This chapter shall be known as and may be cited as "Solid Waste
Management Law of the Town of Smithtown."
It is hereby found that in the exercise of sound management
and the supervision and control over the storage, collection, transportation,
processing and disposal of solid wastes, the Town of Smithtown is
exercising a central and proper governmental function in accordance
with the express policy of the State of New York and that the powers
and duties enumerated herein constitute proper Town purposes to benefit
the health, safety and general welfare of the Town of Smithtown and
its residents. Therefore, pursuant to the Town Law, General Municipal
Law and the Municipal Home Rule Law of the State of New York for the
purpose of providing on a townwide basis for the management, supervision
and control of the collection, transportation, processing and disposal
of all solid waste generated or existing within the Town of Smithtown,
including without limitation the power to require the segregation
of wastes and to require the delivery of solid waste to such solid
waste management facility as may be designated by the Town Board from
time to time, the Town Board of the Town of Smithtown does hereby
adopt this chapter to promote the health, safety and general welfare
of the Town of Smithtown.
The provisions of this chapter shall apply to residential and
commercial solid waste and the collection thereof. In the event that
any conflict between the provisions of this chapter and a contract
by and between a carter and the Town of Smithtown exists, the conflicting
provision of the contract shall prevail.
[Amended 12-9-1991 by L.L. No. 12-1991; 12-21-1993 by L.L.No.
11-1993; 1-10-1995 by L.L. No. 1-1995]
As used in this chapter, the following terms shall have the
meanings indicated:
Only solid waste acceptable at specific Town-designated facilities,
including but not limited to garbage, trash, rubbish, refuse, construction
and demolition materials and yard waste that are normally disposed
of by and collected from residential, commercial, industrial, governmental
or community facilities or institutional establishments, except that
acceptable wastes shall not include unacceptable waste and recyclables.
The combustion residue from the burning of combustible substances,
such as wood, coal, ash and papers, as well as refuse from fires to
structures and glass, crockery, sweepings, dust, brick, metal and
other inorganic material.
Nonputrescible items and materials, which include large items
of building rubble and tree stumps not exceeding 40 pounds in weight,
but not including household bulk items.
Material consisting of concrete, steel, wood, sand, dirt,
soil, glass, construction and demolition debris and other recognizable
inert material.
To pick up, collect, remove, load or otherwise perform the
collection of solid waste, acceptable wastes, unacceptable wastes
or hazardous waste. The picking up, collection, removal, loading or
transporting upon or across roads within the Town of Smithtown of
solid wastes, acceptable wastes, unacceptable wastes or hazardous
wastes shall constitute prima facie evidence of operating, engaging
in, conducting or causing the operation of or engaging in the business
of or a business engaged in the collection or disposal of solid waste.
Includes but is not limited to airports, heliports, bus passenger
shelters, cemeteries, churches or similar places of worship, parish
houses or convents, day camps, day-care centers, golf courses, country
clubs, hospitals, nursing homes, convalescent homes or rest homes,
horsemanship schools, stables for the boarding, sale and/or training
of horses, membership clubs, nursery schools, parks, playgrounds or
recreational areas or facilities operated by a municipality, public
libraries, museums, public passenger transportation stations or terminals,
public utility facilities, schools of whatever kind or nature which
are accredited by the New York State Education Department and swimming
or boating clubs.
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads
and uncontaminated solid waste resulting from land clearing. Such
waste includes but is not limited to bricks, concrete and other masonry
materials, soil, rock, wood (including painted, treated and coated
wood and wood products), land clearing debris, wall coverings, plaster,
drywall, plumbing fixtures, nonasbestos insulation, roofing shingles
and other roof coverings, asphaltic pavement, glass, plastics that
are not sealed in a manner that conceals other wastes, empty buckets
10 gallons or less in size and having no more than one inch of residue
remaining on the bottom, electrical wiring and components containing
no hazardous liquids and pipe and metals that are incidental to any
of the above. Solid waste that is not C & D debris (even if resulting
from the construction, remodeling, repair and demolition of utilities,
structures and roads and land clearing) includes but is not limited
to asbestos waste, garbage, corrugated container board, electrical
fixtures containing hazardous liquids such as fluorescent light ballasts
or transformers, fluorescent lights, carpeting, furniture, appliances,
tires, drums, containers greater than 10 gallons in size, any containers
having more than one inch of residue remaining on the bottom and fuel
tanks. Specifically excluded from the definition of "construction
and demolition debris" is solid waste (including what otherwise would
be "construction and demolition debris") resulting from any processing
technique, other than that employed at a New York State Department
of Environmental Conservation (NYSDEC) approved C & D debris processing
facility, that renders individual waste components unrecognizable,
such as pulverizing or shredding. Also, waste contained in an illegal
disposal site may be considered C & D debris if the New York State
Department of Environmental Conservation determines that such waste
is similar in nature and content to C & D debris.
