[HISTORY: Adopted by the Town Board of the Town of Clarkstown as indicated in article histories. Amendments noted where applicable.]
Article I Collection Businesses
Article II User Fees
[Adopted11-13-1986 by L.L. No. 3-1986 (Ch. 50 of the 1974 Code); amended in its entirety12-31-1990 by L.L. No. 10-1990]
The great influx of people into the Town of Clarkstown has resulted in the solid waste collection industry's becoming an important factor in the community. Proper collection results in the preservation of the appearance of the municipality and the prevention of health hazards. Also, the convenience and well-being of the citizenry is affected by proper regulation of the industry.
The Town Board, on January 10, 1966, appointed a Citizen's Committee to investigate all phases of the industry in the Town. On July 6, 1967, the Citizen's Committee reported its findings to the Town Board. Thereafter, by local law, this article of the Town Code was enacted and subsequently amended in 1971, 1974 and 1976 to conform to the changing needs of the community. It is the intention of the Town Board, in readopting this article with amendments, to conform the regulation of the solid waste collection industry to the present needs of the community in the local law entitled "Solid Waste Transportation and Disposal."
Editor's Note: See Ch. 248.
It is the intention of the Town Board, by adopting this article and amending it from time to time as the need arises, to maintain prompt, efficient, clean and courteous service by the solid waste collection industry.
For the purpose of this article, the terms used herein are defined as follows:
- ACCEPTABLE SOLID WASTE
- All residential, commercial and industrial solid waste as defined in New York State law and regulations, including construction and demolition debris. Acceptable waste shall not include hazardous waste, pathological waste or sludge.
- CONSTRUCTION AND DEMOLITION DEBRIS
- Uncontaminated solid waste resulting from the construction, remodeling, repair and demolition of structures and roads and uncontaminated solid waste consisting of vegetation resulting from land clearing and grubbing, utility line maintenance and seasonal and storm-related cleanup. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement, electrical wiring and components containing no hazardous liquids, metals, brush and grass clippings and leaves that are incidental to any of the above.
- Any container within the Town used to store acceptable waste
pending removal, transportation and disposal, including but not limited
to a pail, barrel, drum, plastic bag, compactor box or roll off.[Added6-23-1992 by L.L. No. 5-1992]
- ENGAGE IN SOLID WASTE COLLECTION BUSINESS
- Solicitation, correspondence, contracting or furnishing of containers, vehicles, machinery, appliances, materials and other items used for the purpose of collecting, removing or transporting of acceptable solid waste or the removal of the same.
- Lawn clippings, grass and weeds, except tree branches, tree
limbs, stumps and yard trimmings.[Amended 10-19-2010 by L.L. No. 5-2010]
- HAZARDOUS WASTE
- All solid waste designated as such under the Environmental Conservation Law, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976 or any other applicable law.
- LICENSED HOME IMPROVEMENT CONTRACTOR
- Any person or business which has a valid license issued pursuant
to Chapter 286 of the Laws of Rockland County and any amendments thereto.[Added5-11-1999 by L.L. No. 1-1999]
- PATHOLOGICAL WASTE
- Waste material which may be considered infectious or biohazardous, originating from hospitals, public or private medical clinics, departments or research laboratories, pharmaceutical industries, blood banks, forensic medical departments, mortuaries, veterinary facilities and other similar facilities, and includes equipment, instruments, utensils, fomites, laboratory waste (including pathological specimens and fomites attendant thereto), surgical facilities, equipment, bedding and utensils (including pathological specimens and disposal fomites attendant thereto), sharps (hypodermic needles, syringes, etc.), dialysis unit waste, animal carcasses, offal and body parts, biological materials, (vaccines, medicines, etc.) and other similar materials, but does not include any such waste material which is determined by evidence satisfactory to the Town to have been rendered noninfectious and nonbiohazardous.
