[HISTORY: Adopted by the Town Board of the
Town of Islip 11-17-2020 by L.L. No. 5-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Chapter 21, Solid Waste, adopted 9-1-1993 by L.L. No. 2-1993, as amended.
The purpose of this chapter is to safeguard the health, safety
and welfare of the people of the Town of Islip through the regulation
of solid waste and recyclables collection and disposal pursuant to
the power granted the Town of Islip under Chapter 632 of the Laws
of 1982, as amended, and consistent with the Solid Waste Management
Plan of the Town of Islip and the laws of the State of New York. Nothing
herein is intended or should be construed to modify or amend any terms
or conditions of any contracts for solid waste and recyclables services
to which the Town of Islip is a party in effect on the effective date
of this chapter.
As used in this chapter, the following words are intended to
include and be defined as follows:
A listing for the fees for solid waste and recyclables disposal
accounts and landscaping registrations issued under this chapter as
determined by the Commissioner.
All of the solid residue and any entrained liquids resulting
from the combustion of solid waste or solid waste in combination with
fossil fuel at a solid waste incinerator, including bottom ash, boiler
ash, fly ash or the solid residue of any air pollution control device
used at a solid waste incinerator.
An item of solid waste larger than two by two by four feet
or heavier than 50 pounds.
Any person, resident, property owner, managing agent, contractor,
business or otherwise form of representative of a parcel that obtains
commercial collection services.
The Commissioner of the Department of Environmental Control
for the Town of Islip, or authorized personnel. For purposes of this
definition, said personnel shall include officers or employees of
the Islip Resource Recovery Agency.
Any solid waste material defined under 6 NYCRR 360-1.2(6),
(22) and (33), except as said material may be restricted or conditioned
for acceptance at a Town of Islip disposal facility.
Any box, can, drum, compactor or other receptacle provided
by persons licensed to provide solid waste and recyclables services
to nonresidences, multiple residences and other privately owned property
in the Town of Islip and used for the storage of solid waste or recyclables
pending collection.
Any solid waste or recyclables management facility or site
operated by a private individual(s), an entity, or by or on behalf
of the Town of Islip or the Islip Resource Recovery Agency, including
facilities located outside of the Town of Islip and designated as
such by the Commissioner.
A listing of the fees charged to receive and dispose of solid
waste and/or recyclables at a disposal facility, which fee may be
modified from time to time by the Board of Directors of the Islip
Resource Recovery Agency.
Has the same meaning as set forth in 6 NYCRR Part 371, as
the same may be amended from time to time.
That public authority created pursuant to Chapter 632 of
the Laws of 1982, as amended, the members of which consist of the
Town Board of the Town of Islip.
A container used for the storage of solid waste or recyclables
on the premises of a generator which is equipped with any mechanical
device to compact the solid waste or recyclables stored therein.
Any building or parcel of land not receiving solid waste
services through any Town of Islip Special Garbage and Refuse District
and containing four or more rental units, including but not limited
to mobile homes and cooperative apartment units, or condominium units
occupied as residential dwellings.
Any building or parcel of land not used as a residence or
a multiple residence as defined in this section.
A listing for the fees in connection with permits issued
for solid waste and recyclables collection services, transfer stations,
and donation dropoff bins, and/or other permits issued by the Town
Clerk under this chapter. The amount of said fees shall be determined
by the Town Clerk.
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
Those components of the waste stream generated within the
Town of Islip which are capable of being recycled or reused in place
of virgin materials and for which economic markets exist. Said components
shall be determined pursuant to this chapter, but shall include newspaper,
corrugated cardboard, ferrous metals, glass, plastics, aluminum and
yard waste, unless otherwise determined by the Commissioner.
Components of the waste stream generated by an individual
or entity that include unwanted or unusable materials which are discarded
after primary use or are worthless, defective, and/or no longer of
use to the said individual or entity.
All material so defined under 6 NYCRR 219-1.1 and relevant
sections of the Public Health Law of the State of New York.
A building or parcel of land having three or fewer dwelling
units, located within and serviced through a Special Garbage and Refuse
District of the Town of Islip.
A person residing in or owning a residence.
Materials or substances discharged or rejected as being spent,
useless, worthless or unwanted by the owner at the time of such discard
or rejection, except sewage and other highly diluted water-carried
materials or substances and those in gaseous form. Such wastes shall
include but are not limited to refuse, sludge, rubbish, ashes, incinerator
residue, street cleanings, dead animals, offal, abandoned vehicles,
tires, agricultural waste, industrial waste, commercial waste and
construction and demolition debris.
The business of handling, removal, storage or disposal of
solid waste and recyclables, including but not limited to placing
or removing containers for solid waste on or from sites within the
Town not owned by the person placing or removing the containers and
transporting solid waste from or to any location within the Town.
The payment account registration of any person who delivers
commercial solid waste and recyclables to a disposal facility.
Dividing solid waste into some or all of its component parts
at the point of generation or at a disposal facility, including the
separation of recyclables from each other or the separation of recyclables
from other solid waste.
Any district established to provide municipal waste collection
services for household waste from residences with three or fewer dwelling
units.
The Town of Islip.
The Town Board of the Town of Islip or the Board of Directors
of the Islip Resource Recovery Agency, unless otherwise stated herein.
The Town Clerk of the Town of Islip.
Any combination of structures, machinery and facilities used
for the off-loading of solid waste and recyclables from collection
vehicles, the recovery of recyclables from said solid waste and recyclables
and the reloading of nonrecyclable solid waste into vehicles for disposal.
Leaves, grass clippings, garden debris, shrubs, branches
and similar agricultural waste material as designated by the Commissioner.
For purposes of General Municipal Law § 120-aa, the
determination of whether any component of the solid waste stream generated
within the Town of Islip is capable of being reused or recycled and
is a component for which economic markets exist, as that term is defined
in General Municipal Law § 120-aa, shall be made by the
Commissioner after notice and the opportunity for a public hearing,
unless any such component is so determined by action of the State
of New York. As of the effective date of this section, such components
shall be deemed to be newspapers, corrugated cardboard, ferrous metal,
aluminum beverage containers, plastic beverage containers, glass,
textiles and electronic waste, pending any subsequent determination
by the Commissioner. Nothing herein shall be deemed to prohibit the
recycling or reuse of any material or substance in any market which
may appear from time to time absent action by the Commissioner or
the State of New York.
