The rules and regulations of this chapter shall apply to all
generators of solid waste located within the Town of Southampton and
to all Town disposal areas, including Town waste transfer stations,
private garbage and/or recycling transfer stations to which Town waste
is transported, and the refuse hauler/carters performing transportation
operations.
As used in this article, the following terms shall have the
meanings indicated:
ATTENDANT
Any employee of the Town of Southampton placed in charge
of a Town transfer station under the direction of the Director of
Municipal Works.
[Added 12-22-2020 by L.L.
No. 11-2020]
BULK GOODS
Solid waste, transported by a self-hauler, which is too large
or bulky to be contained in a tied Town garbage bag.
CANS
Containers comprised of aluminum, tin, steel or a combination
thereof which contain or formerly contained only food and/or beverage
substances.
CARDBOARD
All corrugated cardboard, brown paper, or paperboard commodities
normally used for packing, mailing, shipping or containerizing goods,
merchandise or other material, but shall not include wax-coated or
soiled cardboard.
COLLECTION VEHICLE
Any vehicle licensed by the Town of Southampton Waste Management
Division to operate commercially within the Town for the purpose of
collecting and transporting garbage, rubbish, ashes, refuse, liquid
waste or recyclable material or any other waste material, except hazardous
waste, as defined pursuant to regulations promulgated under the New
York State Environmental Conservation Law, Article 27, and/or the
Federal Resource Conservation Recovery Act (RCRA) of 1976.
COMMERCIAL SELF-HAULER
A small business consisting of home renovation, estate care,
or landscaping operating a vehicle utilized by anyone who is not a
refuse hauler/carter or in the business of collecting and transporting
solid waste.
GLASS
All clear (flint)-, green- and brown (amber)-colored glass
containers. "Glass" shall not mean wired glass, crystal, ceramics
or plate, window, laminated or mirrored glass.
HAZARDOUS WASTE
A.
A solid waste or a combination of solid wastes which, because
of its quantity, concentration or physical, chemical or infectious
characteristics, may:
(1)
Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
(2)
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported or
disposed of or otherwise managed.
B.
Includes but is not limited to explosives, hazardous radioactive
materials, toxic substances and those substances which the administrator
of the Federal Environmental Protection Agency has caused to be included
in the listing of hazardous waste promulgated by said Agency pursuant
to 42 U.S.C.A. § 6921(b).
ILLEGAL DUMPING
Deposition of solid waste and/or recyclables at a location
other than a facility legally licensed, permitted, and duly authorized
to accept such material.
LAND-CLEARING DEBRIS
Soil, sod, stumps, trees in excess of three inches, and chipped
vegetative material as a result of the clearing of any property.
METAL
Any of the various opaque, fusible, ductile and typically
lustrous substances that are good conductors of electricity and heat,
form cations by loss of electrons and yield basic oxides and hydroxides,
including any alloys or combinations thereof.
NEWSPAPER
Includes newsprint and all newspaper and newspaper advertisements,
supplements, comics and enclosures.
NONRESIDENTIAL PROPERTY
Those properties not zoned for residences, including, but
not limited to, industrial, commercial, and business parcels.
NONRESIDENTIAL SELF-HAULER
Any person engaged in the transporting of solid waste originating
from a building or parcel of land with four or more dwelling units
or any single business or single industrial use.
PAPER
All high-grade office paper, newspaper, fine paper, bond
paper, office paper, xerographic paper, mimeo paper, duplication paper,
magazines, paperback books, school paper, catalogs, computer paper
and similar cellulosic material, but shall not mean wax paper, plastic-
or foil-coated paper, styrofoam, wax-coated food and beverage containers,
carbon paper, blueprint paper, food-contaminated paper, soiled paper,
cardboard, or brown paper and paper board.
PERMITTED CARTER
Any individual, association, partnership, firm, corporation,
not-for-profit organization, or any other person permitted by the
Town of Southampton to operate within the Town for the purposes of
collection, pickup, transfer, removal and/or disposal of solid waste
and/or recyclables.
PLASTICS
Shall be a recyclable and shall mean containers as labeled
at the Town transfer station or private carter performing collection
and shall mean all food, beverage, or household containers, such as
soda, detergent, bleach, milk, juice, shampoo or cooking oil bottles
rinsed clean. "Plastics" shall not mean caps, appliances, plastic
with metal parts, six-pack rings, biodegradable bags, fiberglass,
waxed cardboard containers, vinyl or Styrofoam. "Plastics" may include
other specific plastics as the Town Board or private carter performing
collection may designate.
[Amended 12-22-2020 by L.L. No. 11-2020]
REFUSE HAULER/CARTER
Any individual, association, partnership, firm, corporation,
not-for-profit organization, or any other person so deemed by the
Town to do collection, transfer and/or transportation of garbage,
refuse, recyclable material (including, but not limited to scrap metal),
construction or demolition debris, or solid waste from premises defined
herein as "residential" and "nonresidential," or who removes solid
waste from residential and nonresidential premises which he or she
does not own, lease or occupy, whether or not such person is engaged
in the business of collecting or removing solid waste.
