[Adopted 4-25-1988 by L.L. No. 23-1988]
This article shall be cited and may be referred to hereinafter as the
"Solid Waste Management Law."
A.
The Village Board of the Village of Montebello finds
it necessary to the preservation of the appearance of the Village, the prevention
of health hazards and the convenience and financial well-being of the citizenry
to regulate the solid waste management industry.
B.
It is the intention of the Village Board to maintain
prompt, efficient, clean and courteous service by the refuse collection industry
at reasonable prices and to assure compliance with federal, state and county
laws and regulations.
A.
When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the
singular number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
ASHES
CONSTRUCTION AND DEMOLITION DEBRIS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
GARBAGE
PERSON
REFUSE
SOLID WASTE MANAGEMENT FACILITY
TRASH
(1)
(2)
(3)
For the purposes of this article, the following terms,
phrases and words and their derivations shall have the meanings given herein:
The residue from the burning of wood, coal, coke or other combustible
materials.
Any waste resulting from construction, remodeling, repair and demolition
of structures, road building and land clearing, and such wastes include bricks,
concrete and other masonry materials, soil, rock and lumber, road spoils,
paving material and tree and brush stumps. "Construction and demolition debris"
does not include:
White goods, such as refrigerators, stoves, household appliances, water
heaters and the like.
Tires and batteries.
Paint cans and paint in other containers.
Garbage.
Septic waste.
Sewage sludge.
Liquid wastes.
Containers (cans and/or drums that held solvents, paint thinner, oil,
etc.).
Putrescible waste.
Pesticides.
Cardboard or wastepaper.
Contaminated soil.
Significant quantities of wallboard.
Industrial waste.
Hazardous waste as defined in 6 NYCRR 371.
Putrescible animal and vegetable waste resulting from the preparation,
handling, cooking and consumption of food.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
All putrescible and nonputrescible solid wastes (except body wastes),
including garbage, wastepaper, trash, construction and demolition debris and
ashes. "Refuse" shall not be deemed to include dead animals or abandoned automobiles.
Any facility employed beyond the initial solid waste collection process,
including but not limited to storage areas or facilities; transfer stations,
rail-haul or barge-haul facilities; processing facilities, including resource
recovery facilities; sanitary landfills; incinerators; land-spreading facilities;
composting facilities; surface impoundment; and waste oil storage, reprocessing
and rerefining facilities.
Any item of solid waste that is nontoxic and/or nonputrescible and
is placed in a clearly fastened container or bag which is filled at a maximum
weight of 60 pounds and a maximum volume capacity of 30 gallons. Said items
include, but are not limited to:
Discardable household items of a durable nature, such as furniture,
cardboard cartons or packaging, household appliances and large appliances,
such as refrigerators, washing machines, dryers, dishwashers and hot-water
heaters.
Garden, yard and lawn waste, such as clippings, leaves, only if placed
in containers, cartons or bags which are securely fastened; Christmas trees,
tree branches and fallen trees cut into sections less than four feet long
and tied or weighing no more than 60 pounds per piece.
Ashes and other refuse resulting from the burning of wood or coal in
a residence for heating purposes, so long as the same is placed in containers,
cartons, or bags.
No person shall engage in the business of collecting, removing or transporting
refuse in the Village without first obtaining from the Village Clerk-Treasurer
a license to carry on such business in the Village and an appropriate identification
card for each vehicle used in such business. This article shall not apply
to services provided by another municipality pursuant to an intramunicipal
agreement with the Village.
The fee for a license to engage in the business described in this article
shall be as set forth in the Schedule of Fees of the Village of Montebello.[1] The fees shall be payable to the Village Clerk-Treasurer of the
Village of Montebello prior to the issuance of the license. Fees shall not
be prorated.
[1]
Editor's Note: The Schedule of Fees is on file in the Village Clerk-Treasurer's
office.
A.
The Village Board is hereby authorized to grant licenses
and identification cards under its hand through the office of the Village
Clerk-Treasurer.
B.
All applications for licenses and identification cards
shall be made by the applicant on forms to be provided by the Village Clerk-Treasurer.
Said applications shall set forth the name, business and residence address
of the applicant; the names and residence addresses of the officers and stockholders
or partners, if the applicant is a corporation or partnership; whether the
applicant, any partner, stockholder or corporate officer has been convicted
of a misdemeanor or felony; a statement of the ownership interest by said
applicant, stockholder, officer or partner in any other garbage collection
business in the State of New York; a statement of the number, type and kinds
of vehicles to be used by the applicant, including their unladen weight and
capacity, trade name, body type, serial and motor number and state registration;
a list of roll-off containers with their capacity; the kind of service the
applicant desires to perform in the Village and such other information as
may be required by the Village Board. Supplementary applications shall be
verified by the applicant; if a partnership, by one of the partners; if a
corporation, by one of its officers.
C.
