Town of Huntington, NY Chapter 117 Solid Waste Management: Collection, Recycling and Disposal

[[1]HISTORY: Adopted by the Town Board of the Town of Huntington 6-28-1994 as part of L.L. No. 5-1994.[2] Amendments noted where applicable.]

GENERAL REFERENCES

Department of Environmental Waste Management — See Ch. 27.

Sanitation Advisory Commission — See Ch. 61.

Distribution of circulars — See Ch. 73.

Housing standards and property maintenance — See Ch. 124.

Junkyards — See Ch. 130.

Littering — See Ch. 133.

Property maintenance; nuisances — See Ch. 156.

Sewer use management — See Ch. 164.

[1] Editor's Note: The title of this chapter was changed from "Garbage, Rubbish and Refuse Disposal" 9-26-2000 by L.L. No. 27-2000.

[2] Editor's Note: This local law also repealed former Ch. 117, Garbage and Refuse Disposal, adopted 6-3-1969 as Ch. 23 of the 1969 Code of the Town of Huntington, as amended.

§ 117-1 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:

ACCEPTABLE RECYCLABLE ITEM

Any item normally discarded as solid waste that has the potential for reclamation or reuse and is designated as such by the Director for the purpose of waste stream reduction and/or resource conservation. Items designated as an Acceptable Recyclable Item shall be added or removed from the Town of Huntington recycling program upon notification to the public via the annual Trash and Recycling Calendar mailed to residential dwellings and posted on the Town of Huntington website.

[Added 11-19-2020 by L.L. No. 47-2020]

ACCEPTABLE WASTE

All solid waste that is normally disposed of by and collected from residential, commercial, industrial, governmental or institutional establishments, except that acceptable waste shall not include hazardous or medical waste, or cow or horse manure.

[Amended 9-26-2000 by L.L. No. 27-2000; 9-8-2009 by L.L. No. 10-2009]

ASHES

The noncombustible residue from the burning of combustible substances such as wood, coal, coke and paper, as well as loose inorganic material from fires to structures.

BATTERIES, REGULATED

Carbon-zinc, lithium, nickel-cadmium and all other household rechargeable batteries, excluding sealed lead-acid batteries.

[Amended 12-8-2015 by L.L. No. 49-2015]

BEDDING

Any mattress or box spring which can be used by any human being for sleeping or reclining purposes.

[Added 11-19-2020 by L.L. No. 47-2020]

BULK ITEM

Residential solid waste which is larger than two (2) feet by two (2) feet by four feet (4) in any one of its dimensions or weighs more than fifty (50) pounds, including but not limited to mattresses, nonmetal furniture and rugs.

[Amended 12-8-2015 by L.L. No. 49-2015]

BULKY RIGID PLASTICS

Any plastic item that is not considered a Plastic Bottle/Food container such crates, buckets, baskets, totes, lawn furniture, toys, pipes, hoses, pet carriers, vinyl siding and plastic plant trays or flower pots.

[Added 11-19-2020 by L.L. No. 47-2020]

CARDBOARD

All unsoiled corrugated and noncorrugated paperboard used for packing, mailing, shipping or containerizing goods or merchandise, except paperboard that contains significant quantities of any substance other than paper, such as wax-coated or plastic-coated cardboard.

COLLECT

To pick up, remove, load or otherwise perform the collection and disposal of solid waste. The picking up, removal, loading or transporting upon or across streets within the Town of solid waste shall constitute prima facie evidence of operating, engaging in, conducting or causing the operation of a business engaged in the collection and disposal of such waste.

[Amended 9-26-2000 by L.L. No. 27-2000]

COLLECTION VEHICLE

A vehicle that must be permitted by the Town to operate commercially within the Town for the purpose of collecting and transporting solid waste.

[Amended 9-26-2000 by L.L. No. 27-2000]

COMPACTOR UNIT

A closed-top roll-off container used for the collection of solid waste employing a self-contained mechanism for the compression of such waste.

CONSTRUCTION AND DEMOLITION (C&D) DEBRIS

Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of utilities, structures and roads; and uncontaminated solid waste resulting from land clearing. Such waste includes, but is not limited to bricks, concrete and other masonry materials, soil, rock, wood (including painted, treated and coated wood and wood products), land clearing debris, wall coverings, plaster, drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roof coverings, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, empty buckets ten (10) gallons or less in size and having no more than one inch of residue remaining on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and metals that are incidental to any of the above.

[Added 12-8-2015 by L.L. No. 49-2015]

CONSTRUCTION AND DEMOLITION MATERIAL

All uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of structures and roads, as well as land clearing and grubbing debris, including but not limited to bricks, concrete and other masonry materials, soil, rock, wood, drywall, plaster, shingles, asphalt, glass and structural metals.

CONTAINER

Shall mean dumpsters, compactor units and roll-off containers collectively.

[Added 12-8-2015 by L.L. No. 49-2015]

DEPARTMENT

The Department of Environmental Waste Management of the Town.

[Added 7-1-1998 by L.L. No. 31-1998; amended 12-8-2015 by L.L. No. 49-2015]

DIRECTOR

The Director of the Department of Environmental Waste Management of the Town.

[Amended 7-1-1998 by L.L. No. 31-1998; 12-8-2015 by L.L. No. 49-2015]

DUMPSTER

A solid waste storage and collection container with a permanently attached cover used to hold two (2) to eight (8) yards of putrescible or nonputrescible waste. Such container is usually placed at a business location for an extended period of time and emptied in place into a collection vehicle.

[Amended 12-8-2015 by L.L. No. 49-2015]

ELECTRONIC WASTE (E-WASTE)

Means "covered electronic equipment" as defined in Article 27 Title 26 of the Environmental Conservation Law, and as may be amended, including but not limited to a computer, computer peripheral, small electronic equipment, small-scale server, cathode ray tube and televisions. The term "covered equipment" shall not include any part of a motor vehicle, household appliances, telephones of any type, cameras or video equipment, thermostats, hand-held receivers, portable or stationary radios, security or anti-terrorism equipment, or the shell, casing or other enclosure of a covered electronic equipment where its wiring, materials, assemblies, or components have been removed.

[Added 12-9-2014 by L.L. No. 44-2014]

EXPLOSIVES

A chemical compound, mechanical mixture or article containing any oxidizing or combustible ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, percussion or detonation of any part of the compound, mixture or article may cause sudden generation of highly heated gases such that the resultant gaseous pressures are capable of producing destructive effects on surrounding life, limb or property.

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods.

GLASS

All food and beverage containers composed of silica, soda ash and limestone, being transparent, translucent, green, blue or amber, but not including ceramics, china, light bulbs, plate glass, oven-proof cookware or mirrors.

[Amended 12-8-2015 by L.L. No. 49-2015]

GLASS BOTTLES

All glass food and beverage containers composed of silica, soda ash and limestone, being transparent, translucent, green, blue or amber, but not including ceramics, china, light bulbs, plate glass, oven-proof cookware or mirrors.

[Added 11-19-2020 by L.L. No. 47-2020]

HAZARDOUS WASTE

Any wastes which, according to any applicable law from time to time in effect, are defined or classified as "hazardous" or as requiring special handling in their collection, storage, treatment or disposal, including those described in NYCRR Title 6, §§ 371.3 - 371.4, including but not limited to cleaning fluids, crankcase oils, acids, caustics, poisons, explosives and substances of similar nature.

HOUSEHOLD GARBAGE

Waste material, consisting of garbage and trash generated from typical daily routine residential household activities. Household Garbage does not include Household Remodeling Waste, Residential Yard Waste, land clearing debris, Hazardous Waste or Bulk Items.

[Added 11-19-2020 by L.L. No. 47-2020]

HOUSEHOLD REMODELING WASTE

Waste material consisting of minor "do-it-yourself" repairs to a portion of a residential dwelling such as sheetrock, lumber, insulation and cabinetry. Household Remodeling Waste excludes bathroom fixtures, porcelain sinks, toilets, tubs, bricks, cement, dirt, sand, stone countertops and other Nonprocessible Waste.)

