This chapter shall be known as the "Sanitation Code of the Town
of North Hempstead."
For the purpose of this chapter, the terms used herein are defined
as follows:
All Solid Waste generated and collected in the Town that
the Commissioner deems acceptable for disposal at a Solid Waste Management
Facility, except for Recyclables, Hazardous Waste or Unacceptable
Waste.[1]
Containers made of Glass that formerly contained only food
or beverages.
Items that may be too large to fit into standard household
trash cans or are typically not collected as part of weekly trash
collections, such as small household appliances and housewares (microwaves,
toasters, irons, pots and pans); painted, laminated and treated wood,
including lumber under four feet in length and under 25 pounds, and
plywood; furniture (wooden and upholstered); mattresses; textiles;
bulky plastics; packing materials; insulation; office equipment; and
small machinery, generated within the Town and which have been discarded
or rejected as being spent, useless, worthless or in excess to the
owners at the time of such discard or rejection, having served their
intended use.
White goods (stoves, refrigerators, washing machines, dishwashers
and hot water heaters), outdoor metal furniture, recognizable, uncontaminated
metal vehicle parts, metal pipes, bed frames, metal sheds and other
large metal objects, generated within the Town and which have been
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, having served
their intended use.
Containers made of aluminum, tin or steel that contained
only food or beverages.
The activity of picking up, gathering or loading of Solid
Waste.
Each such individual or carting company engaged in the business
of collecting, picking up, removing or causing to be collected, picked
up or removed any Acceptable Waste and Recyclables generated within
the Town and placed at Curbside for collection.
[Amended 4-6-2010 by L.L. No. 2-2010; 10-21-2021 by L.L. No. 20-2021]
Any person, company, corporation, partnership or other entity
engaged in a business for profit.
Acceptable Waste generated by stores, offices, institutions,
restaurants, warehouses and nonmanufacturing activities at industrial
facilities.
Source-Separated, nonputrescible, noncontaminated Recyclables
that have been placed in the same container.
The Commissioner of the Department of Solid Waste Management
of the Town of North Hempstead.
[Amended 10-21-2021 by L.L. No. 20-2021]
Uncontaminated Solid Waste resulting from the construction,
remodeling, repair or demolition of structures and roads. Such waste
includes, but is not limited to, bricks, concrete and other masonry
materials, soil, rock, wood, wall coverings, plaster, drywall, plumbing
fixtures, nonasbestos insulation, roofing shingles, asphaltic pavement,
Glass, plastics that are not sealed in a manner that conceals other
wastes, electrical wiring and components containing no Hazardous Waste
and metals that are incidental to the above. Solid waste that is not
Construction and Demolition Debris (even if resulting from the construction,
remodeling, repair or demolition of roads) includes, but is not limited
to, asbestos waste, garbage, corrugated paper, electrical fixtures
or components (such as fluorescent light ballasts or transformers)
that contain hazardous substances, carpeting, furniture, appliances,
tires, drums and containers and fuel tanks. Specifically excluded
from the definition of "Construction and Demolition Debris" is Solid
Waste resulting from any processing technique, other than that employed
at a construction and demolition processing facility, that renders
individual waste components unrecognizable, such as pulverizing or
shredding.
Any portable device in which material is stored, transported,
treated, disposed of or otherwise handled.
Any substance or substances listed in New York State Public
Health Law § 3306, as amended, and Section 812 of Title
21 of the United States Code, codified as 21 U.S.C. § 812,
as amended, the Controlled Substances Act.
All corrugated cardboard normally used for packing, mailing
or shipping of goods or other material, but shall not mean wax-coated
or soiled cardboard.
The location within five feet from the public or private
street or, in the case of a commercial generator utilizing a private
collection contract, other area designated by the owner or tenant
of the property at which Acceptable Waste or Recyclables is collected
that is used by a Collector to collect Acceptable Waste and Recyclables.
Locations qualifying as "curbside" may include, but shall not be limited
to, at the street- or garage-end of driveways, at rear or side doors,
within parking lots, behind commercial or industrial buildings or
along commercial or industrial buildings.
[Amended 4-6-2010 by L.L. No. 2-2010; 10-21-2021 by L.L. No. 20-2021]
The program established pursuant to § 46-11 of this chapter.
A plastic or fabric bag greater than two cubic yards in volume
purchased by a resident either on the internet or at a home improvement
or hardware store for the purpose of placement at a residence, depositing
therein household Acceptable Waste other than municipal solid waste
and scheduling the bag for collection by a Collector. Merely for illustration
and without limiting the applicability of the foregoing, common examples
of a Debris Bag are bags known as "Bagster," "Green Bag," and "Yellowsack."
[Added 10-21-2021 by L.L. No. 20-2021]
The Town of North Hempstead Department of Solid Waste Management.
[Added 10-21-2021 by L.L. No. 20-2021]
A container used for the purpose of temporarily holding Construction
and Demolition Debris, Solid Waste, Commercial Waste or Recyclables
and which generally ranges in size from 1/2 cubic yard to 40 cubic
yards.
Instances in which the full avoided costs of proper collection,
transportation and disposal of Source-Separated materials are equal
to or greater than the cost of collection, transportation and sale
of the materials less the amount received from the sale of the material.
All clear (flint), green and brown (amber) colored Glass
containers, crystal, ceramics and plate, window, laminated or mirrored
Glass, excluding wired Glass.
