[HISTORY: Adopted by the Town Board of the Town of North
Castle 11-18-2015 by L.L. No. 9-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 241.
This chapter shall be known as the "Solid Waste and Recycling
Ordinance."
A.
The purpose of this chapter is to provide for the disposal of all
solid waste and recyclables generated in this municipality, in compliance
with federal and state standards for the control of air, water and
ground pollution, through participation in the Plan for Solid Waste
Management in Westchester County, New York, dated May 7, 1974, adopted
by the Westchester County Board of Legislators by Resolution No. 162-1974,
and to be consistent with the quantitative goals set forth in the
December 2010 report published by the New York State Department of
Environmental Conservation, "Beyond Waste: A Sustainable Materials
Management Strategy for New York State."
B.
The Town of North Castle seeks to maintain and promote the orderly
collection of solid waste and recyclables from residential and commercial
entities in the most efficient and economical manner possible, while
at the same time serving the public convenience and promoting the
recycling of glass, metal, plastics, newspapers, cardboard and other
designated materials. This chapter, therefore, embodies the Town's
standards, requirements and procedures for the regulation of solid
waste collection and recycling within the Town.
C.
Incremental steps are envisioned that will allow the Town to make
progress toward the above goals, which include the following elements
that may be implemented from time to time by the Town Board:
(1)
Data collection. The collection and analysis of information in hauler
monthly reports, which will enable the Town to develop baseline tonnage
information, to track progress toward waste reduction goals and for
comparison with data from other municipal, county, state and national
sources.
(2)
Waste reduction initiatives. The Town Board will encourage residents
and businesses to reduce generation of wastes by waste reduction initiatives
such as e-waste and scrap metal collection, Zero Waste Day, electronic
filings, backyard composting, recycling of textiles, etc.
As used in this chapter, the following terms shall have the
meanings indicated:
A receptacle commonly used for storage of bulk and/or construction
and demolition waste, as defined herein, and otherwise referred to
as "dumpster."
Household solid waste that exceeds the capacity of thirty-two-gallon
containers.
Newspapers, magazines, phone books, catalogs, ledger/office
paper, writing paper, junk mail, cardboard, food boxes, gift and shoe
boxes, unsoiled pizza and bakery boxes, all of which must be clean,
dry and free of any liquid or other contamination, and deemed to have
recycling value.
Lumber, concrete, pipe, brick, masonry, fencing, windows,
stone and other waste materials generated during construction, remodeling,
renovation or demolition projects.
A person, partnership, company or corporation licensed by
Westchester County to provide either residential and/or commercial
solid waste and recyclables collection services, including the collecting,
storing, transporting and disposal of solid waste and recyclables.
The terms "collector" or "carter" shall be interchangeable with "hauler."
Waste meeting the New York State definition of household
hazardous wastes (HHW): pesticides, corrosives, pool chemicals, driveway
sealers, hazardous paints and stains, compact fluorescent lamps (CFLs)
and ballasts, photography chemicals, nonrechargeable hazardous batteries
(both household and automotive), products containing mercury, and
propane gas cylinders (that still contain propane).
Food waste organics, soiled or food-contaminated paper materials
and compostable paper products. These materials are considered to
be solid waste until such time as outlets for composting or otherwise
processing or recycling them become available.
Any resident, property owner, tenant or occupant, commercial
business owner, operator, employee or agent acting on its behalf,
or any hauler.
The following materials may be mixed together in one container
for pickup:
Glass bottles and jars, clean and free of food particles and
other residues, uncontaminated and deemed to have recycling value.
This shall include but not be limited to: glass food bottles and jars,
juice bottles, liquor bottles, baby food jars, soda bottles and wine
bottles, but shall not include ceramics, crystal, glass doors, light
bulbs, mirrors, Pyrex, window panes or windshields.
Metal cans and foil, free of food particles and other residue,
uncontaminated and deemed to have recycling value. This shall include
but not be limited to: metal food cans, soda cans, pet food cans,
metal juice containers, aluminum foil and trays, aluminum cans and
empty aerosol cans, but shall not include batteries, oil, paint cans
or hazardous chemical containers.
