A. 
All authorized collectors must obtain a solid waste collection license from the Town of Riverhead. A fee for such license shall be set by the governing body on an annual basis, and all licenses shall be issued for the calendar year or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year. The Town of Riverhead reserves the right to waive the license fee for collectors collecting on behalf of the Town of Riverhead under a municipal contract.
B. 
All authorized collectors shall have the name of the collector prominently displayed on each vehicle operated by or on behalf of the authorized collector.
C. 
Authorized collector applications may be denied if the applicant or licensee, including owners, partners, officers or principal shareholders of such applicant, has been convicted of a misdemeanor or felony which renders the applicant unfit to hold such a license or if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this chapter during the preceding calendar year.
D. 
All authorized collectors licensed by the Town of Riverhead shall indemnify and hold harmless the Town of Riverhead from any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this chapter.
E. 
Authorized collectors shall offer collection services for all recyclable materials to all residential customers for whom they provide MSW collection services at the same times and on the same days as services are provided to their customers for solid waste collection.
F. 
Required information.
(1) 
Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the MSW and recyclable materials (plan for recycling) from its residential, commercial, industrial and institutional customers.
(2) 
Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector, which includes the following information:
(a) 
The location and number of units in which the solid waste or recyclable material was generated.
(b) 
The quantity, by ton, of solid waste and of each type of recyclable material collected.
(c) 
The quantity, by ton, of recyclable material delivered to a recycling facility(ies) and the location of the recycling facility(ies).
(d) 
The quantity, by ton, of solid waste delivered to each facility.
(3) 
Reports containing the information required as stated above shall be compiled and delivered to the Town Clerk or other designated individual for each reporting period as designated by the regulations, but which shall be no more frequently than quarterly.
(4) 
Authorized collectors shall not accept for collection MSW which has not been source-separated in conformity with this chapter.
(5) 
All vehicles used by authorized collectors for the transportation of solid waste on or through any street or public highway in the Town of Riverhead shall be covered or equipped such that no solid waste shall blow, leak or spill from such vehicle onto any street or public highway. Every license, vehicle permit decal and roll-off or container permit decal issued hereunder shall be nontransferable.
A. 
When the designated public official determines that a failure to comply with this chapter may have occurred, she/he shall recommend to the municipality that the authorized collector application or the license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty. The designated public official shall be authorized to disregard de minimus amounts of recyclables that inadvertently are mixed with garbage and refuse.
B. 
Notice. The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing.
(1) 
The notice shall include the following information:
(a) 
A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.
(b) 
A short and plain statement of the alleged misconduct.
(c) 
A statement of the time, place and nature of the hearing.
(2) 
The notice shall be personally served or sent by certified mail to the generator's, applicant's or licensee's last known address at least 10 days before the hearing date, with a copy to the administrator.
C. 
Hearing.
(1) 
Hearings shall be held before the Town Board within a reasonable period, which shall be at least 10 days after service of notice but not more than 30 days after service of notice unless the time is extended by the Town Board of the Town of Riverhead.
(2) 
The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.
(3) 
Within 20 days after the close of the hearing, the Town Board shall:
(a) 
Determine whether the alleged failure to comply with this chapter has occurred; and
(b) 
If such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized collector status shall be suspended or revoked or its holder subjected to a reprimand and issued an order carrying out this decision.
D. 
Determinations, decisions and orders.
(1) 
Disposition may be made by stipulation, agreed settlements, consent, order, default or other informal method.
(2) 
The Town Board shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.
E. 
Enforcement.
(1) 
Inspections and appearance tickets.
(a) 
All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this chapter by any police officer, peace officer, code officer and any other public official designated by the Town of Riverhead.
(b) 
Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this chapter.
F. 
Penalties.
[Amended 12-4-2018 by L.L. No. 23-2018; 2-6-2024 by L.L. No. 7-2024]
(1) 
Penalties for waste collectors. During any 12 consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a violation punishable by a fine of not less than $1,000 and not exceeding the sum of $1,500 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.
(2) 
In addition, any such conviction imposing a fine shall also be punishable by a term of imprisonment of not more than 15 days, or by both such fine and imprisonment.
(3) 
Any penalties or damages recovered or imposed under this chapter are in addition to any other remedies available at law or equity.