A.
It shall be the responsibility of all residents of the Town of Islip
to separate and place out for collection all recyclable components
of solid waste generated at their residences.
B.
The Commissioner shall have the authority to designate the recyclable
components of the residential waste stream and to further designate
the day or days upon which said recyclables and/or any other component
of the residential waste stream shall be placed out for collection
by the Town of Islip or its designated agents.
C.
Ownership of recyclables set out for collection at residences shall
thereupon vest in the Town. It shall be unlawful for a person to collect,
remove or dispose of recyclables which are the property of the Town
without first having obtained the license required by this chapter.
Persons who collect or remove recyclables which belong to the Town
shall deliver and dispose of the same at such location as the Commissioner
shall designate for that purpose.
D.
Unauthorized household waste disposal.
(1)
It shall be unlawful for any resident to place out for collection
with solid waste any recyclables designated by the Commissioner for
separate collection.
(2)
It shall be unlawful for any resident to place grass clippings, hazardous
materials, and/or medical waste out for collection by the Town of
Islip or its designated contractors at any time.
(3)
It shall be unlawful for any owner, occupant and/or any other person
or entity in control or possession of a residence to transport to
or otherwise allow for the placement of waste generated at a location
other than that of said residence for storage, collection or any other
purpose.
(4)
It shall be unlawful for any person delivering waste to a disposal
facility operated by or on behalf of the Town of Islip or the Islip
Resource Recovery Agency to represent himself or herself as a Special
Garbage and Refuse District residence owner or occupant when the waste
generated is from a location other than said residence.
(5)
Refuse generated at residences in the Special Garbage and Refuse
District that are rental properties and not owner occupied are subject
to all disposal fees at a disposal facility operated by or on behalf
of the Town of Islip or the Islip Resource Recovery Agency.
(6)
It shall be unlawful for any person or entity to obstruct a Special
Garbage and Refuse District service vehicle and/or individual from
the duty of collection or inspection by physical presence of their
person or personal property.
E.
Refuse receptacles.
(1)
Any person receiving residential solid waste collection services
shall provide suitable standard metal or plastic garbage receptacles
for deposit of garbage and household solid waste. Said receptacles
shall be watertight, kept covered with a cover and maintained in a
sanitary condition by periodic cleaning. Said pails, when full, shall
weigh no more than 50 pounds, unless otherwise provided by a Special
Refuse and Garbage District carter.
(2)
When household garbage is wet or contains animal carcasses or other
putrescible material, said garbage shall be bagged in a manner that
prevents insects, vectors or any other public health and safety hazards.
Said bags shall weigh no more than 30 pounds.
(3)
Garbage receptacles are to be placed at the curb no earlier than
4:00 p.m. on the day before collection and shall be removed from the
collection point to a location to the rear of the front line of the
main dwelling no later than 10:00 a.m. the day after the day of collection.
(4)
All household waste and receptacles set out for collection at a residence
shall be placed to the paved roadway in one location along the property
line of the residence generating said waste, extending no further
than four feet into the roadway and no closer than four feet from
any adjacent parcel. Household waste shall be placed in an area without
overhead obstruction and no closer than three feet to any vehicles
or other personal property.
F.
Penalties. Any violation of this section shall be considered a violation
of law and shall be punishable as follows:
(1)
A fine of no less than $100 and no more than $750 or by a term of imprisonment not to exceed 15 days, or both, with the exception of § 21-4D(6).
(2)
A violation of § 21-4D(6) shall be considered a violation of the law and punishable by a fine no less than $250 and no greater than $1,000 and may be subject to the cost of alternate collection for any residences which the service vehicle was unable to collect, or by a term of imprisonment not to exceed 15 days, or both.
A.
It shall be unlawful for any person owning, occupying, managing or
in possession of any parcel in the Town of Islip to obtain collection
of solid waste and recyclables by any person not licensed to provide
solid waste services pursuant to this chapter.
B.
It shall be unlawful for any person to place solid waste and/or recyclables
into a container provided for collection by, or for the use of, another
person without the express written consent of the person providing
said container.
C.
It shall be unlawful for any person to dispose of waste generated
at nonresidences in Town of Islip waste or recycling containers placed
on the public streets or other locations, except those expressly designated
for such waste.
D.
It shall be unlawful for a commercial services customer to allow
for the placement of a container upon public roads, Town-owned property,
rights-of-way, and sidewalks, or in any way outside the confines of
the parcel originating the refuse unless prior approval has been granted
in writing by the Town of Islip.
E.
It shall be unlawful for a commercial services customer to allow
for the placement of a container less than four feet from a public
road unless prior approval has been granted in writing by the Town
of Islip, or less than four feet from a neighboring parcel, unless
prior approval has been granted in writing by the adjacent owner.
F.
It shall be unlawful for commercial service customer to allow for
a container to be filled beyond the upper brim of said container.
G.
It shall be the responsibility of all commercial service customers
to maintain a minimum of six feet surrounding their container or container
enclosure, should one exist, free of all debris, spills and litter.
This shall not supersede the need for owners of a parcel to maintain
their properties free of litter and debris as set forth in this chapter
and the Town Code.
H.
It shall be unlawful for any person to place solid waste and recyclables
into a container provided for collection by, or for the use of, another
person without the express written consent of the person providing
said container.
I.
It shall be unlawful for any person to dispose of waste and recyclables
generated at nonresidences in the Town of Islip Special Garbage and
Refuse District waste stream.
J.
It shall be unlawful for any person to dispose of solid waste and
recyclables from a residence, nonresidence or multiple residence in
waste and recycling receptacles and containers placed by the Town
of Islip on public streets or other locations.
K.
Penalties. A violation of this section shall be considered a violation
of the law and punishable by a fine no less than $250 and no greater
than $1,000, or by a term of imprisonment not to exceed 15 days, or
both. Nothing herein shall relieve said person or entity from removing
said container, solid waste and recyclables, and restoring the property
to its former condition, nor shall this section in any way restrict
the Town from otherwise acting to remedy the violation pursuant to
law; the offender shall be liable to the Town for the cost of collection,
removal, storage and disposal.
A.
Solid waste and recyclables disposal account.
(1)
An account application shall be made in writing, on the form prescribed,
submitted to the Town's Department of Environmental Control and
accompanied by an application fee set by the account and registration
fee schedule, and surety bond or certified check.
