[Amended 1-20-1998 by L.L. No. 1-1998]
This shall be known and cited as the "Residential/Commercial Refuse Collection Law of the Town of North Salem."
[HISTORY: Adopted by the Town Board of the Town of North Salem as indicated in article histories. Sections 115-4E, 115-5B, D(4) and F and 115-10B amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Adopted 10-14-1986 by L.L. No. 3-1986]
A.
The purpose of this article is to maintain and promote the orderly collection and disposal of refuse in the most efficient and economical manner within the Town of North Salem. It is the policy of the Town of North Salem that the accomplishment of this purpose may best be achieved by municipal regulation of refuse collections and disposal of the same with regard to financial responsibility and procedures and sensitivity to the interests of the public.[1]
[1]
Editor's Note: The second paragraph of Section 2, which immediately followed this subsection and concerned the Town's participation in the MCA, was deleted 7-27-1993 by L.L. No. 3-1993.
B.
The further purpose of this article is to ensure that the costs of refuse collection within the Town remain at reasonable levels. In order to achieve that goal, the Town of North Salem may enter into a contract or contracts for the collection of residential refuse.
[Amended 1-20-1998 by L.L. No. 1-1998]
A.
It shall be unlawful for any person, firm or corporation to regularly collect residential or commercial refuse and/or to collect any material for recycling within the Town of North Salem, except from his own residence or business property, unless such person holds a valid license for such purpose issued by the Town under the provisions of this article.
B.
It shall be unlawful for any licensee hereunder to refuse service during the license period to any resident of the Town of North Salem requesting the same.
C.
It shall be unlawful for any licensed collector to deviate from any of the standards of compliance as set forth in § 115-6 below.
D.
It shall be unlawful for the owner of any vehicle to permit such vehicle to be used for the purpose of collection of residential or commercial refuse and/or to collect any material for recycling within the Town of North Salem, except from his own residence or business property, without first obtaining a license from the Town.
For the purpose of this article, the following terms shall have the meanings indicated:
The side or area wherein the public highway, either paved or unpaved, abuts the property of the private or public property.
Lumber, pipes, brick masonry and other construction materials from either razed buildings or other structures.
A designated area, either paved or unpaved, permitting ingress and egress from lands of a private owner onto public highway.
Acceptable waste originating within the boundaries of the Town, collected or caused to be collected by the Town or by private carter licensed as a residential collector by the Town of North Salem.
That designated location at the residence end of the driveway no more than 10 feet from the driveway.
Any natural person, partnership, corporation or other legal entity.
Any of the following:
All materials defined as "hazardous wastes" pursuant to either Subtitle C of the Federal Resource Conservation and Recovery Act of 1976, as amended from time to time, and implementing regulations issued by the USEPA (United States Environmental Protection Agency), including but not limited to 40 CFR Part 261, as amended from time to time, or Article 27, Title 9, of the New York State Environmental Conservation Law, as amended from time to time, and implementing regulations issued by the New York State Department of Environmental Conservation, including but not limited to 6 NYCRR Parts 370 through 373-3, as amended from time to time.
All materials which are classified as a "hazardous substance" as defined in Section 101 (14) of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, and implementing regulations issued by the USEPA, including but not limited to 40 CFR Part 302.
All materials which are radioactive.
Sludge, septage and pathological, infectious or explosive wastes and liquid wastes.
Any other waste material which may not be lawfully transported to, stored, managed or disposed of at the facilities the contractor uses pursuant to this article.[1]
[1]
Editor's Note: Amended 7-23-1993 by L.L. No. 3-1993.
A.
Application. Application for a license to collect refuse within the Town of North Salem shall be made at the office of the Town Clerk on forms provided by said office. The applicant shall file with his application a certificate or affidavit of insurance as hereinafter set forth, shall pay the required license fee and shall answer, in writing, all questions required to be answered by the application form. Upon receipt of such application properly completed and executed, the Town Clerk will investigate and refer the same to the Town Board, which shall make a determination to issue or deny a license pursuant to provisions of this article.[1]
[1]
Editor's Note: Former Subsection B, Certified check, as amended, which immediately followed this subsection, was deleted 1-20-1998 by L.L. No. 1-1998. This local law also provided for the redesignation of former Subsections C through J as B through I, respectively.