[Added 11-19-2020 by L.L. No. 47-2020]

IMMEDIATE FAMILY

An individual's spouse, parent, child or sibling.

[Added 12-8-2015 by L.L. No. 49-2015]

LICENSEE

Any person licensed pursuant to the provisions of this chapter.

LIQUID WASTE

The liquid and waste solids contained in on-site sanitary wastewater disposal systems, subsurface sewage disposal systems and appurtenances, wastewater from laundry operations and industrial wastewater.

MEDICAL WASTE

All infectious and noninfectious medical waste, including but not limited to surgical, pathological and biological waste.

MEDICAL WASTE, REGULATED (RMW)

Material generated in research, production and testing of biologicals or for health care purposes, including but not limited to infectious animal waste, human pathological waste, human blood and blood products, needles and syringes (sharps) except for those used residentially for maintenance of chronic medical conditions, cultures and stocks (microbiological materials), and other biohazard waste such as materials contaminated with infectious agents such as the Ebola virus.

[Amended 12-8-2015 by L.L. No. 49-2015]

METAL CANS

All food and beverage containers composed of aluminum, steel or tin, or any combination thereof.

MIXED PAPER

All unsoiled paper, except newspaper, such as discarded mail, stationery and loose leaf paper, but not including paper that contains significant quantities of any substance other than paper, such as foil-coated or carbon paper.

NEWSPAPER

All newsprint and newspaper advertisements, supplements and enclosures.

NONPROCESSIBLE WASTE

Hazardous or regulated medical waste or that component of acceptable waste, including construction and demolition material, white goods, large items of machinery and equipment, liquid waste, sludges, regulated batteries, porcelain fixtures, and other material, the processing of which is likely to constitute a threat to health or safety or adversely affect the operation of the resource recovery facility or cause the violation of any applicable law or permit for said facility.

[Amended 12-8-2015 by L.L. No. 49-2015]

PERSON

Any individual, partnership, association, firm, company, corporation or organization of any kind.

PLASTIC

All household containers imprinted with resin code 1 through 7 (excluding styrofoam) used to contain liquids including but not limited to milk, juice, bleach, detergents, cleaners and automobile fluids.

[Amended 12-9-2014 by L.L. No. 44-2014; 12-8-2015 by L.L. No. 49-2015]

PLASTIC BOTTLES/FOOD CONTAINERS

All plastic household bottles and food containers imprinted with resin code 1 through 7 (excluding styrofoam) typically utilized in the kitchen, bathroom or laundry area, and used to contain food or liquids, including but not limited to, milk, juice, yogurt, bleach, detergents, cleaners. All plastic bags, plastic films and plastic wraps are excluded from curbside recycling.

[Added 11-19-2020 by L.L. No. 47-2020]

PROPERTY OWNER

The last known owner as set forth in the most current assessment roll of the Town, or the person-in-charge of the property.

[Amended 12-8-2015 by L.L. No. 49-2015]

PUTRESCIBLE

The quality attributed to organic matter regarding its tendency to decompose with the formation of malodorous by-products.

RECEPTACLE

A waste storage and collection container which is durable, rust-resistant, nonabsorbent, watertight and capable of being tightly sealed with handles adequate for manual lifting.

[Amended 12-8-2015 by L.L. No. 49-2015]

RECYCLABLE ITEM

Any item normally discarded as solid waste that has the potential for reclamation or reuse and is designated as such by the Director for the purpose of waste stream reduction and/or resource conservation, including regulated batteries, cardboard, glass, metal cans, mixed paper, newspaper, plastic and any other item deemed recyclable by the Director.

[Amended 12-8-2015 by L.L. No. 49-2015]

REFUSE

All putrescible and nonputrescible materials (except body wastes) that are discarded or rejected as useless or worthless, including but not limited to garbage, rubbish, ashes, scrap metal and yard waste.

RESIDENTIAL YARD WASTE

Vegetation consisting of plant debris, garden waste, leaves, trimmings or prunings created by regular seasonal maintenance of residential properties by homeowners. Residential Yard Waste excludes grass and land-clearing debris such as dirt, rocks, mulch, woodchips, rootballs, and tree limbs, trunks, stumps, or branches larger than 5' in diameter.

[Added 11-19-2020 by L.L. No. 47-2020]

RESOURCE RECOVERY FACILITY

The waste-to-energy facility and appurtenant structures located at or near 99 Town Line Road, East Northport, New York.

[Amended 12-8-2015 by L.L. No. 49-2015]

ROLL-OFF CONTAINER

An open-top container used on a temporary or short-term basis for the collection of nonputrescible waste, including but not limited to construction and demolition material. Such container is typically loaded on a collection vehicle and transported to a transfer or disposal facility for processing or off-loading.

[Amended 12-8-2015 by L.L. No. 49-2015]

SOLID WASTE

All putrescible and nonputrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owner's at the time of such discharge or rejection, including but not limited to refuse, industrial and commercial waste, sludges from air or water control facilities, tires, contained gaseous material, construction and demolition material, but not including sewage and other highly diluted water-carried materials or substances and those in noncontainerized gaseous form.

[Amended 12-8-2015 by L.L. No. 49-2015]

SPOT MARKET WASTE

All nontown solid waste accepted for processing at the Resource Recovery Facility for the purpose of maintaining adequate fuel inventory.

[Added 7-1-1998 by L.L. No. 31-1998]

STREET

Any road, avenue or other public highway in the Town of Huntington.

TOWN

The Town of Huntington, Suffolk County, New York.

TOWN BOARD

The duly elected and constituted legislative body of the Town.

[Amended 12-8-2015 by L.L. No. 49-2015]

TOWN FACILITY

An area or facility designated by the Town for the storage, transportation, recycling, processing, separation, treatment or disposal of solid or liquid waste.

UNACCEPTABLE RECYCLABLE ITEM

Items designated as an unacceptable recyclable item shall be added or removed from the Town of Huntington recycling program upon notification to the public via the annual Trash and Recycling Calendar mailed to residential dwellings and posted on the Town of Huntington website.

[Added 11-19-2020 by L.L. No. 47-2020]

WHITE GOODS

Metal household appliances including but not limited to stoves, refrigerators, washing machines and dishwashers or other large metal household waste items.

[Amended 12-8-2015 by L.L. No. 49-2015]

YARD WASTE

Solid waste consisting of vegetation generated by landscaping activities, including but not limited to grass clippings, weeds, branches and leaves.

§ 117-2 License and permits required.

[Amended 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001; 12-8-2015 by L.L. No. 49-2015]

(A) License. It shall be unlawful for any person to engage in or to permit, allow, or cause another to engage in the collection and/or disposal of solid or liquid waste, or to transport such waste across any street without benefit of a license issued by the Huntington Town Clerk, except that a property owner or lessee of property removing, disposing and/or transporting liquid or solid waste from his own property shall not require a license.

(B) Permits. The collection, disposal and transportation of solid or liquid waste shall require the following permits.

(1) Collection vehicle permit. It shall be unlawful for any person to permit, allow, or cause any vehicle under his control to be used for the collection or disposal of solid or liquid waste, or to be used for the transportation of such waste across any street without benefit of a permit having been issued by the Huntington Town Clerk, except that a property owner removing, disposing and/or transporting liquid or solid waste from his own property shall not require a permit. All permits shall be affixed to the front driver's side of such vehicles and be clearly visible at all times. Failure to affix the permit to the vehicle or to affix the permit in an improper fashion or location shall be a violation of this chapter; and

(2) Container permit.

(a) It shall be unlawful for any person to use, allow or cause another to use any dumpster, compactor unit, receptacle or roll-off container to collect, remove, dispose, hold, or contain solid waste without benefit of a permit having been issued for such container by the Huntington Town Clerk.

