A.
The Board finds that it is in the best interest of the Town of North Hempstead to make amendments to Chapter 46, entitled "Sanitation," in order to conform the existing Code with the recent U.S. Supreme Court decision that upheld the constitutionality of a local government's authority to direct solid waste to a designated publicly owned facility, and to provide for more effective enforcement of the Town's existing solid waste management laws. The intent and purpose of Article II of this chapter is to provide for the management of all Solid Waste generated within the Town of North Hempstead and municipalities located therein and to authorize the supervision and regulation of the collection, transportation and disposition of all or part of any Acceptable Waste and Recyclables generated within such Town and municipalities so that the same is delivered to publicly owned Solid Waste Management Facilities or such other publicly owned disposal facilities as may be designated by the Town for processing or for other disposition or handling.
B.
The management of Solid Waste is the inherent responsibility of local
government, whose authority in this area is derived from its police
powers. Town-wide collection and disposition of municipal Solid Waste,
more commonly referred to as "flow control," allows for more effective
and environmentally responsible waste planning and management and
more effective implementation of the Town's integrated Solid Waste
management plan. Flow control will serve important environmental and
public health and safety objectives.
C.
The powers and duties enumerated in Article II of this chapter constitute proper Town purposes intended to benefit the health, welfare and safety of Town Residents. It is hereby found that, in the exercise of control over the collection, transportation and disposition of Solid Waste on a Town-wide basis, the Town is exercising essential and proper governmental functions.
The Town Board hereby designates the Commissioner to be responsible
for the supervision and regulation of the collection, transportation
and disposition of all Acceptable Waste which was originated, generated
or located within the Town and the municipalities therein. In undertaking
such responsibilities, the Commissioner shall act pursuant to the
standards established in this chapter.
A.
Requirements for Preparation, Collection, and Disposal of Residential
Acceptable Waste. ("Collector," as used in this section, shall include
Villages with Village-owned or -leased and -operated sanitation vehicles.)
[Amended 4-6-2010 by L.L. No. 2-2010]
(1)
In order to provide for public health and safety, each Resident shall
provide for the separation of Acceptable Waste from all other types
of waste and shall provide for the placement of such Acceptable Waste
into a suitable container at Curbside for collection by a Collector.
(2)
All Acceptable Waste placed at Curbside for collection by a Collector
must be delivered to a publicly owned Solid Waste Management Facility
designated by the Commissioner.
(3)
All Bulky Scrap Metals must be separately placed at Curbside for
collection by a Collector. Such Bulky Scrap Metals must be delivered
to a publicly owned Solid Waste Management Facility designated by
the Commissioner.
B.
Requirements for Preparation, Collection and Disposal of Residential
Recyclables.
(1)
Pursuant to § 46-11.1 of this chapter, Residents shall separate their Recyclables from all other types of waste and shall provide for the placement of such separated Recyclables into separate containers.
(2)
All Recyclables placed at Curbside for collection must be delivered
to a publicly owned Solid Waste Management Facility designated by
the Commissioner.
[Amended 4-6-2010 by L.L. No. 2-2010]
(3)
All Recyclables prepared in accordance with § 46-11.2 of this chapter and placed at Curbside for collection must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
(4)
No Collector may commingle source-separated Recyclables with Acceptable
Waste placed at Curbside.
[Added 10-21-2021 by L.L. No. 20-2021]
C.
Requirements for Preparation, Collection and Disposal of Residential
Yard Waste.
(1)
In order to provide for public health and safety, Residents shall prepare Yard Waste for collection in accordance with § 46-11.1 of this chapter.
(2)
All Yard Waste placed at Curbside for collection must be delivered
to a publicly owned Solid Waste Management Facility designated by
the Commissioner.
[Amended 4-6-2010 by L.L. No. 2-2010]
(3)
This section shall not prohibit private, noncommercial composting
of Yard Waste or mulching of leaves, grass clippings and cuttings.
(4)
No Collector may commingle Yard Waste with Acceptable Waste placed
at Curbside.
[Added 10-21-2021 by L.L. No. 20-2021]
D.
Requirements for Preparation, Collection and Disposal of Construction
and Demolition Debris.
