[Adopted 9-30-1986 by L.L. No. 72-1986, effective 10-6-1986]
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
It is hereby declared that, in the exercise of control and regulation
of the collection, transportation and disposition of solid waste on
a Town-wide basis, the Town is exercising essential and proper governmental
functions in accordance with the clearly articulated and affirmatively
expressed policy of the State of New York as contained in Chapter
797 of the Laws of 1985 of the State of New York. The exercise of
the control and regulation of the collection, transportation and disposal
of solid waste on a Town-wide basis is necessary for the fulfillment
of the governmental responsibilities and objectives set forth in the
Local Solid Waste Management Plan of the Town of Hempstead adopted
pursuant to New York State Environmental Conservation Law § 27-0707.
This article is intended, among other public purposes, to assure the
environmentally safe and secure disposal of the solid waste of the
Town, to provide a basis to comprehensively monitor the generation
of solid waste in the Town, to assist in planning for the future collection
and disposal needs of the Town, to assist in the enforcement and implementation
of the provisions of this chapter governing the recovery of recyclable
materials, to provide incentives for the source separation of recyclable
materials from the solid waste of the Town, and to provide a stable
and sufficient revenue source for the administration of the solid
waste programs of the Town.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
A.
It is the policy of the State of New York with respect to the collection,
transportation and disposition of solid waste in the Town of Hempstead
to displace competition with regulation or monopoly public service.
Notwithstanding the provisions of any general, special or local law
to the contrary, the Town is authorized to adopt, and hereby does
adopt, and amend a local law which shall provide for the management
on a Town-wide basis of all solid waste generated within the Town.
B.
It is the policy of the Town of Hempstead, in accordance with the
solid waste management policies of the State of New York, to reduce
the amount of solid waste generated; reuse material for the purpose
for which it was originally intended or recycle material that cannot
be reused; recover energy from solid waste that cannot be economically
or technically reused or recycled; and dispose of solid waste that
is not being reused, recycled or from which energy is not being recovered
by land burial or other means approved by law. This article is intended
to advance and support the policies expressed in the Town of Hempstead
Solid Waste Management Plan, and to assist the Town in the fulfillment
of its responsibility to provide solid waste disposal services for
the Town of Hempstead Solid Waste Disposal District. The Town is the
recognized planning unit for all incorporated villages and unincorporated
areas within the Town, with the exception of the Village of New Hyde
Park, which lies partially within the Town of North Hempstead and
uses disposal facilities of the Town of North Hempstead. This article
shall apply to all areas within the Town that are subject to the Town
of Hempstead Solid Waste Management Plan.
C.
It is the policy of the Town of Hempstead, in the adoption, implementation
and enforcement of this article, to treat all persons subject to its
provisions in a fair and impartial manner, without regard to their
location or legal residence within or without the boundaries of the
Town of Hempstead or the State of New York or other state, and where
all or a portion of the solid waste generated within the Town is directed
to a particular place or facility for disposal or processing, said
waste shall be delivered to the custody and control of the Town as
a public agency for disposal or processing to be undertaken by the
Town or such contractors or agents employed by the Town for such purposes.
The Town Board reserves the right to implement the provisions of this
article in stages, and to authorize such exceptions to its provisions
as are appropriate and consistent with the Town's Local Solid Waste
Management Plan, taking into account the existing and future disposal
capacities of Town Solid Waste Management Facilities, and the solid
waste management programs and practices of the municipalities and
the private sector operating within the Town.
D.
This article implements the policies expressed in said Chapter 797 of the Laws of 1985 of the State of New York and shall be construed, where applicable, to supplement all other provisions of Chapter 128 of the Town Code. Any inconsistency or conflict between another provision of this chapter and this article and regulations adopted hereunder shall be resolved in favor of this article and in favor of any regulations adopted hereunder. This article and regulations adopted hereunder shall supersede any enactment, local law or regulation enacted by the Town or any municipality within the Town inconsistent herewith.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
It is found and declared that:
A.
The Town hereby intends to regulate and control the collection, transportation
and disposal of all solid waste, by whomever collected, within the
Town and municipalities within the Town and to establish standards
and promulgate regulations to accomplish such control.
B.
With respect to the collection, transportation and disposal of solid
waste, within the Town of Hempstead, pursuant to this article and
regulations adopted hereunder, competition is displaced with regulation
or monopoly public service.
C.
All provisions of this article or regulations hereunder shall be
consistent with standards established pursuant to the New York State
Environmental Conservation Law.
D.
