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:
ACCEPTABLE WASTE
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.
ASHES
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.
BULK ITEMS
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.
CLEAN FILL
Material consisting of concrete, steel, wood, sand, dirt,
soil, glass, construction and demolition debris and other recognizable
inert material.
COLLECT
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.
COMMUNITY FACILITY
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.
CONSTRUCTION AND DEMOLITION (C & D) DEBRIS
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.
COMPACTION FACTOR
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]
CONTAINER
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]
CONTAINER YARD
One cubic yard of solid waste container capacity.
[Added 6-10-1997 by L.L. No. 3-1997]
DSU RATE (DSUR)
That rate, per disposal service unit, utilized in calculating
nonresidential disposal fees.
[Added 6-10-1997 by L.L. No. 3-1997]
DUMPSTER
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.
EXPLOSIVES
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.
GARBAGE
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.
GRASS
Green lawn clippings.
HAZARDOUS WASTE
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.
HIGH MANAGERIAL AGENT
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.
HOUSEHOLD BULK ITEMS
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.
LIQUID WASTE
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.
LITTER
All solid waste which is deposited in any location other
than a container or device used for the collection or storage of solid
waste.
LOW-DENSITY WASTE GENERATOR
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]
MEDICAL WASTE
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.).
MINIMAL WASTE GENERATOR
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]
NEWSPAPER
A publication made of newsprint but shall not be construed
to mean magazines, periodicals or other paper products of any nature
whatsoever.
NONRESIDENTIAL
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]
ON-DEMAND SERVICE WASTE GENERATOR
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]
OPERATOR
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.
PERSON
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.
RECYCLABLES
Solid waste that exhibits the potential to be used repeatedly
in place of a virgin material, and shall include the following:
B.
All metal cans and containers.
G.
Plastics, No. 1 and No. 2 types.
RESOURCE RECOVERY PLANT
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.
ROLL-OFF
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.
SERVICED CONTAINER YARDS (SCY)
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.
|
SOLID WASTE
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.
SOLID WASTE CONTAINER
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.
SOLID WASTE MANAGEMENT FACILITY
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.
SOURCE SEPARATION
The segregation or separation of recyclables from the solid
waste stream for separate collection, sale or other disposition at
the point of origin.
STORAGE
The containment of any solid waste such that it does not
constitute disposal of that waste.
TOWN
All areas within the jurisdictional and corporate boundaries
of the Town of Smithtown, inclusive of any incorporated village.
TOWN CLERK
The Town Clerk of the Town of Smithtown.
UNACCEPTABLE WASTE
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.
WHITE GOODS
All major household kitchen appliances, to include washing
machines, dryers, stoves, refrigerators, freezers, dishwashers and
home garbage compactors.
YARD WASTE
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.
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.
[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.
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.
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.