[Adopted 5-8-1985 (Ch. 24 of the 1972 Code); amended in
its entirety 5-11-2011 by L.L. No. 4-2011]
It is the purpose of this article to protect and enhance the
public health and welfare of the Town of Carmel by regulating the
storage, collection and transportation for disposal of solid waste
and recyclable materials within the Town of Carmel, including the
licensing and regulation of persons and vehicles engaged in such collection
and transportation.
For the purposes of this article, certain words and terms used
herein are defined as follows:
Any customer of a refuse collector who stores refuse and garbage in the containers referred to in § 95-21C herein.
Placement of contained garbage or refuse designated for collection
within 10 feet of a private, Town, county or state right-of-way from
which a residence derives access.
All putrescible animal or vegetable waste resulting from
the handling, preparation, cooking and consumption of food or the
storage and sale of produce.
All those wastes that can cause serious injury or disease
during the normal storage, collection and disposal cycle, including
but not limited to explosives, inflammables, pathological and infectious
wastes, radioactive materials, poisons, acids and dangerous chemicals
or combinations of chemicals and any material designated as hazardous
waste by federal and state agencies having jurisdiction.
Any individual, group of individuals, partnership, firm,
corporation or association.
Raw or processed material that can be recovered from a waste
stream for reuse as defined in Chapter 205 et seq. of the Code of
Putnam County, New York, as may be amended.
All putrescible and nonputrescible solid waste, including
garbage, rubbish, rubble, trash, small dead animals, ashes, solid
commercial and industrial waste, but not including human or rendering
waste, junk motor vehicles, dirt or rocks.
Any person duly licensed or authorized, pursuant to this
article, to engage in the business of collecting, storing, hauling
or transporting of refuse and garbage in the Town of Carmel.
All matter of useless, unwanted or discarded solid or semisolid
domestic, commercial, industrial, institutional, construction and
demolition waste material, including garbage and refuse, but excepting
human or rendering waste.
A.
Except as otherwise provided, all garbage and refuse shall be stored
in containers, commercially manufactured for that purpose, equipped
with suitable handles and tight-fitting covers and which shall be
watertight and capable of being properly cleaned and sanitized. Such
containers shall not exceed 96 gallons in capacity.
B.
Plastic (polyurethane) bags may be used for storage of all refuse,
provided that such bags are securely tied or otherwise fastened at
the top, are free from holes, rips or tears and are of sufficient
strength to permit normal handling without rupture.
C.
Containers, larger than those permitted in Subsection A of this section, may be used on commercial properties and other properties where the type of collection equipment and/or collection methods permit the handling of such containers without endangering health or safety.
D.
Any waste material, other than garbage which cannot readily be deposited
in containers, may be compacted and securely bundled, tied or packed
so as to not be likely to be spilled or scattered when so packed and
secured.
E.
Hazardous waste shall not be stored, placed for collection nor collected,
except on special permission by the Town Board or approval by federal
or state agencies having jurisdiction and only in conformance with
the regulations applicable thereto.
A.
Where collection is provided at the roadside, containers shall be
placed in a visible and accessible area and shall not interfere with
sidewalk or vehicular traffic or parking.
B.
Where collection is provided at the roadside, the refuse collector
shall place containers back onto the owner's property in a neat
fashion with covers on.
C.
The refuse collector shall not leave refuse or garbage upon streets
or public or private property which may have dropped from containers
or the collector's equipment.
Collection shall be restricted to the hours of 6:00 a.m. to
6:00 p.m., Monday through Saturday, and shall be carried on by the
refuse collector with a minimum of discomfort to property owners and
residents.
Refuse collectors shall remedy any and all missed or improper
service within 24 hours, excepting Sundays.
A.
All vehicles used to collect, haul or transport refuse and garbage
shall be of metal or other impervious material, shall be constructed
and maintained to prevent refuse and garbage from accumulating in
or on the body, shall be capable of being completely emptied and shall
be kept in a clean and sanitary condition.
B.
Any vehicle used to collect, haul or transport refuse and garbage
shall be of such design and construction so as to prevent escape of
refuse, garbage or recyclables or other contents, and such preventative
design shall be implemented at all times during the hauling or transportation
of refuse and garbage.
C.
