[Amended 3-25-1975; 3-4-1976; 4-30-1985; 6-3-1986; 1-13-1987]
Only residents of the Town of Oyster Bay Solid Waste Disposal
District shall be entitled to bring or send solid waste which has
been generated from within the Town of Oyster Bay Solid Waste Disposal
District to the Town solid waste disposal complex.
[Amended 3-25-1975; 3-4-1976; 4-30-1985; 6-3-1986; 1-13-1987]
A.
For the purpose of this section and this Part 1, solid waste which was generated outside the Town of Oyster Bay Solid Waste Disposal District and which is subsequently sent or brought to a solid waste transfer station within the Town of Oyster Bay Solid Waste Disposal District, whether or not such transfer station is duly permitted by the State of New York, shall not be considered to be solid waste generated from within the Town of Oyster Bay Solid Waste Disposal District and as such is specifically prohibited from being brought or sent to the Town solid waste disposal complex.
[Amended 7-26-2005 by L.L. No. 5-2005]
B.
Only persons in the business of collecting, transporting and/or disposing
of solid waste and having secured the proper permits required by this
Part 1 from the Town Clerk and having collected solid waste only from
within the Town of Oyster Bay Solid Waste Disposal District shall
be entitled to bring or send solid waste to the Town solid waste disposal
complex.
C.
The Town Board may, by resolution, authorize the State of New York,
the County of Nassau and any agency or department thereof or any other
governmental agency to bring or send solid waste which was generated
from within the Town of Oyster Bay Solid Waste Disposal District to
the Town solid waste disposal complex without consideration of fee
or for such consideration of fee and upon such terms and conditions
as shall be approved by said Board.
[Amended 9-25-1973; 3-19-1974; 3-9-1976; 1-13-1987; 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
The Commissioner of Sanitation, subject to the approval of the
Town Board, shall establish the days and hours of operation at the
Town solid waste disposal complex and may from time to time change
such days and hours of operation as is necessary for the orderly delivery
and disposal of solid waste.
[Amended 4-30-1985]
Whenever a person engaged in the business of collecting, transporting
and/or disposing of solid waste who has a permit issued pursuant to
this Part 1 and any servant, agent, employee or representative thereof,
offers a load of material for receipt and acceptance by the Town at
its solid waste disposal complex, the permittee and the individual
offering the load on his behalf shall be deemed by the offer to represent
and warrant, for the purpose of inducing receipt and acceptance of
the load of material by the Town in reliance thereon, that every part
and portion and all the load complies in every particular with all
applicable provisions of this Part 1. Such person shall also be deemed
by such offer to represent that it is not practical to dump the load
first, separate and apart from all other materials at the location,
in order to determine that the load is not acceptable.
At any time and without notice or warning in advance, any and
every disposal location under the charge and control of the Town may
be closed down indefinitely or discontinued entirely or continued
open and in operation only to receive materials collected by the town,
whenever in the opinion of the Town Board any such action is in the
town's interest and it shall take such action when it deems it appropriate
in the town's interest.
[Amended 4-30-1985]
Material will be received and accepted at the Town solid waste
disposal complex only when delivered in a vehicle displaying permit
decals or tags issued pursuant to this Part 1 and whose operator then
has in his possession a waste removal permit issued for the particular
vehicle pursuant to this Part 1.
[Amended 5-9-1972; 12-10-1974; 3-9-1976; 11-15-1977; 1-17-1978; 1-9-1979; 1-15-1980; 10-28-1980; 1-26-1982; 6-22-1982; 10-5-1982; 1-24-1984; 8-28-1984; 4-30-1985; 1-28-1986; 6-3-1986; 6-17-1986; 1-13-1987; 7-21-1987; 1-26-1988]
B.
The charge, if any, for disposal of recyclable materials shall be
set by the Town Board by resolution, provided that such materials
are separated from all other types of solid waste and delivered in
accordance with the terms and conditions set forth by the Commissioner
of Sanitation.
[Amended 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
C.
Clean fill may be accepted at no charge from any person, regardless
of the origin of such material and regardless of whether or not such
person has been issued a valid waste disposal permit, when such materials
are usable by the Town at the Town solid waste disposal complex.
[Amended 12-19-1989; 6-5-1990]
D.