Waste that appears on a list or satisfies the criteria promulgated
under § 27-0903 of the New York State Environmental Conservation
Law and/or Section 1004 of the Federal Resource Conservation and Recovery
Act of 1976, as amended, or which any governmental agency or unit
having appropriate jurisdiction or the Commissioner shall determine
to be harmful, toxic, dangerous or ineligible for disposal at any
Solid Waste Management Facility located within the Town, which shall
include but not be limited to a Solid Waste or a combination of Solid
Wastes that, because of its quantity, concentration or physical, chemical
or infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in serious, irreversible or incapacitating, reversible
illness.
Pose a substantial present or potential hazard to human health
or the environment when it is improperly treated, stored, transported,
disposed of or otherwise managed.
Household waste that, but for its point of generation, would
be a Hazardous Waste.
Solid Waste discarded from single or multiple dwellings,
hotels, motels, campsites, public and private recreation areas and
other residential sources.
A disposal facility at which Solid Waste or its residue after
treatment is intentionally placed and at which such waste shall remain
after closure.
Any Collector licensed pursuant to the provisions of this
chapter.
Four or more residential units located on a single property
or contiguous properties under common ownership, control or management.
For this purpose, "residential unit" shall mean an enclosed space
consisting of one or more rooms designed for use as a separate residence
and shall include, but not be limited to, an apartment, condominium
unit, townhouse, cooperative unit, mobile home, living unit in a group
home and room or set of rooms in a boardinghouse, but shall not include
rooms within a single-family residence, motel or hotel.
Any municipal corporation, agency, school district, district
corporation, special district or improvement district located or having
jurisdiction, in whole or in part, within the confines of the Town.
Newsprint and all Newspapers and Newspaper advertisements,
supplements, comics and enclosures. "Newspaper" is a Recyclable.
All office paper, fine paper, bond paper, xerographic paper,
mimeo paper, duplication paper, magazines, paperback books, catalogs,
junk mail, computer paper, telephone books and similar material, but
shall not mean Newspaper, wax paper, plastic or foil-coated paper,
styrofoam, wax-coated food or beverage containers, carbon paper, blueprint
paper, food-contaminated paper or corrugated paper.
Any natural person, individual, partnership, corporation,
association, joint venture, corporation form, trust, estate or any
other legal entity, including a municipality.
Any over-the-counter medication or any preparation, compound,
mixture or substance that requires a prescription or any Controlled
Substance that is obtained with a prescription that permits a person
to lawfully obtain a Controlled Substance from any person authorized
to dispense Controlled Substances.
Containers composed of high-density polyethylenes (HDPE),
polyethylene terephthalate (PET) or other specific plastics as the
Town Board may designate.
Includes but are not limited to aerosol cans; air-conditioning
refrigerants; ammonia and solid bowl cleaner; antifreeze; asbestos;
bug and rodent killers, including pesticides which have been banned
or restricted for use such as 2, 4-D; bleach and disinfectants; chemistry
kits; drain cleaners and degreasers; fertilizers with herbicides;
household batteries; mercury products; nonlatex paints; paint thinner
and brush cleaner; permitted aerosol containers; Pharmaceutical Drugs;
photography chemicals; polishes and wood preservatives; swimming pool
chemicals; spot removers and other solvents; unused oven cleaners;
unused flammable liquids (fire starter); and weed killers.
Any physical material designated by this chapter, the Commissioner,
the Town Board from time to time, or by any municipality pursuant
to the implementation of a recycling program adopted by such municipality,
to be segregated from acceptable waste without otherwise processing
such Acceptable Waste. "Recyclable" includes Bottles, Cans and Plastic
Containers.
[Amended 10-21-2021 by L.L. No. 20-2021]
Any Person residing within the Town on a temporary or permanent
basis, but excluding Persons residing in hotels or motels. For purposes
of this chapter, "resident" does not include Commercial, industrial
or institutional establishments.
All putrescible and nonputrescible materials or substances,
including but not limited to materials or substances discarded or
rejected, whether as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection or for any
other reason, which are being accumulated, stored or physically, chemically
or biologically treated prior to being discarded; have served their
intended use; or are a manufacturing or mining by-product, including
but not limited to garbage, Recyclables, Bulk Items, refuse and other
discarded solid materials, including such materials resulting from
industrial, Commercial, mining and agricultural operations and from
community activities, sludges from air or water pollution control
facilities or water supply treatment facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris and offal, but not including sewage and other highly diluted
water-carried materials or substances and those gaseous forms, special
nuclear or by-product materials within the meaning of the Atomic Energy
Act of 1954, as amended, and waste that appears on the list of Hazardous
Wastes promulgated by the Commissioner of Environmental Conservation
pursuant to § 27-0903 of the Environmental Conservation
Law.
Any facility employed beyond the initial Solid Waste collection
process, including but not limited to transfer stations, baling facilities,
rail haul or barge haul facilities, processing systems, including
resource recovery facilities or other facilities for reducing Solid
Waste volume, facilities for the disposal of Construction and Demolition
Debris, plants and facilities for compacting, composting or pyrolization
of Solid Wastes, and other Solid Waste disposal, reduction or conversion
facilities.
The segregating of Solid Waste into some or all of its component
parts at the point of its generation and includes the segregation
of Recyclables from the Solid Waste stream.
The Town of North Hempstead, Nassau County, New York.
The duly elected and constituted legislative body of the
Town of North Hempstead.
That portion of Solid Waste, excluding Hazardous Waste, designated
by the Commissioner, in writing, as being unacceptable for treatment
at the Solid Waste Management Facility, which designation may include,
without limitation, explosives, pathological and biological waste,
medical waste, radioactive materials, foundry sand, sewage sludge,
cesspool and other human waste, human remains and animal carcasses,
motor vehicles, including such major motor vehicle parts as automobile
transmissions, differentials, springs, fenders, agricultural and farm
machinery and equipment, marine vessels and major parts thereof or
any other large machinery or equipment.
