[HISTORY: Comes from L.L.
No. 91-1972, adopted 9-12-1972, effective 9-19-1972.]
[Amended 9-27-1983 by L.L. No. 80-1983, effective 10-5-1983; 3-14-2023 by L.L. No. 22-2023, effective 4-4-2023]
There shall be in the Town of Hempstead a Department of Sanitation.
The executive head of such Department shall be the Commissioner of
Sanitation, who shall be appointed by the Town Board for a term fixed
by law at such salary as may, from time to time, be fixed by said
Town Board. The Commissioner of Sanitation shall be appointed on the
basis of administrative experience. There may be Deputy Commissioners
to the Commissioner of Sanitation. The Deputy Commissioners, individually,
shall have the authority to act for and in place of the Commissioner
of Sanitation in all regards. The Commissioner shall designate, in
writing, the order in which the deputies shall act, in case of the
Commissioner's absence, inability to work, or vacancy. The Commissioner
shall have the power to appoint and remove all subordinate officers
and other employees and to assign them to their respective duties.
The Commissioner shall be in the unclassified service of the civil
service. The position of Deputy Commissioner shall, pursuant to the
statutory authority contained in the Municipal Home Rule Law and the
Civil Service Law, be in the exempt class.
A.
There shall be within the Department of Sanitation the following
divisions:
(1)
Administrative: to have general supervision of intradepartmental
matters, including supervision of personnel and maintenance of personnel
records, maintenance of accounting and departmental records, including
budget control and statistical analysis of overall direction and coordination
of divisional activities.
(2)
Planning: to perform under general supervision the gathering of information
and analysis thereof and the preparation and submission for Town Board
consideration of reports and recommendations based upon such studies
and relating to all matters involving town services and facilities
or as may be in any manner beneficial to town government in promoting
the economic and social well-being of the town, its residents, taxpayers
and commercial community.
(3)
Operations: There shall be as part of this Department a Division
known as "Operations." This Division shall operate and maintain, repair
and otherwise keep in good order and working condition all of the
plant equipment and vehicles used in this Department. This Division
shall perform the same operations as heretofore while it was constituted
as part of the Department of Public Works.
B.
This Department shall have jurisdiction over and enforce all of the
rules and regulations of the following operations and districts:
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Solid waste collection
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Solid waste disposal
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Environmental control
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Special bulk services collection
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Vehicle maintenance
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Merrick Refuse Disposal Plant
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Oceanside Refuse Disposal Plant
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Town of Hempstead Refuse Disposal District
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Town of Hempstead Refuse and Garbage District
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Merrick-North Merrick Refuse and Garbage District
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Lido Point Lookout Refuse and Garbage District
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A.
The Department of Sanitation shall collect, convey and dispose of
all refuse within such portions of the Town of Hempstead as are within
the sole jurisdiction and control of the Town Board, and exercise
such powers and perform such duties as are prescribed by any and all
local laws, ordinances, laws, rules or regulations pertaining to litter
and refuse heretofore or hereafter enacted or promulgated, and such
further and additional rules and regulations so as to abide by and
fit in and have due regard for the necessity of an ecology program
beneficial to the residents of the Town of Hempstead, and shall have
a vehicular maintenance section.
B.
All costs and expenses incurred by the Department or its officers,
agents or employees on behalf of a special improvement district or
special town project shall be charged against such district or project
and paid from the funds duly appropriated for the purpose of such
district or project.
A.
The Sanitation Division of the Department of Public Works, presently
existing, is hereby transferred in its entirety, including all property,
equipment and budgetary appropriations, to the Department of Sanitation.
The employees of such Division shall be continued as employees in
the Department of Sanitation with the same classifications, pension
and retirement rights and privileges as they had immediately prior
to such transfer.
B.
The Commissioner, only when specifically authorized so to do by the
Town Board, may from time to time, employ such additional persons,
including special, technical, fiscal and legal consultants as may
be necessary in the discharge of his duties.