(1)
In order to provide for public health and safety, all Construction
and Demolition Debris that has been placed into a Dumpster Container
or other suitable container for collection by a Collector or otherwise
collected by a Collector must be delivered to a publicly owned Solid
Waste Management Facility designated by the Commissioner.
(2)
In order to facilitate the conservation of vital, natural resources
through recycling, each Person shall separate his or her Construction
and Demolition Debris from all other types of waste and shall provide
for the placement of such separated Construction and Demolition Debris
into a Dumpster Container or other separate suitable containers.
[Amended 4-6-2010 by L.L. No. 2-2010]
(3)
Construction and Demolition Debris generated by any person or entity
during a construction, demolition, improvement, renovation or repair
project on any property within the Town must be placed in a Dumpster
Container, may not be left at Curbside for collection and must be
delivered by the person or entity generating such Construction or
Demolition Debris to a publicly owned Solid Waste Management Facility
designated by the Commissioner. Notwithstanding the previous sentence,
a resident performing a construction, demolition, improvement, renovation
or repair project at their residence on their own and without the
use of a contractor may place at Curbside for collection any Construction
and Demolition Debris created by the resident performing the project.
[Added 10-21-2021 by L.L. No. 20-2021]
E.
Requirements for Preparation, Collection and Disposal of Commercial
Waste.
[Amended 4-6-2010 by L.L. No. 2-2010]
(1)
In order to provide for public health and safety, each Commercial
entity that generates Commercial Waste shall provide for the separation
of such waste into its recyclable and nonrecyclable components and
shall provide for the placement of such waste into a Dumpster Container
or other suitable container and place such container at Curbside for
collection by a Collector.
(2)
All such Commercial Waste placed at Curbside for collection by a
Collector must be delivered to a publicly owned Solid Waste Management
Facility designated by the Commissioner.
(3)
All Bulky Scrap Metals must be separately placed at Curbside for
collection by a Collector. Such Bulky Scrap Metals must be delivered
to a publicly owned Solid Waste Management Facility designated by
the Commissioner.
[Amended 10-21-2021 by L.L. No. 20-2021]
(4)
Commercial Waste collected and disposed of by the generator of the
Commercial Waste must deliver such Commercial Waste to a publicly
owned Solid Waste Management Facility designated by the Commissioner.
[Added 10-21-2021 by L.L. No. 20-2021]
F.
Requirements for Preparation, Collection and Disposal of Commercial
Recyclables.
(1)
In order to provide for public health and safety, each Commercial entity shall prepare Recyclables for collection in accordance with § 46-11.3 of this chapter.
(2)
All Recyclables placed at Curbside for collection must be delivered
to a publicly owned Solid Waste Management Facility designated by
the Commissioner.
[Amended 4-6-2010 by L.L. No. 2-2010]
(3)
The provisions of this section shall not apply to any Commercial
entity having in place a recycling program approved by the Department.
[Amended 10-21-2021 by L.L. No. 20-2021]
G.
Prohibition Against Unauthorized Dumping and Scavenging.
(1)
It shall be a violation of this chapter for any Person to place for
the purpose of collection Solid Waste, Recyclables or Yard Waste at
a property other than the property generating said material.
(2)
It shall be a violation of this chapter for any Person to place Solid
Waste, Recyclables or Yard Waste in Dumpster Containers and/or containers
designated for Solid Waste use by Commercial and/or industrial establishments.
(3)
It shall be a violation of this chapter for any Person to dump and/or
bury Solid Waste on public or private property, unless authorized
by the applicable municipality.
[Amended 10-21-2021 by L.L. No. 20-2021]
(4)
It shall be a violation of this chapter for any Person to throw,
dump, deposit or place Solid Waste, Recyclables and/or Yard Waste
along the roadside or on public and/or private property within the
Town.
(5)
It shall be a violation of this chapter for any Person to cause to
be thrown, dumped, deposited or placed Solid Waste, Recyclables or
Yard Waste along any public or private road or on lands bordering
such roads.
(6)
It shall be a violation of this chapter for any Person to burn, break,
destroy, scatter, scavenge, collect or take any Recyclables without
the consent of the owner of such materials.
