[Adopted 8-18-1986 as Ch. 31, Art. I, of the 1968 Code;
amended in its entirety 5-14-2018 by L.L. No. 1-2018]
A.
An unregulated system of commercial collection and transportation
of solid waste within the limits of the Village of Hudson Falls may
present a negative impact upon the quality of life, safety and health
of the residents of the Village, including the creation of nuisance
conditions which adversely affect the value, utility and habitability
of property within the Village as a whole. This chapter is enacted
to regulate the commercial collection and transportation of solid
waste within the Village in order to prevent such negative impacts
and nuisance conditions and to hold accountable those persons responsible
for violating said regulations.
B.
Accordingly, the Village Board of Trustees of the Village of Hudson
Falls, being entrusted with the protection of the quality of life,
safety and health of the Village, hereby elects to exercise its police
power to regulate all aspects of the commercial collection and transportation
of solid waste within the Village of Hudson Falls and to make appropriate
rules and regulations to promote the general well-being of the persons
and property of the Village. This chapter conveys to the Village administration
all necessary and proper powers to prevent and/or remedy any adverse
effects and impacts related to the unregulated commercial collection
and transportation of solid waste. This chapter is an exercise of
the Village's police power and shall be liberally construed to
effect this purpose. This remedy is not an exclusive remedy available
under any state or local laws and may be used in conjunction with
such other laws.
For purposes of this chapter, the following words or phrases
shall have the meaning described below:
The Village Code Enforcement Officer, or any other designee
of the Village Board of Trustees.
Natural persons, joint venture, partnership, association,
club, company, corporation, business trust, limited liability company,
organization or other entity, or the manager, lessee, agent, officer
or employee of any of them.
May be used by this chapter interchangeably and means any
public or private building, lot, parcel, dwelling, rental unit, real
estate or land or portion thereof including property used as residential,
commercial or industrial property.
A set of components to receive, treat, and dispose of sewage
at a residential or other property, typically including a tank to
receive and hold solid waste and a treatment system to sanitize and
dispose of clarified septic effluent or wastewater, such as a septic
leach field or drainfield, or an advanced or alternative wastewater
treatment system such as a septic mound, raised bed septic system,
or an aerobic septic system.
All putrescible and nonputrescible wastes whether in solid
or liquid form and includes garbage, scavenger matter, rubbish, ashes,
refuse, fill dirt, sewage sludge, street refuse, commercial and industrial
wastes, demolition debris and all used construction material, building
rubbish, discarded automobile and other types of vehicle body parts
or portions thereof, machinery or parts thereof, discarded home or
industrial appliances, iron, steel and other old or metal scrap material,
manure, human excrement, vegetable or animal solids and semi-solid
waste, infectious waste, special waste, lawn waste, tree limbs, branches,
shrubbery, bushes, and other similar organic waste, including garden
vegetative material, dead animals or parts thereof, and other discarded
solid materials.
Any person engaged in the business of collecting, hauling,
or conveying solid waste as defined in this section or who, as part
of the duties of such person's occupation, collects, hauls, or
conveys solid waste as defined in this section.
It shall be unlawful for any person to collect, haul, or convey
solid waste from any property within the Village limits of the Village
of Hudson Falls without first having procured a license to do so under
the provisions of this chapter; provided, however, that no license
shall be required for a homeowner conveying solid waste from his or
her own residence to a licensed and permitted solid waste disposal
facility.
Application for a license to collect, haul or convey solid waste
shall be made to the Enforcement Officer upon forms furnished by the
Village of Hudson Falls, which shall set forth the name and residence
of the applicant, the business location, the number and kind of vehicles
to be used, with a definite description of each such vehicle, and
such other information as may be required to satisfactorily identify
the applicant and such vehicles. The applicant shall submit with the
required application a license fee in the amount of $125, plus $25for
each licensed truck, which fee shall cover any year or fraction thereof.
Throughout the life of the license, the waste hauler shall maintain
in full force and effect, at the expense of the waste hauler, with
an insurance company authorized to do business in the State of New
York, the following policies of insurance:
A.