An empirical multiplier applied to those accounts serviced
by mechanical compactor-type containers. The purpose of this factor
is to equate the yards of compacted material to yards of noncompacted
material. The compaction factor for loose and noncompacted material
shall be as determined by the Town of Smithtown Solid Waste Coordinator.
[Added 6-10-1997 by L.L. No. 3-1997]
Any receptacle from which or in which solid waste is collected
by commercial waste collectors. Such containers shall include but
not be limited to front, side and rear load dumpsters, roll-off boxes,
transfer trailers, compactors, refuse cubicles, garbage cans, barrels
and trash bags.
[Added 6-10-1997 by L.L. No. 3-1997]
One cubic yard of solid waste container capacity.
[Added 6-10-1997 by L.L. No. 3-1997]
A unit equal to one container yard.
[Added 6-10-1997 by L.L. No. 3-1997]
That rate, per disposal service unit, utilized in calculating
nonresidential disposal fees.
[Added 6-10-1997 by L.L. No. 3-1997]
A solid waste storage or collection container which is designed
to be emptied by tipping or lifting into a garbage truck or container
by use of mechanical arms or pulleys on the truck or container.
A chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion and which
contains any oxidizing and combustive units or other ingredients in
such proportions, quantities or packing that an ignition by fire,
by friction, by concussion, by percussion or by detonator of any part
of the compound or mixture may cause such a sudden generation of highly
heated gases that the resultant gaseous pressures are capable of producing
destructive effects on contiguous objects or of destroying life, limb
or property.
Putrescible solid waste which includes offal, filth, dead
animals, refuse, animal or vegetable matter, wastepapers, household
refuse or other waste incident to and resulting from the use, preparation,
cooking and consumption of food.
Green lawn clippings.
Pathological, biological, septic, cesspool or other human
wastes, human and animal remains, radioactive and toxic waste and
other wastes which, according to any applicable law from time to time
in effect, are defined or classified as hazardous or as requiring
special handling in their collection, storage, treatment or disposal,
including those described in 40 CFR 261.3 promulgated by the United
States Environmental Protection Agency pursuant to the Resource Conservation
Recovery Act of 1976, 90 Stat. 2806, 42 U.S.C. § 6901, such
as, without limitation, cleaning fluids, crankcase oils, cutting oils,
paints, acids, caustic poisons, drugs and refuse of similar nature.
An individual or member of an unincorporated association
or partnership or an officer of a corporation or any other agent,
servant, employee, spouse, child or in-law in a position of comparable
authority with respect to the formulation of a policy of the unincorporated
association partnership or corporation or the supervisor in the managerial
capacity of subordinate employees.
Nonputrescible items and materials which include household
appliances, which are commonly found within the confines of a residential
home, which include such items as but not limited to refrigerators,
dishwashers, washing machines, dryers, compactors and hot-water heaters;
furniture, such as but not limited to couches, chairs, love seats,
tables, bookshelves; and rugs and carpeting. "Household bulk items"
shall not be deemed to include material or debris generated as a result
of household renovation or alteration projects, as well as radiators,
windows, construction lumber or material.
The liquid and waste solids contained in subsurface sewerage
disposal systems and appurtenances, waste, sludge generated at sewerage
treatment plants, wastewater from laundry operations, industrial wastewater
and material which requires a State Pollutant Discharge Elimination
System (SPDES) permit.
All solid waste which is deposited in any location other
than a container or device used for the collection or storage of solid
waste.
All commercial, industrial, institutional and multifamily
operations or establishments which generate low-density solid waste
as determined by the Solid Waste Coordinator of the Town of Smithtown.
[Added 5-12-1998 by L.L. No. 4-1998]
Includes but is not limited to the following: hypodermic
needles, intravenous tubing with or without the needles attached,
syringes, test tubes, blood samples, pipettes, lances, scalpels, smears,
blood gauze wraps, pathological waste, human blood, cultures, human
body parts or tissues and/or any material defined as medical waste
in the Federal Medical Waste Tracking Act of 1988 (42 U.S.C. § 6992
et seq.).