Plastic containers, numbers 1 through 7, clean and free of any
food particles or residue, uncontaminated and deemed to have recycling
value. This shall include but not be limited to: plastic soda bottles,
liquor bottles, juice bottles, detergent bottles, wax-coated containers
used for milk, juice, ice cream, frozen foods and butter, aseptic
box containers used for juice, soup and broth, all plastic bags numbered
1 through 7, but shall not include Styrofoam or packing peanuts.
For purposes of residential pickup only, all recyclable materials identified in Subsection A(1) to (3) of this definition and all paper recyclables, as defined below, may be placed in the same container or receptacle for pickup. Nothing in this section shall preclude the Town of North Castle from requiring residents to resume dual-stream recycling.
A combination of cardboard/paper recyclables with mixed recyclables.
Includes all manner of useless or unwanted or discarded solid
or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials commonly referred to as
garbage or trash, but does not include: recyclables, yard waste, hazardous,
toxic, chemical, explosives, ammunition, asbestos, bulk metal, construction
and demolition waste, electronic waste, empty propane tanks, household
medical waste, radioactive material, tires, used oil, white goods,
human or rendering wastes.
Includes any fixed facility that is established, maintained
and operated, either as its primary function or in support of some
other facility or operation, for the transfer, treatment, disposal
or salvage of solid waste. It includes, but is not limited to, any
facility that is established for the purpose of transferring, bailing,
composting, incinerating, recycling, separating, salvaging, shredding
or landfilling any solid waste or any combination of functions thereof,
including stationary compactors located at points of collection.
Brush, leaves, grass trimmings and tree trimmings.
A.
The commingling of mixed recyclables with solid waste left for collection
by the hauler is prohibited.
B.
All residents of the Town shall place items for collection at the
side of the road fronting their residences or at such other location
at or near the residence agreeable to the hauler who is collecting
the material.
C.
The Town has a service agreement for the collection and transfer
of solid waste and mixed recyclables with a hauler. The hauler will
provide collection service for all residential and those commercial
parcels within the Town of North Castle requesting service.
D.
Collection of solid waste and mixed recyclables shall occur in accordance
with a schedule advertised by the Town.
E.
Ownership of recyclables set out for collection shall thereupon vest
in the Town. It shall be unlawful for a person to collect, remove
or dispose of recyclables which are the property of the Town without
first having obtained the required license or permit. A hauler who
collects or removes recyclables belonging to the Town shall deliver
and dispose of the same at such locations and in such manner as the
Town shall designate.
A.
The commingling of recyclables with solid waste is prohibited. The
owners, lessees or occupants of all residences and any commercial
entities within the Town who receive collection services shall participate
in the Town's recycling program. All solid waste and mixed recyclables
shall be properly separated and placed curbside, or at such other
accessible location specifically agreed to by the hauler, for collection.
However, nothing in this chapter shall prohibit the return of bottles
or cans for payment of deposit paid.
B.
Solid waste and recyclables will be collected once per week per an
established schedule or as otherwise agreed to between the hauler
and the resident.
C.
Residents shall use approved containers for storage of household
solid waste, except as hereinafter provided. Mixed recyclables must
be placed in containers labeled as recyclables or recycling. No other
material of any kind shall be intermingled with the mixed recyclables.
Containers shall be practical, suitable and of sufficient strength
for the purpose of holding the material intended to be disposed of,
shall have a maximum capacity of 32 gallons and a maximum gross weight,
when filled, of 60 pounds, and shall be equipped with suitable handles
and a tight-fitting cover adequately secured to prevent spillage by
dogs, raccoons or other animals. Containers for the storage of solid
waste and mixed recyclables shall be kept or placed in a single location
readily accessible to the hauler. For curbside collection, containers
for each service unit shall be placed at a single collection point
within four feet of the curb not later than 7:00 a.m. on scheduled
collection days. Containers shall only be permitted at curbside from
4:00 p.m. of the night before a scheduled pickup and must be removed
from curbside no later than 12 hours after pickup. For driveway, rear-yard
or in-garage pickup, containers shall be placed at the appropriate
pickup location no later than 7:00 a.m. on scheduled household solid
waste and recycling pickup days. Containers shall be maintained in
a sound and sanitary condition by the resident. The Town Board reserves
the right to adopt additional rules and regulations to further the
purposes and implementation of this chapter.