- All materials required to be source-separated from the waste stream pursuant to Chapter 226, Recycling, of the Clarkstown Town Code which are listed in § 226-4 of the Code or otherwise designated pursuant thereto by resolution of the Town Board.[Added6-23-1992 by L.L. No. 5-1992]
- Solid, semisolid or liquid waste generated from a sewage treatment plant, wastewater treatment plant, water supply treatment plant or air pollution control facility.
- UNACCEPTABLE WASTE
- Hazardous waste, pathological waste and sludge.[Added6-23-1992 by L.L. No. 5-1992]
[Amended5-11-1999 by L.L. No. 1-1999]
No person shall engage in the solid waste collection business in the Town of Clarkstown without first obtaining from the Sanitation Commission a license to carry on such business in the unincorporated portion of the Town and obtaining and displaying at all times in each vehicle used in such business an identification card issued by the Commission.
Persons engaged exclusively in landscaping or groundskeeping who haul grass and other yard waste, including tree branches, limbs and stumps, for disposal at composting facilities shall not be required to obtain a license to transport such materials, provided that the hauling is incidental to carrying on such business.
Persons who are licensed home improvement contractors and who transport construction and demolition debris for disposal at permitted facilities, in vehicles owned and operated by the contractor, not exceeding 13 tons gross maximum weight, shall not be required to obtain a license under this chapter, provided that the activity is incidental to the contractor's business. Persons who engage exclusively in the business of the removal of construction and demolition debris or the demolition of buildings and other structures shall not be exempt from the requirement for licensing under this chapter even though such person may be a licensed home improvement contractor.
[Amended12-14-2004 by L.L. No. 6-2004; 10-17-2006 by L.L. No. 12-2006; 10-19-2010 by L.L. No. 5-2010]
The initial fee which shall be paid upon the filing of an application for a license to engage in the solid waste collection business in the Town of Clarkstown, the fee per vehicle of a licensed business, the fee for the renewal of a license and the security deposit required to accompany an application shall be part of the Town’s fee schedule, which is adopted and amended from time to time by the Town Board. In addition, the applicant shall pay the actual cost of the stenographic services, including preparation of the transcript, for any public hearing held on such application. The fees so paid shall satisfy the license fee for the balance of the calendar year during which such license is issued.
The Sanitation Commission is hereby authorized, under the Corporate Seal of the Town of Clarkstown, to grant licenses to businesses and to require identification cards for vehicles and all operators engaged in the solid waste collection business within the unincorporated part of the Town of Clarkstown.
All applications for licenses and identification cards shall be made by the applicant to the Town Clerk on forms to be provided by the Sanitation Commission. Such applications shall be made under oath and shall set forth the name, business and residence address of the business entity and the name and address of the applicant; the names and residence addresses of the officers and stockholders, if a corporation, or of the partners, if the applicant is a partnership; whether the applicant or any partner, stockholder or corporate officer has been convicted of a misdemeanor or felony; a statement of the ownership interest by said applicant, stockholder, officer or partner in the business of the applicant or in any other solid waste collection business; a statement of the number, type and kinds of vehicles to be used or operated by the applicant, including their unladen weights and capacity, trade name, body type, serial and motor numbers and state registration number; the kind of service the applicant desires to perform in the Town; and such other information as may be required by the Sanitation Commission. Supplementary applications shall be verified by the applicant or, if a partnership, by one of the partners or, if a corporation, by one of its officers.
Each applicant or partner, director, corporate officer or shareholder having a 20% interest or greater of a corporation, or any director, officer or 20% or greater shareholder of any corporation which has any interest in any corporate applicant, shall have a fingerprint impression of the fingers and thumbs of both hands taken by an authorized law enforcement agency on forms provided by the Police Department of the Town of Clarkstown. The Police Department shall be authorized to forward the applicant's fingerprints to the New York State Division of Criminal Justice Services for a criminal convictions investigation prior to the issuance of said license.
