All carters shall proceed to a designated solid waste management
facility along routes designated by the Town Board of the Town of
Smithtown.
[Amended 12-21-1993 by L.L. No. 11-1993]
All carters and those entering the Municipal Services Facility
shall abide by any instructions or procedures given by the Superintendent
of Sanitation. The Superintendent of Sanitation shall be responsible
for the complete operation and usage of any Town solid waste facility
and the operation and usage of all vehicles entering, leaving and
conducting any activity upon or with respect to said facility. The
Superintendent of Sanitation shall make such rules and regulations
as he or she shall see fit concerning the same. In the event that
any rules or regulations established by the operator of the Town facility
are subject to any agreements with any other municipality or governing
body, said rule or regulation shall not be promulgated without prior
Town Board approval.
Drivers entering a designated facility shall be prepared to
answer the following questions:
A. The Town the solid waste originated in and/or was collected in.
B. Whether the load is commercial or residential solid waste.
C. The route or district number.
By a vehicle's entry into a solid waste management facility,
the owner and operator of that vehicle shall be deemed to consent
to the searches and seizures hereinafter provided.
A. Any vehicle which enters any solid waste management facility may
be searched and its contents examined by Town of Smithtown employees
or agents to determine compliance with the provisions and prohibitions
of the laws of the State of New York, County of Suffolk and Town of
Smithtown.
B. Any peace or police officer or any authorized employee or agent of
the Town of Smithtown shall have the power to seize without a warrant
for conservation, health, safety or evidentiary purposes any item
the officer or individual has cause to believe is a hazardous substance
or generated or collected outside the Town of Smithtown which has
been or is being processed or disposed of in violation of the provisions
of this chapter or any item which has been or is being processed or
disposed of in violation of any provision of applicable law.
[Amended 12-19-1991 by L.L. No. 12-1991]
A. All vehicles or containers subject to the fees set forth herein must
have a cubic yard capacity and tare weight of such vehicle or container
clearly displayed on the right side outside thereof. Failure to disclose
and display the cubic yard capacity and tare weight of a vehicle or
container shall be grounds for refusal to permit dumping at the site.
B. No vehicles, except for Town licensed carters, shall be permitted
to deliver solid waste to the Resource Recovery Plant.
C. Dumping of any solid waste at any solid waste management facility
without the approval of the facility operator and the Town of Smithtown
shall constitute a violation of this chapter. Nothing in this chapter
shall exempt a resident from paying any fee which may otherwise be
applicable pursuant to this chapter.
[Amended 12-19-1991 by L.L. No. 12-1991]
A. Effective January 1, 1992, all commercial solid waste collected by
a carter shall be transported to and disposed of at a solid waste
management facility designated by the Town of Smithtown for the material
to be disposed.
B. The Town of Smithtown reserves the right to direct the carter to
deliver the waste to alternative disposal facilities within the boundaries
of or within a radius of five miles of the boundaries of the Town
of Smithtown.
C. All commercial solid waste collected shall be delivered directly
to the designated disposal facility. No salvaging, mixing, sorting,
segregating, removal or disposal shall be permitted at any other location.
D. All disposal fees associated with the disposal of commercial solid
waste at the designated facilities shall be borne by the licensee.
The Town of Smithtown shall invoice carters who have an account with
the Town of Smithtown on a monthly basis for the actual tonnage delivered
to the designated facility, except as provided in Subsection (7) herein.
Payment by the carter shall be made to the Town within 15 calendar
days of the date of invoice. In the event that the carter does not
submit payment for its disposal fees within 15 calendar days of the
invoice, a late payment charge of $25 will be added to the carter's
next monthly invoice. Furthermore, all delinquent unpaid balances
will accrue interest at the periodic rate of 18%, which amount will
be reflected on the carter's subsequent invoices until fully satisfied.
[Amended 1-10-1995 by L.L. No. 1-1995]
(1) Commercial acceptable wastes collected by the carter shall be delivered
to the Huntington Resource Recovery Facility for disposal. The tipping
fee at this facility shall be $65 per ton commencing on January 1,
1992.
