance that workers' compensation insurance is in full force and effect covering each and every person employed by the licensee in the collection and deposit of refuse.
Automobile liability insurance requirements are as follows:
Coverage of $1,000,000 combined single limit or $1,000,000/$1,000,000 for bodily injury and $250,000 property damage.
Coverage on each and every vehicle engaged in the collection of refuse.
Submission to the Town of Haverstraw of a certificate of insurance which meets the following requirements:[a]In the box with the title "Description of operations": "The Town of Haverstraw as additional insured for general liability."[b]In the box with the title "Certificate holder": "Town of Haverstraw, One Rosman Road, Garnerville, New York 10923."[c]In the box with the title "Coverage": "30 to 60 days." The cancellation notice should provide the Town with anywhere between 30 and 60 days' notice. Ten days is not acceptable.[d]The certificate of insurance which is submitted to the Town of Haverstraw must cover the license period.
Term of permit. The permits that expire on December 31, 2012, shall be extended to April 30, 2013, at no further cost of expense to the permittee. Thereafter, every permit shall expire on April 30 of each year. Permits must be renewed on an annual basis.
[Added 3-10-2003 by L.L. No. 2-2003; amended 11-26-2012 by L.L. No. 5-2012]
The Town Board of the Town of Haverstraw has implemented a fee schedule for the refuse collection industry. The Town Board may alter, modify or amend this fee schedule by the following methods:
The members of the refuse collection industry may petition the Sanitation Commission for permission to increase or decrease the fee for collection.
The Sanitation Commission may, on its own initiative, call for an increase or decrease in fees for collection.
Any alteration, modification or amendment to the fee schedule after the public hearing must be adopted by resolution of the Town Board.
Refuse collection. The following fee schedule shall be in effect for the collection of refuse in the Town of Haverstraw.
The licensee shall render efficient, reliable, quiet and courteous service at all times.
The licensee shall not arbitrarily discontinue service to any customer. In the event that any customer fails to pay for the services rendered for a period of three consecutive months, service may be discontinued by the licensee. The procedure for such discontinuation is:
The licensee shall make a minimum of one collection per week.
The licensee shall not refuse to collect grass, provided that the same is placed in a grass container or plastic bag at the street for pickup.
The licensee shall not abuse the customer's containers, and covers will be set on or stored neatly in emptied containers.
Pickups at residential locations shall be at or near the front of the driveway.
Pickups at commercial locations shall be at the exterior of the building and approximately 10 feet from the curb.
The licensee shall pick up any garbage which is dropped from the collection vehicle.
The licensee shall park the collection vehicle as far off the road as possible.
The licensee shall bill customers at least once every month.
The licensee shall notify all of its customers in writing of a change in the licensee servicing the customer. Said written notification shall be sent to the customer at least one week prior to the change.
The customer must purchase his or her own containers. The container shall be the standard twenty- to thirty-gallon container with a covering lid.
All garbage must be placed in covered containers. Grass and leaves may be placed in plastic bags. The collector shall not be required to collect any garbage which is not placed therein.
The customer cannot require collections from the interior.
The customer may negotiate additional charges for pickup in areas other than those specified in § 103-9.
The customer cannot permit his containers to remain at curbside for a period of 24 hours after collection.
The Town Board shall serve as the Sanitation Commission and shall be reappointed every year.
Chairman. The Town Board shall appoint one member of the Sanitation Commission to act as Chairman for a one-year term.
Meetings. The Sanitation Commission shall hold meetings at such times as called by the Chairman. A quorum shall consist of three members. All meetings shall be open to the public and minutes shall be kept of the proceedings, showing the vote of each member upon any question or, if absent or failing to vote, indicating such fact. All official actions shall be documented.
Powers and duties. The Sanitation Commission shall have the following powers:
To investigate all violations of this chapter.
To investigate any grievance reported by customers or refuse, wastes and rubbish collectors.
To receive petitions requesting an adjustment of collection rates.
To take testimony pertinent to the above.
To hold public hearings on five days' notice by publication in the official newspaper of the Town of Haverstraw, together with written notice by certified mail to the refuse, waste and/or rubbish collector involved.
To determine whether a violation has occurred and to pursue the levying of fines, when necessary.
All other powers necessary, incidental or implied to carry out the purposes and proper function of this chapter.
Any individual(s) or business entity found guilty of committing any of the following acts shall be punishable by a fine not exceeding $20,000 or imprisonment for a term of not less than 15 days but not in excess of one year, or both; suspension or revocation of his or its license; restitution for damage to public property; and cost of cleanup of public and private property. Each violation shall constitute a separate offense and shall be punishable as such. Offenses shall include but not be limited to the following:
Nothing in this chapter shall be construed to supersede the standards contained in the New York State Sanitary Code or the Rockland County Sanitary Code. In the event of any dispute regarding which standards shall be applicable between this law and any other applicable laws, rules and/or regulations, this chapter shall be interpreted by any court of competent jurisdiction so that the more strict interpretation shall prevail.
Nothing contained in this chapter shall be construed or interpreted to make the Town of Haverstraw a party to any contract for refuse, wastes and rubbish removal.