[Amended5-11-1999 by L.L. No. 1-1999]
The application form must be endorsed, in writing, by the Chief of Police of the Town, certifying to the accuracy of the applicant's statements setting forth the applicant's past criminal record and criminal associations, if any, and to the completeness of such statements.
Within 15 days of the occurrence of any change in the facts stated in any application, the applicant shall report the same in a supplementary application to the Sanitation Commission. If additional vehicles are used in such business, an additional fee shall be paid for such additional vehicle. No changes shall be made on any license or identification card unless made by the Sanitation Commission.
No license shall be renewed unless the licensee is actively engaged in the solid waste collection business within the Town of Clarkstown.
Editor's Note: Former § 149-6, Delivery, was repealed 5-11-1999 by L.L. No. 1-1999. This former section was rendered moot and unenforceable by the decision of the U.S. Supreme Court in C & A Carbone v. Town of Clarkstown 511 U.S. § 383; 114 S. Ct. 1677.
[Amended 9-11-1991 by L.L. No. 6-1991; 10-19-2010 by L.L. No. 5-2010; 8-15-2017 by L.L. No. 8-2017]
Each applicant for a license shall agree, in writing, to indemnify and save harmless the Town of Clarkstown from any and all claims for bodily injury or property damage arising out of the operation, ownership and maintenance of any vehicle used by the applicant in the Town and provide the Sanitation Commission evidence, in the form of a certificate of insurance, that a policy of liability insurance is in full force and effect with minimum limits of coverage for bodily injury and property damage equal to $1,000,000 per occurrence, combined single-limit bodily injury and property damage, and $2,000,000 general aggregate and/or products completed, operations aggregate, commercial auto liability insurance covering the use of all owned, nonowned, and hired vehicles with combined bodily injury and property damage limit of at least $1,000,000; along with an umbrella liability policy equal to $1,000,000 each occurrence and $2,000,000 aggregate. The umbrella must be excess over the general liability, automobile and employers' liability. The general and umbrella polices must name the Town of Clarkstown as an additional insured on a primary and noncontributory basis. Each applicant shall also file with the Sanitation Commission evidence, in the form of a certificate of insurance, that the statutory workers' compensation and disability insurance has been obtained by the licensee for all employees engaged in the collection of solid waste in the Town of Clarkstown. The form of said certificates of insurance shall be as approved by the Town Attorney.
All licenses issued under this article shall be granted for a term to end on the 31st day of December following the date of issuance.
Except as herein otherwise provided, any person having been duly granted a license and identification card in any previous year may obtain a renewal of the same for the succeeding year upon payment of a renewal fee of the same amount as required for the original issue, filing the insurance certificates required herein and upon a sworn statement to the Sanitation Commission that there has been no change in the original application or any subsequent supplementary application. The renewal application must contain the written endorsement of the Chief of Police, certifying to the accuracy of the applicant's statements setting forth the applicant's past criminal record and criminal associations, if any, and to the completeness of such statements. Application for renewal licenses shall be made on or before November 1 of each year. Failure to file a renewal application and pay the proper fees therefor by November 1 shall require that the application be filed and processed pursuant to § 149-5 of this chapter.
A license may be refused or revoked if the applicant or any partner, stockholder or corporate officer shall have been convicted of a felony or a misdemeanor, by which, upon investigation by the Sanitation Commission, it is determined that the applicant is unfit or undesirable to carry on the trade or work in the occupation regulated herein. The Sanitation Commission may also revoke or refuse a license for cause when it finds that the applicant or licensee, in its judgment, shall be unfit, undesirable or incapable of conducting the trade or business regulated herein or has failed to comply with the provisions of this chapter or other applicable laws, rules or regulations. Failure to actively engage in the solid waste collection business in the Town of Clarkstown for a period of six months shall be grounds for revocation of a license. The granting, refusal or revocation of a license by the Sanitation Commission shall be subject to judicial review as provided by law. Failure to comply with the provisions of this chapter may be considered grounds for revocation of a license.
