Town of Ogden, NY Solid Waste

No person shall engage in the business of receiving, collecting or transporting residential and/or commercial refuse or recyclable materials in the Town of Ogden without first obtaining a license to carry on such business from the Town of Ogden and paying the fee for such license as herein provided. Nothing herein contained, however, shall be construed to prevent any persons from transporting for the purpose of disposal such refuse, bulky refuse, yard waste or recyclables as is normally generated by such persons on their own premises or in his own business.

Licenses issued pursuant to this section shall be for a period of five years, renewable at the end of each term, to ascertain all conditions of this chapter are being complied with and subject, however, to the revocation thereof as provided herein. A fee shall be charged for licenses issued pursuant to this section. Such fee shall be determined by the Town Board by resolution and may be adjusted on an annual basis. All licenses will be effective from January 1 to December 31 of the year in which the license is due to expire.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Application for license. Applications shall be upon forms provided by the Town Board. Each applicant shall state in such application the applicant's name, address, legal character (whether corporation, partnership or individual), name and address of all stockholders, directors or partners, whether the applicant or any stockholders, officers, directors or partners have ever been convicted of any crime and such other information as the Town Board may require. The Town Clerk is hereby authorized to issue temporary permits to any licensed collector to use such additional trucks as are necessary for a period not to exceed 30 days for a fee as determined by the Town Board.

[Amended 12-13-1995 by L.L. No. 9-1995]

Bond. A bond in the sum of $5,000 shall be executed by every person or corporation engaged in the refuse collection business within the Town of Ogden and shall be filed with the Town Clerk before such license shall be issued. Such bond shall be conditioned that said licensee shall comply with the laws, codes, ordinances and regulations of the State of New York, County of Monroe, Town of Ogden and lawfully issued orders of the Town Board and that the Town of Ogden will be indemnified and held harmless from any and all claims for any damages or liabilities, including attorney's fees, caused by or arising out of any act or omission of the licensee, the licensee's agents or employees or by the licensee's failure to comply with applicable statutes, ordinances, rules, regulations or orders. Said bond shall be in such form and contain such sureties as shall be approved by the Town Board or its designated representatives.

Conditions imposed in license. Every license issued by the Town Clerk pursuant to this chapter shall be subject to the following conditions and to such other reasonable conditions as may be imposed by the Town Board. All requirements of licensing must be complied with by January 31 of each year.

Watertight, enclosed vehicle bodies equipped with compaction unit.

Vehicles used by licensed waste collectors in the collection and transportation of garbage or rubbish within the Town of Ogden shall have watertight, enclosed bodies to the extent practicable by existing technologies and shall be equipped with a compaction unit.

Licensees shall be allowed to use open service trucks only for emergency use, collecting bulk refuse and recyclables and as accessory or satellite vehicles for delivery to an enclosed vehicle. The determination of emergency conditions shall be in the sole discretion of the Town of Ogden through the Commissioner of Public Works.

Inspection of vehicles used by collectors. All vehicles used by licensed waste collectors shall be available for inspection by the Commissioner of Public Works or any other person or persons whom the Commissioner of Public Works may designate as the Commissioner's agent. Such vehicles shall pass inspection if they comply with the applicable provisions of this chapter and any other such standards promulgated and issued by the Commissioner of Public Works.

[Amended 12-13-1995 by L.L. No. 9-1995]

Issuance of license. Upon payment of the license fee for each and every vehicle used in such collections and transportation as set forth in this chapter and approval by the Commissioner of Public Works of the application therefor, the Town Clerk shall issue a license to the owner, together with a metal plate which shall be affixed to a conspicuous and an indispensable part of each and every such vehicle, on which shall be set forth clearly the official number of such license with the words, "Town of Ogden Solid Waste Collection License."

Renewal license. Renewal licenses shall be issued in the same manner and subject to the same conditions as original licenses and any additional requirements the Town may deem necessary in consideration of the health, safety and welfare of the Town, its residents and property.

Transferability of license. No license or permit issued under the provisions of this chapter shall be transferable.

Insurance. All trucks must have a minimum liability insurance policy for personal injuries in the amount of $500,000 per person and $1,000,000 per accident and $100,000 coverage for property damage. A certificate of insurance must be furnished by each collector indicating these limits, including contractual liability, and the Town of Ogden is to be named on this policy as an additional insured.

(7)

Telephone. The collector must provide forthwith and at all times during the term of the license a telephone and be prepared to receive and answer messages for a minimum of eight hours every business day of the year, from the hours of 8:00 a.m. to 4:00 p.m.

