As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Town Board of the Town of Rotterdam.
BRUSH
Scrub vegetation, twigs, underbrush and overgrowth.
GARBAGE
Putrescible solid waste, including animal and vegetable waste resulting from the handling, storage, sale, preparation, cooking or serving of foods and any other matter capable of fermentation.
HAZARDOUS WASTE
Any solid waste that is considered a hazardous waste using the classification and standards established and promulgated by the New York State Department of Environmental Conservation and/or the Environmental Protection Agency. In the case of a difference in classification, more stringent interpretation will be used.
MULTIPLE RESIDENCE
A building or parcel of land having four or more dwelling units.
NEWSPAPERS
Includes inserts; no magazines.
NONRESIDENCE
Any building or parcel of land not used as a residence or a multiple residence.
PERSON
Any individual, partnership, association, firm, corporation, company or any and all combinations acting in concert.
RECYCLABLE MATERIALS
Solid waste consisting of newspapers, plastic bottles, metal containers and glass containers (only clear, green and brown glass containers).
RESIDENCE
A building or parcel of land having three or fewer dwelling units.
RESIDENT
A person residing in a residence.
SANITARY LANDFILL
A land disposal employing an engineered method of disposing of solid wastes on land in a manner that minimizes environmental hazards and the design and operation requirements as promulgated by state and/or federal regulatory agencies.
SOLID WASTE
All putrescible or nonputrescible materials or substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, including but not limited to garbage, refuse, industrial and commercial waste, yard and agricultural waste, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris, discarded automobiles, offal and sludges from air or water control facilities, but not including sewage and other highly diluted water-carried materials or substances and those in gaseous form.
TOWN ENGINEER
A licensed professional engineer of the Town of Rotterdam overseeing the operation of the Town of Rotterdam Sanitary Landfill or a duly authorized representative appointed by the Rotterdam Town Board.
UNSEPARATED RECYCLABLE MATERIALS
Recyclable materials, as specified herein, that are mixed with other solid waste.
WASTE COLLECTOR
An individual, firm or corporation engaged in the business of collecting solid waste from residences, businesses or industries and transporting this material to a solid waste disposal site.
A. 
This article shall apply to any lands now used or hereafter acquired or leased by said Town for the purpose of disposal of solid waste and/or use as a sanitary landfill.
B. 
Other uses prohibited. The use of any lands, other than those described in Subsection A hereof, within the Town of Rotterdam as a disposal site for solid waste, is hereby prohibited, except those sites that have been approved by the New York State Department of Environmental Conservation (DEC) and the Town of Rotterdam.
A. 
No person, firm or corporation, for the purpose of final disposal thereof shall throw, deposit or cause to be thrown or deposited any solid waste thereof in or upon any lands within said Town of Rotterdam except upon the approved solid waste disposal sites as described in § 244-2A.
B. 
No person, firm or corporation shall leave or deposit any form of solid waste of any kind upon any street, avenue, highway, park or public place within the Town of Rotterdam, except that householders and business places may place garbage and refuse, in proper covered containers, in front of their premises for authorized collection and removal to the public dumping grounds described in § 244-2A.
C. 
No person, firm or corporation shall, for the purpose of final disposal, throw or cause to be thrown or deposited upon the sanitary landfill area described in § 244-2A, any waste materials from septic tanks, cesspools or any other sewerage disposal. The disposal of any hazardous wastes at the sanitary landfill is hereby prohibited.
D. 
It shall be unlawful for solid waste containers which might attract flies and bugs and create a health menace to be left uncovered on any property, and the owner and/or occupant of such property shall be responsible and liable for any violation thereof.
E. 
No garbage or other solid waste which contains liquids or can ferment shall be placed in any container with a hole or holes therein.
F. 