(2) Commercial recyclables, white goods or scrap metal collected by the
carter may be delivered to the Smithtown Municipal Services Facility.
Effective January 1, 1992, there shall be no tipping fee for these
materials delivered to the Municipal Services Facility.
(3) Commercial bulk items collected by a carter shall be delivered to
the Huntington Resource Recovery Facility. The tipping fee for commercial
bulk items shall be $65 per ton commencing on January 1, 1992.
(4) Commercially collected leaves and brush collected by the carter shall
be delivered to the Municipal Services Facility where the vehicles
will be weighed then directed to a designated facility. The tipping
fee for these materials shall be $40 per ton commencing January 1,
1992.
(5) Demolition and construction materials.
[Amended 5-12-1998 by L.L. No. 4-1998; 12-19-2000; 7-22-2003; 12-13-2005 by L.L. No.
6-2005; 6-20-2013; 12-13-2022 by Res. No. 2022-1128; 9-21-2023 by Res. No. 2023-922]
(a)
The fee for the disposal of rubble or demolition and construction
materials at the Town of Smithtown Municipal Services Facility shall
be:
[1]
Eight cents per pound for the disposal of materials weighing
up to 100 pounds.
[2]
A minimum fee of $10 shall be charged for the disposal of any
materials weighing up to 100 pounds.
[3]
Six cents per pound or $150 per ton for the disposal of materials
weighing more than 100 pounds.
(b)
The Town of Smithtown Municipal Services Facility reserves the right to weigh each vehicle as enumerated in §
177-83D(5)(a)[1],
and
that enters the facility if the scale house operator or other designated individual believes that such vehicle should be charged $160 per ton for the disposal of demolition and construction materials.
(c)
The fee for the disposal of rubble or demolition and construction materials in accordance with §
177-83D(5)(a)[1],
and
and
(b) may be amended by resolution, from time to time, by the Town Board of the Town of Smithtown at the recommendation of the Solid Waste Coordinator, without the necessity of a formal public hearing.
(6) Clean fill collected by any person, firm, association, partnership or corporation may be delivered and disposed of at the Town of Smithtown Municipal Services Facility. The fee for disposal of clean fill not specifically enumerated in §
177-83D(5)(a)[1],
and
shall be $80 per ton. The fee as set forth in this subsection may be amended by resolution, from time to time, by the Town Board of the Town of Smithtown at the recommendation of the Solid Waste Coordinator, without the necessity of a formal public hearing.
[Amended 1-24-1995; 4-17-1995; 5-9-1995; 5-16-1996; 7-1-1996; 7-16-1996; 5-12-1998 by L.L. No.
4-1998; 5-12-1998; 12-19-2000; 7-22-2003; 9-9-2008; 8-17-2010]
(7) The disposal fee for the disposal of clean fill at the Town of Smithtown
Municipal Services Facility shall be paid pursuant to the following
procedures:
(a)
The person, firm, association, partnership or corporation seeking
to dispose of clean fill at the Town of Smithtown Municipal Services
Facility shall first obtain a clean fill ticket at the Municipal Services
Facility.
(b)
The person, firm, association, partnership or corporation shall
fill out an application requesting clean fill tickets at the Municipal
Services Facility and must submit a certified check or money order
payable to the Town of Smithtown general fund or cash, only at the
discretion of the Municipal Services Facility operator, for the amount
of clean fill tickets requested.
(c)
The fee for disposal shall be calculated on a per yard basis
depending on the size of the container or roll-off the person, firm,
association, partnership or corporation is seeking to dispose of.
(d)
Upon the arrival at the Town of Smithtown Municipal Services
Facility, the person, firm, association, partnership or corporation
shall identify its load as clean fill and proceed to the designated
scale house. Then a clean fill ticket must be presented to the Municipal
Services Facility scale house operator or other designated individual
in advance of the disposal of the clean fill.
Exempt from the provisions of this chapter shall be any vehicle
owned, leased, rented, hired or utilized by the Town of Smithtown,
its agencies, departments or bureaus.