All vehicles used by any refuse collector shall display the name
of the collector and vehicle number clearly printed and readily visible
on each side of the vehicle, as well as display any Town-of-Carmel-issued
inspection/license stickers as have been issued by the Town of Carmel,
in a conspicuous location designated by the Town of Carmel.
D.
All vehicles used to collect, haul or transport refuse and garbage
shall be subject to inspection by the Town of Carmel.
A.
Except as otherwise provided herein, it shall be unlawful for any
person to operate, engage in, conduct or cause the operation of a
business engaged in the collection and disposal of refuse and garbage
in the Town of Carmel without first having obtained a license from
the Town Board as well as any permits or approvals required by state
and county agencies having jurisdiction, or to use in such collection
of refuse and garbage any vehicle other than one approved in such
license.
B.
Nothing provided herein shall prohibit the actual producers of refuse
and garbage, or the owners of premises upon which refuse and garbage
has accumulated, from personally collecting, conveying and disposing
of such refuse and garbage without the license provided herein, provided
that it is done in compliance with all other relevant provisions of
this article.
C.
A copy of the current license must be kept in all vehicles used for
the collection and disposal of garbage and refuse for any person or
corporation licensed under this article.
A.
Every person who desires to collect or engage in the business of
collecting refuse and garbage within the Town of Carmel shall file
a written, certified application for a license in form and content
as approved by the Town Board of the Town of Carmel.
B.
Before a license may be issued by the Town Board, each applicant
shall file satisfactory proof of the following insurance coverage:
(1)
Worker's compensation insurance.
(2)
Disability benefits insurance.
(3)
Public liability insurance with minimum limits of $1,000,000 per
occurrence for bodily injury and $100,000 per occurrence for property
damage.
(4)
Automobile liability insurance with minimum limits of $500,000 per
person and $1,000,000 per accident for bodily injury and $50,000 for
property damage.
If the Town Board shall find from the statements contained in
the application and after investigation of other relevant factors
that the applicant is qualified and able to conduct the business of
collection of refuse and garbage and conforms to the provisions of
this article and any other applicable rules and regulations of the
Town of Carmel, and if it appears that the issuance of a license is
in the public interest, then the Town Board shall issue a license
stating the name and address of the applicant, the number of collection
vehicles the applicant is authorized to operate, the date of the issuance
thereof and the effective date of the license.
Each application for a license or license renewal shall be accompanied
by a nonrefundable annual fee, which license fee shall be established
annually by the Town Board and shall be on file with the Office of
the Clerk.
[Amended 9-21-2011 by L.L. No. 6-2011]
A.
All licenses issued hereunder shall be for a term of the calendar year, commencing January 1 and concluding December 31 of each year. All licenses shall, unless properly renewed, expire on December 31 of each year of issuance. In seeking a license renewal, the licensee shall submit an application pursuant to § 95-28 and appropriate fees pursuant to § 95-29 herein. Upon the enactment of this provision, any license fees previously paid by an applicant for existing licensed issued hereunder shall be prorated and/or credited toward any renewal and/or new application fees due from applicant.
B.
In seeking renewal of a license issued pursuant to this chapter, the applicant shall submit a completed application pursuant to § 95-28, together with the applicable fee(s) no later than November 15 of each year. The submission of a completed application and fees pursuant to this section shall be deemed compliance with the licensing provisions of this chapter and shall be deemed a valid current license in the absence of any action to the contrary by the Town Board of the Town of Carmel.
D.
Any new
license applications submitted and received subsequent to January
1 shall, upon approval of the Carmel Town Board, be valid from the
date of approval until December 31. License fees shall not be reduced
for any application submitted after January 1, notwithstanding the
fact that the license term may be for a period of less than one year.
Every person or entity licensed pursuant to this article shall,
in addition to all other requirements set forth within this article,
provide the following services with respect to residential refuse
and garbage collection within the Town of Carmel:
A.
Provide recyclable item pickup for items as defined in Article II of this chapter for residential customers at a minimum interval of one time per week.
B.
Provide curbside bulk pickup for residents' households at a
minimum interval of two times per year, subject to the following:
(1)
Curbside bulk pickup applies to household items only and must be
at the curb by the night before the scheduled pickup;
(2)
The curbside bulk pickup requirement is limited to three cubic yards
per household per pickup. Any amount in excess of three cubic yards
per pickup shall be governed by private agreement between the hauler
and the property owner and/or occupant.