The Town hereby intends to exclusively control all solid waste collected
within the Town and all energy and materials derived therefrom, including
without limitation the collection, transportation and disposal of
solid waste at a Town Solid Waste Management Facility or Facilities
for storage or processing or for any other disposition or handling.
E.
The Town hereby provides for the establishment and collection of
charges as compensation for the disposal of such solid waste.
F.
The Town is authorized by the laws of the State of New York to supervise
and regulate, by the implementation of appropriate permit procedure
and contractual agreements, the collection, transportation and disposal
of all or part of any solid waste generated within the Town and municipalities
within the Town.
G.
The Town is authorized to execute a municipal service agreement requiring
it to cause all acceptable solid waste generated within its boundaries
to be delivered to a Town Solid Waste Management Facility.
H.
The Town is authorized by the laws of the State of New York to collect
a charge for the disposition of solid waste and to enter into agreements
to provide for same.
I.
The Town hereby claims such rights, as may be necessary to implement
Chapter 797 of the Laws of 1985 and this article, to all solid waste
within the Town and municipalities within the Town placed for collection
by the residents and commercial industrial establishments and to exclusively
commit said waste and energy and materials derived therefrom to any
Town Solid Waste Management Facility.
J.
The policy of the Town is to reduce, where practicable, the volume
of solid waste that must be disposed of by the Town by means of resource
recovery and to extract available energy from such solid waste. In
furtherance of this policy, and to pursue its the governmental interests
in the management of solid waste, the Commissioner may, from time
to time, procure through procedures prescribed by law, the services
of qualified persons to provide necessary skill and equipment and
to operate and maintain Town Solid Waste Management Facilities capable
of producing energy from the combustion of solid waste, and to provide
such other services as the Town may require.
K.
The Town Board hereby enacts this article to implement the above-stated rules, policy and declaration. By this Article IV, the Town Board intends to confer upon the Commissioner the power to adopt regulations which will implement this chapter, any municipal service agreement executed by the Town, including a service agreement with a solid waste management facility or other facility and any intermunicipal agreement relating to solid waste, and to implement the goals set forth in Chapter 797 of the Laws of 1985 of the State of New York and this Chapter 128 of the Town Code and to ensure compliance with any obligation incurred by the Town pursuant to the herein-mentioned laws or agreement executed thereunder. To the extent that any provisions of this article have previously been declared ineffective or void due to conflict with the provisions of Article I, section 8, clause 3 of the United States Constitution, such provisions, as herein amended, are hereby reenacted and given full force and effect.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
For the purpose of this article, the terms used herein are defined
as follows:
That portion of solid waste which is authorized by law or
regulation for acceptance at Town Solid Waste Management Facilities
and is collected and disposed of, or caused to be collected and disposed
of, through private or municipal collection and shall include residential,
commercial, governmental and light industrial waste, as may vary from
time to time, including but not limited to garbage, trash, rubbish
and vegetable waste.
A district operated by the Town which was established, pursuant
to the Town Law of the State of New York, as amended, and the Nassau
County Civil Divisions Act, as amended, to provide solid waste and
recyclables collection, but not disposal, services for the properties
defined in the legislation establishing such district, including Collection
Districts 3, 4 and 5, together with such other districts as may be
created by the Town in the future. The term Collection District shall
not include Districts 1, 2, 6, 7 and 14 or any Independent Sanitary
District which is governed by a separate Board of Commissioners.
The Town Commissioner of Sanitation, a Deputy Commissioner
or any other designated representative of the Town Commissioner of
Sanitation.
Shall have the meaning set forth in 6 NYCRR 360-1.2(b)(38)
as the same shall be modified and amended from time to time.
The Town of Hempstead Refuse Disposal District, a district
established pursuant to the Town Law of the State of New York, as
amended, and the Nassau County Civil Divisions Act, as amended, to
provide solid waste and recyclables disposal services for the properties
defined in the legislation establishing such district.
Waste by reason of its composition or character which is
harmful, toxic or dangerous or is hazardous waste, as defined in either
the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.,
as amended from time to time, and the regulations thereunder or under
applicable New York statutes and the regulations thereunder.
A district established pursuant to an act of the New York
State Legislature or pursuant to Chapter 273 of the Laws of 1939,
otherwise known as the Nassau County Civil Divisions Act, but does
not include a Collection District.
A political subdivision within the State of New York having
a separate corporate existence, including for purposes of this article,
an incorporated village, and an Independent Sanitary District as defined
herein.
An executed contract between the Town and a municipality,
which provides for solid waste disposal services.