(b) A permit shall only be affixed provided the dumpster, compactor unit or roll-off container is in good condition, free from leakage and in working order and if the name and telephone number of the owner appears on two (2) opposite sides of the container in letters at least four (4) inches in height. All compactor units and roll-off containers shall have their permits affixed so that the permit is clearly visible and is as close to the cab as possible on the driver's side of the vehicle transporting such container. Upon the sale or transfer of a container, a permit issued to the new owner and the new owner's name and telephone number shall be affixed to the container prior to placing it in service. Failure to affix the permit to the container or to affix the permit in an improper fashion or location shall be a violation of this chapter; and

(C) Fraudulent practices. It shall be a violation of this chapter for any person, without a license and/or permit, delivering solid or liquid waste to a Town facility in furtherance of a business or commercial venture to represent himself as the property owner or lessee of property who generated the waste.

§ 117-3 Application for license; contents.

[Amended 7-1-1998 by L.L. No. 31-1998; 11-23-1999 by L.L. No. 21-1999; 7-25-2000 by L.L. No. 19-2000; 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001; 12-8-2015 by L.L. No. 49-2015]

(A) All applications shall be filed in the Department of Environmental Waste Management on forms provided by the Director no later than November 15 of the year immediately preceding the year for which the license is requested. If November 15 falls on a weekend or a holiday, the deadline shall be automatically extended to the next business day. Any application for a renewal of a license filed after the deadline shall be subject to a late filing fee of $100.00. All applications shall be verified under oath and contain by the following information:

[Amended 7-13-2021 by L.L. No. 35-2021]

(1) Applicant information. The name, address, home telephone number, social security number, citizenship and date of birth of the applicant, if an individual and the person-in-charge of the waste collection business, if different, in the case of an unincorporated association, the name, address, date of birth, home telephone number, social security number and citizenship of each member or associate thereof and, in the case of any corporation, the name, address, home telephone number, social security number, date of birth and citizenship of each officer or director and each stockholder owning more than twenty (20%) percent of the stock thereof. All business entities shall provide the employer ID number.

(2) Similar ventures. Identify whether the applicant, or each member or associate or partner thereof, if an unincorporated association or partnership, or each director and officer and stockholder owning more than twenty (20%) percent of the stock thereof, if a corporation, and their immediate families, currently holds an interest, either directly or indirectly, in any other business venture or entity which, either in whole or in part, collects, transports, or disposes of solid or liquid waste.

(3) Prior convictions. Whether the applicant or a member or associate thereof, if an unincorporated association, or, if a corporation, any director or officer, and any stockholder owning twenty (20%) percent or more of the stock thereof has a record of a prior conviction or convictions within the past five (5) years of a felony or a crime which would now be classified as a Class A or Class B misdemeanor. Where there has been such a conviction or convictions, the applicant shall set forth in which court when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court that imposed such conviction(s). If a certificate of relief from civil disabilities has been issued by a court of competent jurisdiction, the applicant shall submit a certified copy of same.

(4) Vehicle information. Every applicant for a license shall be the owner or lessee of all vehicles to be used for collection of solid or liquid waste. The applicant shall disclose the number of collection vehicles to be utilized by the applicant and a description of each such vehicle, the name and address of the owner of the vehicle, the make, model, and year, the body type, the cubic capacity, gross weight, color of vehicle, serial number, current registration and motor vehicle license plate number. In the event that a vehicle is not owned by the applicant, the name, address and telephone number of the owner is to be so stated, and, in the event that said owner is either an unincorporated association or a corporation, the owner shall be listed with the same detail as provided in (A)(1) of this section, and a copy of the lease agreement shall be provided.

(5) Storage location. A statement of the location of the storage area of the vehicles identified on the application.

(6) Operator information. The name, residence address, date of birth, gender and operator's or chauffeur's license number of each person who will operate or be assigned to work on each vehicle identified on the application, together with all traffic infractions and violations for which there were convictions within three (3) years prior to application.

(7) Customer service schedule. A full and complete daily route sheet and pickup schedule, showing the customers to be serviced by the commercial carting applicant, in duplicate.

(8) Managing agent or official. The name, home address and telephone number, both day and night and cell number, of the managing agent or the person in charge of the business.

(9) Fingerprints and convictions. As part of the application process, all applicants and members thereof, if an unincorporated association, or, if a corporation, each director or officer, and each stockholder owning twenty (20%) percent or more of the stock thereof, shall be fingerprinted through, and shall pay the cost for the services of, a New York State Division of Criminal Justice Service-approved statewide vendor-managed civil fingerprint capture system. In the case of a foreign corporation, directors or officers, and stockholders owning twenty (20%) percent or more of the stock who do not reside in the State of New York, shall not be required to submit fingerprints in compliance with this section, provided that with respect to such corporations there shall be fingerprints obtained from at least one responsible management official of the corporation who resides in the state and who oversees the operations for which the application is made. In the case of such foreign corporations, there shall be submitted an affidavit from each director or officer, and each stockholder owning twenty (20%) percent or more of the stock, stating whether they have been convicted of any:

(10) In the event that any property of an applicant, whether real or personal, is either pledged or mortgaged, the name and address of the pledgee or mortgagee, and the amount pledged or mortgaged shall be disclosed.

(11) The applicant shall produce the Certificate of Incorporation; or a Certificate of Assumed Name, if a general partnership or individual; Application for Authority and filed receipt of the Department of State if the applicant is a foreign corporation, as the case may be.

(12) Any other information or documentation requested by the Director or Town Clerk.

(B) Amendment to the application. In the event there is a change in the information provided on the application, the applicant and/or licensee shall advise the Director in writing within five (5) calendar days of the change. Failure to notify the Director shall be deemed a violation of this chapter.

(C) False or misleading statements. Any false or misleading statements in any license application shall be grounds for invalidation of the license by the Huntington Town Clerk.

§ 117-4 Issuance or denial of license.

[Amended 7-25-2000 by L.L. No. 19-2000; 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001]

(A) Upon compliance with the terms hereof, the Town Clerk shall issue the license, unless the applicant, including a majority stockholder thereof:

[Amended 10-13-2004 by L.L. No. 31-2004]

(1) Has been convicted of an offense under this chapter within five (5) years prior to the date of submission of a completed application for a license. Where an applicant has previously been convicted of a violation of an offense under this chapter, the Town Clerk shall issue the license, provided that the Director or their designee has recommended that the license be issued based upon a determination that the code violations in question are minor and not likely to impact on the quality of service provided or otherwise impact on the applicant's ability to comply with the Town Code in the future and, where applicable, to be in compliance with the town's contractual requirements;

(2) Has been convicted of a felony or a crime which would now be classified as a Class A or Class B misdemeanor within five (5) years prior to the date of submission of a completed application for a license, unless a satisfactory certificate of relief for the felony or Class A or Class B misdemeanor has been issued.

(B) Notice of denial of a license shall be given in writing by certified mail, return receipt requested. Such denial shall set forth the grounds therefor and advise the applicant of the right to an appeal hearing.

[Amended 2-10-2004 by L.L. No. 5-2004]

§ 117-5 Appeal from denial of license.

[Amended 9-25-2001 by L.L. No. 13-2001; 2-10-2004 by L.L. No. 5-2004]

(A) Any applicant who is refused a license or permit may appeal the decision of the Town Clerk by making a written request for a hearing to determine his/her fitness to hold such a license or permit, notwithstanding the convictions set forth in § 117-4.

(B) The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial of any permit or license issued under this chapter. The hearing officer shall submit his/her written findings and recommendations to the Town Board pursuant to the procedural requirements of § 117-17C of this chapter.

§ 117-6 (Reserved)

§ 117-7 License and permit fees.

[Amended 7-1-1998 by L.L. No. 31-1998; 11-23-1999 by L.L. No. 21-1999; 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001; 2-10-2015 by L.L. No. 8-2015; 12-8-2015 by L.L. No. 49-2015]

All fees established in this chapter shall be non-refundable and paid by check made payable to the Huntington Town Clerk.

(A) New license and permit(s). Every license application shall include payment of an application fee of five hundred ($500.) dollars. The application fee includes the cost of permitting one collection vehicle. The fee for each additional vehicle shall be two hundred ($200.) dollars and twenty-five ($25.) dollars for each dumpster, compactor unit or roll-off container the applicant will use for collection in the Town at any time during that license year.