(2)
A solid waste and recyclables disposal account shall be valid for
one calendar year. Applications issued mid-year shall only be valid
until the end of the calendar year.
(3)
Upon issuance of an account, the account holder will be provided
with a plaque or decals that shall be securely affixed to the disposal
vehicle and conspicuously displayed in a location visible to disposal
facility staff.
(4)
Default in payment of disposal fees may be subject to interest. Nothing
herein shall relieve payment of said disposal fees.
B.
It shall be unlawful for any person to collect, remove or transport any commercial solid waste and recyclables generated within the Town of Islip for disposal, processing, sorting, storage or any other purpose to any location other than a permitted disposal facility, except by condition of a permit issued pursuant to this chapter or with the approval of the Commissioner pursuant to § 21-10 hereof.
C.
The Commissioner shall have the authority to designate a disposal
facility for all waste generated within the Town of Islip and for
the use of all persons licensed to provide solid waste services pursuant
to this chapter.
D.
It shall be unlawful for any person to place a hazardous substance
out for collection with solid waste or recyclables in the Town of
Islip or to collect, transport or dispose of hazardous substances
in the Town of Islip without a license or permit to do so from the
State of New York or other appropriate authority.
E.
It shall be unlawful for any person to place regulated medical waste
out for collection with solid waste or recyclables in the Town of
Islip or to collect, transport or dispose of regulated medical waste
within the Town of Islip without a license or permit to do so from
the State of New York or other appropriate authority.
F.
Any violation of this section shall be considered an unclassified misdemeanor and shall be punishable by a term of imprisonment up to one year or a fine of no less than $500 and no more than $5,000, or both, and any such violations shall be subject to additional penalties as set forth in §§ 21-15 and 21-17 of this chapter. Any person, individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert found to be in violation of this section may be subject to additional penalties in accordance with the laws of the State of New York.
G.
(Reserved)
A.
Notwithstanding any other provision of the Islip Town Code, it shall
be unlawful for any person to create, maintain, suffer or allow the
accumulation of a quantity of solid waste or recyclables in excess
of one cubic yard upon any parcel, street, lot, park, public place,
open space or other area, whether publicly or privately owned, unless
said area is licensed for that purpose under this chapter or otherwise
subject to a lawful contract for removal and disposal by a person
licensed by this chapter.
B.
It shall be unlawful for any person or entity in control or possession
of hazardous wastes, medical waste, liquid wastes and/or solvents,
as defined in 6 NYCRR Part 371, ignitable wastes, as defined in 40
CFR 261.21, or pesticides, as defined in 40 CFR 261.32 and 261.33,
to dispose upon any street, lot, park, public place or open space,
whether publicly or privately owned, including but not limited to
storm drains, sumps, natural or man-made ponds, cisterns, wells, streams,
waterways, or in a waste container not intended for such purpose,
any of the substances described in this subsection.
C.
Any person found to be in violation of this section shall be guilty of an unclassified misdemeanor and shall be subject to a fine of not less than $1,000 and not more than $10,000 or to one year's imprisonment, or both, and may be subject to the conditions of §§ 21-15 and 21-17. Nothing herein shall relieve said person or the record owner of the property upon which the waste is deposited from removing said waste and restoring the property to its former condition, nor shall this section in any way restrict the Town Board from otherwise acting to remedy the violation and/or location pursuant to law; the offender shall be liable to the Town for the cost of collection, removal, storage, and disposal.
A.
No person shall engage in the business of collecting solid waste
and recyclables or otherwise render solid waste and recyclables services
to anyone without a permit as hereinafter provided. Any person found
to be in violation of this subsection shall be guilty of an unclassified
misdemeanor and shall be subject to a fine of not less than $1,000
and no more than $10,000 or one year's imprisonment, or both.
Nothing herein shall relieve said person or entity from removing said
container in service, and solid waste and recyclables, nor shall this
section in any way restrict the Town from otherwise acting to remedy
the violation pursuant to law; the offender shall be liable to the
Town for the cost of collection, removal, storage and disposal.
B.
Contents of application.
(1)
A permit application shall be made, in writing, on the form prescribed,
and submitted to the Town's Department of Environmental Control
and accompanied by an application fee separate from the fees of the
first vehicle, each additional vehicle and each container used in
service. The fee shall be set forth by the permit fee schedule. A
permit issued under this chapter shall be valid for one calendar year.
Incomplete permit applications, and permit applications personally
delivered or postmarked after January 15 are subject to a nonrefundable
late fee set by the permit fee schedule, which shall be submitted
separately from permit application fees.
(2)
Names to be included.
(a)
The application shall contain the name of the applicant or,
if a partnership or corporation, the names of all partners, officers,
directors and all persons holding 5% or more of a financial interest
in said partnership or corporation. If the applicant is a corporation
which is wholly or partially owned by another corporation, the parent
corporation shall be identified, together with the names of the officers
and directors of the parent corporation.
(b)
The application shall contain the name of any individual applicant,
partnership, officer, director or any person holding 5% or more financial
interest in said business or corporation who has been convicted of
any crime or committed an act for which a civil sanction or penalty
was imposed or is under indictment for any crime.
(c)
The application shall contain the name of any solid waste and
recyclables businesses that the applicant and persons holding financial
interest in the applicant's company has done business as or held
ownership in during the last five years.
(d)
The application shall contain the name of any individual applicant,
partnership, officer, director or any person holding 5% or more financial
interest in said business or corporation that is a Town employee or
said person's relation to a Town of Islip employee(s).
(3)
A permit application shall be accompanied by a current Suffolk County
Department of Health Services solid waste permit applicable to any
and all vehicles submitted.
(4)
The applicant shall also provide the Town with a statement sworn
to by the applicant, if an individual, or a partner or an officer
of the applicant corporation, as the case may be, containing the following
information:
(a)
A complete list of all nonresidences and multiple residences
serviced by the applicant at the time of application, including the
name, address and telephone number of each such customer.
(b)
A complete list of all containers provided by the applicant
to nonresidences and multiple residences in the Town of Islip, which
list shall include the location, quantity, capacity, type of container,
number of units and frequency of collection of each such container
at the time of application.
(c)
A complete list of all nonresidences and multiple residences
serviced by the applicant at which the collection of source-separated
recyclables is performed in a manner or at a time other than that
employed to collect solid waste and recyclables at the time of application,
as well as the total yard collected annually, and total tonnage collected
annually.