D.
Yard waste and mixed recyclables shall not be intermingled with or
placed together for collection with household solid waste.
E.
Bulk household trash is household solid waste that exceeds the capacity
of standard thirty-two-gallon containers. Bulk household trash shall
be put into other containers, bundled or otherwise secured. Such bundles
or containers shall not exceed 60 pounds in weight and shall be limited
to three feet in length and three feet in height, width or diameter.
Bulk household trash shall be picked up only with prior notice to
the hauler. Bulk household trash shall be permitted at curbside no
earlier than three days prior to the scheduled collection day and
must be at curbside no later than 7:00 a.m. on the scheduled pickup
day.
F.
For apartments, condominiums and commercial entities with containerized
service for household solid waste and recyclables collection by the
hauler, containers shall be kept and maintained in a clean and sanitary
condition and shall be completely closed at all times, except when
actually being used for deposit of solid waste and recyclables, and
shall be adequately secured to prevent spillage by dogs, raccoons
or other animals.
G.
No container, bunker or any type of enclosure to store containers
shall be permitted at the curb or at any location within the front-yard
setback area for the zoning district in which the residence is located,
and said location shall not be visible from the road to the maximum
extent practicable.
A.
Brush shall be placed at the curb for scheduled collection by the
Highway Department with the cut ends facing the road. Branches shall
not be longer than four feet in length nor four inches in diameter.
Brush piles (one per lot) shall not be larger than four feet tall
and 30 feet long. Whole trees, logs and stumps will not be collected.
Small branches and vines shall be bundled and tied or put in biodegradable
bags.
B.
Other vegetative yard waste, including leaves and grass clippings,
shall be bagged using biodegradable bags and placed curbside for scheduled
collection. The filled bags shall weigh no more than 40 pounds and
shall not contain household debris, plastic flower pots, garbage,
diapers, etc. Christmas tree pickup shall by performed by the Highway
Department seasonally, pursuant to a schedule established by the Highway
Department.
C.
Brush shall be curbside by Monday of the scheduled pickup week and
no earlier than one week prior to scheduled pickup, as described in
the North Castle Brush Pickup Schedule.
Nothing in this chapter shall be construed as preventing any
person from utilizing vegetative yard waste for compost, mulch or
other agricultural, horticultural, silvicultural, gardening or landscaping
purposes.
The Code Enforcement Officer is authorized to enforce the provisions
of this chapter and to administer the recycling programs established
herein.
A.
It shall be unlawful for any person:
(1)
Other than those persons so authorized, to collect any designated
recyclable which has been placed at the roadside for collection or
within a recycling collection area pursuant to this chapter.
(2)
To violate or to cause or to assist in the violation of any provision
of this chapter or any implementing rule or regulation promulgated
by the Town or its duly appointed agent.
(3)
To place or to cause to be placed any material other than a designated
recyclable in or near a recycling collection area.
(4)
To hinder, obstruct, prevent or interfere with this Town, or any
other authorized persons in the performance of any duty under this
chapter or in the enforcement of this chapter.
B.
All unlawful conduct set forth in this section shall constitute a
violation.
The hauler, or any licensed entity collecting solid waste and
recyclables within the Town, may refuse to collect solid waste from
any person who has failed to source-separate recyclables from solid
waste designated under an applicable section of this chapter.
A.
Nothing contained in this chapter shall be construed to interfere
with or in any way modify the provisions of any existing contract
in force in the Town on the effective date of this chapter.
B.
No renewal of any existing contract upon the expiration of the original
term thereof and no new contract for the collection, transportation,
processing or purchase of solid waste or recyclables shall be entered
into after the effective date of this chapter unless renewal of such
contract shall conform to the requirements of this chapter.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person who violates this chapter, upon conviction thereof,
shall be punishable by a fine of up to $1,000 per day per violation
or by imprisonment for a term not to exceed 15 days. Each day's continued
violation shall constitute a separate additional violation.