(B) Substitute collection vehicle permit. The Town Clerk, upon the licensee's presentation of proper proof and payment of a fee of two hundred ($200.) dollars, may issue a substitute permit in the event that the original permit is lost, destroyed or otherwise rendered illegible.

(C) Replacement collection vehicle permit. In the event of the replacement of a permitted collection vehicle with another collection vehicle, the Town Clerk may issue a replacement permit for the replacement vehicle upon payment of a fee of two hundred ($200.) dollars.

§ 117-8 Additional application requirements.

[Amended 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001; 12-8-2015 by L.L. No. 49-2015]

At the time of application, the following documents and submissions shall be made.

(A) Insurance. Proof of the following insurance coverage, consisting of a certificate of an insurance carrier naming the Town of Huntington as certificate holder and an additional insured:

(1) Workers' compensation insurance.

(2) Disability benefits insurance.

(3) Automobile liability policy for bodily injury and property damage (with minimum limits of $1,000,000 per occurrence). Coverage for owned, nonowned and hired vehicles shall be for the same limits.

(4) General liability and property damage (with a minimum limit of $1,000,000 for each occurrence).

(B) Security deposit.

(1) Each applicant who obtains a charge account for solid waste from the Town shall submit a security deposit to the Town in the form of cash or surety bond in such form as may be acceptable to the Town. In all instances, the amount of the security deposit shall be determined by the Director. A cash deposit shall be no less than ten thousand ($10,000.) dollars and shall be held by the Town in an interest-bearing account. A surety bond shall be in an amount not less than twenty-five thousand ($25,000.) dollars, and shall be issued by a bonding company authorized to do business in the State of New York with an AM Best rating of "A-" or better.

(2) In the event that a licensee's account balance exceeds that licensee's cash deposit of ten thousand ($10,000.) dollars for any two (2) months of a twelve-month billing period, the Director shall require that licensee to submit an additional cash deposit in an amount the Director determines is reasonable under the circumstances.

(3) In the event that the account balance of a licensee who has submitted cash deposits totaling twenty thousand ($20,000.) dollars exceeds twenty thousand ($20,000.) dollars for any two (2) months during a twelve-month billing period, the Director shall require that licensee to substitute for the cash deposits a payment bond from a bonding company authorized to do business in the State of New York with an AM Best rating of "A-" or better, in such form as may be acceptable to the town, of no less than twenty-five thousand dollars ($25,000.). The amount of the payment bond shall be determined by the Director.

(4) Financial exposure. In the event that the Director determines that a licensee's unpaid charges are in an amount which the Director reasonably believes exposes the Town to financial loss, the Director may immediately suspend the licensee's privileges and access to Town facilities. Upon payment by the licensee of amounts owed to the Town, including all late charges, together with sufficient security as may be determined by the Director, the Director shall restore the licensee's privileges and access to Town facilities.

(5) Termination, revocation or surrender. The cash security and all accrued interest less payments due shall be returned to the licensee within ninety (90) days after termination, revocation or surrender of the license.

§ 117-9 Collection vehicle inspection.

Each license applicant shall produce each collection vehicle listed in the application for inspection at a time and place to be named by the Director. Failure of an applicant to produce any collection vehicle at the time and place fixed by the Director shall be deemed an abandonment of the application for a permit for that vehicle, unless such vehicle is produced at such subsequent time and place as the Director shall fix; and no application shall be processed by the Town Clerk for the issuance of a license and permit(s) until the vehicle or vehicles listed in the application have passed such inspection.

§ 117-10 Reinspection of collection vehicle.

After the issuance of a license and permit(s), each licensee shall produce each permitted collection vehicle for reinspection upon request at a time and place designated by the Director. When, upon reinspection, a vehicle is found not to be in full compliance with this chapter or the rules and regulations adopted hereunder, the permit for such vehicle may be suspended until remedial action by the licensee places the vehicle again in full compliance with this chapter and the rules and regulations adopted hereunder.

§ 117-11 Substitute collection vehicle.

[Amended 7-1-1998 by L.L. No. 31-1998; 9-26-2000 by L.L. No. 27-2000]

In the event that a permitted collection vehicle is temporarily removed from service, a licensee may place a substitute collection vehicle in service only after having submitted a completed substitute vehicle request form to the Department and obtaining the permit and paying the fees as specified in § 117-7 herein. One form shall be completed for each substitute collection vehicle. Any collection vehicle operating as a substitute collection vehicle without authorization shall be denied entry to Town facilities.

§ 117-12 Issuance of license and permits; term of license; transfer; assignments; and surrender.

[Amended 9-26-2000 by L.L. No. 27-2000; 12-8-2015 by L.L. No. 49-2015]

(A) Issuance of license. The Town Clerk, upon the recommendation of the Department of Environmental Waste Management that the applicant is qualified and able to conduct the business of solid and/or liquid waste disposal, and that based on the information on the application and submissions of the applicant, a license may be issued, shall issue such license and permits as requested by the applicant.

[Amended 7-13-2021 by L.L. No. 35-2021]

(B) Term of license and permits. All licenses and permits for vehicles and containers shall be effective as of January 1 of the year specified on the permit and shall expire on December 31 of that year, unless sooner suspended or revoked.

(C) Acceptance of license or permit. The acceptance of a license or permit shall constitute an agreement by the licensee that the business will be operated in compliance with the provisions of this chapter, the regulations of the Department and of all agencies having jurisdiction. A licensee who engages in the business, or causes the business to be operated in a manner that is not in compliance with the license or permit or applicable regulations shall be in violation of this chapter.

(D) Non-transferability of license or permit.

(1) License. Any license issued pursuant to the provisions of this chapter shall not be transferred or assigned to any person nor used by any person other than the licensee to whom it was issued. Any person who transfers or assigns a license to another, or allows the license to be used by another, or uses the license issued to another shall be in violation of this chapter. In addition to any other penalty provided for herein, the license and all permits may be suspended or revoked.

(2) Permit. No person shall display or allow another to display, or use a permit on a vehicle or container other than on the vehicle or container for which the permit was issued. In such a case, the licensee to whom the permit was originally issued and the owner or person-in-charge of the vehicle or container, as the case may be, shall be deemed in violation of this chapter. In addition to any other penalty provided for herein, the license and all permits may be suspended or revoked.

(3) Surrender. If a collection vehicle is sold or transferred, or if a container is sold or decommissioned, such permit becomes null and void and the licensee must surrender the permit issued for such vehicle or container to the Town Clerk within four (4) business days of the transfer, sale or date of decommission. Failure to surrender the permit or to do so on a timely basis shall be deemed a violation of this chapter.

(E) Alteration of license or permit. It shall be unlawful to alter, obscure, deface, change or otherwise tamper with any portion of a license or permit issued pursuant to this chapter. The licensee and the person who has possession of the altered document shall be liable for a violation of this chapter. In addition to any other penalty provided for herein, the license and all permits may be suspended or revoked.

§ 117-13 License and permit renewal.

[Amended 6-5-2007 by L.L. No. 27-2007; 2-10-2015 by L.L. No. 8-2015]

Any licensee making application for renewal license and permit(s) who has an existing charge account balance shall be denied such renewal if that licensee carries a past due balance of over thirty (30) days at the time of application. Denied renewal applications shall be reconsidered upon payment of the past due balance and all late charges as provided in § 117-28C(1). New fingerprints for each renewal period may be waived by the Town Clerk, unless the license has lapsed for a period of time in excess of two (2) years.

§ 117-14 Markings and identification on collection vehicles, roll-off containers and dumpsters.

[Amended 10-19-1999 by L.L. No. 18-1999]

(A) Each permitted collection vehicle, roll-off container or dumpster shall have painted or otherwise permanently affixed on the outside of each door of the cab, or side of the roll-off container or dumpster, the name and telephone number of the licensee, in letters not less than four (4) inches in height. This section shall not apply to substitute collection vehicles which display proof of authorized use as provided in § 117-11.