Any village located, in whole or in part, within the Town.
Organic yard and garden waste, leaves, grass clippings, garden
debris and brush.
A facility in which the primary activity is the collection
and processing of yard wastes for sorting and transfer to permitted
composting centers or other types of permitted organic recycling facilities.
[Added 3-19-2019 by L.L.
No. 7-2019]
[1]
Editor's Note: The former definition of "authority" and "authority
agreement," which immediately followed, were repealed 10-21-2021 by L.L. No.
20-2021.
The Town Clerk and the Commissioner shall adopt such rules and
regulations as may be necessary to effectuate the purposes of this
chapter, including such regulations as may provide for interim exemptions
from certain provisions of this chapter to Persons applying for licenses
hereunder.
A.Â
License
required for the collection and/or disposal of Solid Waste.
(1)Â
The following Persons, excluding any Village as described in Subsection A(5) below, shall be required to obtain a license for the collection and/or disposal of Acceptable Waste and/or Recyclables pursuant to this section:
(a)Â
Persons in the business of collecting and/or disposing of Acceptable
Waste and/or Recyclables or Persons acting pursuant to contracts with
the Town for transportation of Acceptable Waste, Yard Waste and Recyclables
from the North Hempstead Transfer Station to another disposal location.
[Amended 10-21-2021 by L.L. No. 20-2021]
(b)Â
Persons engaged in the collection and/or disposal of Acceptable Waste
and/or Recyclables as an accessory to their business, which includes,
but is not limited to, persons performing construction, demolition,
improvement, renovation or repair projects on any property within
the Town during which Acceptable Waste is generated; owners or tenants
of commercial properties that themselves dispose of Commercial Waste
generated at the commercial property; or persons engaged in any other
commercial activity during which Acceptable Waste is generated as
a result of the activity.
[Amended 10-21-2021 by L.L. No. 20-2021]
(c)Â
Commercial establishments that dispose of their own Acceptable Waste
and/or Recyclables.
(2)Â
All Collectors must obtain a license under this section and maintain such license at all times the Collector is performing any of the actions described in Subsection A(1) above.
[Amended 10-21-2021 by L.L. No. 20-2021]
(3)Â
In addition to obtaining a license as herein provided, each licensed
Person shall be required to obtain a permit for each vehicle, compactor,
Dumpster Container or open box used by the licensed Person for the
collection and/or disposal of Acceptable Waste and Recyclables in
the Town and shall be required to display the permit on each vehicle,
compactor, Dumpster Container or open box as required by the rules
and regulations promulgated by the Commissioner.
(4)Â
Commercial property owners, as well as a tenant, managing agent or
merchant making arrangements for the collection of Solid Waste from
Commercial property, are responsible for ensuring that such waste
is collected by a licensed carter. No Commercial property owner, tenant,
managing agent or merchant shall contract for the collection of Acceptable
Waste or Recyclables with any Person or entity unless such Person
or entity has the license required by this chapter, nor shall any
such owner, tenant, managing agent or merchant permit a Dumpster Container
or other container used for the collection of Acceptable Waste or
Recyclables to be present on its property unless such Dumpster Container
or other container has displayed on an exterior side the name, phone
number and Town of North Hempstead license number of the licensed
carter with whom it has contracted for the collection of waste.
(5)Â
Villages which engage in the collection of Acceptable Waste and/or
Recyclables utilizing Village-owned or -leased and -operated vehicles
are not required to be licensed but shall provide any information
reasonably required pursuant to any rules or regulations promulgated
by the Commissioner for any such Village's use of the Town's Solid
Waste Management Facilities.
[Amended 10-21-2021 by L.L. No. 20-2021]
B.Â
Licenses
shall be classified as Type I collection/disposal, Type IR collection/disposal,
Type II collection/disposal, Type III collection/disposal, Type IV
disposal licenses, and Type V collection/disposal license depending
upon the status and/or type of business of the applicant. The Commissioner
shall determine which type of license is applicable.
[Amended 3-19-2019 by L.L. No. 7-2019]
(1)Â
Type I collection/disposal license. Applicants who are in the business
of collecting and/or disposing of Acceptable Waste and Recyclables
generated by others are required to have a Type I collection/disposal
license to engage in such collection or disposal within the Town.
Such Persons include but are not limited to private carting companies
and companies and businesses that provide dumpster services.
(2)Â
Type IR collection/disposal license.
(a)Â
Applicants who are engaged in the business of collecting only Source-Separated
Recyclables pursuant to contracts with owners or tenants of property
are required to obtain a Type IR collection/disposal license to engage
in such collection or disposal within the Town.
(b)Â
The holder of a Type IR license may collect materials such as corrugated
paper, high-grade paper and Construction and Demolition Debris which
has been Source-Separated and placed into a separate container for
collection and recycling or reuse and which will be recycled or reused.
Each container used must be plainly marked as being for Recyclables
only and may not be used for nonrecyclables. The holder of a Type
IR license may not collect any container with nonrecyclables or mixed
loads, even if the predominant material in such container is one or
more Recyclables.
(3)Â
Type II collection/disposal license. Applicants who are engaged in
the collection and/or disposal of Acceptable Waste and Recyclables
only as an accessory to their business are required to obtain a Type
II collection/disposal license to engage in such collection or disposal
within the Town. Such Persons include but are not limited to landscaping
businesses and home improvement companies.
(4)Â
Type III disposal license. Commercial establishments, other than
those specifically excepted by the Commissioner, which dispose of
their own Acceptable Waste and/or Recyclables are required to obtain
a Type III disposal license.
