[Adopted 5-1-1990 by L.L. No. 1-1990]
The Incorporated Village of Roslyn Harbor lies
partly within the Town of North Hempstead and partly within the Town
of Oyster Bay. Refuse and sanitation collection within the Incorporated
Village of Roslyn Harbor is a matter of private contract between individual
residents and private carting companies. In order to implement the
express policy of the State of New York to provide for the management
of solid waste generated by residents of the Village and to comply
with applicable laws, rules and regulations of the sites and municipalities
containing the sites to which solid waste generated by Village residents
is delivered by the private carters servicing Village residents, the
Village Board of Trustees has determined that it is necessary to provide
for the recycling of certain solid waste. Requiring solid waste separation
and recycling is also found to be a proper exercise of governmental
authority which helps to preserve the resources of our environment.
The Village will impose the obligation upon all of its residents to
recycle certain solid waste in accord with the requirements of the
applicable municipality, authority or facility to which the solid
waste is delivered for disposal. Enforcement of such a recycling program
can only be achieved within the Village if the private carters servicing
Village residents agree to abide by the recycling provisions of the
applicable municipalities, authorities and facilities to which solid
waste is delivered. In order to ensure that the private carters servicing
the Village comply with all applicable laws, rules, regulations and
ordinances of the Village and of the applicable municipality, authority
or facility to which Village refuse is delivered for disposal, the
Board of Trustees has adopted this article requiring the licensure
of private carters and obligating each Village resident to recycle
certain solid waste as provided herein.
As used in this article, the following terms
shall have the meanings indicated:
The type of solid waste that is deemed acceptable for disposal
at the site or facility to which a carter shall deliver such solid
waste.
A person who is in the business of collecting, transporting
and/or disposing of solid waste.
Waste that appears on a list or satisfies the criteria promulgated
under § 27-0903 of the New York State Environmental Conservation
Law and/or § 1004 of the Federal Resource Conservation and
Recovery Act of 1976, as amended from time to time, or which any governmental
agency or unit having appropriate jurisdiction or the governing body
of a disposal site shall determine to be harmful, toxic, dangerous
or ineligible for disposal at any such disposal site, which shall
include but not be limited to solid waste or a combination of solid
wastes that, because of its or their quantity, concentration or physical,
chemical or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed or otherwise managed.
The facility, plant, works, system, building, structure,
improvement, machinery, equipment, fixture or other real or personal
property that is to be used, occupied or employed for or is incidental
to the collecting, receiving, transporting, storage, processing or
disposal of solid waste generated by residents of the Village. As
of the date of the adoption of this article, the disposal site for
the solid waste generated by those residents of the Village residing
within the boundaries of the Town of North Hempstead is the Town of
North Hempstead Solid Waste Management Processing Facility and the
disposal site for the solid waste generated by those residents of
the Village living within the boundaries of the Town of Oyster Bay
is the City of Glen Cove Disposal/Energy Recovery Facility (CERF).
The Board of Trustees may, by resolution, designate a disposal site
at any time for all or a portion of the Village in addition to, in
lieu of or in substitution of the disposal sites existing on the date
of the adoption of this article.
Any carter licensed pursuant to the provisions of this article.
Any natural person, individual, partnership, corporation,
association, joint venture, trust, estate or any other legal entity.
The definition ascribed to any physical material designated as such by resolution by the Board of Trustees of the Incorporated Village of Roslyn Harbor or by the governing body of the applicable disposal site to which the solid waste is to be delivered, as the same may be determined from time to time. In addition to those items enumerated in § 216-3 of this article, as of the date of the adoption of this article, "recyclable" is defined as follows:
In that portion of the Village lying within
the boundaries of the Town of North Hempstead, any physical material
designated as such by the Commissioner of the Department of Solid
Waste Management of the Town of North Hempstead or the Town Board
of the Town of North Hempstead from time to time; and
In that portion of the Village lying within
the Town of Oyster Bay, any physical material designated as such from
time to time by M.M.B. Management Corp. or the City of Glen Cove.
All putrescible and nonputrescible solid wastes, including
but not limited to garbage, refuse and other discarded solid materials,
rubbish, ashes, paint, chemicals, incinerator residue, demolition
and construction debris and offal, lawn clippings, etc.
That portion of solid waste, excluding hazardous waste, which
is designated by the appropriate governing body of a disposal site
as being unacceptable for treatment at the disposal site, which designation
may include, without limitation, explosives, pathological and biological
waste, radioactive materials, ashes, foundry, sand, sewage, sludge,
cesspool and other human waste, human remains and animal carcasses,
motor vehicles and parts thereof or any other large machinery or equipment.
A.Â
Newspapers, cans, glass bottles and plastics are hereby
declared to be recyclables. After adequate notice has been published,
posted and publicized within the Village, it shall be mandatory for
persons who are owners, lessees or occupants of residential dwellings
in the Village to separately bundle newspapers and to separate cans,
glass bottles and plastics for pickup, collection and recycling.
B.Â
Newspapers shall be compacted, securely bundled and
tied in packages, not exceeding 50 pounds, with a rope or cord sufficient
in strength to facilitate handling, and said packages shall be placed
separately for collection on days specified by the Board of Trustees
by resolution.
C.Â
Cans and glass bottles must be separated from newspapers
and solid waste and placed separately for collection on days specified
by the Board of Trustees by resolution and disposed of as required
by applicable law and the rules, regulations and directions established
by the governing body of the applicable disposal site.