[Amended 9-26-2000 by L.L. No. 27-2000; 12-8-2015 by L.L. No. 49-2015]

(B) Each roll-off container or dumpster shall have attached a valid permit with a unique identification number. The permit shall be issued in conformance with § 117-7A. In addition, it shall be clearly marked on each side with reflective safety markings as specified in regulations issued by the Superintendent of Highways or designee pursuant to this chapter.

(C) Each roll-off container which is to be placed on Town property, including its streets and sidewalks, shall have an additional permit issued after approval of an application, by the Highway Department, which will describe the exact proposed location. Upon the review of this application, and the receipt of a nonrefundable twenty-five ($25.) dollars fee, a permit for the specified period of time the box will be located at the site will be issued. The roll-off container or dumpster must be removed by the date specified in the permit unless an extension is obtained. The roll-off container or dumpster must be removed or emptied within forty-eight (48) hours of a notice issued by the Town to the licensee if said box is full. A roll-off container or dumpster shall be deemed full if any portion of the contents of same extend above the rim of such container. The permit may be rescinded by the Town if the location or condition is deemed hazardous by the Superintendent of Highways or their designee. The Town is authorized to dispose of the roll-off container or dumpster if it is not removed within twenty-four (24) hours of a notice issued to the licensee by delivery to the licensee's address; the cost for said removal to be a charge against the licensee and recovered from such licensee.[1]

[1] Editor’s Note: Former Subsection (D), providing a penalty for violation of this section, which immediately followed, was repealed 2-7-2017 by L.L. No. 5-2017. See now § 117-34, Penalties for offenses.

§ 117-15 through § 117-16. (Reserved)

§ 117-17 Suspension, revocation or denial of license or permit; hearing.

[Amended 9-25-2001 by L.L. No. 13-2001; 2-10-2004 by L.L. No. 5-2004; 2-10-2015 by L.L. No. 8-2015; 12-8-2015 by L.L. No. 49-2015]

(A) Suspension or revocation. Any license issued hereunder may be suspended or revoked after a hearing if the licensee, or such member, associate, partner, director, officer, agent thereof, or stockholder of the licensee owning twenty (20%) percent or more of the licensee's corporation is:

(1) Convicted of a violation of any provision of this chapter of the Code, including but not limited to the failure to maintain the scheduled collection according to a Town contract, or making a false statement or misrepresentation in the application to the Town, or made in the course of conducting the licensed business; or

(2) Convicted of a felony or Class A or B misdemeanor; or

(3) Determined to have breached a Town contract for the collection, transportation or disposal of residential solid waste, yardwaste, or recyclables.

(4) The maintenance or operation of the licensee's business creates a public nuisance or hazard, or threatens the life, welfare or safety of persons or property, in the opinion of the Town; or

(5) Notwithstanding any other provision to the contrary, the Director may suspend a license in accordance with § 117-8(B)(4) and § 117-28(C)(2).

(B) Hearing officer. It is the intention of the Town Board to protect the legal rights of the public by insuring every applicant under this chapter receives fair and expeditious due process by providing for an administrative hearing officer to alternatively preside over license suspension and application denial hearings. In order to accomplish this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12) and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supersede and/or expand upon the applicable provisions of § 137 of the Town Law, and any other applicable or successor law, in order to authorize an appointed administrative hearing officer to preside over appeals from the denial, suspension or revocation of licenses and permits.

(C) Hearings. Whenever the Town Clerk makes a determination to deny, or seeks to suspend or revoke a license or permit, or the license is suspended by the Director under § 117-8(B)(4) or § 117-28(C)(2) the applicant or licensee, as the case may be, shall be given written notice of the reason for such action and an opportunity to appear before the Town Board or a duly appointed hearing officer and present evidence in his own behalf.

(1) All hearings contemplated under this chapter shall be administered by the Town Board or a duly appointed administrative hearing officer.

(2) All hearings shall be recorded.

(3) Where the Town Board administers the public hearing, a determination based on the facts and evidence presented must be made declaring:

(a) Reversal. The Town Board may reverse the suspension and reinstate said license, certificate or permit. The Town Board may reverse the denial of the permit application and allow said application to proceed pursuant to the provisions of this chapter; or

(b) Affirmation. The Town Board may affirm the suspension of the license, certificate or permit. The Town Board may affirm the denial of the permit application.

(4) The hearing officer must file his/her written findings and recommendations with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and render its decision as in § 117-17C(3) herein.

(5) The hearing officer shall send his/her written findings and recommendations to the applicant by regular or certified mail no later than thirty (30) days from the close of the hearing. The applicant may file written exceptions to the findings and recommendations of the hearing officer. The written exceptions shall be filed with the Town Board at least five (5) days prior to a scheduled Town Board meeting.

(D) In addition to such suspension or revocation, any such license, officer, director, officer, agent or stockholder owning twenty (20%) percent or more of the licensee's corporation, may also be subject to imposition of penalties pursuant to this chapter in lieu of or in addition to whatever other remedies may be available pursuant to law or in contract.

(E) Procedure and decisions.

(1) At the time and place set for hearing and appeal, the Town Board or a duly appointed administrative hearing officer shall hear the Town Clerk (or his/her designee), the appellant and all other persons wishing to be heard on the refusal rejection, denial, suspension of the license, certificate or permit issued under this chapter.

(2) The decision of the Town Board is final and shall be mailed to the applicant and filed with the Town Clerk.

(3) Fees and outstanding charges. The non-refundable fee for such hearing shall be five hundred ($500.) dollars, which shall be in addition to any other outstanding payments due and owing to the Town. Upon revocation of a license, the person whose license has been revoked shall make any and all outstanding payments due and owing to the Town.

§ 117-18 (Reserved) [1]

[1] Editor's Note: Former § 117-18, Routes to Town solid waste facility, as amended, was repealed 12-8-2015 by L.L. No. 49-2015.

§ 117-19 Authority of Director.

[Amended 7-1-1998 by L.L. No. 31-1998; 9-26-2000 by L.L. No. 27-2000; 12-8-2015 by L.L. No. 49-2015]

(A) The Director, or his designee, shall be authorized to establish such rules and regulations as he deems necessary for the day to day operation and maintenance of the Town solid or liquid waste disposal facilities and users thereof, subject to the rules and regulations promulgated by the Huntington Town Board. Any person who violates the rules and regulations established for the facilities shall be deemed in violation of this chapter; and

(B) The Director is authorized to establish the routes for users of the Town's solid and liquid waste disposal facilities, and it shall be a violation of this chapter for any person to deviate from or disregard, in whole or in part, the routes established by the Director; and

(C) No person shall fail, refuse or neglect to obey any reasonable request or order of the Director or his designee. Any person who fails to comply with such directives shall be deemed in violation of this chapter and subject to the penalties thereof.

§ 117-20 General maintenance and operation of collection vehicles.

Every collection vehicle shall be maintained, operated and used at all times only in full compliance with all applicable provisions of federal, state and local law and all applicable rules and regulations as may be adopted thereunder.

§ 117-21 Standards for storage of waste.

[Amended 1-16-2004 by L.L. No. 38-2004; 12-9-2014 by L.L. No. 44-2014; 12-8-2015 by L.L. No. 49-2015]

Any person who violates any of the following regulations shall be deemed to be in violation of this chapter.

(A) Storage of residential solid waste prior to collection.

[Amended 11-19-2020 by L.L. No. 47-2020]

(1) It shall be the responsibility of the property owner, tenant or occupant of a residential property to provide receptacles of sufficient capacity to contain the Household Garbage ordinarily generated on that property during ninety-six (96) consecutive hours. The receptacles shall be kept closed and maintained in good and sanitary condition by periodic cleaning, and, when filled, each receptacle shall not exceed fifty (50) pounds in total weight or forty-two (42) gallons in volume. Said receptacles shall be placed for collection in an accessible area adjacent to the curb immediately in front of the property no earlier than 6:00 p.m. the day before the day of collection and removed no later than 12:00 p.m. the day after the day of collection to a location to the rear of the front line of the main dwelling. Any Person who places for collection any waste not generated on the property shall be in violation of this chapter.