Residents who maintain a domicile within the Town of Oyster Bay Solid
Waste Disposal District who bring rubbish or bulky items to the Town
solid waste disposal complex for disposal from their homes during
times designated for such disposal shall be entitled to dispose of
up to one ton of rubbish or bulky items at no charge.
E.
Type III permit holders, in addition to the fee set forth in Subsection A of this section, shall be charged an additional fee as established by resolution of the Town Board for disposal of solid waste at the Town solid waste disposal complex.[2]
[Amended 3-12-1991 by L.L. No. 1-1991]
[2]
Editor's Note: Said fees are on file in the Town Clerk's office.
F.
There shall be no charge for solid waste delivered to the Town solid
waste disposal complex by any Town Department or Division, or any
agent of such Department or Division.
[Amended 11-25-2008 by L.L. No. 12-2008; 3-15-2022 by L.L. No. 2-2022; 3-15-2022 by L.L. No. 3-2022]
G.
Landscape material.
[Amended 3-12-1991 by L.L. No. 1-1991]
(1)
Landscape material consisting of grass clippings, prunings, leaves,
tree branches, trunks, stumps or roots by landscape contractors shall
not be accepted for disposal until after an annual permit is purchased
by such contractor for the sum as established by resolution of the
Town Board.[3] Upon the filing of an affidavit and such proof as may
be required by the Town Clerk, a substitute permit and/or decal or
replacement of a lost permit and/or decal may be issued upon the payment
of a fee as established by resolution of the Town Board.
[3]
Editor's Note: Said fees are on file in the Town Clerk's office.
(2)
In addition to the permit fees established in Subsection G(1) of this section and notwithstanding any other provisions of this Part 1, the charge for disposing of landscape material described in Subsection G(1) of this section by landscape contractors shall be as established by resolution of the Town Board. The minimum fee for the disposal of such landscape material by landscape contractors shall be as established by resolution of the Town Board.[4]
[4]
Editor's Note: Said fees are on file in the Town Clerk's office.
H.
Any charge set forth in this section may be changed at any time and
from time to time by resolution of the Town Board whenever, in the
opinion of the Town Board, such change is in the best interest of
the Town.
I.
Except as otherwise provided herein, the minimum fee for the disposal of solid waste at the Town solid waste disposal complex shall be the charge for disposal of one ton of solid waste as determined by Subsection A of this section.[5]
[5]
Editor's Note: Former Subsection J, which immediately followed
this subsection, regarding disposal of dead animals, was repealed
12-19-1989 and 4-29-2008 by L.L. No. 6-2008.
[Amended 1-13-1987; 7-21-1987]
It shall be a violation of this section for any person to send,
deliver, offer to dispose of, dispose of or in any way discharge or
attempt to discharge any of the following materials at the Town solid
waste disposal complex:
A.
Hazardous waste.
B.
Industrial waste.
C.
Potentially infectious waste.
[Amended 3-12-1991 by L.L. No. 1-1991]
D.
Biological waste.
E.
Ash residue from the incineration of potentially infectious or biological
waste.
[Amended 3-12-1991 by L.L. No. 1-1991]
F.
Radioactive materials.
G.
Any liquids.
H.
Motor vehicles and motor vehicle parts.
I.
Combustible materials.
J.
Flammable materials.
K.
Pressurized gas cylinders or tanks.
L.
Explosives and ammunition.
M.
Any residue, including soot, from the cleaning of oil, kerosene,
coal or any other fuel-burning appliance, furnace, burner, boiler,
fireplace or stove or from the chimney, stovepipe or flue of such
device.
N.
Any other material which the Commissioner of Sanitation shall determine
does or potentially could jeopardize the safety of Town employees
or the public.
[Amended 3-15-2022 by L.L. No. 3-2022]
[Added 10-13-1992; amended 7-26-2005 by L.L. No. 5-2005]
It shall be a violation of this section for any person or entity
solely or primarily engaged in the business of waste management and
holding a Type I permit to collect, transport, deliver or otherwise
dispose of uncontaminated corrugated cardboard at the disposal facility
of the Town of Oyster Bay except for the purpose of recycling such
material.
[Added 1-28-1986]
It shall be unlawful for any person to deliver or cause to be
delivered solid waste to the Town solid waste disposal complex in
any vehicle or truck or trailer or combination of such vehicles of
more than 120,000 pounds in gross weight, as such term is defined
in § 117 of the New York State Vehicle and Traffic Law.
