The purpose of this article is to provide for the health, welfare
and safety of the populace of the Town of Smithtown by establishing
a system for the collection of revenues necessary to meet existing
municipal financial obligations in connection with continuing to make
available solid waste disposal capacity meeting current technological,
environmental and public health protection standards. The making available
of such solid waste disposal capacity is intended to avoid the undue
and unhealthful accumulation of waste and to encourage disposal of
solid waste in a manner conducive to the maintenance of the public
health, safety and welfare. Therefore, pursuant to Town Law, General
Municipal Law, Municipal Home Rule Law and the laws of the State of
New York, there is hereby established a system for the charging of
fees and collecting of funds for the generation of nonresidential
solid waste within the Town of Smithtown sufficient to maintain and
operate solid waste disposal capacity sufficient to accommodate said
nonresidential solid waste.
[Amended 5-12-1998 by L.L. No. 4-1998]
A. Any commercial, industrial, institutional and multifamily operation
or establishment may make an application to the Town of Smithtown
Solid Waste Coordinator to be classified as either a low-density waste
generator, a minimal waste generator and/or an on-demand service waste
generator. This written request must be made to the Town of Smithtown
Solid Waste Coordinator and include the following information:
(1)
The name of the entity requesting the classification.
(2)
The type or types of classification being requested.
(3)
The addresses of all properties owned and operated by this entity
which are located within the confines of the Town of Smithtown Nonresidential
Solid Waste Disposal Capacity Generation Fee System.
(4)
The reason(s) why this entity' s properties should be classified
as a low-density waste generator, a minimal waste generator and/or
an on-demand service waste generator.
B. Appeal; review of decision.
(1)
Any person, firm or corporation who is billed for charges outlined
in this article and who considers such charges to be inaccurate, erroneous
or inconsistent with the provisions of this article shall have the
right to appeal the disputed charges by making written request to
the Town of Smithtown Solid Waste Coordinator. A review and investigation
of the disputed charges will then be made by the Town of Smithtown
Solid Waste Coordinator who will provide to the appellant a written
decision on the appeal which contains the reasons for the decision.
(2)
The appellant may seek a review of the Town of Smithtown Solid
Waste Coordinator's decision, by filing a written request to the Nonresidential
Solid Waste Disposal Capacity Generation Fee Review Board of the Town
of Smithtown within 10 days of the date of mailing of the Town of
Smithtown Solid Waste Coordinator's decision to the appellant. The
Nonresidential Solid Waste Disposal Capacity Generation Fee Review
Board shall consist of the Environmental Protection Director, Town
Comptroller and Town Attorney or their duly designated representatives.
The appellant's notice of appeal must clearly state the nature of
the action or reasons why the Town of Smithtown Solid Waste Coordinator's
action should be modified, reversed or remanded. A review by the Board
shall be conducted not less than 15 days and no more than 60 days
from the date off the appellant's notice of appeal is filed, unless
the Review Board, in its sole discretion, finds that the review should
be delayed.
[Amended 6-9-2009 by L.L. No. 2-2009]
(3)
Any charges found to be inaccurate, erroneous or inconsistent
by written decision after a review or an appeal made pursuant to this
section shall be corrected by means of a refund, credit or other method
approved of by the Town of Smithtown Solid Waste Coordinator. Corrections
for any inaccurate, erroneous or inconsistent charges shall be retroactive
only to the beginning of the fiscal year in which such charges were
appealed pursuant to this section.
[Added 5-30-2000 by L.L. No. 5-2000]
C. A review and investigation of this request will be made by the Town
of Smithtown Solid Waste Coordinator, who will provide to the applicant
a written decision on the application, containing the reasons for
the decision.
D. The applicant may seek a review of the Town of Smithtown Solid Waste Coordinator's decision by filing a written request in accordance with §
177-105B(2).