Town of Wallkill, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wallkill 4-24-1975 by L.L. No. 3-1975. This local law also repealed L.L. No. 2-1973, regulating the collection of garbage. Amendments noted where applicable.]
GENERAL REFERENCES
Dumps and dumping — See Ch. 110.
Garbage and refuse — See Ch. 140, Art. V.
Junk dealers — See Ch. 145.
Littering — See Ch. 150.
It is declared that a clean, wholesome and attractive environment is of importance to the health and safety of the inhabitants of the Town of Wallkill. This chapter shall prescribe the regulation of private, commercial and public collection of garbage and refuse wastes by the residents of the Town and contractors of the Town or by the Town itself.
As used in this chapter, the following terms shall have the meanings indicated:
CONTAINER
A round, covered, metal or heavy-duty plastic pail, having not less than two handles and not exceeding 24 inches in diameter and 36 inches in height or a heavy-duty plastic liner or sack approved by the Town Board as fit and suitable for such purposes to contain garbage or refuse.
GARBAGE
All waste, vegetable, animal or other matter, liquid or solid, likely to ferment or decompose and produce noxious odors or become injurious to the public health.
REFUSE
Trash and litter, whether or not combustible, consisting of but not limited to paper and paper products, wood and wood products, individual pieces not exceeding two inches in diameter and 36 inches long, metal and metal products, glass and glass products, ashes, dust and dirt, rock, concrete and other mineral waste, sweepings, grass, leaves and yard trimmings or any and all other discarded objects and materials; provided, however, that refuse shall not include earth and waste from building operations nor shall it include solid wastes resulting from industrial processes and manufacturing operations.
A. 
Garbage and refuse which cannot be formed into an intact bundle shall be placed in a container for collection.
B. 
Refuse, containing no garbage, compacted and securely tied in a bundle not exceeding 18 inches by 18 inches by 36 inches may be placed for collection as such. The number of bundles shall be limited to five per pickup.
C. 
In no event shall the combined weight of a container and its content nor a bundle of refuse exceed 50 pounds.
D. 
The containers shall be kept and maintained by their owners in suitable condition to permit safe handling by the collector.
A. 
No person, firm or corporation shall place or fill or cause or permit to be placed or filled any container or refuse bundle in such a manner that such container or bundle shall rupture, overflow, spill or scatter any part of its contents.
B. 
Any spillage or scattering of garbage or refuse out of a container or bundle, caused by any means other than the fault or neglect of the collector, shall be collected up by the person who set out such containers or bundle and lawfully disposed of by him.
A. 
Containers of garbage and refuse and refuse bundles shall be set out for collection by the occupant of the premises, contiguous to a route along which such collection is made. In all cases, such containers and bundles shall be set out for collection at the curbline of the street in front of such premises.
B. 
Such containers and bundles shall be set out not earlier than 7:00 p.m. of the preceding day and not later than the normal scheduled time on collection day. Emptied containers shall be removed from the curbline within a reasonable time following such emptying and in no event later than 6:00 p.m. of the collection day.
No person, firm or corporation shall collect, transport or dispose of garbage, refuse or any other waste whatsoever without first obtaining a permit therefor as provided in this chapter.
A. 
Any person, firm or corporation desiring, on and after the effective date hereof, to collect, transport or dispose of garbage, refuse or other waste material shall file with the Town Clerk an application for a permit therefor, in such form and detail as the Town Board shall prescribe.
B. 
The Commissioner of Public Works or his representative shall inspect the equipment intended by the applicant to be employed in such occupation. If satisfied as to the adequacy and propriety of such equipment, he shall endorse his approval thereon.
C. 
Upon presentation of such application so approved and payment of the annual fee provided in Subsection D of this section to the Town Clerk, a permit shall be issued, which shall expire on the 31st day of December next succeeding the date of its issuance to the applicant.
D. 
The fee for a permit issued or reissued hereunder entitling a person, firm or corporation to engage in residential garbage collection and to engage in commercial garbage collection shall be set by resolution of the Town Board.
[Amended 10-9-2003 by L.L. No. 12-2003; 3-23-2006 by L.L. No. 3-2006]
E. 
A permit shall be furnished to the permittee who shall display the same on the front bumper of his vehicle at all times while same is in use in the transporting of garbage, refuse or waste within the Town of Wallkill.
Clean ashes, cinders, sand, gravel or soil deposited on real property by or for the owner or occupant thereof for fill, grading or landscaping purposes shall not be deemed to be refuse or waste.
No person shall engage in alley or rag picking, sorting or salvaging or otherwise scavenging in any container of garbage or refuse or refuse bundle or otherwise disturb the contents thereof.
A. 
The driver of any vehicle engaged in the collection, transportation or disposal of garbage, refuse or waste shall fully cover all such garbage, refuse or waste while loaded on such vehicle with a suitable covering material and shall not permit any part of such load to fall from such truck, except upon its lawful disposal.
B. 
Any collector who shall have caused spillage of the contents of a container or refuse bundle or from whose vehicle garbage, refuse or waste shall have fallen shall gather up such spillage or fallen material and place it properly in such vehicle.
C. 
The owner of such vehicle shall, immediately following the disposition of the last daily load of garbage, refuse or waste, clean the cargo bed thereof and place the same in a sanitary condition.
The Town Board shall be and is hereby authorized to regulate the cost of permits. Any modification of same shall be made by resolution of the Board and shall take effect 10 days thereafter.
[Amended 10-9-2003 by L.L. No. 12-2003]
A. 
The Town Board is hereby empowered to fix and regulate the fees charged to Town residents for garbage collection by commercial garbage collectors within the Town. Upon completion of a public hearing regarding a proposed change in fees, set fees shall be established by resolution of the Town Board and may be modified on 30 days' written notice to the licensed collectors within the Town.
[Amended 6-24-2004 by L.L. No. 3-2004]
B. 
A five-member commission is hereby established to investigate all aspects of garbage collection within the Town. This commission shall consist of two representatives of the garbage collection industry as well as two resident homeowners and one member of the Town Board. All members shall serve without fee and shall be appointed by a majority vote of the Town Board for a one-year period unless reappointed in like manner. Among other things, it shall be the function of this commission to advise and recommend maximum garbage collection rates as well as licensing fees as prescribed herein to the Town Board from time to time, as deemed necessary for the purposes of this chapter. The commission may meet once monthly unless otherwise agreed.
[Amended 10-9-2003 by L.L. No. 12-2003]
Any collector, hauler, or licensee under this chapter who violates any provision of the chapter shall be guilty of an offense and, upon conviction thereof, shall be fined in any sum not less than $500 nor more than $1,000. Each commission of a single act prohibited by this chapter shall constitute a separate violation hereof, and each day of such violation shall constitute a separate offense, punishable as such.
The Town Board may revoke any permit granted and issued hereunder or suspend the same for such period as the Board may deem proper for any violation by the permittee of any provision of this chapter or for a material misstatement in his application for such permit and shall afford the permittee the opportunity to request a hearing thereon.
[Added 12-8-1994 by L.L. No. 6-1994; amended 6-28-2012 by L.L. No. 2-2012]
Any property owner or occupant having been duly notified in writing upon seven days' notice to remove refuse and/or garbage from his property and having failed to do so shall be responsible for any costs incurred by the Town of Wallkill in removing said refuse or garbage, and said costs shall be assessed against the property and shall appear as a lien on the next real property bill.
[Added 10-9-2003 by L.L. No. 12-2003]
In all other matters regarding solid waste disposal in the Town of Wallkill, the Orange County Solid Waste Plan shall be the controlling rule of law.