[Adopted 9-22-1992 by L.L. No. 42-1992, effective 9-28-1992]
A.
The Town of Hempstead declares that the reduction of the amount of
solid waste and the conservation of recyclable materials are important
public concerns.
B.
It is the policy of the Town Board to reduce the amount of solid
waste generated, to reuse material for the purpose for which it was
originally intended or recycle material that cannot be reused, to
recover energy from solid waste that cannot be economically or technically
be reused or recycled and to ensure that only treatable solid waste
is delivered to the Town of Hempstead waste-to-energy facility. The
separation and collection of newspaper, glass, cans, plastic containers,
yard waste and other materials for recycling from a residential premises
and these materials, together with office paper and cardboard from
commercial, industrial and institutional establishments in the Town,
will protect and enhance the Town's physical and visual environment
as well as promote the health, safety and well-being of persons and
property within the Town.
C.
By adoption of this chapter, the Town ensures conformance with the
New York State Solid Waste Management Act of 1988[1] and facilitates the development and implementation of
a solid waste management plan for the Town. The promotion and use
of recyclable materials, goods produced from recyclable materials
and goods which facilitate recycling will further serve the same purpose
by encouraging and facilitating recycling.
[1]
Editor's Note: See Environmental Conservation Law, §
27-0106 et seq.
The Town of Hempstead finds that:
A.
The Town of Hempstead is the accepted planning unit for the development
of a Solid Waste Management Plan (SWMP) and a Comprehensive Recycling
Analysis (CRA) required by the New York State Department of Environmental
Conservation in connection with permits to accept solid waste at the
Hempstead Resource Recovery Facility (HRRF) or a Town solid waste
transfer station.
B.
The Town has identified residential, multiresidential complexes and
commercial recyclables to be separated from the waste stream. Independent
sanitary districts and incorporated villages which are part of the
Town SWMP and CRA should adopt recycling laws and/or practices compatible
with the Town regulations set forth in this Article.
C.
Based on existing markets for alternate uses, the Town has identified
newspapers, glass bottles and jars, metal food and beverage containers,
plastic food and household products, high-density polyethylenes and
polyethylene terephthalate containers, yard waste, metal objects and
construction and demolition debris as reusable or recyclable products
that must be separated from all Town solid waste. Cardboard and office
paper have been additionally identified for commercial recycling.
D.
Independent sanitary districts and incorporated villages located
within the geographical boundaries of the Town should adopt or implement
similar laws or regulations to comply with this Article and New York
State Law.
E.
All provisions of this Article or regulations hereunder shall be
consistent with standards established pursuant to the New York State
Environmental Conservation Law.
F.
The Town will accept and market all recyclables material, except
yard waste and construction and demolition debris from independent
sanitary districts and incorporated villages upon the execution of
an intermunicipal agreement between the Town of Hempstead and the
governing body of each entity.
G.
Commercial establishments who elect not to participate in a curbside
recycling collection program in Town Solid Waste Collection Districts
Nos. 3, 4 and 5 must collect and market their own recyclables.
H.
By enacting this Article VI, the Town Board confers upon the Commissioner the power to adopt regulations which will implement this Article and any municipal recycling agreement to further the goals of this Article and to determine, from time to time, when economic markets for alternate use for materials hereunder identified and other recyclable products exist.
As used in this Article, the following words or phrases shall
have the meanings annexed to each:
Furniture (other than metal), mattresses, carpeting, heavy
lumber, logs in excess of six inches in diameter weighing less than
75 pounds and measuring less than four feet in length and similar
burnables. Tires and car batteries are excluded from collection.
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
shall not mean wax-coated or soiled cardboard.
Bricks, concrete and other masonry materials, soil, rock,
wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos
insulation, roofing shingles, asphaltic pavement, glass mirrors, windows,
housewares, etc., electric wiring and components and metal that is
incidental to any of the above.
Those markets that exist when the full avoided costs of proper
collection, transportation and disposal of source-separated materials
are equal to or greater than the costs of collection, transportation
and sale of said materials less the amount received from the sale
of said materials.
Includes all clear (flint), green and brown (amber) colored
glass containers.
Includes but are not limited to major appliances, steel file
cabinets, hot-water heaters, water storage tanks, steel doors and
windows, water softeners, oil storage tanks, lawnmowers, snowblowers,
bicycles, metal bedsprings, furnaces, metal furniture and small metal
appliances, tools and utensils. Propane tanks are excluded from "metal
recyclables" as defined herein.