The New York State Department of Environmental Conservation.
Any individual, corporation, partnership, joint venture,
association, joint-stock company, trust, unincorporated organization
or government or any agency or political subdivision thereof.
That portion of solid waste determined by the Commissioner
to be reusable or recoverable for value, including newspapers, cardboard,
glass bottles and jars, metal food and beverage cans, plastic food
and household product containers made from high-density polyethylenes
or polyethylene terephthalate plastics, yard waste, metal recyclables,
construction and demolition debris and shall further include office
paper and cardboard generated from a commercial establishment. In
addition to these materials, the Commissioner may determine a material
to be recyclable for which there are economic markets for alternate
uses.
Any facility designated and operated solely for the receiving
and storing of source-separated or post-separated designated recyclable
materials.
Shall have the meaning set forth in 6 NYCRR 360-1.2(a), as
the same shall be modified and amended from time to time.
The Town of Hempstead Local Solid Waste Management Plan and
Comprehensive Recycling Analysis dated March 1993, as approved by
the New York State Department of Environmental Conservation, and as
subsequently updated, amended, or renewed.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
The Town of Hempstead as a political subdivision and municipal
corporation organized under the laws of the State of New York, including
all constituent agencies, departments, and special taxing, assessment
and service districts administered by the Town Board of the Town of
Hempstead.
Any facility employed beyond the initial solid waste collection
process, including but not limited to transfer stations, storage areas
or facilities, sanitary landfills, waste-to-energy or resource recovery
facilities, incinerators, recycling centers, and composting facilities,
that is owned or operated by the Town of Hempstead, or is situated
on property owned by the Town and is operated by an entity under contract
with the Town of Hempstead and which is obligated pursuant to such
contract to receive and process solid waste delivered by the Town
of Hempstead or by the Town on behalf of the Town of Hempstead Refuse
Disposal District.
Any waste or other material that is not authorized for acceptance
at any Town Solid Waste Management Facility by permit, law or regulation.
Grass clippings, leaves, bundles of twigs or branches, brush,
tree trunks, logs, stumps all up to six inches in diameter, natural
holiday trees and wreaths and other general tree and lawn or garden
waste that is not contaminated by garbage or refuse.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
The Commissioner shall be responsible for the supervision and
regulation of the collection, transportation and disposition of all
solid waste originated, generated or located within the Town and the
municipalities therein and to establish, from time to time, such regulations
as may be necessary. The Commissioner shall act pursuant to the standards
established in this article.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
The Commissioner shall be solely responsible for the supervision
and regulation of the collection of all solid waste originated, generated
or located within Town Solid Waste Collection Districts Nos. 3, 4
and 5 and to establish from time to time, such regulations as may
be necessary. The Commissioner shall act pursuant to the standards
established in this article.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
The disposal of solid waste generated within the Town of Hempstead
and municipalities located therein must be controlled by the Town
for the protection of the public health, safety and welfare. Thus
it is found and required that:
A.
All acceptable solid waste, other than construction and demolition debris, yard waste and recyclables regulated pursuant to Article VI of this chapter, that is generated or originated within the Town, including municipalities located wholly therein, subject to such exemptions as provided in Subsection B below, shall be delivered to a Town Solid Waste Management Facility determined by the Commissioner for processing, transport and/or disposal.
B.
The Commissioner shall exempt from the provisions of Subsection A above, all acceptable solid waste collected by or on behalf of municipalities (including, for purposes of this section, Independent Sanitary Districts) that are not located within the Disposal District, provided that such municipality shall demonstrate that it has made disposal arrangements for solid waste, recyclable material and yard waste that are consistent with the Solid Waste Management Plan of the Town of Hempstead; and any and all persons or facilities employed by, or under contract with such municipality are authorized by law to accept the solid waste or other materials delivered by such municipality. An exemption granted pursuant to this section shall remain in effect pending a material change in the Town's Local Solid Waste Management Plan and/or a material change in the solid waste services provided by the municipality that results in an inconsistency with the Solid Waste Management Plan or the employment of persons or facilities that are not authorized by law to accept the materials delivered by the municipality. A municipality receiving an exemption pursuant to this section shall provide regular reports to the Commissioner of all tonnage and materials collected and disposed by such municipality, said reports to be in a format determined by the Commissioner.
C.
Except as may be provided by the Commissioner, no person required
to hold a license pursuant to this chapter or regulation adopted hereunder,
may dispose of any solid waste within the Town or at a facility designated
by the Town without such a license.
D.