All commercial, industrial, institutional and multifamily
operations or establishments that generate minimal amounts of solid
waste as determined by the Solid Waste Coordinator of the Town of
Smithtown, which waste is commonly disposed of utilizing containers
such as plastic bags, bundles, boxes, paper bags, garbage pails or
other means, excluding dumpsters or rolloff containers.
[Added 5-12-1998 by L.L. No. 4-1998]
A publication made of newsprint but shall not be construed
to mean magazines, periodicals or other paper products of any nature
whatsoever.
All commercial, industrial, institutional and multifamily
operations or establishments, whether totally or partially occupied,
or any other use which results in the generation of solid waste or
wherein commercial solid waste is being or is capable of being generated.
This term shall exclude all dwellings as served by the Town of Smithtown's
Residential Collection Districts.
[Added 6-10-1997 by L.L. No. 3-1997]
Irregular and infrequent collection service of commercial,
industrial, institutional and multifamily operations or establishments
as determined by the Town of Smithtown Solid Waste Coordinator.
[Added 5-12-1998 by L.L. No. 4-1998]
Any individual, corporation, department, bureau or other
entity duly authorized by the Town Board of the Town of Smithtown
to manage, operate or run a designated solid waste management facility
and who or which has the authority and knowledge to make and implement
decisions regarding operating conditions at the facility.
Any dumpster or roll-off located pursuant to an approved
site plan.
Includes any person or corporation, including the officers,
directors, stockholders and trustees thereof, copartnership, unincorporated
associations or owner or owners, mortgagee or vendee in possession,
assignee of rents, receiver, executor, trustee, lessee or agent directly
or indirectly in control of a building within the confines of the
Town, as defined herein.
Solid waste that exhibits the potential to be used repeatedly
in place of a virgin material, and shall include the following:
The mass burn solid waste disposal resource recovery and
energy-generating facility in the Town of Huntington which is jointly
used by the Town of Smithtown pursuant to a municipal cooperation
agreement dated December 19, 1989, by and between the towns as amended
from time to time.
Any garbage collection vehicle or device in which the container
portion is not covered by a permanently affixed nonopening cover and
in which the container portion can be removed from the chassis to
facilitate either dumping or loading.
Service of providing solid waste containers for the collection
of solid waste.
The actual monthly container yards serviced by a licensed
commercial hauler. Serviced container yards shall be computed by using
the following formula:
|
N x Y x CF x WCF x 4.33 = Serviced Container Yards (SCY) per
month
| |||
|
Where:
| |||
|
N
|
=
|
Number of containers.
| |
|
Y
|
=
|
Container size in cubic yards [Fractional yards shall be rounded
to the nearest 0.25 (25/100) yard.]
| |
|
CF
|
=
|
Compaction factor.
| |
|
WCF
|
=
|
Weekly collection frequency.
| |
|
4.33
|
=
|
Monthly conversion factor.
| |
|
SCY
|
=
|
Serviced container yards.
| |
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including but without limitation
garbage, refuse, litter, rubbish, industrial waste, commercial waste,
sludge, ashes, contained gaseous material, incinerator residue, construction
and demolition debris, landscaping debris, grass, leaves, brush, discarded
automobiles and offal, but not including solid or dissolved material
and domestic sewerage or substances and materials in noncontainerized
gaseous form. Recyclables or recycling material are also "solid waste"
within the meaning of this chapter.
A solid waste storage and collection container of two cubic
yards or greater in capacity which is designed to be emptied by a
forklift or a forklift truck or any other device which can move, lift
or transport such container.
The Municipal Services Facility on Old Northport Road in
the Town of Smithtown, the mass burn solid waste disposal resource
recovery and energy-generating facility in the Town of Huntington
which is to be jointly used by the Town of Smithtown and the Town
of Huntington, together known as the "towns," pursuant to a municipal
cooperation agreement dated December 19, 1989, by and between the
towns and any other similar facility, plant, work system, building,
structure, improvement, machinery, equipment, fixture or other real
or personal property which is to be used, occupied or employed for
the receiving, transporting, storage, processing or disposal of solid
waste or the recovery by any means of any material or energy product
or resource therefrom, including but not limited to recycling centers,
transfer stations, baling facilities, rail hall or maritime facilities,
processing systems, sanitary landfills, resource recovery facilities,
steam- and electric-generating and transmission facilities, including
auxiliary facilities to supplement or temporarily replace such facilities,
and facilities for compacting, composting or pyrolyzation of solid
wastes, incinerators and other solid waste disposal reduction or conversion
facilities and resource recovery equipment and disposal equipment,
as defined in Subdivisions 4 and 5 of § 51-0903 of the Environmental
Conservation Law of the State of New York, as the same may be amended
from time to time.