Four or more residential units located on a single property
or continuous properties under common ownership, control or management.
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designed for use as a separate residence,
and shall include, but not be limited to, an apartment, condominium
unit, townhouse cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse, but shall not include
rooms within a single-family residence, motel or hotel.
Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
All high-grade office paper, fine paper, bond paper, xerographic
paper, mimeo paper, duplication paper, school paper, junk mail, computer
paper, but shall not mean newspaper, was paper, plastic- or foil-coated
paper, styrofoam wax-coated food and beverage containers, carbon paper,
blueprint paper, food-contaminated paper, soiled paper and cardboard.
Containers composed of high-density polyethylenes, polyethylene
terephthalate or other specific plastics as the Commissioner may designate
which contain or formerly contained only food and/or beverage and/or
household substances.
Includes newspapers, 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- or post-separated designated recyclable materials.
To separate recyclable materials from the solid waste stream
at the point of waste generation.
Solid Waste Collection Districts Nos. 3, 4 and 5 located
within the unincorporated areas of the Town of Hempstead.
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 yard or garden
waste.
A.
The Commissioner shall be solely responsible for the supervision
and regulation of the collection of recyclable materials generated
or located within Town Solid Waste Collection Districts Nos. 3, 4
and 5 and establish from time to time, such regulations as may be
necessary.
B.
The Commissioner shall act pursuant to the standards established
in this Article.
A.
There shall be mandatory source separation of newspapers, glass bottles
and jars and metal food and beverage cans, plastic food and household
product containers made from high-density polyethylenes or polyethylene
terephthalate plastics, yard wastes, metal recyclables and construction
and demolition debris.
B.
Methods of collection:
(1)
The Department of Sanitation shall provide recycling containers to
each household located within a Town solid waste collection district.
(2)
It shall be the responsibility of all residents to separate recyclables
from all residential solid waste and place them out for collection
in accordance with the following procedures:
(a)
Prior to placement for collection and removal, glass, metal
and plastic containers shall be cleaned, contents removed therefrom
and caps removed and discarded.
(b)
Glass, metal and plastic containers shall only be placed in
the recycling container provided.
(c)
Newspapers shall be either tied with string or placed in a paper
bag and set at the curb beside the recycling container.
(d)
Metal recyclables other than can containers shall be separated
from residential solid waste. An appointment for a special pickup
date shall be arranged with the Department of Sanitation when a considerable
amount of material has been separated. Propane tanks will not be acceptable
for collection.
(e)
Construction and demolition debris will be collected by special
collection through a special pickup arranged with the Department of
Sanitation.
(f)
Yard waste must be separated from residential waste and placed
at the curb for collection on the yard waste only collection day established
by the Department of Sanitation. Residents are permitted to leave
grass clippings on the lawn. Commercial landscape gardeners must remove
the products of their work from the premises if not left on the lawn
for recycling.
(3)
The Commissioner is empowered to designate the day of the week or
scheduled date on which recyclables shall be collected.
In addition to the regulations for recycling at residential
premises, the following regulations shall also apply to multiresidential
complexes:
A.
The Department of Sanitation shall survey each multiresidential complex
and determine the best method of storage, collection and removal of
recyclables.
B.
The Commissioner shall be empowered to declare that because of size,
configuration or physical layout, a central storage area for collection
must be established at a location approved by the Commissioner.
C.
The Commissioner may direct that large appropriately colored plastic
containers or commercial-type containers be used for the storage and
collection of recyclables. These containers will be supplied by the
owner and must be compatible with Department collection equipment.
D.
Curbside collection will be required unless otherwise approved by
the Commissioner.
E.
The Commissioner is empowered to designate the day of the week or
scheduled date on which recyclables shall be collected.
A.
In addition to those materials required to be recycled in residential
and multiresidential complexes, including newspapers, glass, cans,
plastic containers, yard waste, metal and construction and demolition
debris, commercial establishments shall additionally be required to
recycle cardboard and office paper where there exist economic markets
for alternate uses for cardboard and office paper.
B.
A commercial establishment may, upon written application to the Commissioner, request relief from the requirements of Subsection A above. Upon receipt of such application, the Commissioner shall conduct a survey of such commercial establishment to determine if there is sufficient generation to warrant recycling of all identified recyclable materials and/or economic markets for alternate uses. If there is insufficient generation and/or insufficient economic market for alternate uses of a particular recyclable material, the Commissioner may issue an exemption.