Workers' compensation insurance: Each waste hauler shall at
all times provide, at its own expense, workers' compensation
insurance coverage for all its employees. Each waste hauler shall
file and maintain a certificate or certificates with the Village Clerk
showing said insurance to be in full force and effect at all times
that the waste hauler conducts collection in the Village.
B.
Liability insurance: Each waste hauler shall furnish the Village
Clerk a policy or certificate of comprehensive, general (public) and
automobile liability insurance insuring the waste hauler against bodily
injury, property damage and automobile liability in the sum of not
less than $1,000,000 single combined limit. Said policy shall insure
the public against any loss or damage that may result to any person
or property from the operation from the waste hauler's collection,
transportation and disposal activities. Such insurance shall be primary
and not excess, shall be procured from an insurer authorized to do
business in the State of New York, shall name the Village of Hudson
Falls and its officers, employees and agents as additional insureds,
and shall not be cancelled or modified without first giving the Village
30 days' prior written notice.
C.
Cancellation of insurance policy: The above policy shall contain
a provision requiring that the Village of Hudson Falls be provided
with 30 days' advance notice, in writing, of cancellation or
material change in any of the above policies. In the event of cancellation
or material change in said policies, the waste hauler's license
shall be suspended along with its vehicular activities until such
time as the waste hauler can again secure the required coverage.
Any vehicle or container used in collecting, hauling, or conveying
solid waste over the streets within the corporate limits of the Village
shall comply with the following specifications:
A.
The part of the vehicle or container which contains the solid waste
shall:
(1)
Be constructed of durable materials;
(2)
Be so constructed that liquid waste will not spill, leak, or
be discharged therefrom while the waste is being conveyed from the
point of pickup to the approved solid waste facility or that the waste
be contained in such a way as to prevent spills, leaks or discharges;
(3)
Be so constructed that solid waste will not fall, spill, or
blow from, or otherwise leave the container until emptied at the approved
solid waste facility. If the container has an open top, an effective
protection net must be provided and be placed over the solid waste
being transported so as to prevent the solid waste from leaving the
container during transport.
(4)
May include soft sided dumpster bags, also known as FIBCs (Flexible
Intermediate Bulk Containers), bulk bags, construction debris bags,
junk bags, fold up dumpsters, portable dumpsters, etc. made from a
flexible woven material. Disposable dumpster bags are for single use,
while some are multi-use. Sometimes referred to as "green bags."
B.
The outside of the vehicle or container shall be kept well-maintained,
painted, and free of excessive dirt and similar offensive materials
at all times. The inside shall be kept clean and sanitary when not
in use.
C.
The vehicle and container shall be kept in good repair so as to prevent
the solid waste from leaking, spilling, or falling from or otherwise
being discharged from the vehicle or container during transport. Accessory
vehicles used only for collecting and depositing solid waste in another
vehicle or container and not used for transporting solid waste to
a licensed solid waste facility shall not be required to be fully
enclosed nor be required to use protective nets if so constructed
that solid waste will not be spilled or blown therefrom.
D.
Any vehicle or container used in collecting and hauling solid waste
placed in service after the passage of this chapter shall comply with
the foregoing requirements. The Code Enforcement Officer is authorized
to make such vehicle or container inspections as deemed necessary
to ensure adequate compliance with this chapter.
The collection of solid waste is hereby prohibited in the Village
of Hudson Falls between the hours of 10:00 p.m. and 6:00 a.m. Sunday
through Saturday, and 10:00 p.m. Saturday evenings through 8:00 a.m.
Sunday.
It is the intent of this regulation to assure that those in
the business of waste collection and transportation utilize best practices
in order to accomplish the purposes stated herein. However, the Village
Board recognizes that there are certain activities related to commercial
collection and transportation of solid wastes that should be exempt
from the regulatory provisions of this chapter. Therefore, the following
activities are exempt from these provisions:
A.
Septic and wastewater services. A NYSDEC-certified contractor in
the business of pumping septic systems or removing wastewater, grease,
or other liquid wastes shall not require a separate permit under this
chapter.
B.