No person holding or required to hold a license pursuant to Chapter 128 shall deposit, deliver, store or process any solid waste generated or originated within the Town at other than a Town Solid Waste Management Facility or other facility approved by the Town.
E.
Nothing contained in this chapter shall be deemed or interpreted to prohibit any municipality located within the Town from engaging in the collection or transportation of solid waste originated, generated or located within such municipality; provided, however, that all solid waste so collected and transported shall be disposed of only at a Town Solid Waste Management Facility pursuant to Subsection A, or pursuant to an exemption granted by the Commissioner pursuant to Subsection B above.
F.
Nothing contained in this chapter shall be deemed or interpreted
to prohibit the Town or municipalities from adopting or implementing
programs to reduce the volume of solid waste, including composting
and recycling programs.
G.
Notwithstanding the provisions of this article, no license shall
be required for the collection, within the Town, and/or disposal,
at a recycling center, of recyclables, within the Town pursuant to
a recycling program adopted by the Town or a municipality.
H.
Nothing contained in this chapter shall be deemed or interpreted
to exempt any person from any other applicable permit or licensing
requirements or rules or regulations not inconsistent with this article
of the Town, municipalities within the Town or any other governmental
entity.
I.
Except as may be provided by the Commissioner, no person shall enter
into a contract for collection, transportation or disposal of solid
waste generated within the Town, including municipalities, with a
person required to be licensed, pursuant to this chapter or regulations
adopted hereunder, unless such person holds such a license.
J.
The Commissioner shall have the authority to suspend enforcement
of this section in the event of an emergency or other circumstance
prohibiting the acceptance of waste at a Town Solid Waste Management
Facility.
K.
Upon application to the Commissioner, the Commissioner may permit
a licensee, prior to delivery to the Town Solid Waste Management Facility,
to examine and remove components of the solid waste, which are more
appropriately recycled. This is subject to state and federal rules,
regulations and statutes governing same.
(1)
Notwithstanding any other provision of this article, the Commissioner
may, upon written application therefor, authorize a licensee to deliver
waste collected within the Town to an authorized facility for the
post-collection recovery of recyclable materials, if the Commissioner
finds that such delivery will substantially supplement recovery of
recyclables generated by a customer where the source separation of
recyclables by such customer is inadequate or impractical; and the
licensee provides an accounting of the materials recovered and an
acceptable plan for the disposal of nonrecyclable materials collected
from the same source. Any application for such approval shall specify
the customers to be served and the collection routes and facilities
to be employed, together with such other information as the Commissioner
may reasonably require, and provided further that all activity authorized
shall be in compliance with applicable state and federal laws, rules
and regulations. The Commissioner may, on a case-by-case basis, attach
reasonable conditions to any such approval, and may revoke an approval
if he finds that the approval has not resulted in a substantial recovery
of recyclables materials, that nonrecyclable solid waste is not being
disposed of pursuant to the approved plan, or that any other violation
of law has occurred.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
A.
Reporting of route and schedule changes. All persons granted licenses for the collection of solid waste pursuant to § 128-10 shall, upon request from the Commissioner, provide a list of any changes to the daily route and pickup schedule set forth in the permit application. Such list shall be in writing and provided to the Commissioner within five calendar days of the request. The Commissioner shall promptly notify the Town Clerk of any such changes.
B.
Global Positioning System. In the event the Commissioner determines
that a licensee is failing to comply with the provisions of this article,
he may require as a condition of retention of the license that the
licensee install a Global Positioning System in all licensee's vehicles.
Within 30 days of receiving notification from the Commissioner that
such a requirement is being imposed, the licensee shall install and
maintain equipment provided by the Commissioner for the tracking of
collection vehicles by satellite or other means. Such equipment shall
be coordinated with equipment and systems maintained by the Department
to provide real-time locations for all licensee collection vehicles
operating within the Town. It shall be the responsibility of the licensee
to bear the cost of the GPS system. There shall be a charge for the
GPS unit and installation, which charge shall be paid by licensee
prior to the installation by the Department's vendor. In addition,
there shall be an annual monitoring fee which shall be established
annually by the Commissioner and billed on a monthly basis. This section
shall not apply to roll-off vehicles used for the collection of construction
and demolition debris. Failure to pay for the cost of the GPS system
or the monthly monitoring fee shall result in revocation of the license
upon 30 days' notice to licensee.
C.