The licensee shall comply with the following regulations:
A licensee shall not furnish services to any commercial or private consumer except between 5:30 a.m. and 3:00 p.m. and not at any time on Sundays or public holidays established by the Town Board by resolution.
Hours of required operation may be established by rule of the Sanitation Commission. A licensee shall not be required to furnish services on Saturdays.
An identification card in the form prescribed by the Sanitation Commission shall be carried in each vehicle used by a licensee and by every person operating or riding in such vehicle and shall be exhibited on demand to a member of the public, any police officer or a member of the Sanitation Commission.
All licensees and employees shall render efficient, reliable, quiet and courteous service at all times.
The licensee shall not arbitrarily discontinue service to any commercial consumer. In the event that any commercial consumer fails to pay for the services rendered for a period of three consecutive months, it shall not be deemed arbitrary if service is discontinued by the licensee 15 days after notice of discontinuance, in writing, has been given to such consumer, by certified mail, return receipt requested, with a copy, by ordinary mail, to such Sanitation Commission. For good cause, the Sanitation Commission may order the restoration of such service.
The licensee shall make a minimum of two collections per week for each residential consumer.
The licensee shall not refuse collection on the grounds that there is no separation of materials, except for recyclables pursuant to Chapter 226 of the Clarkstown Town Code.
The licensee shall cause any solid waste or anything else being transported which is dropped or scattered by the licensee or employees or agents to be picked up and removed.
The licensee shall not unreasonably interfere with the passage of vehicles using the roads during collection times.
The licensee shall make pickups at all resident locations, provided that containers are at the exterior of the building and no further than approximately 125 feet from the curb. No residential customer shall be required to place containers along the curb for pickups, except in an emergency declared by the Supervisor of the Town of Clarkstown or by resolution of the Town Board. This section shall not apply to recyclables pursuant to Chapter 226 of the Clarkstown Town Code.
[Amended 10-19-2010 by L.L. No. 5-2010]
The licensee shall not be required to pick up at such times when the Clarkstown solid waste facility situate at Route 303, West Nyack, New York, is closed.
The licensee shall provide its commercial consumers with a statement of services available and current monthly charges at least once annually and submit proof of compliance with the same to the Sanitation Commission and shall provide bills at least once every quarter, unless the Sanitation Commission directs otherwise.
[Amended6-23-1992 by L.L. No. 5-1992; 10-19-2010 by L.L. No. 5-2010]
The residential consumer in all one-, two- or three-family residences shall provide no fewer than one thirty-two-gallon capacity covered metal or one forty-eight-gallon covered plastic container for the temporary storage of acceptable waste. The maximum number of containers required to be emptied by the licensee for each such dwelling unit shall be established by resolution of the Town Board. All other consumers, whether residential or commercial, shall provide a container or containers of sufficient quantity and size so that all acceptable waste stored for pickup shall be held within such container or containers, covered from the elements and otherwise secured to prevent the release of litter, the entry of insect infestation or vermin. Consumers are required to properly stow away and secure the containers after collection to prevent traffic hazards or unsightly or unsanitary conditions. Unqualified, improperly placed or untimely bulk refuse is prohibited.
All acceptable waste shall be stored for collection in covered containers or in secure plastic bags approved for such use. Residential consumers shall at all times, and particularly during inclement weather, provide a safe walkway for the licensee to have access to the containers. A licensee shall not be required to remove acceptable waste if safe access is not provided.
All containers used for the temporary storage, removal, transportation and disposal of acceptable waste shall bear an official identification decal issued by the Town, or where no official identification decal is required by the Town, then such containers must display the name, address and telephone number of the owner, lessee or user of the container in three-inch block lettering and shall be serially numbered. When a container over 30 gallons’ capacity is owned or transported by a licensee, the container shall also display the licensee’s license number.
The Sanitation Commission may, by order, rule or regulation, after a public hearing, require that all establishments within the unincorporated portion of the Town of Clarkstown selling containers which may be used to store solid waste post in a prominent place notice of the type, size and quantity of containers approved for use in the unincorporated portion of the Town of Clarkstown.