(3)
The following items are not included for curbside bulk pickup: paint,
chemicals, liquids, stumps, trees, masonry, lumber, logs, brick, used
oil, batteries, stone, tires, propane tanks, construction, renovation
or remodeling debris, including kitchens, baths, decks and windows,
as well as hazardous waste as defined herein.
(4)
The refuse collector shall not be responsible for curbside bulk pickup
of refrigerators, freezers, air conditioners, etc., unless same have
been decharged and certified by an individual or entity licensed accordingly
by the State of New York.
C.
Provide discarded Christmas tree pickup during the week of January
7 through January 14 each year. This provision shall not apply to
artificial Christmas trees.
D.
Establish and maintain its periodic and/or unit-cost rates for household
garbage and refuse pickup in accordance with and not exceeding the
periodic and/or unit cost rates set by the Town Board of the Town
of Carmel by resolution annually, subject to the following:
(1)
For once-per-week collection the rate established by the Town Board
shall include pickup of 96 gallons of refuse/garbage in quantity or
less, collected at curbside.
(2)
For twice-per-week collection the rate established by the Town Board
shall include pickup of the aggregate of 192 gallons of refuse/garbage
in quantity or less, collected at curbside.
E.
Any person or entity licensed pursuant to this article may provide
collection containers to any residential customer at no additional
charge.
F.
Any person or entity licensed pursuant to this article may provide services in excess of those set forth in Subsection E above at an agreed-upon cost with the residential customer, including but not limited to excess volume of garbage and refuse, or bulk pickup, increased frequency of collection, driveway service, etc.
G.
Licensees shall provide a ten-percent discount to all residential
customers 65 years of age or older.
No license issued hereunder shall be assigned, sold or transferred.
A.
Every licensee shall keep complete and accurate books of account
with respect to the operation of his business in which shall be entered
and which shall show, among other things, a current schedule of fees
charged to customers, all income derived or received from each of
his customers and all other sources, together with details of all
expenses and disbursements made or incurred in the operation of his
business in the Town of Carmel. Such books of account shall be kept
current on a monthly or quarterly basis and brought up to date not
later than 30 days after the expiration of such period. All such records
shall be retained by the licensee for at least three years.
B.
The Town of Carmel shall have the right to inspect such books of
account and records maintained by the licensee.
C.
Every licensee shall provide the Town of Carmel with a financial
statement for the preceding calendar year which shall be certified
by an accountant and which shall include the licensee's total
income derived from customers in the Town of Carmel, the number of
said customers, the sources of revenue relative to the Town of Carmel,
together with the details of all expenses and disbursements made or
incurred by the licensee in the operation of the licensee's business
in the Town of Carmel. Said financial statement shall be filed with
the Town Clerk within 90 days following each calendar year.
A.
Any license issued under the provisions of this article may be suspended
by the Town Board for a period not exceeding 30 days, or the Town
Board may revoke such license, where one or more of the following
situations is found to exist:
(1)
That the licensee has failed to reasonably fulfill his obligations
as a private refuse collector to a customer.
(2)
That the licensee is insolvent or has made a general assignment for
the benefit of creditors or has been adjudged as bankrupt or a money
judgment has been secured against him upon which an execution has
been returned wholly or partly unsatisfied.
(3)
That a licensee has failed to keep and maintain records or has refused
to allow the inspection thereof as provided herein.
(4)
That a licensee has violated any of the provisions of this article.
(5)
That a licensee has ceased to operate as a private refuse collector
within the Town of Carmel.
B.
No such suspension shall be sustained nor any license be revoked
except after a hearing by the Town Board upon at least 10 days'
written notice thereof to such licensee.
The Town Board of the Town of Carmel may adopt such further
rules and regulations as it may deem necessary or expedient in the
implementation and administration of this article.
A.
Any person committing an offense against this article shall be guilty
of a violation punishable by a fine not exceeding $500 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment.
B.
Each day an offense against this article shall continue to exist
shall constitute a separate offense.
C.
In addition to the above-provided penalties, the Town of Carmel may
also maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction any violation
of this article.
D.
This article and its provisions shall be enforced by the Police Department
of the Town of Carmel.
This article shall take effect immediately.
