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.
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.
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.
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.