Tree cutting, trimming and pruning services. A tree service technician
may perform a variety of jobs, all relating to the care and maintenance
of trees. They may be employed by the government, a landscaping firm,
lawn care companies, and botanical gardens. They care for trees through
pruning, trimming, securing broken branches, diagnosing pest problems
or plant diseases, and fertilization. They might specialize in one
particular type of tree, or focus more on tree planting or tree removal.
Services in this category shall not require a separate permit under
this chapter.
C.
Lawn care and lawn maintenance services.
(1)
Lawn care: Lawn care includes all the services that "care" for
the lawn, such as irrigation, fertilization, insect infestations,
etc. after the lawn has been cut. Any sort of design would fall into
this category as well.
(2)
Lawn maintenance: Lawn maintenance is the actual upkeep, or
the mechanical aspect of lawn routine. Services that fall under lawn
maintenance would include mowing, weeding, and trimming. Lawn maintenance
includes trimming and shaping your lawns.
(3)
Lawn care and lawn maintenance services shall not require a
separate permit under this chapter.
D.
Construction debris removal services.
(1)
Construction and demolition debris (C&DD) means those materials
resulting from the alteration, construction, destruction, rehabilitation,
or repair of any man-made physical structure including houses, buildings,
industrial or commercial facilities, and roadways.
(2)
NYSDEC defines it as uncontaminated solid waste resulting from
the construction, remodeling, repair and demolition of utilities,
structures and roads; and uncontaminated solid waste resulting from
land clearing including, but not limited to:
(a)
Bricks, concrete and other masonry materials;
(b)
Soil and rock;
(c)
Wood (including painted, treated and coated wood and wood products);
(d)
Land clearing debris;
(e)
Wall coverings, plaster, drywall, plumbing fixtures, non-asbestos;
insulation;
(f)
Roofing shingles and other roof coverings;
(g)
Asphaltic pavement;
(h)
Glass;
(i)
Plastics that are not sealed in a manner that conceals other
wastes;
(j)
Empty buckets ten gallons or less in size and having no more
than one inch of residue remaining on the bottom;
(k)
Electrical wiring and components containing no hazardous liquids,
and pipe and metals that are incidental to any of the above.
(3)
Such removal services that are rendered on a site-specific basis
shall not require a separate permit under this chapter.
A.
Any person, corporation, firm, association or entity who commits
any act or violation of the provisions of this chapter shall be liable
for such violation and the penalty therefor. Each day such violation
shall continue or be permitted to occur shall constitute a separate
violation.
B.
Any person violating any provision of this chapter shall be liable
for a fine not exceeding $250 or imprisonment for a period not, exceeding
15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of three years, punishable by a fine of not less than $250 nor more
than $500 or imprisonment for a period not to exceed 30 days, or both;
and upon conviction for a third offense or subsequent offense, all
of which were committed within a period of five years, punishable
by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both.
C.
A waste hauler's license shall be subject to revocation by the
Village Board of Hudson Falls in the event of any material misrepresentation
made on its application for a license, or, upon conviction for a third
offense or subsequent offense, Said penalty of revocation shall be
in addition to any other penalties to which the waste hauler may be
subject pursuant to the provisions of this chapter.
D.
In the event that a waste hauler fails to remove any container properly
placed by its customer(s) for pick up and disposal, within three days
of said placement for pickup, the Village of Hudson Falls shall have
the right, but not the obligation, to utilize its own equipment and
workforce to remove said container and transport the solid waste contained
therein to a licensed solid waste disposal facility. In such event,
the waste hauler shall be responsible to reimburse the Village of
Hudson Falls for all expenses, including the fair and reasonable value
of the Village's equipment and workforce.
If any section, paragraph, subdivision, clause, phrase, or provision
of this chapter shall be judged to be invalid or held unconstitutional,
it shall not affect the validity of this chapter as a whole or any
part or provision thereof other than the part so adjudged to be invalid
or unconstitutional.
This chapter shall take effect immediately upon the filing of
the chapter with the Secretary of State. Licenses required hereunder
shall be applied for within 30 days of said effective date, which
effective date shall be published on the Village's website.