(5)
The information required pursuant to this subsection shall be regarded
by the Town as trade secrets which, if disclosed, could cause substantial
injury to the competitive position of the person submitting the information.
(6)
A permit application shall be accompanied by a notarized affidavit affirming responsibility of all disposal fees incurred by its operations and a notarized affidavit affirming compliance with Chapter 21.
(7)
A permit application shall be accompanied by additional documentation
as required by the Town.
C.
Vehicles used in service must be permitted. All vehicles for which fees are paid pursuant to Subsection B(1) above shall, upon issuance of a permit, be provided with Town of Islip plaques and/or decals indicating that the vehicle is permitted. These plaques and/or decals shall be securely fastened and conspicuously displayed on the driver's side of the vehicle at all times. In addition, all vehicles shall conspicuously display, in letters at least six inches high, the name and telephone number of the permit holder. It shall be unlawful for any person other than the permit holder to utilize such a vehicle for the provision of said waste services without the express permission of the Commissioner, unless ownership or possession of the vehicle is lawfully transferred to such other person and a new permit issued. Any person found to be in violation of this subsection shall be guilty of a Class A misdemeanor and shall be subject to a fine of not less than $250 and no more than $1,000 or one year's imprisonment, or both, and any such violations shall be subject to additional penalties as set forth in §§ 21-15 and 21-17 of this chapter.
D.
Containers used in service must be permitted. All containers for which fees are paid pursuant to Subsection B(1) above shall, upon issuance of a permit, be provided with a Town of Islip decal indicating that the container is permitted. A container decal shall be securely affixed and conspicuously displayed nearest to the top right corner of the container exterior wall facing where a vehicle makes connection. Any person found to be in violation of this subsection shall be guilty of a Class A misdemeanor and shall be subject to a fine of not less than $250 and no more than $1,000 or one year's imprisonment, or both, and any such violations shall be subject to additional penalties as set forth in §§ 21-15 and 21-17 of this chapter.
A.
The issuance of a solid waste services permit shall obligate the
holder to deliver all solid waste collected within the Town of Islip,
excluding recyclables separated by commodity type and collected separately
at the place of generation, to Town disposal facilities.
B.
The Commissioner may release a permit holder from all or part of the obligation contained in Subsection A above under the following circumstances:
(1)
Upon approval by the Commissioner of a recycling plan submitted by
the permit holder, pursuant to which recyclables commingled with solid
waste collected at nonresidences or multiple residences are to be
extracted for sale or reuse and the residue delivered to Town disposal
facilities.
(a)
Any such plan shall contain, at a minimum, the following elements:
[1]
The name, location, container size and collection schedule of
all customer stops to be included in the plan.
[2]
An estimate, supported by adequate documentation or other evidence,
of the aggregate weight of the total solid waste to be collected under
the plan on a monthly basis, seasonally adjusted.
[3]
An estimate, supported by adequate documentation, including
identification of markets or buyers, of the types and aggregate quantities
of recyclables to be extracted from the solid waste collected under
the plan on a monthly basis, seasonally adjusted.
[4]
Identification of the facility or description of the method
to be employed to extract the recyclables from the solid waste collected
under the plan.
[5]
Financial security, in a form acceptable to the Commissioner,
ensuring the payment of the Town of Islip tipping fees to be incurred
by the delivery of the solid waste residue after extraction of recyclables
pursuant to the approved plan, which security shall be drawn upon
in the event that said residue is not delivered to Town disposal facilities.
(b)
A plan approved pursuant to this subsection shall be subject
to amendment, including temporary modifications in the estimated amounts
of solid waste, recyclables or residues to be collected or delivered,
for good cause shown and upon prior notice to the Commissioner.
(c)
Persons holding solid waste and recyclables services permits
from the Town on the effective date of this chapter shall not be relieved
of the obligation to deliver solid waste or recyclables collected
to Town of Islip disposal facilities as a condition of said permit
under the prior code.
(2)
Upon a determination by the Commissioner that Islip disposal facilities
are for any reason not available to receive all or part of the solid
waste or recyclables collected by permit holders within the Town of
Islip, a permit holder shall be released from the obligations of this
section for the duration of such unavailability.
It shall be unlawful for any commercial service provider to
collect solid waste and recyclables prior to 5:00 a.m. and not later
than 8:00 p.m. on Monday through Saturday; and no earlier than 6:00
a.m. and no later than 5:00 p.m. on Sundays and the federal holidays
of New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
A.
It shall be unlawful for any person performing solid waste services in the Town of Islip to deliver solid waste generated in the Town of Islip to a transfer station/recycling center except pursuant to a recycling plan submitted and approved pursuant to § 21-10B hereof.
B.
It shall be unlawful for any person to operate a transfer station/recycling
center within the Town of Islip unless said transfer station/recycling
center is licensed pursuant to this chapter.
C.
Penalties. A person found to be in violation of this section shall be guilty of an unclassified misdemeanor and subject to a fine of not less than $1,000 and no more than $10,000 or no more than one year's imprisonment, or both, and may be subject to the conditions of §§ 21-15 and 21-17. Nothing herein shall relieve said person or entity from removing the solid waste and recyclables from the property, and restoring the property to its former condition, nor shall this section in any way restrict the Town from otherwise acting to remedy the violation pursuant to law; the offender shall be liable to the Town for the cost of collection, removal, storage, and disposal.
A.
A permit application shall be made, in writing, on the form prescribed
by the Town's Department of Environmental Control and accompanied
by a permit fee and separate application fee as set forth by the permit
fee schedule. Incomplete permit applications, and permit applications
personally delivered or postmarked after January 15 are subject to
a nonrefundable late fee set by the permit fee schedule, which shall
be submitted separately from permit application fees. A permit to
operate issued by any other regulatory agency does not grant allowance
to operate without a permit issued by the Town. A permit issued pursuant
to this section shall be valid for one calendar year and shall be
renewable annually after submission of the required fee and application
materials.
B.
The application shall contain the information required in § 21-9B(2) above. Modifications to the permit holder's application and site plan requirement must be submitted to the Town of Islip within 30 days of any change. A failure to notify the Town within 30 days shall be a violation of law and subject to a penalty of no less than $100 and no more than $500, imprisonment up to 15 days, or both.
