[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]
A. 
The charge for disposing of solid waste at the Town solid waste disposal complex shall be as established by resolution of the Town Board.[1]
[Amended 3-12-1991 by L.L. No. 1-1991]
[1]
Editor's Note: Said fees are on file in the Town Clerk's office.
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.
[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.