D.
The Commissioner is empowered to designate the day of the week or
scheduled date on which recyclables shall be collected by the Department
of Sanitation.
E.
The Commissioner may direct that large appropriately colored plastic
containers be utilized for curbside collection of newspaper, glass,
cans and plastic containers by the Department of Sanitation.
F.
The arrangement for collection of office paper and cardboard shall
be the responsibility of the person who owns, manages or operates
the commercial, industrial or institutional establishment at which
these materials are generated (the "generator") or the person contractually
obligated to the generator to arrange for collection and disposal
of its solid waste. Said arrangements may include, without limitation,
direct marketing of office paper and cardboard, recycling contracts
with permitted solid waste collector/haulers for separate collection,
contracts with other persons for separate collection of any or all
office paper and cardboard recyclables or direct delivery to a recycling
center.
G.
Generators of recyclable material who use private carters or recyclers
for collection and marketing of recyclable materials must be provided
with sufficient containers by such private carters or recyclers to
meet the requirements of this Article.
H.
Commercial establishments shall provide written reports on a monthly
basis to the Commissioner containing the following information: the
identity of the recycler; the types of materials being recycled; the
quantities of the various materials recycled; and the markets for
the various materials, in order to provide updates and essential information
to the Town Solid Waste Management Plan.
Nothing in this Article shall be construed as preventing any
person from utilizing yard waste for compost, mulch or other agricultural,
horticultural, gardening or landscaping purposes.
A.
A recycling collection permit application shall be made to the Department
of Sanitation, in writing, on the form prescribed by the Commissioner,
which shall contain the following information:
(1)
The name and address of the applicant; specifying, in the case of
any unincorporated association, the names and addresses of each member
thereof, and, in the case of any corporation, the names and addresses
of each officer and director thereof.
(2)
If the applicant conducts business under a trade name or if the applicant
is a partnership, the application for a license must be accompanied
by a copy of the trade name or partnership certification duly certified
by the Clerk of the county in whose office the certificate was filed.
(3)
The age and citizenship of the applicant and each member thereof,
if an unincorporated association, and each officer and director thereof
if a corporation.
(4)
The experience of the applicant and each member thereof, if an unincorporated
association, and each director and officer thereof, if a corporation,
in the business of collection and disposal of refuse and similar material.
(5)
The number of recyclable collection vehicles to be operated by the
applicant and a description of each such vehicle, including the ownership
of the vehicle, the make, year, model of chassis and body type, the
cubic capacity or tare weight and color of vehicle, the current New
York State registration number and the community or communities in
which the vehicle will operate.
(6)
The location of any and all terminals proposed to be used by the
applicant for the storage of licensed vehicles and recyclables.
(7)
The applicant's proposed pickup schedule for buildings to be serviced
in the Town. Within 30 days of any changes in the pickup schedule,
the same shall be reported, in writing, to the Commissioner.
(8)
The name, address and telephone number, both day and night, of the
applicant or the person in charge of the business.
(9)
A listing of the present customers serviced.
(10)
The hours and days each vehicle will operate within the Town.
B.
The Commissioner reserves the right to request additional information
on the application for a permit which may be reasonable and necessary
to properly process the permit application.
C.
The Commissioner shall examine said application for compliance with
provisions of this Article. The Commissioner shall act to approve
or deny the application and shall notify the applicant, in writing,
of the permit application decision.
D.
A recycling collection permit shall be valid for a period of one
year and renewable on an annual basis.
A.
Application.
(1)
An application for recycling center permit shall be made in writing,
on the form prescribed by the Commissioner.
(2)
The application shall contain all relevant information described and required for a permit for the collection of recyclables as stated in § 128-74.
(3)
No permit shall be granted unless the applicant provides a valid
transfer station operating permit issued by the New York State Department
of Environmental Conservation for the proposed site and further provides
evidence that all applicable building zone ordinances and Building
Code requirements of the Town of Hempstead have been satisfied.
B.
A recycling center permit shall be valid for a period of one year
and renewable on an annual basis.
A.
A permit application for a construction and demolition debris processing
permit shall be in writing on the form prescribed by the Commissioner.
B.
The permit application shall contain all relevant information described and required for a permit for the collection of recyclables as stated in § 128-74.
C.