B.
Contents of application. The form of application shall be as determined by resolution of the Town Board and may be amended from time to time by resolution. It shall include the following information:
(1)
A detailed description of the applicant's equipment, including the age, make and mechanical condition of each vehicle used by the applicant in the collection of refuse within the Town of North Salem.
(2)
A description of the applicant's work force, including the names and addresses of the employees working for the applicant within the Town of North Salem.
(3)
The proposed rates for the collection of refuse for each type of service.
(4)
Owners, stockholders and related businesses: the names and addresses of partners, actual or beneficial owners, stockholders, directors, officers and creditors over $1,000 and the proportionate interest of each; a detailed description of all related businesses owned or controlled by any person or persons listed in this subsection.
(5)
Detailed information relating to the applicant's insurance coverage as described in Subsection D.
(6)
The number of residential/commercial customers and the proposed service area, if not throughout the entire Town of North Salem.
[Amended 1-20-1998 by L.L. No. 1-1998]
(7)
Contingency plans for providing service in the event of equipment failure, labor or other factors causing or threatening to cause an interruption of diminution of service.
(8)
The method of billing.
C.
Criteria for licensing approval.[2]
(1)
The applicant must have available one fully maintained and operable spare truck in addition to those in daily use and should have a minimum of one fully enclosed packer truck.
(2)
Each applicant's service vehicle must be registered with the County of Westchester Health Department.[3]
[3]
Editor's Note: Former Subsection B(5) and (6), which immediately followed former Subsection D(4), regarding compliance with MCA and a yearly required tonnage, were deleted 7-23-1993 by L.L. No. 3-1993.
[2]
Editor's Note: Former Subsections C(1) and (4), as amended, regarding the number of residential accounts and tipping fees, were deleted 1-20-1998 by L.L. No. 1-1998. This local law also provided for the renumbering of former Subsections C(2) and (3) as C(1) and (2), respectively.
D.
Insurance. The certificate of insurance to be filed with the application shall be approved as to form and sufficiency by the Town Attorney and shall be executed by authorized representatives of a duly qualified insurance company, licensed to do business in the State of New York, evidencing that said insurance company has issued liability and property damage insurance policies covering the following:
(1)
All operations of the applicant or any other person, firm or corporation employed or engaged by him in the collection of refuse and bulk pickups within the corporate limits of the Town of North Salem or to the disposal area or transfer station.
(2)
The disposal of such refuse and bulk pickups to and within the designated and approved disposal areas.
(3)
The protection of the Town of North Salem by adding the Town of North Salem as an additional named insured and the protection of the public and any person from injuries or damages sustained as a result of the negligence of the licensee, its servants, agents, contractors and employees in carrying out the activities permitted under the terms of this article.
(4)
The certificate of insurance shall specifically evidence the following amounts of insurance coverage, which shall remain in full force and effect for the term of the license, and shall provide that written notice by certified mail be given to the Town Clerk in the Town of North Salem 30 days prior to any change in the conditions of the certificate of insurance or any expiration or cancellation thereof:
(a)
Public liability insurance. Combined single limit for bodily injury and property damage: $1,000,000 per occurrence.
(b)
Motor vehicle bodily injury and property damage insurance. Combined single limit. $1,000,000 per occurrence.
(c)
Workers' compensation and disability benefits: as required by law.
E.
License fee. License fees shall be in accordance with the Standard Schedule of Fees in the Town of North Salem. Truck licenses may not be transferred to other or different trucks owned by the licensee or otherwise. No refund will be granted for a licensed truck which is not operated for the entire license period.[4]
[4]
Editor's Note: Amended 7-23-1993 by L.L. No. 3-1993.
F.
Financial; expiration and renewal of license. All licenses shall expire one year after the date of issuance, unless sooner revoked or suspended by the Town Board. Applications for renewal licenses shall be filed not less than 60 days prior to the expiration date and shall be treated as new applications. If an application is filed by a previously unlicensed collector, it shall be filed not less than 60 days prior to the date the applicant desires it to become effective.