The segregation or separation of recyclables from the solid
waste stream for separate collection, sale or other disposition at
the point of origin.
The containment of any solid waste such that it does not
constitute disposal of that waste.
Any dumpster or roll off, other than a permanent dumpster
or roll off.
All areas within the jurisdictional and corporate boundaries
of the Town of Smithtown, inclusive of any incorporated village.
The Town Clerk of the Town of Smithtown.
Material which is likely to cause damage to or adversely
effect the operation of any facility designated by the Town pursuant
to this chapter or which may constitute a threat to health or safety
or which the acceptance of may cause a violation of law or permit
condition applicable to any Town-designated facility. Such unacceptable
waste includes but is not limited to explosives (dynamite, hand grenades,
blasting caps, ordnance, fireworks, etc.), liquid wastes (gasoline,
kerosene, turpentine, ether, naphtha, acetate, propane, butane, paints,
alcohol, acids, caustics, sewage or process wastewaters, leachate,
cesspool wastes and all inflammable or volatile liquids), offal, tar-sealed
drums, pressurized containers, propane tanks, tires, hazardous waste
(as defined under federal, state and/or local laws and regulations),
pathological waste, infectious waste, radioactive waste, human remains,
animal remains and toxic waste.
All major household kitchen appliances, to include washing
machines, dryers, stoves, refrigerators, freezers, dishwashers and
home garbage compactors.
Includes leaves, brush and grass, and can be generalized
into the following major components: grass, organic yard/garden cleanup
material, leaves, brush, branches, thatch, tangled brush piles, vines,
plant trimmings, dead trees and logs, trees with limbs and tops intact,
stumps and root debris.
[Amended 12-19-1991 by L.L. No. 12-1991; 12-21-1993 by L.L. No.
11-1993]
A.
It shall be unlawful for any person in the Town of Smithtown to engage
in the business of storing, collecting, carting or transporting, segregating
or sorting solid waste or recyclables of any kind or nature from or
on the premises of any person or providing roll-off, dumpster, shopbox,
compactor or open container service within the Town of Smithtown without
first having secured a license from the Town Clerk.
B.
In the event that any dumpster, roll-off, shopbox or compactor is
located within the borders of the Town of Smithtown, said dumpster,
roll-off, shopbox or compactor shall be required to be permitted pursuant
to the provisions of this chapter, and said dumpster, roll-off, shopbox
or compactor shall have affixed to it the carter's name, phone number
and license number properly affixed thereto.
C.
It shall be unlawful for any person to allow or permit an unlicensed
dumpster, roll-off or compactor on their premises, and allowing such
shall constitute a violation of this chapter.
[Amended 9-7-1993 by L.L. No. 7-1993; 12-21-1993 by L.L. No.
11-1993; 4-5-1994 by L.L. No. 4-1994; 7-22-2003; 10-6-2009 by L.L. No.
5-2009]
A.
In order to obtain a license to collect, store, cart, transport,
segregate or sort or provide roll-off or open container service for
solid waste in the Town of Smithtown, a verified application shall
be made to the Department of Public Safety setting forth the following
information:
(1)
The name and residence address of the applicant. If the applicant
is a corporation, partnership or other business entity, the applicant
shall also provide the name and address thereof and the names and
residence addresses for all principals, officers, directors, partners
and members.
(2)
The residence and business addresses of the applicant during the
past five years. If the applicant is a corporation, partnership or
other business entity, the applicant shall also provide the business
and residence addresses for all principals, officers, directors, partners
and members.
(3)
The applicant's business(es) for the past five years. If the applicant
is a corporation, partnership or other business entity, the applicant
shall also provide the business(es) for all principals, officers,
directors, partners and members for the past five years.
(4)
If employed by the owner of a licensed vehicle, the name and address
of such employer, together with credentials establishing the exact
relationship.