(8)

Ineligibility. No individual, whether owner, officer, partner or director of a corporation, will be eligible for a license if the applicant shall have been convicted of a felony which, in the judgment of the Town Board, renders the applicant unfit or undesirable to carry on with the duties involved with collector.

[Amended 12-13-1995 by L.L. No. 9-1995]

(9)

Proper language and demeanor. No person and/or resident, collector or employee shall be under the influence of drugs and/or alcohol or use gross discourteous language during collection or when discussing business over the telephone.

(10)

Changes in ownership. Any changes in ownership where the license is not affected must be reported to the Town Board within five days. Said changes must be approved by the Town Board.

(11)

Service refusal. No collector shall refuse to render service when asked by any person located within the collector's primary service area. Terms and conditions of providing collection service shall be agreed upon between the individual and the collector, but shall be uniform for all customers and shall not discriminate for other than valid business reasons. The collector shall continue to provide service during any dispute with any person, but shall have the right to appeal to the Commissioner of Public Works relative to continuing the service to any person. The Commissioner of Public Works shall render a decision within 30 days of the written presentation of the appeal to him.

(12)

Minimum service level.

All collectors must offer in addition to their normal full service rate at least one optional low-volume rate to their customers. This low-volume rate must provide for pickup of recyclables as well as small amounts of garbage and rubbish. The hauler must have available for sale to their customers special bags or stickers which can be bought in advance. When a special bag or bag with a sticker is placed at curb it will be picked up.

The pickup of bulky waste, construction and demolition waste and yard waste would not be included without an extra charge to the low-volume-rate customer.

§ 230-5 Storage of refuse.

Storage of refuse.

No persons shall accumulate or permit the accumulation of refuse upon any premises owned or occupied by them except for the purpose of collection, which shall normally occur at intervals not less frequent than once every seven days, except for holidays, Sundays, vacations or extraordinary weather or except where caused by or arising out of the construction or remodeling of a dwelling or other building on the premises or incidental to the landscaping of said premises or customary agricultural operations thereon, in which cases due care shall be taken that such accumulation shall not create an unsightly appearance or unreasonably disturb the comfort and repose of the neighborhood and shall be removed within a reasonable time or immediately upon completion of the work causing such accumulation.

The determination of violations related to this provision shall be in the sole discretion of the Building Inspector.

Keeping required number and type of receptacles. Every owner, tenant or occupant of any building, premises or place of business within the Town of Ogden shall provide or cause to be provided and at all times keep suitable and sufficient receptacles for receiving and containing garbage/rubbish that may accumulate or be used upon said premises. Every owner, tenant or occupant of any building, premises, except vacant land, or place of business must be able to demonstrate that they are serviced by a licensed refuse company. Such receptacles shall be a container of sufficient capacity, and said container shall have handles and a tight-fitting cover and shall be watertight. All receptacles should be closed at all times. Lawn carts, wheelbarrows, fifty-five-gallon drums, fiber barrels and wastebaskets are not considered suitable sufficient containers.

No persons shall throw or deposit or cause to be thrown or deposited any refuse, hazardous waste or recyclable materials in or upon any portion of a public right-of-way, street or place or on any property not owned or occupied by them or in any refuse container not owned, leased or rented by them within the Town of Ogden.

§ 230-6 Preparation of materials for collection.

Preparation of recyclables for collection.

Recyclables shall be prepared for collection in accordance with guidelines provided by the refuse collectors and approved by the Town or otherwise established by the Town. Haulers shall provide curbside collection of recyclables. Recyclables to be picked up must be set out in appropriate containers as specified by the Commissioner or any subsequent and pertinent ordinance or law and be at the curb no later than 7:00 a.m. on the day of collection, and no material may be placed at the curb later than 7:00 a.m. on the day of collection, and no material may be placed at the curb before 12:00 noon on the day preceding the scheduled collection day.

All refuse haulers must be in compliance with the Monroe County Solid Waste Recycling Law.

Prior to initial collection or transportation, such solid waste shall be source-separated by the generator into recyclable materials and remaining solid waste as provided in the rules and regulations promulgated hereunder.

Source-separated recyclable materials shall not be commingled with other solid waste during collection, transportation, processing or storage following collection.

Preparation of yard waste for collection.

[Amended 12-13-1995 by L.L. No. 9-1995]

All brush must be cut to a length of not more than six feet. All branches/brush under one inch in diameter must be bundled. The bundles should be bound with rope or twine (not wire), should not weigh more than 60 pounds and should not be more than eight inches across.