A license shall not be assignable. Any licensee who allows a license to be used by any other person and any person who uses such a license granted to another licensee as purported authority to provide services licensed pursuant to this chapter shall, in addition to any other penalties provided by law, be guilty of a misdemeanor.
All vehicles used by licensees shall be inspected and approved by the Rockland County Health Department. The inspection certificate signed by a Sanitary Inspector shall be exhibited upon demand to the Sanitation Commission or its agent. The vehicle shall be so constructed and covered as to prevent the spillage of the contents during transportation. Any transported solid waste or other material falling to the streets or roads in the Town shall be immediately retrieved and removed.
The licensee shall keep all vehicles in good repair, clean, sanitary and neatly painted. A vehicle shall be presumed clean if it can be established that it has been cleaned and disinfected not more than one week prior to the date of its inspection. The licensee shall maintain records for all repairs, servicing and cleaning of its vehicles and permit the same to be inspected upon demand by the Sanitation Commission or its agent.
All vehicles used by the licensee in the Town of Clarkstown shall display permanent lettering identifying the name of the licensee, the Clarkstown license number and load capacity. The Sanitation Commission may prescribe the size and location of such lettering. Licensees may use temporary vehicles, provided that a permit issued by the Secretary to the Sanitation Commission is displayed therein. Such permits shall be issued upon application forms prescribed by the Sanitation Commission for a period of not more than 10 days upon payment of a permit fee of $10. Such permits may be renewable upon further application and payment of an additional permit fee.
[Amended3-14-1995 by L.L. No. 1-1995]
The Department of Environmental Control is hereby declared to be agent of the Sanitation Commission for the purpose of enforcing this section, in addition to any other agents the Commission may designate.
All violations of this section shall be reported, in writing, to the Sanitation Commission.
[Amended 1-23-1996 by L.L. No. 3-1996]
The Town Board is hereby authorized and empowered to create a Sanitation Commission, which shall consist of seven members. The present Sanitation Commission members shall continue as members for the balance of their terms. The members of the Sanitation Commission shall be appointed by the Town Board, and the Town Board shall designate one member to act as Chairman for a one-year term. The Town Board may provide for compensation to be paid to said members, experts, clerks and a secretary and provide for such other expenses as may be necessary and proper, not exceeding, in all, the appropriations that may be made by the Town Board for such Sanitation Commission. The Town Board is hereby authorized to make such appropriation as it may see fit for such expenses; however, such shall be a charge upon the taxable property of that part of the Town outside of incorporated villages. Of the members first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years, one for the term of six years and one for the term of seven years from and after his appointment. Their successors shall be appointed for the terms of five years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of a term, it shall be filled by the Town Board by appointment for the unexpired term. The members of the Sanitation Commission shall serve at the pleasure of the Town Board. Meetings of the Sanitation Commission shall be held at such times at the call of the Chairman. Four members of such Commission shall constitute a quorum for the transaction of business. All meetings of such Commission shall be open to the public, and the Commission shall keep minutes of its proceedings, showing the vote of each member upon any question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and official actions. Every rule or regulation, every amendment or repeal thereof and every requirement, decision or determination of the Commission shall immediately be filed in the office of the Town Clerk and shall be a public record.
The Sanitation Commission shall have the following powers in order to further the purposes of this article:
To investigate all alleged violations of this chapter and any complaints reported by consumers or licensees.
To take sworn testimony concerning alleged violations of this chapter and any complaints, by consumers, licensees or members of the public, concerning the solid waste collection business in the Town of Clarkstown.
To hold public hearings on notice required by § 130 of the Town Law, together with written notice, by regular mail, to the licensee or licensee likely to be affected by any proposed Sanitation Commission action.
To issue subpoenas for testimony of individuals and for the production of books and records with respect to any matter which may come before the Sanitation Commission.