[Amended 11-19-2020 by L.L. No. 47-2020]

(2) No more than six receptacles or bags of Household Garbage in combination, exclusive of yard waste and bulk items, may be placed for any one collection. Any owner, tenant or occupant of a residential property who places for collection any waste not generated on that property shall be in violation of this chapter.

[Amended 11-19-2020 by L.L. No. 47-2020]

(3) Any tenant, occupant or owner of a residential property that has a collection day cancelled due to a scheduled holiday may place no more than twelve receptacles or bags of Household Garbage exclusive of Residential Yard Waste and Bulk Items, for collection on the next scheduled trash collection day. Any owner, tenant or occupant of a residential property who places for collection any waste not generated on that property shall be in violation of this chapter.

[Amended 11-19-2020 by L.L. No. 47-2020]

(4) Refrigerators and similar white goods shall have the doors removed prior to placement at the curb for collection so as to assure that no person or animal might accidentally be locked in the interior of such appliance.

(5) Residential yard waste shall be kept separate and apart from other waste when placed for collection. It shall be unlawful to commingle or cause to be commingled yard waste with other solid waste. Residential Yard Waste shall be placed for collection in uncovered receptacles or plastic bags only. Branches may not protrude more than 12" above the rim of the receptacle, or must be bundled and tied into 2' x 2' x 4' bundles weighing no more than 50 lbs. No more than ten (10) receptacles, bags or bundles of Residential Yard Waste may be placed out for any one collection. Any Residential Yard Waste exceeding the ten item limit must be stored at a location on the property to the rear of the front line of the main dwelling until the next collection day.

[Amended 11-19-2020 by L.L. No. 47-2020]

(6) On the second pick-up date of the week, no more than four (4) bulk items shall be placed for collection on residential parcels receiving curbside collection from the Town or its designated contractors.

[Amended 11-19-2020 by L.L. No. 47-2020]

(a) Any person disposing of bedding for collection as bulk item(s) shall enclose such bedding within one bedbug proof bag. Such bag shall be constructed in such a manner and be of such size as to readily contain the bedding to be disposed of. Such bag must be securely sealed after the bedding is placed inside. Heavy duty bags that new mattresses are delivered in may be used. However, the mattress must be completely sealed inside the bag.

(b) Failure to enclose any bedding placed at the curbside or other designated areas for collection by the department (Special Collection) within a plastic bag pursuant to this section shall be deemed a violation of department regulations and this Chapter.

(B) Storage of residential recyclable items prior to collection.

(1) Every owner, tenant or occupant of a residential property shall sort and store separately all recyclable items discarded as waste. It shall be unlawful to place for collection any receptacle or other container that contains a mixture of recyclable items and nonrecyclable waste.

(2) Glass, metal cans and plastic, after being emptied and cleaned, shall be commingled and placed in any rigid container with a tight fitting cover and handles adequate for lifting that has two (2) recycling decals provided by the Town permanently affixed on opposite sides. Such containers shall not exceed forty-two (42) gallons in volume or fifty (50) pounds when full and shall be used exclusively for recyclable items.

[Amended 12-18-2018 by L.L. No. 45-2018]

(3) Newspaper and mixed paper may be commingled and placed in any rigid container with a tight fitting cover and handles adequate for lifting that has two (2) recycling decals provided by the Town permanently affixed on opposite sides. Such containers shall not exceed forty-two (42) gallons in volume or fifty (50) pounds when full and shall be used exclusively for recyclable items. Alternatively newspaper and mixed office paper may be placed in paper supermarket bags or tied into bundles not weighing more than fifty (50) pounds or exceeding twelve (12) inches in height.

[Added 12-18-2018 by L.L. No. 45-2018[1]]

[1] Editor's Note: This local law also redesignated former Subsection (B)(3) through (5) as Subsection (B)(4) through (6), respectively.

(4) Cardboard shall be flattened and tied into bundles not exceeding four (4) feet in length or more than fifty (50) pounds in weight, and placed at the curb alongside the container of newspapers and mixed paper when placed for collection.

[Amended 12-18-2018 by L.L. No. 45-2018]

(5) Recyclable items shall be placed for collection in an accessible area adjacent to the curb immediately in front of the property no earlier than 6:00 p.m. the day before the day of collection. All recyclable item containers shall be removed no later than 12:00 p.m. the day after the day of collection to a location to the rear of the front line of the main dwelling.

(6) This subsection shall not be construed to limit the right of residents to deliver their recyclable items directly to the Town recycling center or to redeem their cans or bottles for any deposits paid.

(C) Storage of commercial or industrial solid waste prior to collection.

(1) All commercial establishments shall provide for storage of waste on site. Any owner, user or occupant of commercially or industrially zoned or utilized property who removes any acceptable waste generated on that property and does not deliver it or have it delivered directly to a licensed transfer station or solid waste disposal facility shall be in violation of this chapter.

(2) Any owner, user or occupant of commercially or industrially zoned or utilized property in the Town having evening manual collection of solid waste shall place such waste at the curb or on the sidewalk in front of or abutting the subject premises no earlier than 3:45 p.m. nor later than 4:15 p.m. on any regularly scheduled collection day.

[Amended 4-16-2019 by L.L. No. 18-2019]

(3) Commercial or industrial solid waste to be manually loaded into collection vehicles shall be deposited in tightly sealed plastic bags or receptacles equipped with adequate handles and tightly fitted covers. Cardboard shall be separated from other solid waste and placed for collection in a separate receptacle or in flattened and tied bundles not to exceed four (4) feet in length. Once placed for collection as described in § 117-21C(2), the receptacles shall be removed from the collection area no later than 12:00 p.m. the day after the day of collection. No boxes, pails or barrels shall be used for storage of waste, and collectors shall be required to remove all such containers.

(4) Commercial or industrial solid waste which is to be mechanically loaded into collection vehicles shall be deposited in dumpsters, compactor units or roll-off containers equipped with tightly fitted covers or loading doors that shall be kept closed at all times except during loading operations. Such covers or loading doors shall not be required for roll-off containers used exclusively for construction and demolition material. Such containers shall be placed as designated in the site plan or at the rear of the building if readily accessible to the collection vehicle, and in no case shall any container be placed so as to obstruct or interfere with vehicular or pedestrian traffic. It shall be unlawful to place on any property in the Town a container that does not comply with the provisions set forth in § 117-2B(2).

(5) In the event that a commercial establishment ceases operations, moves or otherwise discontinues the use of a dumpster, compactor unit or roll-off container, the container owner shall remove the container from the premises or secure it in such fashion as to ensure that it remains empty until such time that the container is placed back in service. Any out-of-service container that does not remain empty shall be emptied promptly by the container owner at the owner's expense.

(D) Unlicensed dumpsters, compactor units and roll-off containers.

(1) No person, partnership, company, corporation or other entity shall maintain, place or keep on their land any unlicensed or otherwise unlawful dumpster, compactor unit or roll-off container.

(2) Any unlicensed dumpster, compactor unit or roll-off container placed on any public property shall be deemed abandoned and a hazard to the general public.

(3) The Town shall have the right to seize, without notice, any dumpster, compactor unit or roll-off container that is in violation of § 117-21D(2). The Town shall remove and store the unlicensed dumpsters, compactor units and/or roll-off containers at the sole expense of the owner.

(4) Where any person, partnership, company or corporation or other entity is licensed pursuant to this chapter, but is in violation of § 117-2B(2) herein, the Town shall have the right to seize any dumpster, compactor unit or roll-off container in violation of § 117-2B(2) so long as notice of pending seizure is sent to the owner via certified mail and the violation has not been cured within forty-eight (48) hours of receipt of said notice. The notice must identify the location and contain a description of the dumpster, compactor unit and/or roll-off container.

(5) Any dumpster, compactor unit or roll-off container seized under this section shall be returned to the owner upon the following conditions being met

(a) The owner provides sufficient proof of ownership of the dumpster, compactor unit and/or roll-off container. If ownership cannot be determined and at least five (5) days have elapsed since the seizure, the Town may release the dumpster, compactor unit and/or roll-off container to the claimant, so long as the claimant provides sufficient identification and contact information and pays a refundable five hundred ($500.) dollars deposit, which is to be returned to the claimant after three (3) months have elapsed and no claim of ownership has been made.

