[Adopted 3-15-2022 by L.L. No. 3-2022]
[1]
Editor's Note: Former Article XVII, Highway Department, adopted 11-25-2008 by L.L. No.
12-2008, was repealed 3-15-2022 by L.L. No. 2-2022.
This article shall be known as "Town of Oyster Bay Sanitation
Department Law."
The purpose in creating the Sanitation Department is to effectively
manage all sanitation collection operations, including, but not limited
to, all of the functions relating to garbage and refuse collection
throughout the Town of Oyster Bay, to supervise, implement, manage
and coordinate all recycling collection programs within the Solid
Waste Disposal District, and to inspect, manage, control and monitor
all municipal solid waste generated within the Town of Oyster Bay
Solid Waste Disposal District.
A.Â
Whenever used in this article, words used in the singular include
the plural and vice versa.
B.Â
All words used in the present tense include the past and the future
tense. Words used in the masculine gender include the feminine and
neuter, and vice-versa, unless the natural construction of the wording
indicates otherwise.
C.Â
COMMISSIONER
DEPARTMENT
DEPUTY COMMISSIONERS
SUPERVISOR
As used in this article, the following terms shall have the meanings
indicated:
The Commissioner of the Sanitation Department, who shall
also be known as the Commissioner of Sanitation, and who shall be
the chief executive officer of the Department.
The Town of Oyster Bay Sanitation Department, which shall
perform a major function of Town government.
The two Deputy Commissioners of the Town of Oyster Bay Sanitation
Department, who shall generally act for and in place of the Commissioner.
Supervisor of the Town of Oyster Bay.
There shall be in the Town of Oyster Bay a Sanitation Department.
The principal executive officer and administrative head of said Department
shall be the Commissioner of Sanitation, who shall be appointed by
the Town Board at such salary as may from time to time be fixed by
the Town Board. The Commissioner shall be appointed on the basis of
his administrative experience and qualifications for the duties of
such office and such additional standards as may be required by the
Town Board. The Commissioner shall be the head of the Department with
the power and authority to appoint and remove officers and employees
under his jurisdiction in accordance with the Civil Service Law and
other applicable laws.
The Commissioner is empowered herein to appoint two deputies
who shall generally act for and in his behalf and who shall perform
such duties as are vested in and imposed upon that office by the provisions
of this article, by statute or by other lawful authority.
Before entering upon the duties of the office, the Commissioner
shall execute and file an official undertaking, if the same shall
be required by the Town Board, in such sum as prescribed by the Town
Board and in such form as approved by the Town Attorney. Except as
otherwise provided for herein, the Commissioner of Sanitation shall
have charge of the administration of the Department.
The Commissioner shall have such powers as shall be necessary
for the proper administration of the Department consistent with applicable
provisions of law. Until such time as the same may be either amended
or modified, the Department shall be divided into the following Division(s):
A.Â
The powers and duties of each such Division therein shall be under
the administration, direction and control of the Commissioner of Sanitation
and each such Division shall be supervised by a division head who
shall be designated as superintendent or other appropriate title.
B.Â
The Commissioner may, with the approval of the Town Board, establish,
consolidate or abolish any divisions now existing or hereafter created
in said Department and establish, consolidate or abolish any bureau
now existing or hereafter created in any such division.
The Sanitation Division of the Department of Public Works, existing
prior to the enactment of the legislation herein, is hereby transferred
in its entirety, including all property, equipment and budgetary appropriations,
to the Sanitation Department. The employees of said Division shall
be continued as employees in the Sanitation Department with the same
classifications, pension and retirement rights and privileges as they
had immediately prior to such transfer.
The Divisions of the Sanitation Department shall be as follows:
A.Â
Division of Administration. To administer, supervise, manage, implement,
initiate and direct all matters concerning the Office of Administration
of the Sanitation Department. To develop, implement and coordinate
public education and community outreach with regard to recycling and
solid waste reduction. To assume responsibility for all personnel
records and actions for the Department. To plan and coordinate policies,
procedures and programs concerning personnel. To provide, manage and
maintain all telephone communication services and permitting processes
for the Department. To assume responsibility for accounts and processes
for payment of all claims as well as maintaining records of said claims
and petty cash. To coordinate data from divisions for preparation
of the fiscal budget for the Department. The division head of the
Division of Administration acts as liaison for the Commissioner of
Sanitation with all divisions and bureaus of the Sanitation Department
as well as all departments within the Town of Oyster Bay.
B.Â
Division of sanitation collection and recycling. To perform, direct
and supervise all sanitation collection operations, including, but
not limited to, all of the functions relating to garbage and refuse
collection, and exercise such powers and perform such duties as are
prescribed by local law, ordinance, rules or regulations pertaining
to collection and conveyance of garbage and refuse within the Town.
This division shall also supervise, implement, manage and coordinate
all recycling collection programs within the Solid Waste Disposal
District, including residential curbside collection programs and Town
government office building recycling projects.
C.Â
Division of solid waste. To plan, undertake and oversee the daily
operations at the Old Bethpage Solid Waste Disposal Complex and any
other solid waste management facility or facilities operated now or
in the future by the Town; to supervise and manage the weighing, processing,
disposal and management of municipal solid waste delivered to the
Town; and to inspect, manage, control and monitor all municipal solid
waste generated within the Town of Oyster Bay Solid Waste Disposal
District.
A.Â
The Commissioner, acting by and through any of the existing or hereafter
created divisions, shall be empowered to perform such other duties
and functions that are prescribed to be performed by him in any law,
ordinance or resolution of the Town Board or lawful directive of the
Supervisor. The Commissioner may delegate his authority to or direct
any of his duties to be performed to a Deputy Commissioner or head
of a division.
B.Â
The Commissioner is hereby authorized and empowered, subject to the
prior approval of the Town Board, except that such prior approval
will not be required in cases of emergency, to retain and employ private
engineers, architects and consultants, or firms practicing such profession,
for the purposes of: preparing designs, plans and estimates of structures
or projects of any type and character; rendering assistance and advice
in connection with any project, whether defined or proposed and under
the supervision of the Sanitation Department; and performing administration
of the Department.
All costs and expenses incurred by the Department or its officers
or employees on behalf of a special 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.
Nothing herein contained shall be construed to delegate or transfer
any power of the Town Supervisor contained in §§ 29,
52 and 125 of the Town Law of the State of New York or any other powers,
which may be lawfully exercised by said Supervisor.
The Commissioner may establish a schedule of fees to be collected
by him for the filing in his office or department of any map or written
instrument required to be so filed; the preparation of any copy of
a map or written instrument filed in his office or department; for
certifying any such map or written instrument; and for any other service
rendered in connection with the work of his department and for which
he deems it necessary to charge and to collect a fee therefore.