No permit shall be issued unless the applicant provides a valid construction
and demolition facility operating permit issued by the New York State
Department of Environmental Conservation for the proposed site and
further provides evidence that all applicable building zone ordinances
and Building Code requirements of the Town of Hempstead have been
satisfied.
D.
The granting of a permit shall require the applicant to provide the
Commissioner written reports on a monthly basis containing the following
information:
E.
A construction and demolition debris processing permit shall be valid
for one year and renewable on an annual basis.
Upon the granting of a permit for the collection of recyclables,
the person to whom such permit has been granted shall provide to the
Commissioner written reports on a monthly basis containing the following
information:
Independent sanitary districts and incorporated villages which
dispose of solid waste at the Town of Hempstead solid waste management
facility in accordance with this chapter shall provide monthly written
reports to the Commissioner on the quantities of the various recyclables
collected and marketed by all municipal and private carters and recyclers
under their jurisdiction.
[1]
Editor's Note: Former § 128-79, Exemption for recyclable
material, as amended, was repealed 3-6-2012 by L.L. No. 26-2012, effective
3-13-2012.
A.
For each application for a permit for collection of recyclables pursuant to § 128-74, the fee shall be $50. Such fee shall be nonrefundable.
B.
For each application for a permit for a recycling center pursuant to § 128-75, the fee shall be $100. Such fee shall be nonrefundable.
C.
For each application for a permit for construction and demolition debris processing pursuant to § 128-76, the fee shall be $100. Such fee shall be nonrefundable.
G.
There shall be a fee of $25 for the processing of a lost permit.
H.
Any vehicle licensed for the collection of solid waste in the Town
of Hempstead shall require a separate and additional license if additionally
utilized for the collection of recyclables.
It shall be unlawful for:
A.
Any person, other than those authorized in a Town solid waste collection district, incorporated village or independent sanitary district, to collect any recyclable materials without first obtaining a recycling collection permit pursuant to § 128-74.
B.
Any person to operate a recycling center for the separation of Town waste without first obtaining a recycling center permit pursuant to § 128-75.
C.
Any person to operate a construction and demolition debris processing facility without first obtaining a construction and demolition debris processing permit pursuant to § 128-76.
D.
Any person to violate or to cause or assist in the violation of any
provision of this Article or any implementing rule or regulation promulgated
by the Commissioner.
E.
Any person to hinder, obstruct, prevent or interfere with the Department
employees or any other authorized persons in the performance of any
duty under this Article or in the enforcement of this Article.
F.
Any person to collect solid waste from a residential premises and
dispose of solid waste which consists of recyclable materials combined
with other forms of solid waste.
G.
Any person to place recyclable material in a container that is destined
for collection as acceptable solid waste for delivery to a Town solid
waste management facility.
H.
Any person to place any materials that are unacceptable for treatment
at a waste-to-energy facility into a container that contains acceptable
solid waste and is destined for processing at said facility. This
includes, but is not limited, to metals, construction and demolition
debris, tires, bulky waste, medical waste and hazardous waste.
A.
The Commissioner shall have the authority to suspend or revoke any
permit issued under this Article in the following instances:
(1)
Where the Commissioner determines that there has been any false statement
or material misrepresentation contained in any part of the application
upon which the permit was based;
(2)
Where the holder of a permit is insolvent or has made a general assignment
for the benefit of creditors or has been adjudged a bankrupt or a
money judgment has been secured against him upon which an execution
has been returned wholly or partly unsatisfied;
(3)
Where the Commissioner determines that the permit was issued in error
and should not have been issued in accordance with the requirements
of this Article and/or other applicable law; or
(4)
Where the holder of a permit has violated any provision of this article.
B.
A permit suspended by the Commissioner may remain suspended for such
period of time that the Commissioner deems reasonable up to and including
90 days. During the period that the permit is suspended, the holder
thereof shall cease and desist from all activities permitted under
the permit.
C.
A written notice of suspension and a written notice of revocation
of a permit shall be served upon the holder of the permit. Said notice
shall be served personally or by certified mail, return receipt requested,
addressed to such person's last-known address; and if by certified
mail, a copy of the notice shall be posted on the permit holder's
premises as stated in the permit application.
A.
There hereby is constituted a Review Board, which shall consist of
the senior ranking Deputy Commissioner of the Department of Sanitation,
the Commissioner of the Highway Department and the Town Clerk. The
senior ranking Deputy Commissioner shall be Chairman of the Board.