The Town Board of the Town of Rotterdam may, by local law or contract with a private party, establish a schedule of charges and/or fees levied upon all garbage and refuse collectors, contractors, businesses, commercial enterprises and Town residents of Rotterdam using the sanitary landfill area. Said fees and/or charges will be set forth in Chapter 126 of the Code of the Town of Rotterdam, entitled "Fees."
A. 
A permit shall be issued by the Town Clerk to each waste collector upon the payment by the applicant of a fee as set forth in Chapter 126, Fees. Every waste collector who collects solid waste within the Town of Rotterdam must obtain a waste collector permit. Rental trucks may be substituted for regularly permitted trucks without fee while the same are out of order for repair, but they must carry the same identification markings as the trucks they replace if they are to be used for more than five days in succession; however, their use must be first reported to the Town Clerk no matter how long they are to be substituted.
B. 
Waste collectors shall not collect garbage and/or rubbish on Sundays or such days as the Town Board shall from time to time so direct. All waste collectors must unload solid waste only during those times and days established by the Town Board. No collection of garbage and/or rubbish shall be permitted at any location in the Town of Rotterdam between sunset on any given day and the hour of 6:00 a.m. official local time on the succeeding day. There shall be no collection of garbage and/or rubbish in a commercial area located within the boundaries of Patton Drive, Altamont Avenue, O'Brien Avenue and Hamburg Street in the Town of Rotterdam between sunset on any given day and the hour of 7:00 a.m. official local time on the succeeding day.
C. 
All permits shall be issued on or before and be effective as of January 1 of any year and shall be for the period covering January 1 to December 31 of such calendar year.
D. 
In addition to the other requirements of this article, all waste collector permit applications shall include or comply with the following:
(1) 
A schedule of rates to be charged and services to be rendered, together with the approximate hours of collection in each block or a map showing the approximate hours of collection in each area shown shall be furnished. The term "approximate" shall mean whether morning or afternoon hours and on what day. A separate schedule must be furnished for each vehicle.
(2) 
A statement shall be furnished of where the refuse will be deposited, if it is intended that a site outside the Town of Rotterdam will be used.
(3) 
Applications must be filed six weeks before a permit expires or is to become effective to allow for proper investigation and processing.
(4) 
All permit applications shall be investigated by the Town Engineer, who will advise the Town Clerk of his findings for further processing and issuance or denial of the permit.
(5) 
Permits described in § 244-4A are limited to collectors collecting in the Town of Rotterdam exclusively. All other permits are controlled by § 244-3.
(6) 
A roster of permittees and their employees shall be maintained by the Town Clerk for public inspection.
(7) 
A copy of this article shall be given to all collectors when requesting application forms. The application shall state that they have read this article. They shall agree to abide by rules of landfill operation as adopted from time to time by the Town Board consistent with the limitations and purposes of this article.
(8) 
Each collector shall file a certificate of a public liability policy of $10,000/$20,000 and a certificate of his vehicle liability policy with the Town Clerk and shall in his application agree to indemnify any person not to exceed $1,000 for any single act of dishonesty in or about such person's place of abode by any of the collector's employees.
A limited use, three-day permit, shall be issued for out-of-town businesses doing work within the Town of Rotterdam, subject to verification and approval by the Coordinator of the Department of Public Works. The fee for this temporary permit will be as set forth in Chapter 126, Fees.
Any violation of this article by any person, firm or corporation shall constitute a violation and shall be punishable by a fine not less than $500 and not more than $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,500 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both. Each day of continued violation shall constitute a separate, additional offense.
The Public Works Department of the Town of Rotterdam is charged with the inspection of all trucks and other carriers transporting garbage prior to issuance and renewal or during the period of time that permits are in effect; and also with the enforcement of all the other provisions of this article.
In addition to the penalties provided for, the Town Board may, after a public hearing thereon, at which the licensee or special permittee shall have an opportunity to be heard, revoke any permit issued under authority of this article to any applicant whom the Town Board shall determine to be an undesirable person or incapable of or unwilling to comply with the provisions of this article.