(5)Â
Type IV disposal license. Charitable, fraternal and religious organizations
which maintain established meeting places within the incorporated
or unincorporated areas of the Town of North Hempstead shall also
qualify for a Type IV license and not-for-profit property owners'
associations operating principally within the Town of North Hempstead.
(6)Â
Type V collection/disposal license. Applicants who are engaged in accepting and processing yard waste (as the term is defined by § 70-231 of the Town Code) are required to obtain a Type V collection/disposal license. A Type V collection/disposal license is a prerequisite to obtaining a permit from the New York State Department of Environmental Conservation. Any applicant holding a Type V collection/disposal license shall comply with the following regulations:
(a)Â
No Yard Waste Acceptance and Processing Facility shall be operated unless it has obtained a permit pursuant to § 46-4C of this chapter and is in compliance with the terms thereof, this section, and any other applicable law, rule, or regulation.
(b)Â
A Yard Waste Acceptance and Processing Facility shall be operated
and maintained in a safe and sanitary manner so as to avoid any nuisance
or hazard to public health or safety, and in a manner consistent with
the approved site and operating plan.
(c)Â
The Yard Waste Acceptance and Processing Facility shall be operated
and maintained in a manner consistent with the site plan submitted
to the Department.
[Amended 10-21-2021 by L.L. No. 20-2021]
(d)Â
The Yard Waste Acceptance and Processing Facility shall be operated
and maintained in a manner consistent with the engineer's report submitted
to and approved by the Department.
[Amended 10-21-2021 by L.L. No. 20-2021]
(e)Â
Rules and operations of a Yard Waste Acceptance and Processing
Facility license.
[1]Â
The Licensee shall comply with the provisions of § 70-188 of the Town Code when operating a Yard Waste Acceptance and Processing Facility.
[2]Â
The Licensee shall prohibit any yard waste transport vehicle required to be licensed or permitted pursuant to § 46-4 of this chapter from depositing yard waste or removing yard waste from the Yard Waste Acceptance and Processing Facility, unless the yard waste transport vehicle is appropriately licensed or permitted.
[3]Â
Entrance into or exit from the Yard Waste Acceptance and Processing
Facility by a yard waste transport vehicle shall be permitted only
when an attendant or vehicle guide person is on duty. The loading
or unloading of any yard waste transport vehicle shall be continuously
supervised by an attendant or vehicle guide person to avoid unauthorized
deposit or removal of yard waste and injury to persons in or around
such station.
[4]Â
The Licensee shall regularly schedule and provide equipment
maintenance.
[5]Â
The Licensee shall maintain operational records, including,
but not limited to, the documentation of all incoming and outgoing
yard waste materials accepted at the Yard Waste Acceptance and Processing
Facility, contaminants removed and the final destination and disposition
of all outgoing yard waste and contaminants.
[6]Â
Within three hours of when operations at the facility have terminated,
the tipping area of all Yard Waste Acceptance and Processing Facilities
shall be free of yard waste and any contaminants and the tipping floor
shall have been thoroughly cleaned, swept, washed and deodorized.
[7]Â
Waste shall be received, processed, compacted and stored only
in areas specifically designated.
[8]Â
Storage of any and all equipment used in the operation of the yard waste recycling facility shall be in accordance with § 70-212 of the Code.
[9]Â
Noise levels generated by the operation of the Yard Waste Acceptance and Processing Facilities must be controlled in accordance with § 38-3B(7)(a)[1].
[10]Â
Mufflers are required on all internal-combustion-powered equipment
used at the Yard Waste Acceptance and Processing Facility and Tier
4 compliant emission controls.
[11]Â
A sign showing hours of operation, indicating hazardous waste,
industrial waste, medical waste, liquid waste, and asbestos waste
are prohibited from being accepted at the facility, the type of permits
held by the facility, the expiration date of its permits to operate
and the Department's complaint telephone number. The signs shall be
located so that they are visible to any vehicles and/or person approaching
the facility.
[Amended 10-21-2021 by L.L. No. 20-2021]
[12]Â
The Licensee shall prevent litter or waste from accumulating
on the streets or other areas abutting the Yard Waste Acceptance and
Processing Facility.
[13]Â
The allowable volume at any Yard Waste Acceptance and Processing
Facility shall be calculated by the Department and shall be based
on the storage capacity (estimated in total cubic yardage) of the
yard waste acceptance and processing facilities. In no event shall
such allowable volume exceed that granted by the New York State Department
of Environmental Conservation.
[Amended 10-21-2021 by L.L. No. 20-2021]
C.Â
License
procedure. Every applicant shall file a written verified application
with the Town Clerk in such form and containing such information as
the Town Clerk shall prescribe. Such information may include a list
of the customers of the applicant, a list and map of the routes of
the applicant, the volume of waste collected by it, the identity and
relevant information as to the officers, partners and shareholders
of an applicant, and the name of any affiliated or related companies
engaged or formerly engaged in waste collection.
D.Â
Insurance
and deposit. Before a license or permit may be issued by the Town
Clerk, each applicant other than a municipality applying for a collection/disposal
or disposal license shall file with the Town Clerk the following:
(1)Â
Proof of the following insurance coverage consisting of a certificate
of the insurance carrier:
(a)Â
Workers' compensation insurance.
(b)Â
Disability benefits insurance.
(c)Â
Comprehensive general liability/property damage in the combined single
limit of, for Type I Licensees, $5,000,000, or for other licensees,
$1,000,000, naming the Town as additional insured.