(b) The owner pays all statutory fees outlined in § 117-21D(6).

(6) The owner or claimant of any dumpster, compactor unit or roll-off container seized pursuant to this chapter shall be assessed an impound fee of five hundred ($500.) dollars per container and fifty ($50.) dollars for each day the dumpster, compactor unit or roll-off container is in the Town's possession. Any dumpster, compactor unit or roll-off container impounded for greater than thirty (30) days will be declared abandoned property and title will forfeit to the Town.

§ 117-22 Standards for collection.

(A) No collection shall be made between the hours of 3:30 p.m. and 6:00 a.m. or on Sundays or holidays when the town's facilities are closed. This section shall not apply to the town, school districts, fire departments or other municipal agencies.

[Amended 9-8-2009 by L.L. No. 10-2009]

(B) Collections are to be made at all times in such a manner and by such methods as to avoid the making of unnecessary noise and to prevent the discharge of dust and the spilling of waste upon the streets and sidewalks. Every collection vehicle operator shall immediately remove all waste spilled, littered or thrown upon the streets and sidewalks from loading operations or while in transit.

(C) The Director shall regulate the times that recyclable items are to be collected from residences. Recyclable items shall be collected exclusively at such times, and at no other time shall a licensee remove recyclable items from any residential property.

(D) Collection vehicles transporting nonputrescible solid waste may be of an open body type, provided that such vehicle is securely fitted with a canvas or other cover to prevent the discharge of any material while the vehicle is in transit.

(E) Collection vehicles transporting putrescible solid waste or liquid waste shall be of a closed body type, being completely enclosed and watertight.

(F) All loading doors, accessory doors, covers and other enclosures of loader openings of every collection vehicle shall be kept closed and secured at all times except during loading operations.

(G) Solid waste loaded in or on any collection vehicle shall not be reworked, resorted, rehandled or transferred to another vehicle while the collection vehicle is on the streets. Such waste shall be carried at all times solely within the vehicle body or solely within containers on or in the vehicle body.

(H) Every collection vehicle and container shall be cleaned frequently both inside and outside and periodically disinfected with germicides and insecticides so as to be maintained in clean and sanitary condition.

(I) [1]It shall be unlawful to store or garage any collection vehicle containing any form of waste.

[1] Editor's Note: Former Subsection (I), regarding liquid waste, was repealed 9-26-2000 by L.L. No. 27-2000, and former Subsection (J) was renumbered as Subsection (I).

§ 117-23 Residential source separation.

[Amended 9-8-2009 by L.L. No. 10-2009; 12-9-2014 by L.L. No. 44-2014]

(A) A Town curbside recycling program is hereby established for separate collection of recyclable items from all residences receiving residential curbside collection service.

(B) Collection of Acceptable Recyclable Items shall occur once each week, except on weeks containing a holiday, at the discretion of the Director with the collection of cardboard, mixed paper and newspapers alternating weekly with the collection of commingled glass bottles, metal and plastic bottles/food containers. Collection days shall be designated as per the annual Trash and Recycling Calendar mailed to residential dwellings and published on the Town of Huntington website. No collection of recyclables shall be made earlier than 5:00 a.m.

[Amended 12-8-2015 by L.L. No. 49-2015; 12-18-2018 by L.L. No. 45-2018; 11-19-2020 by L.L. No. 47-2020]

(C) Residents receiving curbside collection service shall separate and place for collection their Acceptable Recyclable Items in accordance with the provisions set forth in § 117-21(B).

[Amended 12-8-2015 by L.L. No. 49-2015; 11-19-2020 by L.L. No. 47-2020]

§ 117-24 Commercial source separation.

[Amended 12-8-2015 by L.L. No. 49-2015; 4-14-2026 by L.L. No. 7-2026]

(A) All generators of solid waste from residences not receiving curbside collection service shall separate from their nonrecyclable waste those recyclable items, as designated by the Town of Huntington "Do's and Don'ts" recycling postcard as found on the Town of Huntington's website, for which economic markets exist.

(B) For the purposes of this section and § 117-23, the term "economic markets" shall mean the instances in which the full avoided costs of proper collection, transportation and disposal of source-separated recyclable items are equal to or greater than the cost of collection, transportation and sale of those recyclable items less the amount received from the sale of the recyclable items.

(C) The arrangement for collection and disposition of designated recyclable items shall be the responsibility of the person who owns, manages or operates the commercial, industrial or institutional establishment at which the recyclable items are generated or the person contractually obligated to arrange for collection of the establishment's solid waste. Such arrangements may include, without limitation, contracts with licensees for separate collection of any or all recyclable items, direct marketing of recyclable items or direct delivery to a recyclable processing facility.

(D) A licensee collecting solid waste may require its customers to place designated recyclable items into separate receptacles for collection on such days as the licensee shall designate.

§ 117-25 Unacceptable waste.

[Amended 9-8-2009 by L.L. No. 10-2009; 12-9-2014 by L.L. No. 44-2014; 12-8-2015 by L.L. No. 49-2015]

It shall be unlawful for any licensee to collect and any person to place for collection, for delivery to a Town facility any hazardous waste, regulated medical waste, regulated batteries, mixed loads of construction and demolition material, cow or horse manure, or electronic waste pursuant to § 27-2611 of the Environmental Conservation Law, except that household hazardous waste and electronic waste may be deposited for collection and recycling where designated at the Town's Recycling Center.

§ 117-26 Bulk items.

[Amended 11-19-2020 by L.L. No. 47-2020]

No licensee shall collect and no person shall place for collection, except as a bulk item pickup, any of the following:

(A) Boxes, containers and packing crates in bulk unless these items are dismembered into boards not more than four (4) feet long.

(B) Building materials and lumber bundled in pieces no more than four (4) feet long.

(C) Carpet and linoleum rolls in sections no more than four (4) feet long.

(D) Doors and screens of which any dimension is greater than four (4) feet unless these items are dismembered so that no piece is more than four (4) feet long.

(E) Machinery platforms and palettes that are whole unless the same are dismembered into individual boards not more than four (4) feet long.

(F) Fence sections, poles, sticks, signs, etc., unless the same are taken apart or broken into a reduced size of not more than four (4) feet long.

§ 117-27 Regulations on use of Town facilities.

[Added 7-1-2003 by L.L. No. 27-2003[1]]

(A) No collection shall be made on holidays when the Town facilities are closed. The Town Board, by resolution, shall establish the hours of operation of Town facilities.

(B) It shall be unlawful for any person other than Town employees to enter a Town facility for any purpose other than the delivery of acceptable waste.

(C) It shall be unlawful for any person to deposit or cause to be deposited any substance of any kind at solid or liquid waste facilities of the Town, except at the places and in the manner directed by the Town, whether such direction is given orally or by any other means, including by signage.

(D) The Director shall be authorized to regulate the conduct and operation of all vehicles and persons while at the Town's solid or liquid waste facilities, and to exclude or expel any person who fails to comply with the Town's rules and regulations.

(E) Prohibited materials. It shall be unlawful to deliver or to cause the following materials to be delivered to a Town facility under any circumstances:

[Amended 12-9-2014 by L.L. No. 44-2014; 12-8-2015 by L.L. No. 49-2015]

(1) Nonprocessible waste.

(2) Hazardous or regulated medical waste.

(3) Construction or demolition material in any vehicle or container with a load capacity greater than five (5) cubic yards, unless authorized by resolution of the Town Board.

(4) Passenger vehicle tires in excess of four (4) tires per delivered load.

(5) Electronic waste except that electronic waste may be deposited for collection and recycling where designated at the Town's Recycling Center.

[1] Editor's Note: This local law also repealed former § 117-27, Illegal dumping. For current provisions, see § 117-31.

§ 117-28 Fees for use of Town facilities.