(5)
If for a vehicle license, a description of the vehicle, together
with the license number or other means of identification, including
a copy of vehicle registration and insurance card.
(6)
The applicant shall provide a New York State sales tax number.
(7)
Individual photographs (three of each principal, each two inches
by two inches).
(8)
The applicant shall furnish the Department of Public Safety with
a full set of the applicant's fingerprints.
(a)
The applicant shall be charged a fee of $140, which fee shall
include the cost for a full search and retain from the Division of
Criminal Justice Service. Said fee shall be collected by the Town
of Smithtown.
[Amended 12-17-2009 by L.L. No. 6-2009]
(b)
The Department of Public Safety shall take the applicant's fingerprints
and forward said prints to the Division of Criminal Justice Service
for a complete criminal background and investigation upon receipt
of the appropriate fee.
(c)
The Director of the Department of Public Safety shall review
all information provided by the Division of Criminal Justice Service
in connection with the applicant's criminal background and investigation.
(9)
If the applicant is a corporation, partnership or other business
entity, the applicant shall furnish the name, address, and date of
birth of each and every principal, officer, director, partner, and
member, as well as the percent of ownership interest of each such
person, and an affidavit from each such person describing his or her
duties and responsibilities.
(10)
The applicant shall provide a record of a prior conviction or
convictions of any crime for which the applicant plead or was found
guilty. If the applicant is a corporation, partnership or other business
entity, it shall also provide a record of a prior conviction or convictions
of any crime for which it plead or was found guilty.
(11)
The applicant shall provide a list of any and all pending lawsuits
to which it is a party and an explanation of each pending lawsuit,
including any civil, criminal or administrative proceeding.
(12)
The applicant shall provide any other information or documentation
required by the Town Clerk and/or Department of Public Safety for
the purpose of implementing the intent of this chapter.
B.
All applications and documentation shall be submitted to the Department
of Public Safety by December 31 of each year preceding the year for
which the applicant seeks a license and/or permit. Upon receipt of
any such application and documentation, the Department of Public Safety
shall review same and shall verify the truth and accuracy of said
application and documentation. The Department of Public Safety, in
order to establish the truth or accuracy of the information contained
in the application, may request any information pertinent to the processing
of said application and may, as necessary, request any additional
information during the application process and for the entire term
of said permit. If the Department of Public Safety cannot confirm
the truth or accuracy of said material contained in the application;
or if it determines that a material misrepresentation is contained
therein; or if the applicant shall have been convicted of a misdemeanor
or felony which is determined to render the applicant unfit to carry
on the aforesaid operation; provided, however, that proper consideration
is given to New York State Correction Law §§ 701 through
703-b and §§ 751 through 753 in making any such determination;
or if it determines the applicant to be unfit or incapable of properly
conducting the aforesaid operation, it shall issue a report to the
Town Clerk, who shall deny said application. The Town Clerk shall
notify the applicant within 30 days after receipt of a completed application
as to whether the application shall be approved or denied. If the
application is denied and the applicant has been operating with in
the Town prior to the denial, then the applicant shall discontinue
all operations within the Town of Smithtown within 15 days of such
notification. An applicant who is denied a permit hereunder may request
a review by the Town Board, which shall, upon such request, review
the basis for such denial and shall determine whether such denial
shall be affirmed or reversed.
C.
The Town Clerk shall keep a record of all licenses issued.
A.
As a condition to receiving a license pursuant to the provisions
of this chapter, each carter or applicant shall provide and maintain
at all times with the Town of Smithtown a cash deposit or bond in
the amount of:
[Amended 12-21-1993 by L.L. No. 11-1993]
(1)
Twenty-five thousand dollars if the carter or applicant has not been
previously licensed to cart in the Town of Smithtown; or
(2)
The greater amount of $25,000 or $75 multiplied by the highest monthly
tonnage disposed of in the Town of Smithtown for the previous 12 months
if the carter or applicant has experience or a track record legally
doing solid waste business in the Town of Smithtown for the 12 months
immediately preceding the date of application.
B.
The Town shall evaluate the amount of solid waste disposed of by
each carter or licensee every three months and recalculate the bond
or cash deposit to reflect an amount equal to the greater of $25,000
or 75 times the highest monthly tonnage disposed of during the 12
months immediately preceding the date of recalculation.
C.
