[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. 
For the purposes of this article, the following terms, phrases and words and their derivations shall have the meanings given herein:
ASHES
The residue from the burning of wood, coal, coke or other combustible materials.
CONSTRUCTION AND DEMOLITION DEBRIS
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:
(1) 
White goods, such as refrigerators, stoves, household appliances, water heaters and the like.
(2) 
Tires and batteries.
(3) 
Paint cans and paint in other containers.
(4) 
Garbage.
(5) 
Septic waste.
(6) 
Sewage sludge.
(7) 
Liquid wastes.
(8) 
Containers (cans and/or drums that held solvents, paint thinner, oil, etc.).
(9) 
Putrescible waste.
(10) 
Pesticides.
(11) 
Cardboard or wastepaper.
(12) 
Contaminated soil.
(13) 
Significant quantities of wallboard.
(14) 
Industrial waste.
(15) 
Hazardous waste as defined in 6 NYCRR 371.
GARBAGE
Putrescible animal and vegetable waste resulting from the preparation, handling, cooking and consumption of food.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
REFUSE
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.
SOLID WASTE MANAGEMENT FACILITY
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.
TRASH
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:
(1) 
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.
(2) 
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.
(3) 
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.
G. 
Shall not refuse to collect refuse although there is no separation of materials. (Recyclables excluded.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.