[Amended 10-21-2021 by L.L. No. 20-2021]
(d)Â
Automobile bodily injury liability of, for Type I Licensees, $1,000,000
(per person)/$1,000,000 (per accident), or for other licensees, $1,000,000
(per Person)/$1,000,000 (per accident), and $1,000,000 property damage.
(e)Â
Certificate cancellation requiring 30 days' written notice to the
Town Clerk.
(2)Â
Cash deposit or bond.
(b)Â
The cash deposit or bond must be in an amount equal to 250% of the
average monthly charges for use of a Solid Waste Management Facility
by the applicant during the previous year; or if the applicant has
not used a Solid Waste Management Facility, the cash deposit or bond
shall be in the amount of 250% of the estimated monthly charges to
be incurred by the applicant during the current year. The Commissioner
or Town Clerk may reduce the amount of the cash deposit or bond required
if an applicant demonstrates that it will not have, during the licensing
year, contracts for the collection of waste which it held during the
prior year and has not obtained other contracts to substantially replace
the lost waste. The Commissioner or the Town Clerk may eliminate the
amount of the cash deposit or bond required, in the form of a bond
waiver, if an applicant demonstrates that its corporation, limited-liability
company, partnership and/or sole proprietorship is not in the collection
of any Acceptable Waste currently mandated pursuant to this article,
to be delivered and disposed of at a publicly owned Solid Waste Management
Facility designated by the Commissioner. The Commissioner and Town
Clerk reserve the right to suspend or revoke this bond waiver in the
event that the previously exempted Acceptable Waste is subsequently
required to be delivered and disposed of at a publicly owned Solid
Waste Management Facility designated by the Commissioner pursuant
to this article. A bond waiver in a format acceptable to the Town
must be completed by the applicant and approved by either the Commissioner
or the Town Clerk. The Commissioner or Town Clerk may require a Licensee
to increase its cash deposit or bond during a year to 250% of a monthly
charge if it incurs charges in any single month in excess of 40% of
the amount of its cash deposit or bond. Notwithstanding the foregoing,
the minimum cash deposit or bond shall be in the amount of $20,000
for a Type I collection/disposal license, $5,000 for a Type IR collection/disposal
license and $3,000 for Type II and Type III collection/disposal licenses.
No deposit will be required from applicants for Type IV disposal licenses.
[Amended 4-6-2010 by L.L. No. 2-2010; 10-21-2021 by L.L. No. 20-2021]
[1]Â
In the event that a penalty is assessed pursuant to the provisions
of this chapter, the Commissioner or Town Clerk may deduct the amount
of such penalty from the cash deposit.
[2]Â
The Licensee must maintain the required cash deposit or bond
at all times, and failure to maintain said cash deposit or bond after
three days' notice and demand will allow the Town Clerk to suspend
such Person's license. The Town Clerk shall also be entitled to suspend
the license of any Licensee which is more than 30 days late on payment
of any bill for disposal from the Department.
E.Â
Every
Licensee shall keep such records and accounts as the Commissioner
shall require and shall provide the Commissioner with such reports
upon a form supplied by the Commissioner.
F.Â
The
Commissioner or Town Clerk shall have the right to inspect books of
account and records maintained by the Licensee.
G.Â
Issuance
of licenses and permits.
(1)Â
Licenses and permits required by this chapter shall be issued by
the Town Clerk following a review and approval of an application and
upon payment by the applicant of a fee in accordance with the fee
schedule set forth below:
[Amended 3-19-2019 by L.L. No. 7-2019]
(a)Â
Fee for Type I collection/disposal license. The fee for a Type I
collection/disposal license shall be shown in the Town of North Hempstead
Fee Schedule, which will include a permit for one vehicle. For each
additional vehicle used by the applicant in the collection, transportation
or disposal of Acceptable Waste, the permit fee shall be shown in
the Town of North Hempstead Fee Schedule. The permit fee for each
compactor or open box shall be shown in the Town of North Hempstead
Fee Schedule.
(b)Â
Fee for Type II collection/disposal license. The fee for a Type II
collection/disposal license shall be shown in the Town of North Hempstead
Fee Schedule, which will include a permit for one vehicle used by
the applicant in the collection, transportation or disposal of Acceptable
Waste. For each additional vehicle used by the applicant in the collection,
transportation or disposal of Acceptable Waste, the fee shall be shown
in the Town of North Hempstead Fee Schedule.
(c)Â
Fee for Type III disposal license. The fee for a Type III disposal
license shall be shown in the Town of North Hempstead Fee Schedule,
which will include a permit for one vehicle used by the applicant
in the collection, transportation or disposal of Acceptable Waste.
For each additional vehicle used by the applicant in the collection,
transportation or disposal of Acceptable Waste, the fee shall be shown
in the Town of North Hempstead Fee Schedule.
(d)Â
Fee for Type IV disposal license. The fee for a Type IV disposal
license shall be shown in the Town of North Hempstead Fee Schedule.
(e)Â
Fee for Type IR collection/disposal license. The fee for a Type IR
collection/disposal license shall be shown in the Town of North Hempstead
Fee Schedule, which will include a permit for one vehicle. For each
additional vehicle used by the applicant in the collection, transportation
or disposal of Recyclables, the permit fee shall be shown in the Town
of North Hempstead Fee Schedule. The permit fee for each compactor
or open box shall be shown in the Town of North Hempstead Fee Schedule.
(f)Â
Fee for Type V collection/disposal license. The fee for a Type
V collection/disposal license shall be shown in the Town of North
Hempstead Fee Schedule, which shall include a license for one Yard
Waste Acceptance and Processing Facility.