C.
No permit shall be granted unless the applicant can produce a valid
transfer station operating permit issued by the New York State Department
of Environmental Conservation for the proposed site and further demonstrate
that the proposed transfer station/recycling center is consistent
with the Town's Solid Waste Management Plan.
D.
The grant of a permit shall bind the applicant to provide the Town
of Islip with the following information on a quarterly basis:
(1)
Gross tons of mixed solid waste and recyclables received.
(2)
Gross tons of recyclables removed from solid waste delivered.
(3)
Net tons of nonrecyclable solid waste reloaded onto vehicles for
disposal.
(4)
Total container capacity of all nonresidential stops and multiple-residence
stops serviced by collection vehicles delivering mixed solid waste
and recyclables to the facility.
(5)
Location and container capacity of all nonresidential and multiple-residence
stops located within the Town of Islip serviced by all collection
vehicles delivering mixed solid waste and recyclables to the facility.
(6)
A violation of this subsection shall be a violation of law and subject
to a fine no less than $50 and no more than $250, or imprisonment
of up to 15 days, or both. Nothing herein shall relieve said person
or entity from submitting the requirements of this subsection.
E.
The issuance of a transfer station permit shall obligate the holder
to comply with the following:
(1)
All loading/unloading, sorting, baling, processing, crushing and
similar intensive activity associated with the facility shall be contained
inside a completely enclosed building.
(2)
Outdoor use of the property shall be restricted to the storage of
empty containers.
(3)
On-street parking of vehicles, containers or any other equipment
or materials, solid waste and recyclables in any way connected with
the facility shall be restricted to the parcel permitted as a transfer
station facility.
(4)
All transport, sorting, baling, processing, crushing and similar
intensive activity associated with the transfer station/recycling
center facility shall be restricted to 5:00 a.m. through 8:00 p.m.
(6)
A violation of this section shall be considered a violation of law and shall be punishable by a fine of no less than $500 and no more than $10,000, or 15 days imprisonment, or both, and may be subject to the conditions of §§ 21-15 and 21-17. Nothing herein shall relieve said person or entity from removing the solid waste and recyclables from the property, and restoring the property to its former condition, nor shall this section in any way restrict the Town from otherwise acting to remedy the violation pursuant to law; the offender shall be liable to the Town for the cost of collection, removal, storage and disposal.
F.
(Reserved)
G.
(Reserved)
H.
(Reserved)
I.
Prior to the issuance of a permit for a transfer station/recycling
center, an application shall be reviewed and approved by the Planning
Division of the Town of Islip. Approval will be based on the following
criteria and requirements:
(1)
Submission of a site plan to the Planning Division. The plan shall
include the precise location of all buildings, structures, employee
and truck parking, loading, unloading and traffic areas, internal
circulation, container storage areas, storage areas for recycling
and any other information deemed pertinent to an adequate review of
the proposal. All requirements for the submission and issuance of
building permits and change of use permits shall be met.
(2)
A minimum lot area of two acres and the right to require a greater
lot area. Such requirement will be based on the scale of operation
as measured by the size of the buildings proposed for the site, the
volume of solid waste handled on a daily basis and the requirements
for vehicle parking and movement or a finding that the operation cannot
be adequately screened from adjoining property.
(3)
A minimum distance of 200 feet from property zoned for residential
use.
(4)
Submission of a route plan to indicate that traffic generated by
the facility will have a minimal impact on residential streets.
(5)
Provision of adequate lanes for vehicles entering the facility.
(6)
All sorting, baling, processing, crushing and similar intensive activity
associated with the facility, including the storage of all containers
containing recyclable and any other materials, shall be contained
inside a completely enclosed building.
(7)
Outdoor use of the property shall be restricted to the parking and
maneuvering of vehicles and the storage of empty containers.
(8)
The storage of said containers shall be restricted to locations specifically
identified on the site plan. This equipment shall be located and screened
in such a manner so as to not be visible from the street or from adjoining
properties.
(9)
On-street parking of vehicles, containers or any other equipment
or materials in any way connected with the facility shall be prohibited.
(10)
Where feasible, truck loading and unloading areas shall not
face the street.
(11)
A minimum of 20 feet of landscaping, including street trees
in accordance with the Land Development Regulations of the Town of
Islip, shall be planted and maintained along all street frontages.
(12)
An eight-foot-high chain-link fence with stockade attached shall
be installed and maintained directly behind said landscaped areas.
(13)
The maximum height of the facility shall not exceed 30 feet.
(14)
Protective barriers around those portions of the building vulnerable
to damage from vehicle movements shall be provided.
J.
Application for variances from the requirements governing minimum
lot area and minimum distances from residences shall be made to the
Zoning Board.
K.
Grant and acceptance of this permit shall constitute consent to allow
inspection of the premises by the Town of Islip for the purpose of
ensuring compliance with this section. Inspection shall be during
hours of operation.
L.
Nothing in this section shall exempt an applicant or facility from
compliance with zoning or other requirements of the Islip Town Code.
A.
A person who provides solid waste and recyclables services to a nonresidence
or multiple residence customer shall:
(1)
Provide the customer with a container for solid waste and/or recyclables
sufficient for the customer's needs. All such containers shall
be conspicuously labeled with the name and telephone number of the
person providing solid waste services and the volume of the container,
expressed in cubic yards.
(2)
Within one week of a request by the customer, provide solid waste
services to any nonresidence or multiple residence within 1/2 mile
of any other such customer to whom the person provides solid waste
services or arrange for another person to provide such services or
provide such services after being ordered to provide such services
by the Commissioner.
(3)
Specify on each bill to a customer the collection provider's
name, telephone number, the rate charged per unit of solid waste removed
and the rates charged per unit of recyclables serviced.
(4)
Remove any solid waste container provided by him within 14 days after
solid waste services are terminated.
(5)
Not allow any person other than the permit holder to utilize such
a container for the provision of said waste services, without the
express permission of the Commissioner, unless ownership or possession
of the container is lawfully transferred to such other person and
a new permit issued.
(6)
Not allow for the placement of a container upon public roads, Town-owned
property, rights-of-way, and sidewalks, or in any way outside the
confines of the parcel originating the refuse unless prior approval
has been granted in writing by the Town of Islip.
(7)
Not allow for the placement of a container less than four feet from
a public road unless prior approval has been granted in writing by
the Town of Islip.