The Commissioner shall have the authority to appoint such Deputy Commissioner
other than the Deputy Commissioner designated as a member of this
Board or other representative from the Department of Sanitation to
act in place of any Board member who may, from time to time, be unable
or unavailable to perform the duties of Board member.
B.
The holder of any permit which has been suspended or revoked and
any applicant who shall have been denied a permit under this article
may apply for a review of the action of the Commissioner by the Review
Board.
C.
The application for review shall be in writing, signed and acknowledged
by the applicant, and shall state the ground or grounds on which the
applicant claims that the determination of the Commissioner was erroneous.
D.
Said application shall be filed with the Review Board by the applicant
within 20 days after notice of denial of the application or suspension
or revocation of the permit by the Commissioner.
E.
Upon the filing of the application, a hearing shall be held pursuant
to the provisions hereof.
F.
The Chairman shall give notice thereof stating the name and address
of the applicant or permit holder concerned, the subject matter of
the hearing and the date, place and time thereof designated therefor,
by mailing a copy thereof to the applicant or permit holder concerned
at the address shown upon the most recent application of such applicant
or licensee, at least 10 days prior to said hearing.
G.
At the hearing, as hereinafter provided, the Review Board shall consider
the applicant's application upon the record before the Commissioner
in connection with the Commissioner's consideration therefor and,
in its discretion, may receive new or additional evidence in support
thereof or in opposition thereto.
H.
The applicant or permit holder involved shall be entitled to be represented
by legal counsel and to present such competent and material testimony
or other evidence in its own behalf as may be relevant to the subject
matter of the hearing.
I.
All witnesses shall be sworn and examined under oath.
J.
The Review Board, after the hearing, may affirm the action of the
Commissioner or direct the Commissioner to issue a proper permit pursuant
to this article.
A.
Notice of violation.
[Amended 5-10-2005 by L.L. No. 45-2005, effective 5-31-2005]
(1)
For a first offense against any provision of this article, except § 128-79 or 128-81A, B or C, the Commissioner shall cause to be served a written notice of violation upon the person determined to be in violation and/or the owner, occupant or person having control of the premises upon which the violation exists to comply with the provisions of this article. Such person and/or owner, occupant or person having control of the premises shall have 15 days from the date of the written notice of violation to comply with the provisions of this article.
(2)
The written notice of violation shall be by personal service or by
certified mail, postage paid, return receipt requested, and addressed
to such person's last-known address; and, if by certified mail, a
copy of the notice shall be posted on the premises.
B.
For a second offense against any provision of this article, except § 128-79 or 128-81A, B or C, a civil penalty of $100 shall be imposed, and/or the Town of Hempstead or any other authorized person collecting solid waste generated within this Town may refuse to collect solid waste from any person who has clearly failed to separate recyclable materials designated under § 128-70, 128-71 or 128-72, and the Town may refuse to accept solid waste containing recyclable material designated under an applicable section of this article at any solid waste disposal facility owned or operated by the Town.
[Amended 5-10-2005 by L.L. No. 45-2005, effective 5-31-2005]
C.
For a third offense and any additional offenses committed thereafter against any provision of this article, except for § 128-79 or 128-81A, B or C, a civil penalty of $250 shall be imposed for each offense, and/or the Town of Hempstead or any other person collecting solid waste generated within this Town may refuse to collect solid waste from any person who has clearly failed to separate recyclable material designated under § 128-70, 128-71 or 128-72, and the Town may refuse to accept solid waste containing recycling materials designated under an applicable section of this article at any solid waste disposal facility owned or operated by the Town.
[Amended 5-10-2005 by L.L. No. 45-2005, effective 5-31-2005]
H.
Each day of continued violation shall constitute a separate additional
offense.
I.
A civil penalty shall be served in the same manner as a notice of
violation.
K.
In addition to the penalties provided herein, the Town of Hempstead
may commence an action or proceeding, including but not limited to
the initiation of an injunctive action in a court of competent jurisdiction
to compel compliance with the provisions of this article.
If any clause, sentence, paragraph, subdivision, section or
part of this article is adjudged invalid by a court of competent jurisdiction,
the judgment shall not affect, impair or invalidate the remainder
of this article but shall be confined in its operation to the clause,
sentence, paragraph, section or part of this article that shall be
directly involved in the controversy in which such judgment shall
have been rendered.