[Added 5-11-1999 by L.L. No. 1-1999]
Editor's Note: This local law also provided for the redesignation of former Subsection D as Subsection E.
All other powers necessary, incidental or implied to carry out the purposes and proper function of this article.
[Amended 7-22-2008 by L.L. No. 7-2008; 10-19-2010 by L.L. No. 5-2010]
Except as otherwise provided, any solid waste collection business licensee or unlicensed collection business committing an offense against any provision of this article shall be guilty of a violation punishable by a fine as follows: for the first offense, any person found guilty of a violation of this chapter shall be punished by a fine of up to $2,500; for the second offense, any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000; for the third offense, any person found guilty of a third offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $7,500 and not more than $10,000; and for the fourth or subsequent offenses, any person found guilty of a fourth or subsequent offense of any provision of this chapter within 18 months of the date of the third conviction shall be punished by a fine of not less than $10,000 and not more than $15,000. A consumer committing an offense against any provision of this article shall be guilty of a violation punishable by a fine of not more than $2,500. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Amended 4-9-2013 by L.L. No. 2-2013]
Any person, firm or corporation who knowingly gives false information upon any application for a license or renewal thereof or who conceals any conviction of a misdemeanor or a felony by an individual, partner, stockholder or corporate officer or who allows another person to use the license issued to him or it or who refuses to comply with the regulations of § 149-10 herein shall suffer revocation of its license in addition to any other penalties provided by law.
Before any act stated herein to be grounds for revocation of a license shall result in such revocation, the Sanitation Commission shall provide due notice to the affected licensee and the opportunity of a public hearing. The Sanitation Commission may suspend or fine a licensee up to $1,000 in lieu of revocation when it appears that such suspension or fine may serve the ends of justice.
In addition to the powers of the Sanitation Commission and any other available enforcement options at law, the provisions of this chapter shall be enforced by the Director of the Department of Environmental Control, his designees and code enforcement officials of the Town of Clarkstown through Justice Court adjudication and prosecution.
[Amended 9-11-1991 by L.L. No. 6-1991]
Nothing in this chapter shall be construed to supersede the minimum standards contained in the State Sanitary Code and the Rockland County Sanitary Code, which shall govern when and where any provisions of this chapter are found to be inconsistent with said standards.
Nothing contained in this chapter shall be construed or interpreted to make the Town of Clarkstown a party to any contract for services provided by any licensee to any consumer.
[Adopted11-26-1991 by L.L. No. 12-1991]
The Town Board of the Town of Clarkstown has established solid waste user fees pursuant to Res. No. 150 of 1991 to provide for the collection and disposal of household garbage and refuse originating from all parcels improved with residential buildings containing three dwelling units or less situated within the unincorporated area of the Town of Clarkstown.
The Town Board hereby determines that the user fee for said services shall be billed as a separate item to the property owners receiving such service on an annual basis at the same time as other Town charges, which may be payable in two installments due on or before January 15 and July 15 of each year, and such user fees shall appear on the annual state, county and Town tax bill.
[Amended 10-19-2010 by L.L. No. 5-2010]
The user fees shall be established on a per-unit, per-month, per-parcel basis by the Tax Assessor of the Town of Clarkstown; provided, however, that for one occasion special decals may be obtained from the Town of Clarkstown which will provide for the collection of additional garbage which shall be placed in disposable thirty-two-gallon bags at a cost of $5 per decal, per bag; provided further, however, that all residential units shown on the Clarkstown tax assessment rolls which receive the tax exemption because one or more owners is over the age of 65 years, as provided for by Local Law No. 7-1990 of the Town of Clarkstown, as amended from time to time, shall be charged the following user fee for household garbage and refuse collection service: one thirty-two-gallon can: $10 per unit, per month, per parcel, in the residential unit in which the over sixty-five-year-old person resides, and who qualifies for an exemption as provided by Local Law No. 7-1990 of the Town of Clarkstown, as amended from time to time.