In the fall, leaves may be collected by the Town. All leaves must be in minimum thirty-gallon, two-ply paper bags only, provided by the resident and suitable for acceptance at a compost facility, or in containers approved by the Commissioner of Public Works. Wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and waste baskets are not considered suitable containers for collection of leaves. All leaves must not be mixed with other refuse materials set out for collection. Town leaf collection may begin on or about October 15 of each year, ending on or about December 31 of each year.

Shrubs and logs will be collected by the Town of Ogden on a year-round basis. If a resident contracts with a private lawn service or tree removal service, it is the responsibility of the hired contractor to properly remove and dispose of said material. All logs shall be cut in lengths of not more than six feet and shall not exceed eight inches in diameter.

Preparation of bulky refuse.

Appliances and bulky refuse shall be dismantled in such a way so as not to pose a threat to public health and safety. For example, refrigerator doors must be removed from their hinges.

Pursuant to the rules of the Commissioner of Public Works, all bulky refuse, where practicable, construction and demolition waste shall be bagged or bundled into packages not weighing more than 60 pounds. Such materials are to be placed at the curb in an area of five by five feet square by three feet high or an equivalent volume. Amounts in excess of this quantity will require that special collection arrangements be made by the person.

Preparation of garbage/refuse.

Garbage/refuse shall be stored in proper containers. Such receptacle shall be a container of sufficient capacity, and said container shall have handles, a tight-fitting cover and shall be watertight. All such receptacles shall be securely closed at all times. Wheelbarrows, lawn carts, fifty-five-gallon drums, fiber barrels and waste baskets are not considered suitable containers for collection of garbage/refuse.

Garbage/refuse to be picked up must be set out for collection no earlier than 12:00 noon of the day preceding the scheduled pickup day.

§ 230-7 Collection.

General.

No vehicle used by the licensed collector shall travel into a residential driveway for the purpose of collecting refuse or recyclables unless authorized by the owner.

With the exception of commercial establishments and unless prior approval is granted by the Commissioner of Public Works, no collections shall be made on Sundays.

The collector shall issue to the collector's customers, upon commencement of service and thereafter upon any change in the collector's rate schedules, a written notice, giving the collector's customers the collector's name, address and telephone number, together with a summary of services to be rendered. The Town of Ogden and Monroe County Division of Solid Waste shall provide information with respect to the requirements of the recycling and yard waste programs.

[Amended 12-13-1995 by L.L. No. 9-1995]

Specific requirements.

Bulky waste.

Refuse collectors shall be responsible for the collection of bulky refuse up to an amount as would fit into a five-by-five-foot square and three feet high or equivalent volume. If the amount generated by the resident exceeds this amount, the resident is responsible for making alternative collection arrangements within seven days of generation.

There shall be no special charges for the collection of bulky waste properly prepared as specified in this chapter if included in the customer's refuse hauling rate. Materials which are not properly prepared or which exceed the volume and/or weight requirements as specified may be subject to additional charges as set by the refuse collector; provided, however, that the collector informs the customer of the appropriate preparation requirements as specified in this chapter and the additional charges to be assessed for noncompliance prior to collecting the material. In any event, the resident is responsible for making appropriate collection arrangements within seven days of generation.

Construction and demolition waste.

Remodeling, construction and demolition debris, road waste and debris resulting from the repair of utilities and roadways and residential property structures shall be collected and disposed of by the municipality, utility or private contractor performing such work and generating the material.

Remodeling debris generated by the homeowner shall be collected by the refuse hauler. Refuse collectors shall collect up to an amount as would fit into a five-by-five-foot square and three feet high or equivalent volume. If the amount generated by the resident exceeds this amount, the resident is responsible for making alternative collection arrangements within seven days of generation. All material must be in containers not weighing more than 60 pounds each.

Garbage/rubbish.

Refuse collectors shall be responsible for the collection of garbage/rubbish.

All garbage/rubbish shall be removed from the location where receptacles are placed for collection without spilling. The collector shall in all cases replace the container and covers in the location where found.

Household hazardous waste. It is the responsibility of residents to properly dispose of household hazardous waste. Household hazardous waste shall not be stored or placed for collection with any other type of refuse.

Recyclables.

The collection of recyclable materials shall be the responsibility of the refuse collectors. The collector shall in all cases replace the containers and covers at the curbside on the public road, unless otherwise agreed upon with the customer.

Empty containers shall be removed from the curbside or other place of collection by the occupants of the premises by the end of the day on which collection is made from the premises.

(c)

Authorized haulers shall offer collection services for all recyclable materials to all residential customers for whom they provide solid waste collection services at the same times and on the same days as services are provided to their customers for solid waste collection.