(2)Â
Upon filing of an affidavit and such other proof as may be required
by the Commissioner, a substitute permit or replacement of a lost
permit may be issued upon the payment of the fee shown in the Town
of North Hempstead Fee Schedule.
[Amended 10-21-2021 by L.L. No. 20-2021]
(3)Â
Each vehicle license issued pursuant to this chapter shall be issued
as of the date of the granting thereof and shall expire on the 31st
day of December next succeeding such date, unless sooner suspended
or revoked; provided, however, that a Type V collection/disposal licenses
shall be issued as of the date of the granting thereof and shall expire
on the third succeeding 31st day of December, unless sooner suspended
or revoked. Each license/permit for a Container or open box issued
pursuant to this chapter shall expire two years from the 31st day
of December in the year in which such license/permit was issued, unless
sooner suspended or revoked.
[Amended 4-6-2010 by L.L. No. 2-2010; 3-19-2019 by L.L. No. 7-2019]
(4)Â
No license shall be issued to any applicant if either its Solid Waste license has been revoked or is under a suspension, or if the applicant is affiliated with or under common ownership or control with a company whose Solid Waste license has been revoked or is under a suspension. The Town Clerk shall be entitled to all relevant information, including sworn statements, to ascertain whether an applicant is affiliated with or under common ownership or control with another company. "Control" shall mean either legal or de facto control. Where more than four years have elapsed from the date of a revocation of a license, the Town Board may by resolution waive the prohibition in this Subsection G(4) if it determines that issuance of a license will be in the public interest.
H.Â
Acceptance
of license. Acceptance of a license issued under this chapter shall
be deemed a contract by the holder thereof to abide by the provisions
of this chapter. In the event that the holder shall be in breach of
such undertaking, the Town, in addition to all other remedies herein,
shall be entitled to such liquidated damages as may be provided for
in such license.
A.Â
Town Board's authority to revoke or suspend. Any license or permit issued hereunder may be suspended or revoked by the Town Board after a hearing upon notice, as set forth below, which establishes the requisite grounds in the discretion of the Town Board. No permit shall be suspended, except as provided in § 46-5D hereof, or revoked hereunder without a hearing thereon upon written notice to the permittee.
B.Â
Grounds
for suspension only. The Town Board shall be empowered to suspend
a license or permit if the Licensee is indicted or charged, upon an
information duly filed with public authorities, for or with the commission
of any crime or offense until the Licensee is either convicted or
acquitted.
C.Â
Grounds
for suspension or revocation. The Town Board, in its discretion, is
empowered to either suspend or revoke a license or permit if the Licensee
is:
(1)Â
Convicted of any crime.
(2)Â
Convicted of any violation of any:
(a)Â
Provision of this chapter;
(b)Â
Rule or regulation adopted under this chapter or Article XX of Chapter 23 of the Town Code;
[Amended 10-21-2021 by L.L. No. 20-2021[1]]
[1]
Editor's Note: This local law also repealed former Subsection
C(2)(c), Authority bylaw, which immediately followed, and redesignated
former Subsection C(2)(d) through (f) as Subsection C(2)(c) through
(e), respectively.
(c)Â
Town ordinance;
(d)Â
Ordinance or regulation of the state; or
(e)Â
Ordinance or regulation of any municipality within the state.
(3)Â
Guilty of making a false statement or misrepresentation in his application
for any permit issued pursuant to this chapter.
D.Â
Temporary suspension of license or permit pending a hearing. The Town Clerk, upon receiving information giving him reasonable cause to believe that any Licensee hereunder violated any provision of this chapter, has been convicted of any violation listed in § 46-5B or C, has been either indicted for or charged with any crime or offense or is guilty of having made a false statement or misrepresentation in his application for any license or permit issued hereunder, may forthwith temporarily suspend such license or permit until the Town Board is able to conduct a hearing.
E.Â
Procedure
for hearings.
(1)Â
Timing. Whenever the Town Board holds a hearing to revoke or suspend
a permit issued pursuant to this chapter, such hearing shall be held
on a date and at a place and hour designated by the Town Board. Such
designation must conform to the time limits established hereunder.
(2)Â
Notice. A written notice of any hearing to be held by the Town Board
for the revocation or suspension of any permit issued pursuant to
this chapter shall be given to the permittee either in Person or by
registered or certified mail. Any mailing shall be forwarded to the
permittee's last known address and shall be postmarked not less than
10 nor more than 30 days prior to the hearing date. The notice shall
advise the permittee of the date, place and time designated for the
hearing and shall set forth specifically the grounds for complaint.
(3)Â
Rights of the permittee. The permittee involved shall be entitled
to:
(4)Â
Unsworn testimony. There shall be no requirement of sworn testimony
by any of the witnesses or the permittee.
F.Â
Finality of Board determination. The findings of the Town Board at the hearing shall determine whether there are sufficient grounds for suspending a permit, pursuant to § 46-5B or C or for revoking a permit pursuant to § 46-5C. Where the findings establish sufficient grounds for suspension, the Town Board may suspend the permit. Where the findings establish sufficient grounds for either revocation or suspension, the Town Board, in its discretion, may suspend or revoke the permit. The Town Board, after such hearing, shall make such decision or determination as, in its opinion, ought to be made.
A.Â
It
shall be unlawful for:
(1)Â
Any Person, other than a Licensee or a Village not required to be licensed under § 46-4A(5), to collect Acceptable Waste that has been placed at the Curbside for collection pursuant to this chapter.
(2)Â
Any Person, other than a Licensee or a Village not required to be licensed under § 46-4A(5), to collect any Recyclable that has been placed at the Curbside for collection or within a recycling collection area pursuant to this chapter.