B.
Notwithstanding any other provisions of this section to the contrary,
the Commissioner shall have the authority to direct the person providing
solid waste services to immediately remove, or, in the alternative,
to direct Town personnel to immediately remove, any waste in a container
remaining uncollected for a period of seven days or more or any waste
which by its nature or condition presents an immediate nuisance or
threat to the public health. In the event that the Town removes said
waste, the person providing the container shall be liable to the Town
for the cost of collection and disposal.
C.
Penalties. A violation of this section shall be considered a violation of law and shall be punishable by a fine of no less than $250 and no more than $1,000, or no more than 15 days' imprisonment, or both, and may be subject to the conditions of §§ 21-15 and 21-17. Nothing herein shall relieve a person or entity from removing a container and restoring the property to its former condition, nor shall this section in any way restrict the Town from otherwise acting to remedy the violation pursuant to law; the offender shall be liable to the Town for the cost of collection, removal, storage and disposal.
A.
Notwithstanding any other provision of this chapter, the Town Clerk, pursuant to Chapter 50B of the Town Code, or the Town Board may refuse to issue or may suspend or revoke a permit issued to any person if such permittee or applicant or any person having a financial interest therein is convicted of a crime or is otherwise determined to be undesirable or incapable of properly rendering solid waste services.
B.
The issuance of a solid waste services permit under this chapter
shall obligate the holder to the payment of a civil penalty and/or
the suspension or revocation of the permit granted hereunder if, after
notice and hearing and by a preponderance of the evidence, the holder
is found to have violated the conditions of the permit as set forth
in this chapter. Civil penalties shall be imposed for violations of
this chapter pursuant to the following schedule:
(1)
For a first violation, the penalty shall be $2,500.
(2)
For a second violation within three years, the penalty shall be $5,000.
(3)
For a third or subsequent violation within any three-year period,
the penalty shall be $10,000.
(4)
A third or subsequent violation within any three-year period shall,
in addition, subject the permit of the violator to suspension or revocation
by the Town Board.
C.
Any suspension of a permit pursuant to this chapter shall be for
a definite period of up to one year, which period shall be deemed
to extend into the term of the next renewed permit if the term of
suspension is longer than the period remaining under the instant permit.
Any suspension ordered pursuant to this chapter may be accompanied
by such terms and conditions imposed by the Town Board which may provide
reasonable assurance that the permit holder does not engage, directly
or indirectly, in the provision of solid waste services in the Town
during the term of suspension. Violation of the terms and conditions
of any suspension shall be grounds for revocation of the permit.
D.
Any revocation of a permit pursuant to this chapter shall preclude
the former permit holder as an individual and, if a partnership, its
partners and, if a corporation, its officers, directors and shareholders
holding over 5% of the stock of said corporation at the time of revocation
from engaging in the business of providing solid waste services in
the Town of Islip for a minimum period of five years. Any such former
permit holder may apply for a new permit after the expiration of said
five-year period; provided, however, that all such applications shall
be approved or denied by majority vote of the Town Board. The Town
Board, in considering such an application, may, in its discretion,
and in addition to any other relevant information, consider such mitigating
or aggravating factors as the nature of the incident or incidents
giving rise to the revocation, the relative culpability of the applicant
in said incident and the past history of the applicant in Islip or
other licensing jurisdictions. Nothing in this section is intended
or shall be construed as creating a right to the reinstatement of
any permit after the expiration of five years or any other period
of time.
A.
Hearings conducted pursuant to this chapter shall be had upon at
least 10 days' written notice to the permit holder setting forth
the specific nature and circumstances of the alleged violation of
the conditions of the permit.
B.
The burden of proof in establishing a violation shall be upon the
Town.
C.
Hearings shall be held before a hearing officer appointed by the
Commissioner. The hearing officer shall be the Commissioner, Deputy
Commissioner or executive officer of a department of the Town, other
than the Department of Environmental Control. The hearing officer
shall have the power to set the time and place of the hearing, grant
recesses and adjournments, rule upon motions and requests, rule upon
the admissibility of evidence and make findings of fact.
D.
The permit holder may be represented by counsel.
E.
Witnesses shall be sworn and subject to cross-examination. A stenographic
record of the proceedings shall be kept.
F.
Evidence submitted shall be relevant and may include evidence as
to the history and character of the permit holder if a suspension
or revocation of the permit is potentially at issue. Hearsay evidence
shall be admissible, but shall be accorded such weight as the hearing
officer deems appropriate, consistent with its reliability.
G.
Findings of fact shall be made by the hearing officer, in writing,
upon a preponderance of the evidence.
H.
Upon a finding that a violation is proved, the Commissioner shall
impose the monetary civil penalty which shall be applicable.
I.
If, as a result of a finding of violation, the permit of the violator
is subject to suspension or revocation, the Commissioner, in addition
to imposing the appropriate monetary civil penalty, shall forward
the findings of fact and the record of the hearing to the Town Board.
The Town Board may determine to take no further action and so notify
the permit holder. In the alternative, upon at least 10 days'
written notice to the permit holder and the public, but not later
than 90 days after the close of the administrative hearing, the Town
Board may convene a public hearing solely to determine whether, on
the basis of the violation found, the past history and performance
of the permit holder and such other evidence as the Board may receive
at the public hearing, the permit should be suspended or revoked.
A public hearing commenced for this purpose may be adjourned for such
reasonable periods as the Board deems necessary to receive and evaluate
the evidence. Within 30 days of the close of the public hearing, the
Board shall determine whether the permit shall be suspended or revoked
and, if suspended, the period of suspension or whether no further
action shall be taken.
J.
In the event of any denial of an application for a permit or any
denial or disapproval of a recycling plan proposed hereunder or upon
the finding of a violation and the imposition of any administrative
penalty after hearing pursuant to this chapter, the applicant or holder
of the permit against whom such action is taken may appeal the determination
of the Commissioner or the Town Clerk to the Town Board of the Town
of Islip by filing with the Town Clerk a written request for the review
of said determination within 30 days of the date of said determination.
All such requests for review shall be in writing and shall contain
a full and complete statement of the reasons for reversal or modification
of said determination, including any supporting documentation. The
Town Attorney, on behalf of the Commissioner or the Town Clerk, shall
have the opportunity to reply to the request for review. The Town
Board shall render its decision to uphold, reverse or modify the determination
at issue within a reasonable time thereafter. The decision of the
Town Board shall be in writing and shall be final.
