[HISTORY: Adopted by the Town Board of the
Town of Clarkstown as indicated in article histories. Amendments noted
where applicable.]
[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]
A.
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.
B.
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."[1]
[1]
Editor's Note: See Ch. 248.
C.
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:
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.
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]
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]
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.
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]
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.
Solid, semisolid or liquid waste generated from a sewage
treatment plant, wastewater treatment plant, water supply treatment
plant or air pollution control facility.
Hazardous waste, pathological waste and sludge.
[Added6-23-1992 by L.L. No. 5-1992]
[Amended5-11-1999 by L.L. No. 1-1999]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, as amended, which pertained
to fingerprinting of 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, was repealed 6-21-2022 by L.L. No. 8-2022.
E.
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.
F.
No license shall be renewed unless the licensee is
actively engaged in the solid waste collection business within the
Town of Clarkstown.
[1]
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; 3-26-2019 by L.L. No. 5-2019]
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 $2,000,000
each occurrence. All insurance carriers must be authorized to do business
in the State of New York and have a Moody's A rating or higher. The
umbrella must be excess over the general liability, automobile and
employers liability. The general and umbrella policies 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.
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.
B.
Hours of required operation may be established by
rule of the Sanitation Commission. A licensee shall not be required
to furnish services on Saturdays.
C.
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.
D.
All licensees and employees shall render efficient,
reliable, quiet and courteous service at all times.
E.
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.
F.
The licensee shall make a minimum of two collections
per week for each residential consumer.
G.
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.
H.
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.
I.
The licensee shall not unreasonably interfere with
the passage of vehicles using the roads during collection times.
J.
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]
K.
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.
L.
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]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
[Amended 3-14-1995 by L.L. No. 1-1995]
D.
The Department of Engineering and Facilities Management
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.
[Amended 12-13-2018 by L.L. No. 9-2018]
E.
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:
A.
To investigate all alleged violations of this chapter
and any complaints reported by consumers or licensees.
B.
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.
C.
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.
D.
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[1]]
[1]
Editor's Note: This local law also provided
for the redesignation of former Subsection D as Subsection E.
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]
A.
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]
B.
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.
C.
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.
D.
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 Engineering and Facilities
Management, his designees and code enforcement officials of the Town
of Clarkstown through Justice Court adjudication and prosecution.
[Amended 12-13-2018 by L.L. No. 9-2018]
[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[1] 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.