(1)
The performance bond shall be approved by Town Board and must be posted with the license application. This bond must insure compliance by the carter with all obligations to the Town under the law as the licensee.
(2)
Deposit. Each licensed carter will be required to deposit a sum equal to the cost of one month's solid waste tipping fee.
G.
Action by the Town. Upon receipt of any application for a license hereunder, the Town Clerk shall investigate or cause to be investigated all statements set forth or included in the same and shall refer the application to the Town Board, which shall, within 60 days after receipt of said application, decide to grant or to deny the application upon the entire record. Such decision shall be filed with the Town Clerk, who shall issue, upon receipt of any approval of such application, a license hereunder in conformity with and containing such terms and conditions as the Town Board requires in its decision.
H.
License period. All carter licenses issued pursuant to this article on or after September 1, 1986, shall be valid and in effect for a period of one calendar year or a portion of a calendar year or as determined by the Town Board.
I.
Expiration and renewal of license.
(1)
All licenses shall expire at the end of the license period unless sooner revoked or suspended by the Town Board. Applications for renewal licenses shall be filed not less than 60 days prior to the end of the license period and shall be treated as new applications. If an application is filed by a previously unlicensed collector for the current license period, it shall be filed not less than 60 days prior to the date the applicant desires it to become effective.
(2)
Any license granted hereunder shall not be assignable or transferable except upon the written consent and approval of the Town Board. Any transfer of a majority of the equitable, legal or beneficial interest in the ownership of a licensee shall automatically terminate the validity of any license issued to such licensee. The Town Clerk shall be notified by certified mail of any change in the equitable, legal or beneficial ownership of the licensee within 10 days of such change, including a change of operation of law.
A.
Availability of service. No licensed collector shall unreasonably deny service of a type or within the area set forth in the application to any resident requesting collection service.
B.
Collection practices. The collector shall offer the following minimum collection services:
(1)
Once per week collection at the curbside.
(2)
Once per week collection on premises for residences with a driveway not to exceed 125 feet.
(3)
Precollection practices. All residents of the Town shall provide suitable containers for the storage of garbage or refuse. Such containers shall be practical, suitable and of sufficient strength for the purpose of holding and storing refuse and other material intended for disposal. Such containers shall not exceed a filled total weight of 60 pounds and shall be equipped with a suitable handle or handles and a tight-fitting cover. All refuse containers shall be placed at a designated location not earlier than 6:00 p.m. on the day before collection. Any refuse which cannot be placed in the standard container as herein described shall be securely bundled and tied and left at the designated collection location. The weight of the bundled material should be packaged as follows:
C.
The standard collection shall be four containers once per week, and any regular variation shall be subject to negotiation between the licensee and the customer.
D.
The collectors shall provide a special rate for senior citizens qualified for New York State property tax exemption, computed on a discount of a reduction of 10% from the normal rates.
E.
Transfers. Transfer and collection sites shall be left free of debris dropped in the transfer or collection process. Debris left at transfer or collection sites must, upon request of any Town official, be removed within 24 hours by the user or users of such site.
F.
Type and maintenance of vehicles. All vehicles used in the transportation of refuse within the Town of North Salem shall be kept in a sanitary condition and shall be so constructed as to prevent leakage in transit. The body of the truck shall be wholly enclosed or shall at all times be kept covered with an adequate cover or canvas cover provided with eyelets and rope for tying it down. Loading of vehicles shall be done in such manner as to prevent spilling or loss of contents. All carters licensed hereunder shall use packer-type vehicles. Small nonpacker-type auxiliary vehicles may be approved if so stated on the application forms. Vehicles shall be maintained in such condition as to prevent mechanical breakdown and disruption of garbage collection. Lettering on vehicles shall conform to current New York State Department of Transportation regulations. Noncompliance may result in revocation of vehicle permit.
G.
Complaints.
(1)
Each licensee shall remedy each resident complaint from an omitted service within 48 hours of the time received. The licensee shall remedy complaints from the Town Clerk concerning any material deposited improperly within the limits of streets or highways during transit within 24 hours.