K.
No penalty imposed by any determination hereunder shall be effective
until 30 days after said determination, unless a request for review
is filed, in which case said penalty shall not be effective until
the Town Board renders its decision.
A.
By a vehicle's entry into a disposal facility, the owner and
operator of that vehicle shall be deemed to consent to the searches
and seizures hereinafter provided.
B.
Any vehicle which enters a disposal facility may be searched and
its contents examined by Town employees to determine compliance with
the rules and regulations of that facility governing delivery of materials
to that facility.
C.
Any police officer shall have the power to seize without a warrant,
for conservation, health, safety or evidentiary purposes, any material
he has cause to believe is a hazardous substance or regulated medical
waste collected or transported through the Town in violation of the
applicable provisions of this chapter. Any material seized under this
subsection and determined to be a hazardous substance or regulated
medical waste shall be disposed of as deemed appropriate by the Commissioner,
and any costs associated with such disposal shall be assessed against
the person or persons in possession of said materials.
D.
Any police officer shall have the power to seize without a warrant,
for conservation, health, safety or evidentiary purposes, any vehicle
he has cause to believe has been or is being knowingly used to unlawfully
dump, store, transport or dispose of any solid waste, including hazardous
substances, regulated medical waste, tires or other materials. A seized
vehicle may be forfeited as hereinafter provided.
E.
The seized vehicle shall be delivered by the police officer having
made the seizure to the custody of the Town Attorney, together with
a report of all the facts and circumstances of the seizure, as soon
as practical under the circumstances.
F.
It shall be the duty of the Town Attorney to inquire into the facts
of the seizure so reported to him and, if it appears probable that
a forfeiture should be incurred for the determination of which the
institution of proceedings in the Supreme Court is necessary to cause
the proper proceedings to be commenced, at any time within 30 days
from the date of seizure, to declare such forfeiture, unless, upon
inquiry and examination, the Town Attorney decides that such proceedings
cannot probably be sustained or that the ends of public justice do
not require that they should be instituted or prosecuted, in which
case the Town Attorney shall cause such seized property to be returned
to the owner thereof. The Town Attorney shall make his determination
as to whether or not it appears probable that a forfeiture has been
incurred within one business day after the delivery of the vehicle
to his custody.
G.
Notice of the institution of the forfeiture proceeding shall be served
either personally on the owner of the seized vehicle or by registered
mail to the owner's last known address and by publication of
the notice once a week for two successive weeks in a newspaper published
or circulated in the Town.
H.
Forfeiture shall not occur where the owner establishes, by a preponderance
of the evidence, that the use of such seized vehicle in violation
of this chapter was not intentional on the part of the owner or that
said seized vehicle was used in violation of this chapter by any person
other than an owner thereof while such seized vehicle was unlawfully
in the possession of a person who acquired possession thereof in violation
of the criminal laws of the United States or any state.
I.
The Town Attorney, having custody of the seized vehicle after such
judicial determination of forfeiture, shall, at his discretion, either
retain such seized property for the official use of the Town or, by
a public notice of at least five days, sell such forfeited property
at public sale. The net proceeds of such sale, after deduction of
lawful expenses incurred, shall be paid into the general fund of the
Town.
J.
Whenever any person interested in any property which is seized and declared forfeited under the provisions of this section files with a Justice of the Supreme Court a petition for the recovery of such forfeited property, the Justice of the Supreme Court may restore said forfeited property upon such terms and conditions as he deems reasonable and just, if the petitioner establishes either of the affirmative defenses set forth in Subsection H of this section and that the petitioner was without personal or actual knowledge of the forfeiture proceedings. If the petition is filed after the sale of the forfeited property, any judgment in favor of the petitioner shall be limited to the net proceeds of such sale after deduction of the lawful expenses and costs incurred by the Town Attorney.
K.
No suit or action under this section for wrongful seizure shall be
instituted unless such suit or action is commenced within two years
after the time when the property was seized.
A.
CHARITABLE NOT-FOR-PROFIT
DONATION DROPOFF BIN (BIN)
NONCHARITABLE NOT-FOR-PROFIT AND FOR-PROFIT
ORGANIZATION
OWNER
REGISTRANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any organization formed pursuant to NYS N-PCL § 102(5).
A closed container, metal or otherwise, having an opening
through which new or used clothing or household goods only can be
deposited and stored until pickup by the registrant, also known as
the "owner."
Any organization other than one formed pursuant to NYS N-PCL
§ 102(5).
An individual, business, partnership, association, firm,
company or corporation of any kind.
The organization or person having legal title to the bin.
Said legal title shall be established by a bill of sale, a chattel
mortgage, a titled document or any other documentation evidencing
ownership.
Any organization or person that registers a donation dropoff
bin with the Town's Department of Environmental Control pursuant
to the provisions of this chapter.
B.
Permit required; dates of issuance and expiration.
(1)
Permit required for placement, emptying and removal. It shall be
unlawful for any person, except the Town of Islip or other municipal
agency, to maintain, place, empty or remove or cause to be maintained,
placed, emptied or removed a donation dropoff bin without having first
obtained a permit issued by the Islip Department of Environmental
Control.
(2)
It shall be unlawful for any owner or managing agent of a parcel
to allow for the placement of a donation dropoff bin on said parcel
by any person not permitted in accordance with this chapter.
(3)
(Reserved)
(4)
A permit issued under this chapter shall be valid for one calendar
year. Permits issued mid-year shall be valid until the end of the
calendar year. Upon issuance of a permit, the permit holder will be
provided with a decal assigned to each donation dropoff bin used in
service. Said permit can be renewed for successive one-year periods
upon application to the Islip Town's Department of Environmental
Control and upon payment of any applicable fees.
C.
Application for permit; contents; fees.