(3)Â
Any Person to violate or to cause or to assist in the violation of
any provision of this chapter or any implementing rule or regulation
promulgated by the Commissioner.
(4)Â
Any Person to hinder, obstruct, prevent or interfere with Town employees
or any other authorized Persons in the performance of any duty under
this chapter or in the enforcement of this chapter.
[Amended 10-21-2021 by L.L. No. 20-2021]
B.Â
All
unlawful conduct set forth in this section shall constitute a violation.
Each day or a part of a day on which violation(s) or failure continues
shall constitute a separate violation(s). Each violation of this chapter
shall constitute a separate offense.
C.Â
It
shall be the responsibility of the Commissioner and the Town Clerk,
in consultation with the Town Attorney, to enforce the provisions
of this chapter and all rules and regulations promulgated hereunder,
including regulations of the Commissioner. Such enforcement shall
be by such legal or equitable proceedings, including, without limitation,
damages, or for injunction to restrain a violation of this chapter
or specific performance brought in the name of the Town of North Hempstead,
as may be provided or authorized by law.
[Amended 10-21-2021 by L.L. No. 20-2021]
A.Â
Any Person, other than a Village that is located, in whole or part, within the Town, its officers and employees, acting within their municipal duties, who violates any of the provisions of this chapter, other than § 46-14 of this chapter, or who fails to perform any duty imposed by this chapter or any rules or regulations promulgated pursuant to it or any final determination or order of the Commissioner or Town Board made pursuant to this chapter, shall be guilty of a violation and, upon conviction thereof in a court of competent jurisdiction, shall be punished by the following fines:
(1)Â
For conviction of a first offense, by a fine of not less than $1,000
and not more than $5,000.
(2)Â
For conviction of the second of two offenses, both of which were
committed within a period of two years, by a fine of not less than
$2,500 and not more than $10,000.
(3)Â
For conviction of a third or subsequent offense of a series of offenses,
all of which were committed within a period of five years, by a fine
of not less than $5,000 and not more than $25,000.
B.Â
Any Person, other than a Village that is located, in whole or part, within the Town, its officers and employees, acting within their municipal duties, who violates § 46-14 of this chapter shall be guilty of a violation and, upon conviction thereof in a court of competent jurisdiction, shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed 15 days or by a term of community service related to the purpose of this chapter, or any combination of the above penalties. For a conviction of a second offense, both of which were committed within a period of three years, punishment shall be by a fine of not less than $2,500 nor more than $10,000 or imprisonment for a period not to exceed 15 days or by a term of community service related to the purpose of the chapter, or any combination of the above penalties. Upon conviction for a third or subsequent offense, all of which were committed within a period of three years, punishment shall be by a fine of not less than $5,000 nor more than $25,000 or imprisonment for a period not to exceed 15 days or by a term of community service related to the purposes of the chapter, or any combination of the above penalties.
C.Â
Violations by any Person, other than a Village that is located, in
whole or part, within the Town, its officers and employees, acting
within their municipal duties, shall be recorded by designated enforcement
staff and issued through formal notices of violations and/or uniform
appearance tickets. Uniform appearance tickets shall be answerable
in District Court.
D.Â
In addition to the penalties provided in this section, licenses or permits shall be subject to suspension or revocation for any of the reasons set forth in § 46-5.
E.Â
In lieu of enforcement of this chapter by way of prosecution, revocation
of permits or other means, the Commissioner, or his duly authorized
representative, may seek to obtain the voluntary compliance with this
chapter by way of notice, warning or educational means, as deemed
appropriate in the discretion of the Commissioner, taking into consideration
all of the circumstances surrounding such violation. This section
shall not be construed to require that such noncompulsory methods
must be employed or attempted before proceeding by way of compulsory
or other legally prescribed procedures.
F.Â
In the case of violations alleged to have been committed by a Village,
its officers, employees or agents, the Town or Commissioner, or duly
authorized representative, shall first send a notice of violation
to the Village Mayor and Board of Trustees, or other governing body,
for consideration of corrective action, prosecution or enforcement.
Upon the expiration of 30 days from the giving of such notice and
the failure to cure said violation, the Town may enforce this chapter
by pursuing remedies and penalties provided for in this section.
[Amended 10-21-2021 by L.L. No. 20-2021]
[Added 4-6-2010 by L.L. No. 2-2010]
The following shall be rebuttable presumptions in the enforcement
and prosecution of the provisions of this chapter:
A.Â
The placement or presence of any Dumpster Container, open box or
other container which is marked or identified with the name, symbol
or other indicia of any person or entity, at any location within the
Town, shall be presumptive evidence that said person or entity is
providing Solid Waste collection services at said location within
the Town as of the date of said placement or presence.
[Amended 10-21-2021 by L.L. No. 20-2021]
B.Â
Evidence of Solid Waste in a Dumpster Container, open box or other container located as described in § 46-6.2A above, and subsequent observation of the same Dumpster Container, open box or other container empty, shall be presumptive evidence that Solid Waste was collected from such Dumpster Container, open box or other container by the person or entity whose name, symbol or other indicia is marked or identifiable on such Dumpster Container, open box or other container.
[Amended 10-21-2021 by L.L. No. 20-2021]
C.Â
The failure to deliver any Solid Waste to a publicly owned Solid
Waste Management Facility designated by the Commissioner within 18
hours of the collection of Solid Waste from any location within the
Town shall be presumptive evidence that the Solid Waste was disposed
of at a location other than a publicly owned Solid Waste Management
Facility designated by the Commissioner; provided, however., that
the foregoing presumption shall not apply to the collection of construction
and demolition debris in dumpster containers placed at commercial
and residential properties that are undergoing work subject to a permit
issued by the Department of Building Safety, Inspection and Enforcement.