Container registration. All persons granted licenses for the collection of solid waste pursuant to § 128-10 shall provide, in addition to the information required pursuant to § 128-10C, a list of all containers, including compactor-containers, provided to nonresidential or multiunit residential customers in the Town for the collection of solid waste, together with the volume of each container and the frequency of collection. The Department shall provide an identification decal or medallion for each registered container, which shall be affixed to the container by the licensee. The Commissioner is authorized to charge a fee of $2.50 per container for the issuance of an identification decal or medallion. The placement of an unregistered container for the collection of solid waste at any location within the Town shall be prohibited. This section shall not apply to the use or placement of open roll-off containers for the collection of construction and demolition debris.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
A.
No hazardous waste or unacceptable waste shall be delivered by any
person to a solid waste management processing facility or any other
disposal facility designated by the Town.
B.
Solid waste not acceptable for disposal at Town Solid Waste Management
Facilities are:
(1)
Hazardous wastes.
(2)
Wastes designated by NYSDEC as having an adverse impact on air quality.
(3)
Sewage sludge or free liquids.
(4)
Infectious waste, including but not limited to laboratory waste and
surgical wastes.
(5)
Such other waste as the Commissioner may subsequently, by regulation,
designate.
The Commissioner shall, from time to time, promulgate regulations
relating to source separation and recycling which shall:
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
The charges for use of Town Solid Waste Management Facilities
shall be fixed, from time to time, by the Commissioner.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
A.
It shall be the responsibility of the Commissioner, in consultation
with the Town Attorney, to enforce the provisions of this article
and all rules and regulations promulgated hereunder. Such enforcement
shall be by such legal or equitable proceedings, including without
limitation damages or for injunction or specific performance, brought
in the name of the Town of Hempstead, as may be provided or authorized
by law.
B.
Any person who violates any of the provisions of or who fails to
perform any duty imposed by this article or any rule or regulations
promulgated pursuant thereto or any final determination or order of
the Commissioner or Town Board made pursuant to this chapter shall
be liable for a civil penalty not to exceed $1,500 for a first offense.
For a second violation occurring within three years of the first,
a penalty not to exceed $2,000 will be assessed. A third violation
occurring within five years of the first will call for a revocation
of all licenses and permits issued pursuant to this chapter. In the
case of any violation established hereunder, in addition to any civil
penalty imposed, or in lieu of the revocation of the license of the
violator, the Commissioner may impose reasonable conditions upon the
license held by the violator in order to aid in enforcement of this
article or to address any special circumstances recognized in connection
with the violation.
C.
Proceedings to establish violations of this article in which license revocation is not authorized shall be held before the Commissioner or his/her designee. Proceedings to establish violations of this article that may result in the revocation of the license of the person charged shall be held in accordance with the hearing procedures set forth in § 128-83 of this chapter.
D.
In all proceedings to enforce the provisions of this article, there
shall be rebuttable evidentiary presumptions that:
(1)
The placement of a solid waste container that is marked or identified
with the name of any person holding or required to hold a license
for the collection of solid waste pursuant to this chapter at any
location within the Town shall be presumptive evidence that such person
is providing solid waste collection service at said location.
E.
In all proceedings to enforce the provisions of this article, the
person accused shall have the right to be represented by counsel.
Witnesses shall be examined under oath and subject to cross-examination.
A stenographic record shall be kept. Evidence submitted shall be relevant
and may include evidence as to the past performance of the license
holder. Hearsay evidence shall be admissible, but shall be accorded
such weight as the presiding officer deems appropriate, consistent
with its reliability. Findings of fact shall be made by the presiding
officer, in writing, upon a preponderance of the evidence.
Regulations, pursuant to this chapter, shall be promulgated
in accordance with the procedures set forth in this section. The Commissioner
shall:
A.
Publish notice of the proposed regulations in at least one newspaper
of general circulation.
B.
Allow a thirty-day period to receive comments on such proposed regulations
and an additional five days to review such comments before publishing
a final notice of such regulations.
C.
Prior to the effective date of such regulations, submit to the Town
Clerk final notice of such regulations with comments filed pursuant
to this section, findings relating to material substantive elements
in such comments and a justification for the necessity of such regulations.
[Amended 3-6-2012 by L.L. No. 26-2012, effective 3-13-2012]
Pursuant to Chapter 797 of the Laws of 1985 of the State of
New York, this article takes precedence over and shall supersede any
inconsistent provisions of any local law enacted by the Town or any
municipality within the Town.
If any provision of this Article or the rules and regulations
promulgated hereunder or any directive, order or instruction given
by anyone authorized to enforce this Article shall be adjudged to
be invalid by any court of competent jurisdiction, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the particular provision, rule or regulation
involved.