(1)
The person wishing to obtain a dropoff bin permit shall complete
a registration application in such form as to be acceptable to the
Islip Town's Department of Environmental Control. Such application
shall include but not be limited to:
(a)
The name, address and telephone number of the person applying
for the permit;
(b)
The proposed location/address and description of the location/address
where the bin is to be placed, together with the estimated duration
of occupancy and quantity of bins to placed at the proposed location;
(c)
The name, telephone number and contract or written consent of
the owner or managing agent of the proposed location allowing placement
of the donation dropoff bin(s). Said consent will be accepted only
on letterhead of the location owner or managing agent and must be
notarized prior to submission;
(d)
The name, address, and telephone number of the person who will
be placing the bin; and a description of other distinguishing marking
painted on the dropoff bin(s), including a photograph of consistent
bin style, appearance, markings and paintings;
(e)
Information as to the manner and schedule for which the bin
is to be emptied or removed; a permit holder shall make collections
proportionate to the volume of donations in order to avoid overflow;
and
(f)
The destination of the clothing or other items to be removed
from the bin.
(g)
Restrictions:
[1]
No person or organization can apply for more than 15 locations
for donation dropoff bins.
[2]
Property owned by the Town is not eligible for donation dropoff
bin placement.
[3]
Vacant and abandoned properties are not eligible for donation
dropoff bin placement.
[4]
A property is limited to the placement of a donation dropoff
bin by one permit holder. Applications requesting the same property
location will be approved in order or receipt by the Town.
[5]
The quantity of donation dropoff bins placed on a parcel is
limited as follows: a property less than one acre shall be limited
to the placement of two donation dropoff bins; properties less than
five acres will be limited to the placement of four donation dropoff
bins. Properties exceeding five acres are limited to the placement
of six donation dropoff bins.
(2)
Permitting fees:
(a)
Not-for-profits: A permit application fee set forth by the permit
fee schedule shall be charged in advance for each one-year period
the bin is in place at the permitted locations. Said permitting fee
shall cover the fees for all bins placed by the not-for-profit. At
the time of payment of said fee, proof that the registrant is a recognized
§ 501(c)(3) charitable organization must be submitted to
the Islip Town's Department of Environmental Control in at least
two of the following formats:
[1]
Proof of a New York State Charities Registration identification
number or letter of good standing from the state or federal government
oversight agency;
[2]
Certificate of incorporation indicating a charitable purpose,
together with a tax identification number;
[3]
A letter addressed to the Islip Department of Environmental
Control on the not-for-profit's letterhead and signed by an authorized
signatory stating that at least 25% of the revenue obtained from the
donation dropoff bin is donated back to the not-for-profit.
[4]
New York State Charities Registration identification number.
(b)
For-profit businesses: A permit application fee set forth by
the permit fee schedule per bin shall be charged in advance for each
one-year period the bin is in place at the permitted locations.
D.
The issuance of a donation dropoff bin permit shall obligate the
holder to comply with the following:
(1)
Each approved permitted bin shall be assigned a permit number and
issued a decal. Decals shall only be used on a donation dropoff bin
assigned to the permitted location. A permit decal shall be securely
affixed prior to placement and conspicuously displayed on each donation
dropoff bin nearest to the top right corner of the exterior wall that
has the opening used for the deposit of donations.
(2)
The name and telephone number of the permit holder as written in
the application shall be conspicuously labeled in legible lettering
no less than four inches in height on the same side of the donation
dropoff bin opening. Labeling of the charity purpose or organization
for which the donation is made shall not relieve the permit holder
of this obligation.
(3)
Status as either not-for-profit or for-profit shall be indicated
in legible lettering no less than four inches in height, nearest to
the top of the bin on the deposit opening side.
(4)
It shall be unlawful for any person other than the permit holder
to utilize such a donation dropoff bin without the express permission
of the Commissioner, unless ownership or possession of the container
is lawfully transferred to such other person and a new permit issued.
(5)
Placement of a donation dropoff bin shall be limited to the permitted
location on the parcel as designated by the Town. In the event a property
becomes vacant or abandoned during the course of the calendar year,
the permit holder shall remove the donation dropoff bin within 14
business days after notice from the Town.
(6)
A permit holder is responsible to maintain a minimum of six feet
surrounding the donation dropoff bin free of all debris and litter;
this shall not supersede the need for owners of a parcel to maintain
their properties free of litter and debris as set forth in the Town
Code.
(7)
Modifications to the permit holder's application must be submitted
to the Town of Islip within 30 days of any change. A failure to notify
the Town within 30 days shall be a violation of law and subject to
a penalty of no less than $100 and no more than $500, imprisonment
up to 15 days, or both.
E.
Penalties for offenses: continuing offenses.
(1)
In addition to any penalty that may be imposed for an offense against the Penal Law, any person violating the provisions of § 21-18 shall be guilty of a violation, punishable by a fine of not less than $150 but not more than $1,000 and/or 15 days' imprisonment for the first such offense, and may be subject to the conditions of §§ 21-15 and 21-17. Nothing herein shall relieve said person or entity from removing the donation dropoff bin from the property, and restoring the property to its former condition, nor shall this section in any way restrict the Town from otherwise acting to remedy the violation pursuant to law; the offender shall be liable to the Town for the cost of collection, removal, storage and disposal.
(2)
For each subsequent violation following a first offense, a violator of this chapter shall be punished by a fine of not less than $250 but not more than $2,500, and/or 15 days' imprisonment and may be subject to the condition of §§ 21-16 and 21-17. Nothing herein shall relieve said person or entity from removing the donation dropoff bin from the property, and restoring the property to its former condition, nor shall this section in any way restrict the Town from otherwise acting to remedy the violation pursuant to law; the offender shall be liable to the Town for the cost of collection, removal, storage and disposal. The Town may also bring an action or proceeding to enjoin the offense and to recover the costs incurred by the Town for removing and/or storing the bin or otherwise remedying conditions brought about by the offense of this chapter.
(3)
In the event that the Town of Islip or any of its agencies is required
to retrieve a bin that is in violation of this chapter, the Town may
also bring an action or proceeding against the owner or registrant
or for-profit or not-for-profit to enjoin the offense and to recover
the costs incurred by the Town for removing and/or storing the bin
or otherwise remedying conditions brought about by the offense of
this chapter. Storage fees shall be $25 per day.
If any term, part, provision, section, subdivision or paragraph
of this chapter shall be held unconstitutional or ineffective, in
whole or in part, then, to the extent that it is not unconstitutional
or ineffective, this chapter and such term, part, provision, section,
subdivision or paragraph thereof shall be in full force and effect,
and such determination shall not be deemed to invalidate the remaining
terms, parts, provisions, sections, subdivisions or paragraphs thereof.
This chapter shall take effect upon filing with the Secretary
of State.