The licensee shall be required to maintained at all times the cash
deposit or bond reflecting the correct amount as calculated by the
Town. If the cash deposit or bond is an amount different than the
recalculated amount or less than the required amount for whichever
reason, then the licensee shall appropriately adjust the bond or cash
deposit to reflect the recalculated or correct amount within seven
days after being so notified by the Town Comptroller.
D.
Said good faith bond or cash deposit shall be returned to the licensee
within 30 days after the Town Board has received knowledge of the
termination of the licensee or revocation of the license, less any
moneys due pursuant to the terms of this chapter. If said license
is revoked pursuant to the revocation provisions provided herein,
said good faith deposit shall be forfeited to the Town of Smithtown.
E.
If the nature of the commercial carter's business is limited to the
handling of only recyclables and no use of the Town-designated disposal
facility is required under this chapter, then said commercial good
faith bond or deposit shall not be required; and further
[Added 12-21-1993 by L.L. No. 11-1993]
(1)
The commercial carter will be required to submit a sworn statement
to the Town indicating that the nature of the commercial carter's
business is limited to the handling of only recyclables and that no
use of the Town-designated disposal facility is necessary; and
(2)
The commercial carter will be required to comply with all other applicable
provisions of this chapter.
Prior to a license being issued by the Town Clerk, each applicant
shall file with the Town Clerk proof of the following insurance coverage:
A.
Certificate of insurance.
B.
Workmen's compensation insurance.
C.
Disability benefits insurance.
D.
Public liability and property damage insurance. For public liability,
the minimum limits shall be $1,000,000 for any one accident subject
to a limit of $500,000 for any one person; and for damage to property
of others, the limits of coverage shall be $500,000 for all accidents,
subject to a limit of $250,000 for any one accident. The insurance
policy shall name the Town of Smithtown as additional insured. Said
policies of insurance as referenced in this section shall remain in
full force and effect for the duration of the license. In the event
that said license fails to renew any of said policies of insurance,
it shall form the basis for a revocation and/or denial of said license.
[Amended 12-21-1993 by L.L. No. 11-1993]
[Amended 12-19-1991 by L.L. No. 12-1991]
The license required to engage in the business of storing, collecting,
carting, transporting, segregating or sorting or providing roll-off
service or open container service for solid waste of any kind from
the premises of any person in the Town of Smithtown shall be issued
by the Town Clerk upon the payment of a fee of $750 for the first
vehicle applied for by any licensee and $350 for each additional vehicle
applied for by any licensee with a tare weight in excess of 6,000
pounds for each calendar year or fraction thereof. Every vehicle shall
require a license.
A.
Any license or permit issued pursuant to the provisions of this chapter
shall not be transferred or assigned to any person or used by any
person other than the licensee or permittee to whom it was issued.
B.
Any transfer of routes or customers or servicing of the same by the
licensee or any exchanging of routes or customers with another licensee
or other entity or unlicensed entity working under the name of or
with the licensee within the Town of Smithtown shall be a violation
of this chapter unless a written notice is mailed to the customers
and the Town of Smithtown within 10 days of the transfer or exchange.
C.
Any subcontracting out, transfer or assignment of routes and/or stops
shall not be permitted unless the Town Clerk or the Town Clerk's designee
is notified, in writing, by certified mail, at least 10 days prior
to said subcontracting, transfer or assignment. Any transfer, assignment
or subcontract must be to a carter duly licensed in the Town of Smithtown
and is subject to approval by the Town Clerk, which shall not be unreasonably
withheld. Any subcontracting of any routes or stops must be to a completely
independent and unaffiliated corporation or legal entity.
[Added 12-21-1993 by L.L. No. 11-1993]
(1)
Failure to notify the Town of any transfer, assignment or subcontract
will be a violation of this chapter.
(2)
Any transfer, assignment or subcontract must be for a period of at
least 30 days. In the event of an emergency or if a carter is unable
to tend to its stops, a route may be temporarily transferred. In the
event that a carter is claiming an emergency transfer, the carter
is obligated to notify the Town Clerk within eight hours of the emergency
situation. Said notice shall be in writing, sent to the Town Clerk
by certified mail or facsimile transmission. Said emergency shall
not exceed two days unless approval is obtained from the Town Clerk's
office.
[Amended 12-21-1993 by L.L. No. 11-1993]
A.