Within five days of the occurrence of any change in the
facts stated in any application, the applicant shall report the same in a
supplementary application to the Village Clerk-Treasurer. If additional vehicles
are used in such business, an additional prorated fee shall be paid for such
additional vehicle. All changes made on any license or identification card
shall be made only by the Village Clerk-Treasurer after approval by the Village
Board.
A.
One- or two-family residences. The licensee may not charge
new customers on residential routes for one- or two-family houses a rate in
excess of the rate charged other customers similarly situated on the same
street or route.
B.
All others. The fee shall be negotiated between the owner
and the collector.
Each applicant for a license shall file with the Village Clerk-Treasurer's
office evidence in the form of a certificate or other evidence of insurance
that a policy of automobile liability insurance is in full force and effect
with personal injury limits of no less than $300,000/$1,000,000 and property
damage coverage with limits of $250,000, and that a policy of general liability
insurance is in full force and effect with limits of no less than $500,000/$1,000,000
covering personal injury, including death, and with limits of no less than
$250,000 covering property damage and covering the applicant and each and
every vehicle engaged in the collection of refuse. Such policies shall be
endorsed to indemnify and save harmless the Village of Montebello from any
and all claims for personal injury or property damage arising out of the operations
of the applicant covered by the license and the operation, ownership and maintenance
of any vehicle used by the applicant in the Village. Such policies or certificates
of insurance shall name the Village of Montebello as an additional insured.
Each applicant shall file with the Village Clerk-Treasurer's office evidence
in the form of a certificate of insurance that the proper workmen's compensation
is in force and effect covering each and every person employed by the applicant
in the collection of such refuse. Said certificates of insurance shall be
approved by the Village Attorney. The insurance policies shall have a term
which will expire December 31 of the license year.
A.
Every application for a license shall be accompanied
by a bond approved as to form by the Village Attorney in the amount of $5,000
conditional upon the assurance that, during the term of such license, the
licensee will continue to comply with all the laws, codes, ordinances, rules
and regulations of the State of New York, County of Rockland, and the Village
of Montebello and the rules and regulations of the Village Board and to assure
that, upon default in the performance by the licensee during the term of the
license, the Village will be reimbursed for any funds, work or services rendered
in carrying out the duties of the licensee, all in accordance with a schedule
of fees and charges for such service as shall be formally filed from time
to time with the Village Clerk-Treasurer.
B.
Such bond shall run to the Village of Montebello for
its use and benefit and for the use and benefit of any person or persons intended
to be protected thereby and shall be conditional on the payment of any damage
to public or private property and the payment for any damages or losses resulting
from any malfeasance, misfeasance or negligence in connection with any of
the activities or conditions upon which the license applied for is granted,
including expense to the Village in supplying emergency or supplemental service
to customers of a defaulting contractor.
C.
In addition, each licensee shall maintain an escrow account
in the Village Trust Fund, in accordance with a schedule established by the
Village Board. Such escrow account must be maintained at such schedule. Failure
to do so shall result in suspension of the license.
All licenses issued under this article shall be granted for a term to
end on the 31st day of December next following the issuance thereof.
A license may be refused or revoked if the applicant, any partner, stockholder
or corporate officer shall have been convicted of a misdemeanor or felony
which in the judgment of the Village Board renders the applicant unfit or
undesirable to carry on the trade or occupation involved herein. The Village
Board may also refuse or revoke a license to any person who in its judgment
shall be unfit, undesirable or incapable of conducting the trade or business
involved herein or who fails to comply with the provisions of this article.
The granting, refusal or revocation of such license by the Village Board shall
be subject to review by a proceeding pursuant to Article 78 of the Civil Practice
Law and Rules.
The unreasonable refusal to comply with the following regulations shall
be grounds for revocation of the license. Every licensee under this article:
A.
Shall, between the hours of 6:00 a.m. and 6:00 p.m. of
the business day, excluding Saturday, Sunday and holidays, be required to
furnish such service to the public as herein provided.
B.
May work on Saturdays or holidays in its individual discretion.
C.
Shall carry an identification card on each vehicle used
in the licensee's business which shall be exhibited on demand of the
property owner where collection is being made or by the police.
D.
Shall render efficient, reliable, quiet and courteous
service at all times.
E.
Shall not arbitrarily discontinue service to any customer.
In the event that any customer fails to pay for the services rendered by a
period of three consecutive months, service may be discontinued by the licensee
by giving a notice, in writing, to the customer by certified mail, return
receipt requested, with a copy to the Village Board.
F.
Shall make a minimum of two collections per week, at
least three days apart.
H.
Shall pick up any refuse which is dropped by him.
I.
Shall park its vehicle as far off the road as is possible.
J.
Shall continue to make pickups at the present locations.
No customer receiving back yard service shall be required to place refuse
containers along the street for pickup, except in an emergency declared by
the Mayor.
K.
Shall bill customers at least once every two months.
L.