(2)
The licensee hereunder shall keep available records of complaints received by him. The record of each complaint shall include, but not be limited to, the date and nature of the complaints, the name of the complainant and the disposition thereof made by the licensee. Reports of the complaints shall be filed monthly in the office of the Town Clerk.
(3)
The licensee must maintain either an office staff or answering service for receipt of said complaints during normal hours.
H.
Reporting practices. The licensee shall, within 20 days from the end of the month, furnish to the Town Clerk a monthly report of its tonnage collected and the number of residential accounts served in the prior month within the Town of North Salem. Carters shall also file copies of the weigh master tickets for each month at the end of the month.
I.
Collection fees.
(1)
The fee schedule to be charged by any licensee for each type of service to be performed under such license shall be set forth in its application for such license. The applicant may not increase the price charged to the customer from the date of filing the license application to at least 120 days after approval of the application. The fee schedule approved by the Town for the license period shall remain in effect for the license period, as defined herein, unless any change therein is approved by the Town Board after a public hearing thereon. This requirement may be waived by the Town Board in case of extreme hardship or due to unforeseen increases. The burden of proof is on the carter. An increase in fees shall be granted only upon a showing of necessity therefor, which shall be specifically related to any increase in the licensee's costs of operation or doing business.
(2)
The billing of fees by the licensee shall conform to the method of billing set forth in the licensee's application and shall be consistent with the provisions of this article.
(3)
No customer shall be deemed to be in fault hereunder, regardless of the billing method of the licensee, until such time as the services required of the licensee shall have been fully performed.
The licensee shall be directly responsible to the residential customers it services and to the Town Board of the Town of North Salem and shall collect and dispose of refuse in accordance with such rules and regulations as to service herein stated and rate charges stated in the application or as shall be subsequently filed with the Town Board.
The administration of this article shall be the duty of the Town Clerk of the Town of North Salem and such other office, commission, agency or official as the Town Board may designate. The Town Clerk is authorized to adopt such rules and regulations which she may deem appropriate and necessary, subject to the approval of the Town Board. The Town Clerk shall be authorized to enforce, implement and carry out the provisions and purposes of this article.
Any dispute or controversy arising from any cessation or diminution of service or any other alleged failure of a licensee's responsibility to the residents it serves or any other person or any alleged failure of the responsibility of a resident or any other person to the licensee shall, on complaint of either party to such dispute, be referred to the Town Board or its designated agent for binding arbitration. Pending issuance of any decision determining any dispute so referred, the licensee shall continue to provide proper pickup service for the customer, provided that the customer shall continue to pay for services rendered. This section shall not be deemed to replace any other enforcement provision of this article.
A.
Administrative sanctions.
(1)
Any person or entity found violating any provision of this article or conditions imposed by the Town Board upon an approved permit shall be served with a written notice at the direction of the Town Board or its designee stating the nature of the violation and providing a specified time within which the violation shall cease and satisfactory corrective action shall be taken by the violator.
(2)
Any person who, after notice received pursuant to Subsection A of this section, violates, disobeys or disregards any provision of this article shall be liable to the people of the Town of North Salem for a civil penalty of not less than $100 nor in excess of $250 for each such violation, to be assessed after a hearing or opportunity to be heard upon due notice after receiving specifications of the charges and with the right to representation by counsel at such hearing.
(3)
The Town Board shall have the power, following a hearing, to revoke any license granted hereunder.
(4)
Any civil penalty or order issued by the Town shall be reviewable in a court of competent jurisdiction.
B.
Criminal sanctions.[1]
(1)
Any person who violates any order of the Town Board regulating residential refuse collection shall, in addition, be guilty of a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for a term not to exceed one year, or both such fine and imprisonment.
(2)
The Town Attorney shall prosecute persons alleged to have violated the provisions of the law and shall seek equitable relief to restrain any violation of its provisions.
(3)
Noncompliance may result in the revocation of a vehicle permit.
Any action brought hereunder shall be commenced within three months of the date of the alleged violation.