A.
In addition to any other remedy provided in this chapter, the Town
may institute a suit in equity where unlawful conduct exists, as defined
in this chapter, for an injunction to restrain a violation of this
chapter.
B.
The penalties and remedies prescribed by this chapter shall be deemed
concurrent. The existence or exercise of any remedy shall not prevent
this Town from exercising any other remedy provided by this chapter
or otherwise provided at law or equity.
The terms and provisions of this chapter are to be liberally
construed so as best to achieve and effectuate the goals and purposes
hereof.
The Town Board shall have the power to hear and decide appeals
and requests for variances from the requirements of this chapter upon
its determination in its absolute legislative discretion where such
variance or modification is appropriate so as not to cause undue hardship.
The Town Board, upon receiving any application for such variance or
modification, shall place the application on the next agenda of the
Town Board for a determination.
A.
Residential collection practice by hauler.
(1)
Collection of solid waste and recyclables from private residences
shall be made not less than once per week in accordance with the hauler's
published schedule. Construction and demolition wastes shall be collected
and billed separately by private arrangement between resident and
hauler.
(2)
The hauler shall publish, post and distribute annually, and in advance,
a schedule of days for the collection of solid waste and recyclables.
The schedule shall specifically state any exceptions to the regular
schedule.
B.
Commercial collection practice by the hauler.
(1)
Collection of solid waste and recyclables from commercial service
stops shall be made not less than once per week.
(2)
The hauler shall furnish a single two-cubic-yard metal container
at each commercial service stop. Any solid waste and recycling in
addition to the two-cubic-yard container per commercial customer shall
be collected by separate agreement between the hauler and the commercial
customer or, at the discretion of the customer, by another hauler.
(3)
Collections of solid waste and recyclables from commercial establishments
shall be made on any weekday, and the frequency thereof, as required,
shall be agreed upon between the hauler and the customer. No hauler
shall commence work before 7:00 a.m. nor continue after 7:00 p.m.
No collections may be made on Sundays.
C.
Condition of vehicles. All vehicles used in the transportation of
solid waste and recyclables and other material within the Town of
North Castle shall be kept in a sanitary condition and shall be so
constructed as to prevent leakage in transit. Vehicles shall be maintained
in such condition so as to prevent mechanical breakdown and disruption
of service. The body of the truck shall be wholly enclosed or shall
at all times be kept covered with an adequate cover, or a canvas cover,
provided with eyelets and rope for tying it down. Loading of vehicles
shall be done in such a manner as to prevent spilling or loss of contents.
D.
Hours of operation for residential collection. No hauler shall commence
work before 7:00 a.m. nor continue after 7:00 p.m. No collections
may be made on Sunday.
E.
Transfers. Transfers of any and all material between trucks shall
only be done at locations as may be specified by the Town Board.
F.
Disposal. All solid waste and recyclables collected hereunder shall
be hauled to a designated disposal facility approved by Westchester
County. The schedule of operation and all matters pertaining to the
control and operation of the disposal facility shall be under the
supervision of the custodian of the facility.
G.
Availability of service. No licensed hauler shall unreasonably refuse
service to any resident requesting collection service within the area
as set forth in the application of the collector for a license under
this chapter.
H.
In the event that a commercial garbage collection vehicle breaks
down or otherwise becomes inoperable while in service, such vehicle
shall either be repaired or towed away within four hours of the breakdown,
and failure to so remove said vehicle shall constitute a violation
of this chapter.
A.
License required. It shall be unlawful for any commercial collection
vehicle to collect solid waste and recyclables within the Town without
first obtaining a license from the Town. Said license shall issue
if the following conditions are met:
B.
Application. Application for a license to collect solid waste and
recyclables shall be made at the office of the Highway Department
of the Town of North Castle on forms provided by said office. The
applicant shall file with his application certificates of insurance
as hereinafter set forth, evidence of good standing with the Westchester
County Solid Waste Commission, and shall pay the required license
fee. Upon receipt of such application properly executed, the Highway
Department shall have the opportunity to conduct inspections of the
applicant's vehicles. Upon satisfactory inspection and approval from
the Highway Department, a representative from the Highway Department
shall submit the application with a recommendation, along with the
requisite fees and certificates of insurance, to the Town Clerk for
placement on an agenda of the Town Board for approval. The approval
at a Town Board meeting shall include a determination by the Town
Board that the applicant is in good standing with the Westchester
County Solid Waste Commission and has the capability, financial capacity
and equipment to perform the services required of a licensee hereunder.