RESIDENTIAL PROPERTY
A property within the Town of Southampton which is zoned
to allow not more than three units per lot.
RESIDENTIAL SELF-HAULER
A Town resident and/or renter, lessee or guest of same and
the vehicle utilized in the transporting of solid waste originating
from a residence or residential parcel of land within the Town of
Southampton having three or fewer dwelling units.
[Amended 12-22-2020 by L.L. No. 11-2020
RUBBISH
Nonputrescible solid waste consisting of both combustible
and noncombustible wastes, including, but not limited to, nonrecyclable
paper, wrappings, cigarettes, wood, wires, glass, bedding, furniture
and similar materials which are not designated recyclable materials.
SOLID WASTE
All putrescible and nonputrescible materials or substances
discarded or rejected as having served their original intended use
or as being spent, useless, worthless or in excess to the owner at
the time of such discard or rejection, including garbage, refuse,
litter and rubbish, but not including designated recyclable materials
or materials to be separated.
TOWN GARBAGE BAG
A plastic bag bearing the logo of the seal of the Town of
Southampton, of such size and design as shall be determined by the
Town Board, to be used by all self-haulers for the disposal of solid
waste.
VEGETATIVE YARD WASTE
That certain material consisting of leaves, brush, and tree
limbs less than three inches in diameter, but exclusive of stumps
or grass clippings.
WHITE GOODS
Discarded household appliances such as stoves, refrigerators,
washing machines and other old metal items.
[Added 12-22-2020 by L.L. No. 11-2020]
A. No person
shall collect, store, accumulate, throw, cast, deposit or dispose
of or cause or permit to be collected, stored, accumulated, thrown,
cast, deposited or disposed of any hazardous waste or solid waste
upon any premises or upon any street, highway, sidewalk or public/private
place within the Town of Southampton, except when authorized by the
Town Board.
B. Nothing
contained herein shall be construed so as to prevent:
(1) The
accumulation of solid waste by a resident of the Town upon premises
occupied by them, to the extent that such accumulation is ordinary
and necessary for their personal household requirements.
(2) The
disposal of refuse at any transfer station maintained or authorized
by the Town of Southampton and/or the New York State Department of
Environmental Conservation.
(3) The
proper use of receptacles placed upon the streets or other public
places in the Town of Southampton for the depositing of solid waste;
provided, however, that such public receptacles shall not be used
for the deposit of accumulated household garbage.
Pursuant to New York State Department of Environmental Conservation
(DEC) requirements:
A. All commercial haulers/carters must obtain a solid waste collection
permit from the Town of Southampton's Division of Waste Management.
A fee for such permit shall be set by the Town Board on an annual
basis, and all permits shall be issued for the calendar year or such
portion thereof. There shall be no reduction in the fee for a permit
issued after the beginning of any calendar year.
B. No person, company, corporation, partnership, or other entity, except
as hereinafter provided, shall remove any solid waste, garbage, refuse,
recyclable material, or rubbish of any kind from the premises of any
person, firm, or corporation, or cart or transport the same through
or upon any street, avenue, parkway, or highway within the Town unless
such person shall have first obtained a permit from the Town of Southampton
Division of Waste Management, as hereinafter provided. In addition,
any person, business or carter who works for the Town shall be required
to comply with the provisions herein.
C. Permitted and authorized haulers/carters shall offer collection services
for recyclable materials to all residential customers for whom they
provide household solid waste collection services.
D. An application form with information required for a hauler's/carter's
permit shall be provided by the Town. The applicant shall complete
the form either online and/or in writing; the application shall contain
such information as requested by the Town Board but, at a minimum,
shall include:
[Amended 12-22-2020 by L.L. No. 11-2020]
(1) A list of all vehicles the applicant intends to utilize for the collection
of solid waste and recyclables in the Town of Southampton, identifying
the following information: make, year, model of chassis, body style,
volume, tonnage capacity, color and license plate number for each
vehicle to be used;
(2) The names and addresses of all partners, limited or otherwise, if
the applicant is a partnership, or of all officers and directors and
shareholders, if the applicant is a corporation;
(3) A detailed account of the total estimated weight of refuse and recyclables
by type within the last 12 months collected by the applicant within
the Town of Southampton;
(4) The type of material(s) intended to be hauled by the applicant (i.e.,
MSW, recyclables, construction and demolition debris, land clearing
debris, biosolids, yard waste, septic waste including porta-san, waste
oil, cooking oil, commercial food waste, hazardous waste).
E. The Town of Southampton shall issue the applicant a carter permit
so long as the application is deemed complete and the applicant is
deemed by the Division of Waste Management to be in compliance with
the provisions herein. The applicant shall provide a certified check
or credit card payment in the amount of the permit fee as determined
by the Town of Southampton. The Division of Waste Management shall
issue a plate or tag for each truck used by a permittee hereunder.
