A clean, wholesome, attractive environment and
safe roadways are declared to be of importance to the health and safety
of the inhabitants of the Town of Colonie. To this end, pursuant to
the New York State Municipal Home Rule Law, Town Law and Environmental
Conservation Law, the Town of Colonie deems it appropriate to regulate
the collection of solid waste. The Town recognizes the importance
of identifying the different solid wastes generated in the Town, where
such solid wastes are generated, how they are transported, where they
are disposed of and what percentage thereof are recycled for reuse.
It is in the public interest to create a solid waste management plan,
which plan relies upon accurate information as a basis. Further, the
health, safety and welfare of the public is promoted by identifying
uninspected and uninsured solid waste collection vehicles, their routes
and their methods of operation. Lastly, recycling of discarded solid
waste is a concept to be promoted. Yet, without a method of measurement,
recycling goals and achievements may be under or overstated. This
article seeks to address all of the aforementioned issues while generally
promoting a safe and wholesome environment for all.
Any person, firm or corporation engaged in the
business of refuse removal within the Town of Colonie and any person,
firm or corporation operating within the Town of Colonie who removes
solid waste, including, but not limited to recyclable materials, garbage,
refuse, demolition materials, bricks, concrete, blacktop, plastics,
glass, office paper, cardboard, metals, newspapers, carpeting, junk
construction materials, plumbing materials or fixtures, trees, tree
stumps, tree trimmings and junk as part of such business activity
must first obtain a license therefor from the Town Clerk.
[Amended 11-7-2002 by L.L. No. 19-2002]
The biennial license shall be issued on the
basis of the calendar year and shall expire on the 31st day of December
of the second year of issue and must be renewed on or before the first
day of January of that year. No license shall be issued prior to the
submittal and approval of a complete application form for same.
[Amended 11-7-2002 by L.L. No. 19-2002]
A fee for such license shall be charged for
each biennial or portion of each biennial to which said license applies.
Each such license shall entitle the holder thereof to operate and
maintain one motor vehicle or truck in the business of solid waste
collection, and an additional biennial fee shall be charged to each
licensee for each additional motor vehicle operated and maintained
in such business. All such fees shall be established by the Town Board,
by resolution, and amended from time to time.[1]
[1]
Editor's Note: The current fee resolution
is on file in the office of the Town Clerk, where it may be examined
during regular office hours.
[Amended 11-20-1997 by L.L. No. 9-1997]
The application form for a solid waste collection
license shall provide the following:
A.
The name and address of the applicant and, in the
case of any corporation or partnership, the names and addresses of
each officer and director or of each partner composing such partnership
thereof.
B.
The name, address and telephone number, both day and
evening, of the applicant or person in charge of the business.
C.
The number of collection vehicles to be operated by
the applicant and a description of each such vehicle, including the
ownership of the vehicle, the make, year, model of chassis and body
type, the cubic capacity or tare weight and color of the vehicle,
proof of current insurance coverage and the current New York State
registration and inspection numbers and the municipality or municipalities
in which the vehicle will operate.
D.
The type and quantity of solid waste the applicant
collected in the geographic bounds of the Town of Colonie during the
six preceding months.
E.
A statement indicating that the applicant is operating
in compliance with all statutes, rules and regulations of the New
York State Environmental Conservation Law and, if applicable, pursuant
to a permit(s) issued by the New York State Department of Environmental
Conservation.
F.
Listing of all facilities, including recycling facilities
accepting solid waste collected by the applicant.
G.
Any other relevant information the Town Clerk or Environmental
Services Division Director may require.
Any person, firm or corporation issued a license
pursuant to this article shall transport all recyclable material to
an approved recycling facility. "Recyclable materials," for purposes
of this section, shall be defined as any material accepted at the
Town of Colonie Material Recycling Facility, and approval of recycling
facilities shall be the responsibility of the Director of Environmental
Services. Approvals shall not be unreasonably withheld and shall be
pursuant to the rules and regulations promulgated hereunder.
A.
It shall be a violation, punishable as provided in Subsection B of this section, for any person, firm or corporation to:
(1)
Fail to obtain a license for solid waste removal as
provided for in this article.
(2)
Fail to file an annual copy of his or her routes as
provided in this article.
(3)
Furnish any false or misleading information in connection
with any provision under this article or any rules or regulations
promulgated thereunder.
(4)
Fail to comply with any provisions of this article
or any rules and regulations promulgated thereunder.
B.
Any person, firm or corporation committing an offense
against this article or any rule or regulation promulgated thereunder
shall be guilty of violation and shall be subject to the following
penalties:
(1)
For a first offense, a mandatory fine not to exceed
$500 and a discretionary suspension or revocation of any license,
permit or privileges granted under this article or any rules or regulations
promulgated thereunder.
(2)
For a second offense, a mandatory suspension for a
minimum of 30 days of a license, permit or privileges granted under
this article or any rules or regulations promulgated thereunder and
a discretionary fine not to exceed $1,000.
(3)
For a third offense, a mandatory revocation for a
minimum of one year of all licenses, permits or privileges granted
under this article or any rules or regulations promulgated thereunder
and a discretionary fine not to exceed $2,500.
C.
In the event of a continuing offense of any section
or provision of this article or rule or regulation promulgated thereunder,
each day such offense shall continue shall be a separate violation
and subject to a separate penalty.
E.
Where an offense of this article or rules or regulations
promulgated thereunder causes expense to the Town, such offense may
also be punished by a civil suit against the offender, brought by
the Town Attorney of the Town of Colonie, in the name of the Town,
in a court of competent jurisdiction to recover such additional cost.
[Amended 11-20-1997 by L.L. No. 9-1997]
The enforcement of this article and any rules
and regulations promulgated thereunder will be the responsibility
of the Town of Colonie Police Department, Department of Public Works
and such other persons as may be, from time to time, authorized by
the Town Board of the Town of Colonie.
If any clause, sentence or provision of this
chapter or the application thereof to any person or circumstance shall
be adjudged by a court of competent jurisdiction to be invalid, the
invalidity thereof shall not affect, impair or invalidate the remainder
of the provisions of this chapter or the application thereof to other
persons and circumstances.