Upon approval by the Town Board, a vehicle sticker shall be issued
by the Highway Department and must be displayed on the collection
vehicle.
C.
License. Upon approval by the Town Board, the Town Clerk will issue
the, license with copies to the Police Department, the Building Department
and the Highway Department.
D.
Insurance.
(1)
Certificates of insurance shall be filed with the application and
shall be executed by an authorized representative of a duly qualified
insurance company, licensed to do business in the State of New York,
evidencing that said insurance company has issued liability and property
damage insurance policies covering the following:
(a)
All operations of the applicant, or any other person, firm or
corporation employed by him, in the collection of solid waste and
recyclables within the corporate limits of the Town of North Castle.
(b)
The disposal of such solid waste and recyclables to and within
the designated and approved disposal area.
(c)
Protecting the public and any person from injuries or damages
sustained by reason of carrying on the work of solid waste and recyclables
collection and disposal.
(2)
The applicant shall, at its sole expense, maintain insurance for
the term of the license on its own behalf and furnish to the Town
of North Castle certificates of insurance, in accordance with the
Town's minimum insurance requirements, together with an indemnification
and hold harmless agreement. Should it be determined that the extent
of the operations in any particular case require insurance coverage
in greater amounts than the Town's minimum insurance requirements,
the applicant shall provide certificates of insurance in the requested
amounts. Written notice shall be given the Town Clerk 30 days prior
to any change in the conditions of the certificate or any expiration
or cancellation thereof.
E.
Issuance of license. Upon receipt of approval from the Town Board,
the filing of the proper certificates of insurance, payment of the
license fee, and establishing that the applicant is in good standing
with the Westchester County Solid Waste Commission, the Town Clerk
shall thereupon issue the applicant a license. All licenses shall
expire on March 31 of the year following issuance, and renewal applications
therefor shall be filed not later than 30 days prior to the licensing
period. Such license of all persons and/or corporations licensed under
this chapter may be renewed for a term of one year upon the payment
of the fee herein provided, provided that there has been satisfactory
compliance with this chapter by the collector during the previous
license period and the licensee remains in good standing with the
Westchester County Solid Waste Commission.
F.
A deposit and fee shall be charged in connection with the review
of all solid waste and recyclables license applications and other
actions of the Town described in or contemplated by this chapter in
such amounts as set forth in the Master Fee Schedule.[1]
G.
Assignment. No license issued hereunder shall be assigned, sold or
transferred without the written consent of the Town Board.
H.
Complaints. Each hauler licensed hereunder shall provide an adequate
and prompt response to all complaints from patrons on missed service
and improper handling. Such service shall also be promptly available
to service complaints from any resident or Town official for any material
deposited improperly within the limits of streets or highways during
transit. Haulers' telephone numbers shall be on file with the Town
Clerk's office. Haulers shall remedy all complaints within 24 hours
following receipt thereof, excepting Sundays. The licensee hereunder
shall have available and shall furnish to the Clerk's office a list
of complaints received each week, which list shall contain the date
of the alleged complaint and the name of the complainant and the nature
of the alleged complaint and the manner in which it was resolved.
I.
Responsibility for administration. The licensee shall be directly
responsible to its customers and to the Town Board of the Town of
North Castle and shall collect and dispose of solid waste and recycling
in accordance with the rules and regulations as to service and rates
of charge as herein stated or as may be subsequently approved by the
Town Board.
Unless otherwise provided in this chapter, any hauler violating
this chapter shall, upon conviction, be guilty of an offense and shall
be subject to a fine of not less than $100 for each offense and a
mandatory fine of $250 for each subsequent offense and, if a licensed
hauler, may be subject to revocation of its license granted hereunder,
as determined by the Town Board after a public hearing held on notice
to the hauler.