It shall be unlawful for any person to engage in the business of
storing, collecting, carting, transporting, segregating or sorting
or providing roll-off or open container service for solid waste of
any kind in the Town of Smithtown unless the permit number issued
by the Town of Smithtown and attesting to the issuance of the required
license or permit is displayed in a conspicuous place upon the container
used for such purpose.
B.
Unless otherwise regulated by contract with the Town, license and/or
permit numbers shall be conspicuously and permanently displayed upon
all open roll-off containers in letters or numbers not less than three
inches in height and of a contrasting color to the roll-off or open
container.
C.
Only permit numbers issued and affixed by the Town of Smithtown shall
be valid.
A.
Each applicant shall produce each vehicle for which a license is
required for an inspection at a time and place to be named by the
Department of Public Safety. No application will be processed by the
Town Clerk for the issuance of a license until the vehicle or vehicles
have been produced for the above purposes at the time and place fixed
by the Department of Public Safety.
[Amended 9-7-1993 by L.L. No. 7-1993; 12-21-1993 by L.L. No.
11-1993]
B.
No license shall be issued for the use of any vehicle for the collection
of solid waste unless it is a packer-type closed body roll-off or
equal or a compartmentalized or sorter vehicle or equivalent for recyclables.
The name of the owner and permit holder of each vehicle shall be permanently
inscribed (no magnetic shields, emblems or similar devices shall be
used) on the driver's door or for roll-off containers on the first
panel at 1/2 container height in legible lettering of not less than
three inches in height and of contrasting color to the body or roll-off.
C.
Certified copies of title, registration and/or lease agreements shall
be presented to any enforcement employee, director, attorney or their
duly designated deputies and assistants of the Town of Smithtown upon
request.
D.
All vehicles shall be kept in a sanitary condition and shall be subject
to inspection by such persons as the Department of Public Safety may
designate. It shall be unlawful to store or garage any vehicle containing
solid waste of any kind.
[Amended 9-7-1993 by L.L. No. 7-1993]
E.
Every collection vehicle shall be maintained, operated and used at
all times only in full compliance with all applicable provisions of
federal, state and local law and this Code and all other applicable
rules and regulations adopted thereunder. Every collection vehicle
shall be loaded at all times in such a manner and by such methods
as to prevent the release or discharge of dust and to prevent the
spilling of solid or liquid waste upon the sidewalks or streets, and
every operator of a vehicle shall remove immediately from the sidewalks
or streets all solid waste spilled, littered or thrown thereon in
loading operations or in the handling and return of receptacles or
while traveling. Failure to comply with the provisions of this section
shall be deemed a violation of this chapter.
F.
An identification card issued by the Department of Public Safety
of the Town of Smithtown or employees of a designated solid waste
management facility shall be given to each vehicle and shall be kept
with said vehicle at all times. Upon request of any Town employee
or employee of a designated solid waste management facility, said
identification card shall be presented to the employee.
[Amended 9-7-1993 by L.L. No. 7-1993]
A.
A license issued pursuant to this chapter shall be for the calendar
year or fraction thereof for which it was issued, unless revoked or
surrendered earlier. There shall be no apportionment or pro-rata cost
of any fee in any calendar year.
B.
A permit issued pursuant to this chapter shall be for the calendar
year from January 1 through December 31 or fraction thereof for which
it was issued, unless revoked or surrendered earlier.
C.
All applications for a license issued pursuant to this chapter shall
be applied for on or before November 30 of the year preceding the
year which for a license is sought.
[Amended 12-21-1993 by L.L. No. 11-1993]
If a licensed or permitted vehicle is sold or transferred, the
license or permit for said vehicle is void at the moment of sale or
transfer, and the licensee or permittee must surrender the license
or permit held for it to the Town Clerk within 10 days.
The Town Board shall have the right to route any and all vehicles
to and from such solid waste management facility as may be designated
for the disposal of solid waste and/or acceptable waste, and it shall
be unlawful for any vehicle to use any route not authorized by the
Town Board.
It shall be the duty of each licensee to effect the collection
of solid waste on the routes and days set forth on the license application.