D.Â
Plastics must be separated from solid waste and placed
separately for collection on days specified by the Board of Trustees
by resolution and disposed of as required by applicable law and the
rules, regulations and directions established by the governing body
of the applicable disposal site.
E.Â
It shall be unlawful for any person who is an owner,
lessee or occupant of a residential dwelling in the Village to place
for collection any solid waste not generated by a residential dwelling
within the Village or to commingle recyclables with solid waste in
any container designed or used as a receptacle or container for solid
waste.
F.Â
It shall be unlawful for any carter to knowingly accept
or collect for disposal any solid waste which is commingled with recyclables
or which is generated outside the boundaries of the Village and placed
in the Village for collection.
G.Â
It shall be unlawful for any carter to knowingly accept
hazardous waste or unacceptable waste from any premises within the
Village unless such carter has obtained all requisite permits and
consents from the applicable governing body or bodies having jurisdiction
for the collection, transportation, delivery and/or disposal of such
hazardous waste or unacceptable waste.
A.Â
It shall be unlawful for any carter to pickup up,
gather or load solid waste from any residence within the Village without
first having obtained a license therefor from the Village Clerk.
B.Â
Every applicant for a carter's license shall file
a written and verified application with the Village Clerk, in such
form and containing such information as the Board of Trustees may
from time to time determine. Such information shall include but not
be limited to:
(1)Â
The name, business address, and telephone number of
the applicant.
(2)Â
The location where the applicant stores and maintains
the vehicles used by it for the collection of solid waste within the
Village.
(3)Â
A sketch, schematic, diagram or other representation
of the route and the homes within the Village to be serviced by the
applicant.
(4)Â
A representation and agreement that the applicant
will be subject to, abide by and adhere to the local laws of the Village
and of all other applicable laws, codes, rules, regulations and administrative
orders promulgated by the governing body of any disposal site to which
solid waste collected from the Village shall be delivered.
(5)Â
A representation that it is licensed, authorized and/or
permitted to dispose of the solid waste generated by Village residents
serviced by it at a disposal site designated by the Village for such
residents and it will dispose of such solid waste at the designated
disposal site and agree to be subject to and abide by and adhere to
any contract or agreement between the Village and any such disposal
site.
(6)Â
Any other information or undertaking as may be required
by the Board of Trustees from time to time.
C.Â
Licenses shall be issued after submission of a properly completed application and payment of the required fee, such license to be effective on the date specified in such license or, if no such date appears, on July 1 of the year issued, and such license shall expire on June 30 of each calendar year unless sooner revoked or suspended. The annual fee for a carter's license pursuant to this article shall be as provided in Chapter 125, Fees and Deposits.
D.Â
Acceptance of a license issued under this article
shall be deemed a contract by the holder thereof to adhere to and
abide by the provisions of this article. In the event that the carter
who is the holder of a license shall be in breach of such contract,
in addition to all other remedies provided for herein, the Village
shall be entitled to all remedies permissible at law or in equity.
A.Â
Any license issued hereunder may be suspended or revoked
by the Board of Trustees after a public hearing upon notice to the
holder of a license sent to the address appearing on the license application.
B.Â
The Board of Trustees, in its absolute discretion,
is empowered to suspend or revoke a license if the licensee:
(1)Â
Is convicted of any crime;
(2)Â
Is convicted of any violation of any provision of
this article, as now constituted or hereinafter amended, or of any
rule, regulation or order adopted pursuant to this article;
(3)Â
Is convicted of any violation of any of the Village
local laws or the laws, rules, regulations or administrative orders
promulgated by any governmental authority having jurisdiction or the
governing body of the disposal site;
(4)Â
Is found by the Board of Trustees to have made a false
statement or misrepresentation in its application for a license issued
pursuant to this article; or
(5)Â
Is barred or prevented from utilizing the disposal
site designated by the Village as being the applicable disposal site
for delivery of the solid waste collected by it from within the Village.
A.Â
A hearing by the Board of Trustees to revoke or suspend
a license shall be held on a date at the Village Hall as designated
by the Board of Trustees in its sole discretion.
B.Â
Written notice of any hearing to be held by the Board
of Trustees for the revocation or suspension of a license issued pursuant
to this article shall be given to the licensee either in person or
by certified mail addressed to the address for said licensee appearing
on the application for a license. Written notice shall be given not
less than 10 days prior to the hearing date, such notice to be effective
the date such notice is mailed.
C.Â
The findings of the Board of Trustees at the hearing
shall determine whether there are sufficient grounds for suspending
or revoking a license, and the decision of the Board of Trustees shall
be final, binding and conclusive.
The Board of Trustees shall have the power by
resolution to adopt such rules, regulations and orders as may be necessary
to effectuate the purposes of this article and aid in its enforcement,
including, without limitation, designating a person or persons by
resolution to investigate possible violations of this article.
A.Â
The Board of Trustees may commence actions to enjoin
violations of this article.
B.Â
Any person who shall fail to comply with or violate any of the applicable provisions of this article shall be deemed to have committed an offense against this article. Any person committing an offense against any of the provisions of this article shall, upon conviction thereof, be guilty of a violation punishable as provided in Chapter 1, Article I of this Code for each separate and distinct violation. The Building Official and Superintendent of Public Works of the Village are hereby authorized to enforce the provisions of this article. The Board of Trustees may, by resolution, authorize and empower such other persons as it deems necessary or advisable to enforce the provisions of this article.[1]
