[HISTORY: Adopted by the Town Board of the
Town of Southeast 2-14-1985 by L.L. No. 1-1985. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
That delivery site designated by the County of Putnam or
the Town of Southeast for delivery of solid waste collected in the
Town of Southeast.
Residential, governmental, industrial and/or commercial refuse,
but shall not include the following: human wastes; rendering wastes;
commercially generated construction and/or demolition debris or wastes;
residue from incinerators or other destructive systems for processing
waste, other than now-existing individual building incinerators whose
residue is presently collected as part of normal municipal collections;
junked automobiles; or pathological, toxic, explosive or radioactive
material or other hazardous wastes, which, according to existing or
future federal, state or local laws, rules or regulations, require
special handling in their collection and/or disposal.
No person shall engage in or conduct the business
of collecting solid waste within the Town of Southeast or transport
the same through said Town until such person shall apply for and obtain
a license to engage in said business as herein provided.
[Amended 6-16-1988 by L.L. No. 5-1988]
An application for such license shall be made
in writing to the Town Clerk and upon a form prescribed by the Town
Board, together with the sum as set forth from time to time by resolution
of the Town Board, which shall constitute the application fee.
A.
Such application shall contain the following information:
(1)
A description of the vehicle or vehicles which shall
be used to collect and transport solid waste, including vehicle identification
numbers and license plate numbers.
(2)
A description or map of collection routes within the
Town of Southeast and the approximate number of customers or houses
served on each route.
(3)
A weekly collection schedule for each collection route
within the Town of Southeast.
(4)
A current rate schedule, if applicable.
(5)
The name and location of a facility or facilities
at which the applicant will dispose of all solid waste collected within
the Town of Southeast.
B.
An amended application shall be filed by the licensee
within 30 days of any change, should any of the information provided
in the current application be no longer correct.
C.
No license shall be issued unless first approved in
writing by the Town Board after it has been determined that such approval
is in the public interest and in conformity with the rules and regulations
promulgated by the said Board.
A.
Before the issuance of a permit by the Town Clerk,
the applicant shall furnish a certificate of insurance showing that
the application has, in full force and effect, comprehensive general
liability insurance of $300,000, including products liability and
completed operations insurance, and property damage of $50,000. Motor
vehicle liability insurance shall be provided for $300,000, with $50,000
property insurance coverage.
B.
In addition, the Town Clerk shall require a certificate
of workers' compensation insurance.
A.
All solid waste collected within the Town of Southeast
shall be taken to and deposited at the point of entry, if any, designated
by the County of Putnam or Town of Southeast for solid waste collected
within the Town of Southeast. No solid waste collected outside of
the Town of Southeast shall be taken to said point of entry.
B.
If no point of entry has been designated by the County
of Putnam or the Town of Southeast, the applicant shall dispose of
solid waste collected in the Town of Southeast only at a facility
approved for that purpose by the New York State Department of Environmental
Conservation.
[Amended 6-16-1988 by L.L. No. 5-1988]
For each application approved by the Town Board,
the Town Clerk shall issue a permit, to be affixed to the windshield
of each vehicle listed in the application, which shall not be removed
during the year in which the license remains in force. There shall
be a fee per vehicle as set forth from time to time by resolution
of the Town Board.
[Amended 6-16-1988 by L.L. No. 5-1988]
A license issued under the provisions of this
chapter shall expire at the end of the calendar year of the date of
issue. Applications for renewal of such license may be filed with
the Town Clerk within 30 days before the expiration of such license,
together with the sum as set forth from time to time by resolution
of the Town Board, which shall constitute the renewal fee therefor.
There shall also be paid an additional sum as set forth from time
to time by resolution of the Town Board for each vehicle.
All vehicles or implements used in connection
with the collection and transportation of solid waste shall be kept
in an inoffensive and sanitary condition and, when not in use, shall
be stored and kept so as not to create a nuisance.
All persons licensed to collect solid waste
and to transport the same shall at all times comply with the requirements
of all laws and of all rules and regulations of any state, county
and Town department or bureau thereof having jurisdiction.
Any license issued under this chapter may be
revoked by the Town Board if it is found, after a public hearing,
that the holder of such license has violated any provision of this
chapter or that the required insurance is not in force or that the
holder of such license has disposed of solid waste collected within
the Town of Southeast other than at the point of entry designated
by the County of Putnam, if a point of entry has been established,
or at a disposal site not approved by the New York State Department
of Environmental Conservation, or that the holder of such license
has unlawfully disposed of solid waste collected outside of the Town
at a facility open only for the disposal of such solid waste collected
within the Town or county. Such hearing shall be held after a written
notice of the same is given to the licensee at least five days before
such hearing and directed to the last known address of said licensee.
A.
Any person violating the provisions of this chapter,
notwithstanding the revocation provisions referred to in the preceding
section, shall, upon conviction thereof, be liable to a fine or penalty
not to exceed the sum of $250 for each offense, or to imprisonment
for not more than 15 days, or to both such fine and imprisonment.
B.
In addition to proceeding criminally against a violator
of this chapter, a civil penalty of not less than $50 nor more than
$250 may be recovered by the Town of Southeast in a civil action for
each violation thereof.
C.
Each day that a person, firm or corporation collects
solid waste without the license provided for herein shall constitute
a separate violation and shall subject the offender to a separate
criminal and a separate civil action and penalty.
D.
Each officer and director of a corporation which is
engaged in the collection of solid waste within the Town shall be
guilty of each violation of this chapter where the corporation which
he or she represents is operating without compliance herewith.
The provisions of this chapter shall not apply
to one not regularly engaged in the business of the collection of
household, industrial or commercial solid waste.
This chapter shall be enforced by the Southeast
Code Enforcement Officer so designated by the Town Board or by the
New York State Police or Putnam County Sheriff or any other duly designated
law enforcement officer.