[Amended 4-30-1985; 7-21-1987; 12-19-1989]
Hypodermic syringes must be noninfectious, and all parts must
be deposited in a metal or other similarly rigid container so as to
prevent the parts from falling out.
[Added 3-9-1976; amended 1-15-1980]
No scavengers or salvaging activity by unauthorized personnel
is permitted at any Town facility.
[Amended 2-8-1977; 1-28-1986; 1-13-1987]
A.
Any person who violates the provisions of § 201-43 of this article shall be responsible for the removal and proper disposal of any and all hazardous waste, industrial waste, potentially infectious waste or biological waste left by that person or his agent at the Town solid waste disposal complex or to make arrangements for such removal and proper disposal in a safe and prompt manner in accordance with all applicable laws, rules, regulations and ordinances regarding the transportation and disposal of such waste.
[Amended 3-12-1991 by L.L. No. 1-1991]
B.
In the event that said hazardous waste, industrial waste, potentially
infectious waste or biological waste is mixed with other nonhazardous,
nonindustrial and nonpotentially infectious waste at the time it is
sent, delivered, offered for disposal, disposed of or in any way discharged
or attempted to be discharged at the Town solid waste disposal complex,
the entire load shall be removed in accordance with the provisions
of this section.
[Amended 3-12-1991 by L.L. No. 1-1991]
C.
In the event that such person fails to remove or make arrangements
for the removal of such materials within a reasonable period of time,
the Commissioner of Sanitation is hereby authorized to remove and
dispose of such materials and all expenses incurred by the Town for
such removal and disposal shall be the responsibility of the person
or persons who sent, delivered, offered for disposal, disposed of
or in any way discharged or attempted to discharge such materials.
[Amended 3-15-2022 by L.L. No. 3-2022]
[Added 6-5-1990]
A.
Any person who delivers, causes to be delivered, disposes of, offers to dispose of or in any way discharges or attempts to discharge any materials at the Old Bethpage Solid Waste Disposal Complex which he represents to be clean fill at no charge pursuant to § 201-42C, which, in fact, contains any materials other than those defined as "clean fill" heretofore, shall be deemed to have committed an offense against this article and shall be subject to the penalties provided in § 201-50 herein.
B.
In addition to the penalties provided in § 201-50 herein, any person who delivers or causes to be delivered any materials which the Town determines not to constitute clean fill shall be responsible for the immediate and lawful removal of the entire load. Such removal shall be at the person's expense.
C.
In the event that such person fails to remove or make arrangements
for the timely removal of such materials within a reasonable period
of time, the Commissioner of Sanitation is hereby authorized to remove
and dispose of such materials, and all expenses incurred by the Town
in such removal and disposal shall be the responsibility of the person
or persons who sent, delivered, offered for disposal, disposed of
or in any way discharged or attempted to discharge such material.
[Amended 3-15-2022 by L.L. No. 3-2022]
[Added 1-13-1987; amended 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
The Commissioner of Sanitation is hereby authorized to refuse
to accept any materials offered for disposal at the Town solid waste
disposal complex if, in his discretion, such material or materials
present unusual problems in the handling, processing, shipping or
disposal of such material or materials.
[Added 1-13-1987; amended 7-26-2005 by L.L. No. 5-2005; 3-15-2022 by L.L. No. 3-2022]
Where a reasonable basis exists for the belief that a material
disposed of or offered for disposal at the Town solid waste disposal
complex contains or may contain a hazardous waste, the Commissioner
of Sanitation is hereby authorized to require that the person who
disposed of or offered to dispose of such material have such material
tested for its toxicity content by an independent laboratory in accordance
with testing procedures and protocols approved by the United States
Environmental Protection Agency and/or the New York State Department
of Environmental Conservation. Such testing shall be at the sole expense
of the person who disposed of or offered to dispose of such material.
[Amended 3-7-2023 by L.L. No. 4-2023]
In addition to subjecting a permit issued pursuant to this Part 1 to a suspension or revocation, any person committing an offense against this article shall be guilty of a violation. Such an offense shall be punishable by a fine not exceeding $1,000 or imprisonment for not more than 15 days, or both such fine and imprisonment. Any person found by the Bureau of Administrative Adjudication to have violated any provision of this article shall be subject to a monetary penalty within the range of fines authorized by this article.
