[Amended 10-2-2003 by L.L. No. 4-2003; 11-29-2018 by Ord. No. 102; 10-3-2019 by Ord. No. 81; 9-10-2020 by Ord. No. 68]
No person, firm or corporation, public or private, shall engage
in the business of removing solid wastes of any kind from any building,
premises, street or public place in the City, unless the hauling entity
shall first have applied to and obtained from the Commissioner of
General Services a solid waste collection permit to do so and shall
have agreed to conform to the regulations established by this chapter
and any other rules or regulations that may be promulgated by the
Rensselaer County Department of Health or the City of Troy Department
of General Services concerning the removal of solid wastes. All permits
under this section shall expire on the 31st day of December and shall
be nontransferable. A single hauling company, corporation, business
or organization is required to hold one permit per vehicle every year.
The permit placard must be visibly displayed at all times on the exterior
of each transport vehicle traveling within the City limits.
[Amended 11-29-2018 by Ord. No. 102; 10-3-2019 by Ord. No. 81; 9-10-2020 by Ord. No. 68]
Application for a solid waste collection permit shall be made
upon forms supplied by the Commissioner of General Services and shall
be accompanied by a fee of $200 per vehicle, payable to the City of
Troy. At the time of making such application, the applicant must furnish
to the Commissioner of General Services a schedule of intended pickup
days on the various highways, streets and roads within the City, the
schedule of rates and charges to be paid by the respective customers,
together with a list of vehicles to be used by the applicant and the
license plate numbers thereof and a list of locations, with a contact,
to which the material picked up within the City will be brought.
[Amended 11-29-2018 by Ord. No. 102; 10-3-2019 by Ord. No. 81; 9-10-2020 by Ord. No. 68]
A.
A solid waste collection permit may only be issued after approval
of the application by the Commissioner of General Services.
B.
A vehicle used for the collection and transportation of compost,
food waste, garbage, recyclables, rubbish, sewage solids, solid waste,
and dead animals within the City shall be enclosed and watertight.
A vehicle used for the collection and transportation of all other
solid wastes within the City shall be enclosed and provided with a
cover to completely cover the solid wastes.
C.
The vehicles used by collectors and the routes of collection shall
be subject to inspection and reasonable visitation by the Commissioner
or duly accredited and authorized agents of the City.
D.
A permit holder shall keep a copy of the current year's permit within
each solid waste collection vehicle operating in the City.
E.
All permit holders shall complete quarterly collection reports and
file them with the Commissioner of General Services. These quarterly
reports shall include types of materials collected, weight/volume
of materials collected, and locations where the materials have been
disposed of. Collection reports must be filed within 30 days of the
end of the prior quarter or the Commissioner may revoke the permit.
A revoked permit may not be reinstated until the hauler provides the
required data. A new permit will not be issued for the following year
if the hauler has not complied with the Commissioner's data reporting
requirements.
F.
Insurance. To be accepted for filing, every application for a solid
waste collection permit must be accompanied by a certificate or affidavit
of insurance, executed by representatives of a duly qualified insurance
company, evidencing that the insurance company has issued liability
and property damage insurance policies covering all operations of
the applicant and of any other person, firm, corporation, or contractor
employed or engaged by the applicant, and protecting the public and
any and all persons and property from injuries and damages arising
out of or in consequence of the applicant's operations. In addition:
(1)
The City of Troy shall be named additional insured on a primary and
noncontributing basis with coverage for any and all claims arising
from the operations of the applicant or permittee or any subcontractor.
(2)
Applicants and permittees must carry insurance as specified below:
(a)
Commercial general liability and contractual liability on an
occurrence basis for all personal and bodily injuries and property
damage, with minimum coverage limits of $1,000,000 each occurrence/$2,000,000
general aggregate.
(b)
Workers' compensation insurance as required by law and including
employer's liability insurance. Statutory disability benefits insurance
as may be required by law.
(c)
Comprehensive motor vehicle liability coverage on owned, hired,
leased, or nonowned motor vehicles with coverage limits of not less
than $1,000,000 combined for each accident for damage because of bodily
injury, sickness, or disease, sustained by any person, caused by accident,
and arising out of the ownership, maintenance, or use of any motor
vehicle, as well as for damage because of injury to or destruction
of property, including the loss of use thereof, caused by accident
and arising out of the ownership, maintenance, or use of any motor
vehicle.
(d)
Commercial umbrella coverage of $2,000,000.
(3)
Each policy of insurance must be in form and content satisfactory
to the Commissioner of General Services and/or the City Corporation
Counsel, and shall provide that:
(a)
The insurance policies shall not be changed or canceled until
the expiration of 30 days after written notice to the City of Troy
Commissioner of General Services.
(b)
The insurance policies shall be automatically renewed upon expiration
and continued in force unless the City of Troy Commissioner of General
Services is given 60 days' written notice to the contrary.
(4)
No work shall be commenced under the permit until the applicant has
delivered to the Commissioner of General Services proof of issuance
of all policies of insurance required by the permit. Actual policies
of insurance shall be provided to the Commissioner upon demand therefor.
If, at any time, any of said policies shall be or become unsatisfactory
to the City, the applicant or permittee shall promptly obtain a new
policy and submit new proof of insurance to the Commissioner for approval.
Upon failure of the applicant or permittee to furnish any requisite
item, or to deliver and maintain the insurance as above provided,
the Commissioner shall suspend or revoke the permit. Failure of the
applicant or permittee to procure and maintain any required insurance
shall not relieve the applicant from liability under the permit, nor
shall the insurance requirements be constructed to conflict with or
to satisfy or replace the separate obligations concerning indemnification
set forth below.
G.
Indemnification. Separate and apart from the obligation to obtain
the insurance required above, applicants and permittees shall keep
and hold harmless the City of Troy, its agents and employees from
and against any and all liability, losses, or other claims for damages
for death, bodily injury, or property damage, or of any other kind
or nature, arising out of or in consequence of the operations of the
applicant or permittee or any agent, servant, employee, or subcontractor
of the applicant or permittee, all to the fullest extent allowed by
law, and they shall defend and indemnify the City of Troy, its agents
and employees for any and all claims, damages and liability of any
kind whatsoever, including all litigation expenses and reasonable
attorney fees, arising out of or in consequence of the operations
of the applicant or permittee.
H.
A permit may be refused or revoked if the applicant has been convicted
of a misdemeanor or felony which in the judgment of the Commissioner
renders the applicant unfit to hold a permit, or if the applicant
otherwise fails to meet the requirements of this chapter to the satisfaction
of the Commissioner.
I.
A small
solid waste hauler may apply for an exemption from the fee associated
with the solid waste collection permit. Application for exemption
from the solid waste collection permit fee shall be made on or before
the fifteenth day of November each year, for exemption in the following
calendar year, upon forms supplied by the Commissioner of General
Services. At the time of making the application, the applicant must
furnish proof satisfactory to the Commissioner of the entity's total
tip weights at the Troy transfer station, or other facilities as applicable,
for the preceding twelve-month period. Upon approval of the application
by the Commissioner, the entity will be exempt from paying the solid
waste collection permit fee for a period of a single calendar year,
commencing on the first day of January and ending on the thirty-first
day of December. A small solid waste hauler granted an exemption pursuant
to this subsection shall notify the Commissioner immediately if the
entity's total tip weights within the period of exemption exceed 26
tons of solid wastes. In the event of such notification, the Commissioner
may, in his or her discretion: revoke the exemption and charge the
hauler the requisite fee for the solid waste collection permit.
[Added 10-7-2021 by Ord. No. 77]