H.
No Person holding or required to hold a license pursuant to § 46-4 of this chapter shall deposit, deliver, store or process any Acceptable Waste or Recyclables which were generated or originated within the Town other than at a publicly owned Solid Waste Management Facility designated by the Commissioner.
I.
Except as may be provided by the Commissioner and except as provided elsewhere herein, no Person required to hold a license pursuant to § 46-4 of this chapter, other than a municipality, may collect any Acceptable Waste or Recyclables within the Town, including the municipalities located wholly or in part therein, without such a license.
J.
Except as may be provided by the Commissioner and except as provided elsewhere herein, no Person required to hold a license pursuant to § 46-4 of this chapter, other than any Person acting pursuant to a contract with the Town for transportation of Acceptable Waste, Yard Waste and Recyclables from the North Hempstead Transfer Station to another disposal location, may dispose of any Acceptable Waste within the Town, including municipalities located wholly or in part therein, without such a license.
[Amended 10-21-2021 by L.L. No. 20-2021]
K.
Nothing contained in this chapter shall be deemed or interpreted
to prohibit any municipality located wholly or in part within the
Town from itself engaging in the collection or transportation of Acceptable
Waste which was originated, generated or located within such municipality;
provided, however, that all Acceptable Waste so collected and transported
shall be disposed of only at a publicly owned Solid Waste Management
Facility designated by the Commissioner.
L.
Nothing contained in this chapter shall be deemed or interpreted
to prohibit the Town, or municipalities located wholly or in part
therein, from adopting or implementing programs to reduce the volume
of Solid Waste, including composting and recycling programs.
M.
Nothing contained in this chapter shall be deemed or interpreted
to exempt any Person from any other applicable permitting or licensing
requirements or rules or regulations, not inconsistent with this chapter,
of the Town, municipalities within the Town or any other governmental
entity.
N.
Except as may be provided by the Commissioner, no Person shall enter into a contract for collection or disposal of Acceptable Waste located within the Town, including municipalities located wholly or in part therein, with a Person required to be licensed pursuant to § 46-4 of this chapter unless such Person holds such a license.
O.
No Person, other than the Town or a Person acting pursuant to an
agreement with the Town for transportation of Acceptable Waste, Yard
Waste and Recyclables from the North Hempstead Transfer Station to
another disposal location, disposing of Acceptable Waste at any Solid
Waste Management Facility located within the Town shall have any interest
in recovered materials or energy derived from such Acceptable Waste
so disposed.
[Amended 10-21-2021 by L.L. No. 20-2021]
P.
Except as provided by the Commissioner, any Acceptable Waste which
was generated, originated or collected outside of the Town may not
be deposited or disposed of at any Solid Waste Management Facility
located within the Town.
Q.
Nothing contained in this chapter shall prevent the Town or any Person
acting pursuant to any agreement with the Town for transportation
of Acceptable Waste, Yard Waste and Recyclables from the North Hempstead
Transfer Station to another disposal location from delivering and/or
disposing of Acceptable Waste or Recyclables that were generated or
originated within the Town outside the territorial limits of the Town.
[Amended 10-21-2021 by L.L. No. 20-2021]
R.
It shall be a violation of this chapter for any Person to place at
Curbside for collection any appliance containing freon, where such
appliance has been crushed or otherwise handled in a manner that allows
freon to escape into the atmosphere.
[Amended 4-6-2010 by L.L. No. 2-2010]
A.
Requirements for Collection, Disposal and Transportation of Pollutants,
inclusive of Pharmaceutical Drugs.
(1)
In order to provide for public health and safety, the Town may
coordinate Pollutant-collection programs for its Residents at designated
locations throughout the Town.
(2)
Upon the receipt of any Pharmaceutical Drugs, the Town may use
pharmacists to appropriately sort the medication.
[Amended 4-6-2010 by L.L. No. 2-2010]
(3)
The Town shall provide for the proper disposal and transportation
of Pollutants, as defined herein, collected through Pollutant-collection
programs pursuant to applicable laws.
B.
In connection with the Pollutant-collection programs, peace officers
are authorized to assist in the Collection, Disposal and Transportation
of the Pollutants.