In the event of the failure of the licensee to effect said collections
within 24 hours after the due date of said collections or failure
to collect solid waste within a time period otherwise set forth in
this chapter, the Town reserves the right to perform said collections
on behalf of the licensee and to deduct the cost of the same from
the deposit made by the licensee with the Town of Smithtown. The Town
of Smithtown shall have the further right to revoke any license for
the failure of the licensee to meet this duty and requirement. In
the event that the Town Board shall be required to perform said collections
and to deduct the cost of the same from the deposit made by the licensee,
the licensee shall be required to make an additional deposit with
the Town Comptroller in an amount equal to that so deducted within
14 days of receipt of written demand from the Town Comptroller. In
the event that the Town Comptroller notifies the Town Board that the
licensee has failed to make the additional deposit with the Town Comptroller
within the required 14 days, the Town Board may suspend the licensee
license until such time as the licensee shall make the required additional
deposit with the Town Comptroller.
A.
All acceptable waste generated within the Town of Smithtown shall
be collected, transported and delivered to such solid waste management
facility or facilities within or outside the Town as the Town Board
may designate by resolution at least 10 days prior to the effective
date thereof.
B.
No person authorized to collect or transport acceptable waste within
the Town of Smithtown shall dispose of acceptable waste generated
within the Town of Smithtown except at a solid waste management facility
designated by the Town Board pursuant to this section.
C.
No person shall dispose of any acceptable waste except in a designated
manner pursuant to the provisions of this chapter and at a solid waste
management facility designated by the Town Board for the disposal
of the material sought to be disposed.
D.
The Town Board shall provide notice of any such designation or charge
of designation at least 10 days prior to the effective date thereof.
E.
All vehicles or containers containing acceptable waste and Town-owned
solid waste originating or generated within the Town of Smithtown
shall proceed directly to a solid waste management facility designated
by the Town Board. No salvaging, mixing, sorting, removal or disposal
of the waste other than prescribed herein shall be permitted. No acceptable
waste or Town-owned solid waste shall be removed from any vehicle
unless at a solid waste management facility designated by the Town
Board.
A.
Ownership of all solid waste shall vest irrevocably upon the Town
of Smithtown or duly authorized agent the moment the solid waste or
recyclables are placed or located at the curb, street line or immediately
adjacent to the roadway or within any easement owned by the Town of
Smithtown which parallels any street, road or highway.
B.
All acceptable waste placed in dumpsters or roll-offs shall be disposed
of according to the provisions of this chapter and at a solid waste
management facility designated by the Town Board.
C.
It shall be unlawful for any person without authority of the Town
to collect, pick up, remove or cause to be removed or in any manner
interfere with or disturb any solid waste or portions thereof from
any premises.
D.
The Town Board shall provide notice of any such designation or change
of designation at least 10 days prior to the effective date thereof.
E.
All vehicles or containers containing acceptable waste and Town-owned
solid waste originating or generated within the Town of Smithtown
shall proceed directly to a solid waste management facility designated
by the Town Board. No salvaging, mixing, sorting, removal or disposal
of the waste other than prescribed herein shall be permitted. No acceptable
waste or Town-owned solid waste shall be removed from any vehicle
unless at a solid waste management facility designated by the Town
Board.
F.
All receptacles may be put out for pickup no more than 12 hours prior
to pickup and must be removed no later than 12 hours after pickup.
The receptacles must be stored away from public view so as not to
cause unsightliness and public blight. All receptacles for pickup
shall be placed at house street address frontage.
[Added 12-21-1993 by L.L. No. 11-1993]
It shall be unlawful for any person to maintain underground
receptacles for the deposit or storage of solid waste.
Each carter shall give the Town of Smithtown and the operator
of the facility three weeks' written notification of any changes in
such carter's operation which would have a material effect on delivery
schedules or weight records and shall include the effective date or
dates of such changes. These include but are not limited to the following:
A.
A change in name and/or mailing address.
B.
A change in telephone number.
C.
A change in the trucks and containers brought into the facility.
D.
A change in the number of deliveries or clients.
E.
Any change, deletion or addition of officers, directors, principals
or shareholders of a corporation or partners of a partnership.
A licensee or carter's license and dumping privileges at any
designated solid waste management facility shall be suspended if any
bill or debt due and owing the Town or any of its agents is not paid
on or before its scheduled due date. Suspension shall commence the
moment notification is sent by the Town to said carter or licensee.
The Town shall accord the licensee a license revocation hearing on
said matter as soon as practically and feasibly possible.
A licensee or carter license and dumping privileges at any designated
solid waste management facility shall be suspended the moment notification
is sent by the Town regarding any violation of this chapter to said
carter or licensee that a license revocation hearing has been scheduled
and shall remain suspended until a determination has been rendered
by the Town Board.