Such plate or tag shall be securely fastened and displayed at all
times in a conspicuous location on each such truck in such manner
as described in the permit application instructions. Failure to display
said tag or plate in a conspicuous place on any truck shall be deemed
a violation of this section.
[Amended 12-22-2020 by L.L. No. 11-2020]
F. The renewal of a hauler/carter permit(s) shall be in the same manner
and subject to the same conditions as the issuance of the original
hauler/carter permit(s) and shall be subject to any additional requirements
in effect at the time an application for renewal is filed.
G. All collection, transportation and disposal of solid waste and recyclables
shall be in strict conformance with the rules and regulations prescribed
herein. Said rules and regulations may be amended or supplemented
from time to time by the Town Board.
H. The name of the carter shall be readily visible on all vehicles and
containers utilized for the collection of solid waste and/or recyclables
generated within the Town.
I. Any hauler/carter permit issued pursuant to this chapter shall be
a privilege, subject to the terms and conditions set forth herein
and as amended or supplemented by the Town and shall not be deemed
to create a property interest therein.
J. All carter
permit requirements specified herein, including, but not limited to
carter permit fees may be amended or adjusted from time to time by
resolution of the Town Board.
[Added 12-22-2020 by L.L.
No. 11-2020]
K. All collection,
transportation and/or disposal of solid waste and/or recyclables shall
be in strict conformance with the rules and regulations prescribed
in this article as well as the New York State Department of Environmental
Conservation (NYSDEC) and as such rules and regulations may hereafter
be amended or supplemented by the Town Board or NYSDEC.
[Added 12-22-2020 by L.L.
No. 11-2020]
The fees for refuse hauler/carter permits working within the
Town of Southampton shall be determined, and amended from time to
time as needed, by Town Board resolution.
[Added 12-22-2020 by L.L.
No. 11-2020]
Permits or single-entry passes for residential disposal by residential
self-haulers at Southampton Town transfer stations shall be required
and issued as follows:
A. Resident/lessee disposal permit: for noncommercial vehicles of less
than one-ton capacity owned by a resident and/or taxpayer of the Town
of Southampton or a person who leases or rents property within the
Town of Southampton, and transporting only household solid waste,
recyclables and/or leaves, provided that such vehicle displays a valid
resident/lessee disposal permit issued in accordance with the following:
(1) A resident/lessee disposal permit shall be issued by the Waste Management
Division or a person designated by the Director of Municipal Works
to all persons who are qualified residents and/or taxpayers of the
Town of Southampton and all persons who lease or rent property within
the Town of Southampton. Persons applying for a resident/lessee disposal
permit shall be required to sign an application attesting to the following:
(a)
That the applicant resides, owns, leases or rents property within
the Town of Southampton.
(b)
That the applicant will not bring any yard waste collected outside
of the Town of Southampton to any transfer station within the Town
of Southampton.
(c)
That the applicant will not bring commercial waste to any transfer
station within the Town of Southampton.
(d)
That the applicant will not bring any household hazardous or
other hazardous waste to any transfer station within the Town of Southampton,
unless there is a hazardous waste disposal event scheduled by the
Town.
(2) The Director of Municipal Works or a designee shall inspect all resident/lessee
disposal permit applications. Upon approval of the application, a
resident/lessee disposal permit shall be issued and inscribed with
the vehicle license plate number. Such permit shall not be transferred
to any other vehicle.
(3) Resident/lessee disposal permits for motor vehicles shall be permanently
affixed to such vehicle in such manner as described in the permit
application instructions.
(4) The fee for the issuance of a resident/lessee disposal permit shall
be such fee as shall be prescribed by a resolution of the Southampton
Town Board.
(5) All resident/lessee disposal permits shall be valid for the calendar
year in which they issue or such portion thereof. There shall be no
reduction in the fee for a permit issued after the beginning of any
calendar year. Additional permits for vehicles registered at the same
address shall be sold at half-price. Seniors (60 years and above)
and veterans shall qualify for a discounted permit fee.
B. Single-entry pass. A single-entry pass shall be issued only at the
North Sea and Hampton Bays Transfer Stations, for noncommercial vehicles
of less than one-ton capacity owned by a residential self-hauler and
transporting only household solid waste and/or recyclables, in accordance
with the following:
(1) The fee for the issuance of a single-entry pass shall be such fee
as shall be prescribed by a resolution of the Southampton Town Board.
(2) A single-entry pass shall be valid for one single entry on the day
of purchase.
[Added 12-22-2020 by L.L.
No. 11-2020]
The fees for resident/lessee disposal permits and single-entry
passes shall be determined, and amended from time to time as needed,
by Town Board resolution.
[Added 12-22-2020 by L.L.
No. 11-2020]
In addition to the fees established in §
205-10 of this chapter, residential self-haulers depositing yard waste (other than leaves), brush less than three inches in diameter, residential tires, metals, bulk items and/or construction and demolition debris at Town transfer station facilities shall pay a fee as determined, and amended from time to time, by Town Board resolution and as advertised on the Town's website pursuant to the Waste Management/Recycling Center Fee Schedule.