(1)
Peace officers shall be given the authority to:
(a)
Take Pollutants from the public;
(b)
Immediately contain leaking containers;
(c)
Measure and/or weigh Pollutants;
(d)
Place Pollutants in appropriate disposal drums or specified
containers;
(e)
Log waste identification information pursuant to the Resource
Conservation and Recovery Act (RCRA) and complete paperwork thereto;
(f)
Label disposal drums;
(g)
Load drums into vehicles for transportation;
(h)
Properly dispose of all Pollutants collected according to law;
(i)
Provide a properly completed claim form listing quantities,
description and unit prices; and
(j)
Provide the name and location of the ultimate disposal facilities
actually utilized for the Pollutants accepted.
(2)
Any Controlled Substance(s) received through any Pollutant-collection
program shall be under the sole possession and control of the peace
officer present at the program. The peace officer shall immediately
deliver all Controlled Substance(s) collected to local law enforcement
equipped to accept and properly dispose of the Controlled Substance(s).
(3)
When illicitly manufactured Controlled Substances are presented
for disposal at a Pollutant-collection program, the peace officer
will immediately contact local law enforcement to investigate and
confiscate the illicit drugs. The peace officer shall cooperate with
law enforcement in connection with any investigation and/or prosecution
related thereto.
[Added 10-21-2021 by L.L. No. 20-2021]
For purposes of any provision of this chapter regarding the licensing of Dumpster Containers, Debris Bags shall not be considered Dumpster Containers and shall not be required to be permitted by the Town. However, any Collector that collects a Debris Bag from any location in the Town for the purpose of disposal must obtain a license from the Town in accordance with § 46-4 of this chapter and shall be required to deliver the Debris Bag and the contents thereof to a publicly owned Solid Waste Management Facility designated by the Commissioner.
It is hereby declared the policy of the Town to reduce the volume
of Solid Waste generated within the Town.
A.
Every contract for the collection of Solid Waste, including Acceptable Waste which was generated, originated or located within the Town, including municipalities located wholly or in part therein but excluding the Incorporated Village of Floral Park, entered into, renegotiated or renewed after the effective date of this chapter, between any Person required to be licensed pursuant to § 46-4 of this chapter and any other Person located in whole or in part within the Town, shall provide that such licensed Person shall comply, in all respects and at all times during the term of such contract, with the provisions of this chapter and any rules and regulations hereunder, including, without limitation, those provisions requiring that all Acceptable Waste collected pursuant to such contract be delivered to a Solid Waste Management Facility designated by the Commissioner. The Town shall be deemed a third party beneficiary of such contractual undertaking. Copies of those provisions of such contract purporting to comply with the requirements of this § 46-16 shall be submitted to the Commissioner not less than 10 days prior to the execution of such contract.
B.
No renewal of any existing contract upon the expiration of its original
term and no new contract for the collection, transportation, processing
or purchase of Solid Waste or Recyclables shall be entered into after
the effective date of this chapter unless the contract or renewal
conforms to the requirements of this chapter.
[Amended 10-21-2021 by L.L. No. 20-2021]
No Hazardous Waste or Unacceptable Waste shall be delivered
by any Person to a Solid Waste Management Facility owned by the Town
or any other Town disposal facility.
Pursuant to Chapter 544 of the Laws of 1983 of the State of
New York, this chapter takes precedence over and shall supersede any
inconsistent provisions of any local law enacted by any municipality
within the Town.
If any provision of this chapter or the rules and regulations
promulgated hereunder or any directive, order or instruction given
by anyone authorized to enforce this chapter shall be adjudged to
be invalid by any court of competent jurisdiction, such judgment shall
not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the particular provision, rule or
regulation involved. All provisions of any other local law or ordinance
that are inconsistent with this chapter are repealed.
The Commissioner shall cause to be drawn up an implementation
schedule or schedules which shall list all portions of this chapter
which remain to be implemented. Such schedule or schedules shall be
mailed by certified mail, return receipt requested, to the Town Board
and to each municipality, addressed to the clerk of each such body.
Said schedule or schedules shall be effective upon the date of such
mailing.