Shall permit all reasonable inspections of its business
and examinations of its books by the Village Board and other public authorities
so authorized by law.
M.
Shall keep all records and books necessary to the computation
of its license fee and to the enforcement of this article. Where the licensee
fails to keep such records, the Village Board shall make its own determination
as to the financial statement for any business where the licensee has failed
to keep books and records as required herein.
N.
Shall refrain from operating the licensed business after
expiration of its license or during any period the license is revoked or suspended.
O.
Shall avoid all forbidden, improper or unnecessary practices
of conditions which do or may affect the public health, morals or welfare
of the Village.
P.
Shall not refuse to accept a new residential customer
on any street or route where it is already providing service to residential
customers, except in the case of a customer who had been discontinued by a
licensee for nonpayment of an account properly stated so long as said nonpayment
continues.
Q.
Must provide forthwith and at all times during the year
a telephone and be prepared to receive and answer messages from 9:00 a.m.
to 5:00 p.m. every business day of the year.
R.
Shall have prepared and shall distribute at its own expense
to each customer a card setting forth its full corporate name, its business
address, its local telephone number (which telephone service must be regularly
maintained locally) and the telephone number of the Village Clerk-Treasurer
or such other number as shall be specified by the Village Board for receiving
complaints.
S.
Shall be prohibited from furnishing such service between
the hours of 10:00 p.m. and 6:00 a.m.
A.
Customers must purchase their own containers according
to standards established by the Village Board.
B.
All refuse must be in containers or sealed nonpermeable
bags. The licensee shall not be required to collect any refuse which is not
placed therein.
C.
For collection pursuant to a schedule set forth by contract,
any refuse bags or containers from which refuse is collected and which is
placed at the curbside shall be set out at the curbside no earlier than 3:00
p.m. on the day prior to collection, and all containers shall be removed no
later than 8:00 p.m. on the collection day. When a regular collection day
falls on a legal holiday, refuse or containers shall not be set out at the
curbside until the next regularly scheduled collection day unless special
announcement of collection is made by the Village. Except as provided herein,
no refuse bags or containers from which refuse is collected may be placed
within 10 feet of a public road. This provision shall not apply to the collection
of garden, yard or lawn waste, such as leaves, which are placed in bags or
containers.
D.
The customer shall not require collections from the interior
of any structure unless an extra charge shall be mutually agreed upon with
the collector.
E.
Customers may not be in arrears more than 30 days on
any account properly stated.
A license shall not be assignable. Any holder of a license granted under
this article who allows it to be used by any other person and any person who
uses a license granted to any other person shall be each guilty of a violation
of this article.
A.
The vehicles to be used by collectors of refuse shall
have been inspected and approved by the Rockland County Health Department,
whose inspection certificate signed by a sanitary inspector shall be exhibited
to the Village Board, and shall be so constructed as to make impossible the
spilling or leakage of refuse, and, in transporting such materials through
the Village, the vehicle shall be covered in such manner that none of the
contents can spill on Village or other roads. Any refuse falling to the streets
or roads must be immediately cleaned up.
B.
The licensee must keep all vehicles clean, sanitary and
neatly painted and shall wash, clean and disinfect such vehicles at least
once each week.
C.
The licensee must keep all vehicles readily identifiable
by lettering the names of the owners and their Village of Montebello permit
numbers, in letters of suitable size, upon the vehicles, in the English language.
A.
Except as provided herein, any person, firm or corporation
collecting refuse in the Village of Montebello without a license or violating
any of the provisions of this article, including any rules and regulations
adopted pursuant hereto, shall be guilty of an offense against this article
and, upon conviction, shall be punishable by a fine of not more than $5,000.
Each day that such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
B.
Any person, firm or corporation who knowingly gives false information upon any application for a license, or renewal thereof, or who conceals any conviction of a misdemeanor or a felony by any individual, partner, stockholder or corporate officer or who allows another person to use the license issued to himself or itself or who unreasonably refuses to comply with the regulations of § 156-12 herein shall suffer revocation of his license.
C.
Any act stated herein to be grounds for revocation of
a license shall result in a revocation of said license by order of the Village
Board after due notice and public hearing.
The Police Department and/or the Building Inspector and his assistants
shall have the power, right and authority to issue an appearance ticket, as
the same is defined in Article 150 of the Criminal Procedure Law of the State
of New York, for the violation of any section of this article.
Nothing in this article shall be construed to supersede the minimum
standards contained in Part 19 of the State Sanitary Code which shall govern
when and where any provisions of this article are found to be inconsistent
with said standards.
Nothing contained in this article shall be construed or interpreted
to make the Village of Montebello a party to any contract for refuse removal.
This article supersedes, and is in derogation of, Chapter 208 of the
Code of the Town of Ramapo, County of Rockland, State of New York. This article
is enacted by authority of § 20, Subdivision 5, of the Municipal
Home Rule Law and any other law referenced herein as authority herefor.