(d)

Authorized haulers shall not accept for collection solid waste which has not been source-separated in conformity with this chapter.

(e)

All recycling containers must be placed at curbside of public roads for collection.

[Amended 12-13-1995 by L.L. No. 9-1995]

Yard waste.

Leaves in minimum thirty-gallon, two-ply paper bags only may be collected by the Town. Residential brush/branches may be collected by the Town. Grass will be collected by private refuse haulers on a year-round basis in paper bags suitable for a composting facility and not weighing more than 60 pounds each. Town leaf collection may begin on or about October 15 of each year, ending on or about December 31 of each year.

Yard waste material which is not properly prepared or exceeds the volume and/or weight requirements will not be collected. The resident will be responsible for making alternate arrangements for collection within seven days of generation.

§ 230-8 Special regulations in regard to vehicles.

No vehicle used in the collection or transportation of garbage/rubbish or any other material designated in § 230-7 for collection by licensed haulers shall stand overnight with said matter in or on it.

No vehicle used in the collection or transportation of garbage/rubbish or any other materials designated in § 230-7 for collection by licensed haulers shall be parked or stored in a residential district when not being used in the actual collection or transportation of said matter.

Vehicles used in the transportation of garbage/rubbish or any other materials designated in § 230-7 for collection by licensed haulers within the Town of Ogden, regardless of place of origin, shall be so equipped as to prevent the leakage or spillage of their contents.

Vehicles used in the transportation of garbage or rubbish by licensed haulers within the Town of Ogden, regardless of place of origin, shall be licensed by the State of New York.

All vehicles and conveyances used by residents in the transportation of garbage or rubbish shall be watertight and so covered that no part of the load shall blow, leak or spill.

§ 230-9 Violations; enforcement; penalties for offenses.

Violations.

It shall be unlawful for any person, firm or corporation to engage in the business of receiving, collecting or transporting residential and/or commercial refuse in the Town of Ogden without first obtaining a license in accordance with § 230-4 of this chapter.

It shall be unlawful for any person, firm or corporation to fail to adhere to the provisions of § 230-5 of this chapter, relating to the storage of refuse.

It shall be unlawful for any person, firm or corporation to fail to prepare materials for collection in the manners specified in § 230-6 of this chapter.

It shall be unlawful for any person, firm or corporation to fail to adhere to the provisions of § 230-7 of this chapter relating to the collection and disposition of refuse, household hazardous waste and recyclables.

It shall be unlawful for any person, firm or corporation to fail to adhere to the requirements of § 230-8 of this chapter relating to the special regulations applicable to the use of vehicles in the collection and transportation of refuse in the Town of Ogden.

It shall be unlawful for any person, firm or corporation to violate any other provision of this chapter.

Enforcement procedure.

Enforcement of this chapter shall be the responsibility of the Commissioner of Public Works, the Building Inspector, the Chief of Police or their authorized designees and, particularly, in the case of § 230-5C, pertaining to littering and the unauthorized disposition of solid waste on public and private property, by the Ogden Police Department, any other police officer and any other peace officer.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Whenever it is found that there has been a violation of this chapter or any rule or regulation adopted pursuant to this chapter, a violation order may be issued by the Commissioner of Public Works, the Building Inspector, the Chief of Police or their authorized designees to the person, firm or corporation owning, operating or maintaining the premises and/or the business by which such violation has been noted.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Violation orders shall be in writing and shall generally identify the property and/or the business and the violation.

Violation orders and other orders or notices referred to in this chapter, in the case of violations noted on a particular property, shall be served on the owner or someone of the owner's executors, legal representatives, agents, lessees, any tenant or other person having a vested or contingent interest in the premises, either personally or by certified mail, addressed to the last known address, as shown by the last preceding completed record of the Receiver of Taxes or in the office of the County Clerk.

Violation orders and other orders or notices referred to in this chapter, in the case of violations noted on a person, firm or corporation engaged in the business of refuse storage, preparation or collection, shall be served on the owner or someone of the owner's executors, legal representatives, agents or other person having a vested or contingent interest in the business, either personally or by certified mail, addressed to the last known address.

The Commissioner of Public Works, the Building Inspector, the Chief of Police or their authorized designees shall have the authority to issue an appearance ticket subscribed by them, directing a designated person to appear in a designated local criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Penalties.

Any business, firm or corporation who shall fail to comply with any applicable provisions of this chapter shall be subject to the revocation of the license hereunder. The Town Board shall have power to revoke any such license for cause shown after a hearing on 10 days' written notice to the license holder, specifying the nature of the violation.