[Amended 10-21-2021 by L.L. No. 20-2021]
D.Â
Service upon any Person in a manner consistent with the requirements of § 46-5E(2) of this chapter shall be presumptive evidence that such notice was received by that Person.
E.Â
The failure of any Person charged under this chapter to rebut the
presumption shall not mean that the trier of fact must find the person
guilty or that the burden of proof relative to the underlying charge(s)
has been shifted upon the accused.
[Amended 10-21-2021 by L.L. No. 20-2021]
Charges for the acceptance of Solid Waste shall be at such a rate as the Town Board, by resolution, shall determine. Any change of a rate shall be effective as applicable to Licensees 30 days after notice thereof is mailed to such Licensees. As to all other users of the facilities, a change of rate shall be effective upon the action of the Board. Notwithstanding the above, the rate charged to Villages shall only be modified annually as set forth in § 46-21.
A.Â
Collection vehicles. Every collection vehicle shall be maintained,
operated and used at all times only in full compliance with all applicable
provisions of law, federal, state and local, and of this Sanitation
Code and all applicable rules and regulations adopted thereunder.
Every collection vehicle shall be loaded at all times in such a manner
and by such methods as to prevent the release or discharge of dust
and so prevent the spillage of refuse upon the sidewalks or streets,
and every operator of a vehicle shall remove immediately from sidewalks
or streets all refuse which is spilled, littered or thrown thereon
in loading operations or in the handling and return of receptacles
or while traveling. Any and all drains on collection vehicles shall
be closed at such times as such trucks are in operation.
[Amended 10-21-2021 by L.L. No. 20-2021]
B.Â
Vehicle operations. The following specific regulations regarding
collecting Acceptable Waste and the operation of collection vehicles
shall be observed:
(1)Â
Solid Waste disposal. It shall be unlawful for any Person to leave, deposit or dump any Solid Waste anywhere in the Town except at any of the Town Solid Waste management facilities designated by the Commissioner. This shall not apply to any Village, and officers and employees thereof acting within their municipal duties, which engages in the collection of Acceptable Waste and/or Recyclables and utilizes Village-owned or -leased and -operated vehicles and which declared itself exempt under § 46-22 of this chapter and which has not applied for and been granted reinstatement under § 46-23 thereof.
(2)Â
Watertight containers or vehicles required. No Person shall remove
any Solid Waste of any kind from the premises of any Person or cart
or transport the same through or upon any street, avenue, parkway
or highway within the Town except in trucks or wagons securely covered
with tarpaulins and having watertight bodies and covered containers.
(3)Â
Careful operation. Operators of all types of collection vehicles
shall exercise care at all times to prevent the making of unnecessary
or avoidable noise in their operations. Each open-top box-type vehicle
body shall be kept securely and fully covered, except when actually
engaged in collection, so as to prohibit any refuse from being discharged
while the vehicle is in transit.
(4)Â
Reworking loads. Refuse loaded in or upon collection vehicles shall
not be reworked, resorted, picked over or rehandled while the vehicle
is on the streets, and refuse shall not be transferred nor reloaded
from a vehicle to or into any other vehicle while on the streets or
any private or public property. Refuse shall not be carried at any
time upon any collection vehicle other than solely within the vehicle
body or solely within containers on or in the vehicle body.
[Amended 10-21-2021 by L.L. No. 20-2021]
(5)Â
Emptying vehicles. After refuse is dumped for disposal, the vehicle
body and each container used shall be emptied thoroughly and cleaned
of all loose materials.
(6)Â
Cleaning vehicles. Each collection vehicle and each container shall
be frequently cleaned and washed and periodically disinfected in order
to prevent obnoxious odors, unsightly conditions, vermin infestation
and other conditions inimical to the public health, safety and welfare.
(7)Â
Vehicle closure. All loading hoppers, doors, covers and other enclosures
of loader openings of all collection vehicles, transfer vehicles,
roll-off containers and boxes shall be kept closed and secured at
all times, except during actual loading and unloading of the particular
opening.
(8)Â
Collecting hours. No collection of Solid Waste shall be made between
the hours of 6:00 p.m. and 6:00 a.m., unless authorized by a Village
rule, regulation or ordinance.
Each vehicle engaged in the collection and disposal of Acceptable Waste and operating under a permit shall be numbered, lettered and weighed pursuant to the rules and regulations promulgated by the Commissioner. Each Dumpster, container, open box or other container used by a Licensee, except a Village not required to be licensed under § 46-4A(5), for the collection of Solid Waste or Recyclables shall display the name, telephone number and Town license number of the Licensee or name of such Village on an exterior side of said container. Except for such Village's vehicles and containers, the Commissioner may promulgate a rule establishing a minimum size for such lettering.
[Amended 10-21-2021 by L.L. No. 20-2021]
No license for the collection and/or disposal of Acceptable
Waste within the Town shall authorize or entitle a Person holding
such a license to collect Hazardous Waste or Unacceptable Waste within
the Town and/or to dispose of the same at any Solid Waste Management
Facility within the Town. Household Hazardous Waste shall be Source-Separated
and disposed of pursuant to regulations promulgated by the Commissioner. Notwithstanding
the above, Household Hazardous Waste may be disposed of at Household
Hazardous Waste events organized by the Town or another municipal
entity allowing participation by residents of the Town. No person
may place at Curbside for collection any Household Hazardous Waste
or Unacceptable Waste.