[Added 7-1-2003 by L.L. No. 27-2003]

(A) Acceptable waste. The fee for the delivery of solid waste to any Town facility shall be eighty ($80) dollars per ton and shall be payable for all delivered acceptable waste, regardless of its origin or by whom delivered.

[Amended 11-16-2004 by L.L. No. 39-2004; 11-15-2012 by L.L. No. 17-2012]

(B) Exemptions:

(1) All recyclables generated exclusively on residential properties within the Town which are delivered to the Town of Huntington recycling center shall be exempt from the payment of a fee.

(2) The fee for spot market waste and/or waste not generated within the Town which is delivered to the resource recovery facility to satisfy fuel inventory requirements shall be subject to prevailing local waste disposal market conditions, as determined from time to time by the Director or his/her designee. Available disposal capacity shall be first offered to the waste hauler(s) paying the highest per-ton fee, and the remaining disposal capacity shall be offered successively to each such hauler paying the next-highest per-ton fee, until fuel inventory requirements are satisfied. The Director, or his/her designee, shall determine from time to time the interval with which to calculate fuel inventory requirements. All haulers delivering spot market waste or waste not generated within the Town to the resource recovery facility shall submit a security deposit to the Town as set forth in § 117-8(B).

[Amended 12-8-2015 by L.L. No. 49-2015]

(C) Late payment charges.

(1) A monthly late charge of one and one-half (1 1/2%) percent of the outstanding balance will be charged on all balances due over thirty (30) days.

(2) In the event a licensee fails to make full payment for any charges after sixty (60) days of the initial billing date, the Director may suspend access to the Resource Recovery Facility at Covanta Huntington and/or suspend the licensee's license. In addition, the licensee shall be subject to all other penalties, including late charges, provided for in this chapter until the full amount due is paid in full.

[Amended 12-8-2015 by L.L. No. 49-2015; 3-10-2020 by L.L. No. 10-2020]

§ 117-29 Back-door service.

[Added 9-26-2000 by L.L. No. 27-2000; amended 7-1-2003 by L.L. No. 27-2003[1] ]

(A) A homeowner may contract for back-door service directly with the carting contractor, who must provide such service upon request. Back-door service consists of a contractor collecting refuse, yardwaste and recyclables from a residential dwelling at a location other than the curbside immediately adjacent to the front or side of the residential dwelling. The charge shall be reasonable and negotiated between the homeowner and the contractor, and shall be billed and collected from the homeowner by the contractor without any assistance from the Town.

(B) The contractor and homeowner shall each execute a hold harmless agreement with the Town prior to commencement of service.

[1] Editor's Note: This local law also repealed former § 117-29, Deposit on streets and sidewalks prohibited, and redesignated former §§ 117-30 and 117-31 as §§ 117-29 and 117-30, respectively.

§ 117-30 Vandalism; care in handling receptacles.

[Amended 7-1-2003 by L.L. No. 27-2003]

It shall be unlawful for any person other than the owner to disturb any receptacle or recyclable item container provided for collection or interfere with its contents unless authorized by the Director. Collectors shall exercise all reasonable care in handling such receptacles and containers.

§ 117-31 Illegal dumping.

[Added 7-1-2003 by L.L. No. 27-2003]

It shall be unlawful for any person to deposit or cause to be deposited solid or liquid waste anywhere in the Town except a Town facility, nor shall any person use, operate, maintain or permit the use of any property as a dumping ground or transfer station for solid or liquid waste. This section shall not be construed to limit the right of any person to place waste for collection as provided in § 117-21.

§ 117-32 (Reserved) [1]

[1] Editor's Note: Former §§ 117-32, Removal of waste by home improvement contractors, and 117-33, Accumulations on vacant and/or unimproved lots or premises prohibited, as amended, were repealed 7-1-2003 by L.L. No. 2-2003.

§ 117-33 (Reserved)

§ 117-34 Penalties for Violations.

[Added 7-1-2003 by L.L. No. 27-2003[1]; amended 12-9-2014 by L.L. No. 44-2014; 2-7-2017 by L.L. No. 5-2017; 11-6-2019 by L.L. No. 56-2019]

The Town Board intends to exercise its authority under § 10(1)(i) and (ii)(a)(6), (a)(11) and (a)(12); § 10(1)(ii)(d)(3); and § 10(4)(b) of the Municipal Home Rule Law, § 268(1) of the Town Law and any other applicable provision of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of § 268(1) of the Town Law, and any other applicable or successor law pertaining to the enforcement of local laws and ordinances in order to impose a penalty and fine structure that best reflects the needs of the community.

(A) In addition to any other penalty set forth in this chapter and the Penal Law, any person who commits a violation of this chapter, except as provided in subdivision (B) below, shall upon conviction be guilty of an offense, punishable by a fine of not less than five hundred ($500) dollars nor more than five thousand ($5,000) dollars or by imprisonment not exceeding ten (10) days, or by both such fine and imprisonment upon conviction of a first offense; upon conviction of a second offense, committed within five (5) years of the first offense, shall be subject to a fine of not less than two thousand ($2,000) dollars nor more than ten thousand ($10,000) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense, committed within five (5) years of the first offense, shall be guilty of a misdemeanor punishable by a fine of not less than four thousand ($4,000) dollars nor more than fifteen thousand ($15,000) dollars or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each day, or part thereof such violation continues, following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication, shall constitute a separate offense, punishable in like manner.

[Amended 9-14-2021 by L.L. No. 50-2021]

(B) In addition to any other penalty set forth in this chapter and the Penal Law, any person who commits a violation of § 117-2(B), § 117-21, § 117-22, or § 117-26 shall upon conviction be guilty of an offense, punishable by a fine of not less than two hundred fifty ($250) dollars nor more than two thousand five hundred ($2,500) dollars, or imprisonment for a period not exceeding ten (10) days, or by both a fine and imprisonment for the first offense; upon conviction of a second offense, committed within five (5) years of the first offense, shall be subject to a fine of not less than five hundred ($500) dollars nor more than three thousand five hundred ($3,500) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense, committed within five (5) years of the first offense, shall be guilty of a misdemeanor punishable by a fine of not less than seven hundred fifty ($750) dollars nor more than five thousand ($5,000) dollars or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. Each day, or part thereof such violation continues, following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication, shall constitute a separate offense, punishable in like manner.

[Amended 9-14-2021 by L.L. No. 50-2021]

(C) Any person or business entity who collects electronic waste or places electronic waste for collection in violation of § 27-2611 of the Environmental Conservation Law is subject to New York State enforcement and shall be liable for civil penalties as set forth in § 71-2729 of the Environmental Conservation Law and any amendment thereto.

(D) Any person found by the Bureau of Administrative Adjudication to have violated this Chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized in subdivisions (A) and (B) for the respective violations referenced therein for a first offense and subsequent offenses. Each day, or part thereof such violation continues, following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication shall constitute a separate violation punishable in like manner.

(E) The penalties set forth above shall be in addition to and not in lieu of any other remedy available to the Town, in law or in equity; or pursuant to Town rule or regulation; or by the provisions of any contract with the Town.

(F) In addition to all of the penalties set forth above, the Town Attorney may maintain an action in the name of the Town in a court of competent jurisdiction for civil penalties in the sum of not less than one hundred ($100.) dollars nor more than two thousand five hundred ($2,500.) dollars for each violation of this chapter.

(G) The Town Attorney may also bring an action or proceeding in the name of the Town in a court of competent jurisdiction to recover the costs incurred by the Town for cleaning up or otherwise remedying conditions brought about by a violation of this chapter.[2]

[2] Editor's Note: Former § 117-35, Failure to remove accumulations, as amended; § 117-36, Fees for use of Town facilities, as amended; § 117-37, Penalties for offenses, as amended; § 117-38, Regulations on use of Town facilities, as amended; § 117-39, Severability; and § 117-40, When effective, all of which immediately followed this section, were repealed 7-1-2003 by L.L. No. 27-2003.

[1] Editor's Note: This local law also repealed former § 117-34, Accumulations on occupied premises prohibited, as amended.