The purpose of this article is two-fold.
The purpose is to ensure that solid waste is transported and disposed of or recycled in an environmentally safe and sound manner.
The second purpose of this article is to address anti-competitive effects in the industry including, but not limited to, price-fixing; the prevention of new entry into the industry; the existence of unconscionable customer contract terms; and the incidence of corruption. To address this problem and matters of public concern, the Goshen Town Board has, through this chapter, sought to, inter alia, expand the license application process; to modify the standard by which licenses for solid waste and recycling collection businesses are issued by the Town in order to ensure the good character, honesty and integrity of licensees; to institute a registration process for those solid waste brokers which may operate in the Town; to encourage new entry into the industry; to encourage competition; to regulate and monitor customer contracts for solid waste and recyclables collection; and to expand the penalties for violation of the standards established herein.
The licensing and registration requirements set forth in this article shall apply to all haulers, except where such activities are conducted by the county or by a municipality.
It shall be unlawful for any person to conduct hauling activities in the Town of Goshen without having first obtained a license therefor pursuant to the provisions of this article.
Any license or registration shall be in the nature of a privilege subject to the terms and conditions set forth in this article and shall not be deemed to create a property interest or right with respect to the persons who conduct hauling activities in the Town of Goshen. Such licenses and/or registrations are not transferable upon sale or transfer of ownership of a licensed or registered business, except with the prior written approval of the Town, after submission of a completed license application or registration application by the purchaser or transferee, pursuant to the provisions of this article.
The Town shall refuse to issue or renew a license or registration in the event that such issuance or renewal conflicts with or is prohibited by any other applicable provision of federal or state law. Such denial or nonrenewal shall not be subject to the notice and hearing procedures of this article.
An applicant for a hauling license shall submit an application in writing on a form prescribed by the Town Board, along with the required fees. Such application shall contain a letter of certification, sworn and certified under penalty of criminal prosecution, that the information disclosed in conjunction with the application is complete and accurate to the best of the applicant's knowledge and belief and has been prepared based upon a diligent search of all business and other records in its possession or control. Such application shall require the disclosure of information regarding the financial, contractual or employment relationships, if any, which may exist between such applicant and any business engaged in the collection, removal or disposal of solid waste or a predecessor solid waste business. Any and all such relationships shall be indicated on the license or registration, if any, subsequently issued to such applicant. Such application shall also require that the applicant provide a business telephone number and a business address in the County of Orange where notices may be delivered and legal process may be served and where records which may be required pursuant to this article or by the Town Board shall be maintained and the name of a person of suitable age and discretion who shall be designated as agent for the service of legal process. The applicant shall also specify its federal or state tax identification number in each application submitted to the Town Board. Each applicant and principal, and any other party which is required to comply with the disclosure requirements set forth in this article, shall also be required to provide to the Town Board all such releases as may be necessary for the Town Board, or its designee, to verify all information disclosed at the time of application submission.
Upon submission by the applicant, the Town Board shall determine whether the application submitted is complete. If the Town Board determines that the application is incomplete, it shall notify the applicant, in writing, within 60 days of receipt of the application, and shall list the insufficiencies of the application. If the applicant does not submit the additional application materials as required by the Town Board within 30 days of the date of the Town Board's notice of incomplete application, the Town Board may deny the application.
An applicant shall have a continuing obligation to inform the Town Board of any changes in the ownership composition of the applicant; the addition or deletion of any principal; the arrest or criminal conviction of any principal of the applicant; or any other material change in the information submitted on the application for the license, which occurs subsequent to the making of the application or the issuance of the license or registration.
Provision of additional information.
Notwithstanding any provision of this article, the Town Board may, at its discretion, require that such applicant provide, within a reasonable time, any additional information which the Town Board may deem necessary, and may, after notice and the opportunity to be heard, refuse to license or register such applicant for the reasons set forth in this article.
At any time subsequent to the licensing or registration of any applicant, the Town Board may, at its discretion, require the provision, within a reasonable time, by a licensee of any additional information which the Town Board may deem necessary.
In order for any person to qualify for review of a license application, the Town Board must first determine that the person has completed a license application, has signed the letter of certification and has submitted all other documentation and fees required of an applicant for licensing or registration under the applicable provisions of this article and as set forth below.
For the purpose of assisting the Town Board in determining the good character, honesty and integrity of applicants, all applicants must submit:
A list identifying all vehicles, by vehicle identification number, owned, leased or controlled by the applicant which will be used in the collection, storage, transfer, transportation, processing or disposal of solid waste, yard waste, construction and demolition debris or recyclables generated, originated or brought within the Town. Applicants shall provide a copy of the state registration documentation for each such vehicle. Only those vehicles which are identified in conjunction with the application may be utilized by the licensee pursuant to that license, unless subsequently approved in writing by the Town Board.
The following information: a list of the names, dates of birth and home addresses of all principals of the applicant and of any manager or other person who has policy or financial decision-making authority in the business; a list of the names and job titles of all employees of the applicant who are or will be engaged in the operation of the business; the notarized certificate of business if a sole proprietorship; the partnership papers if a partnership; or the certificate of incorporation if a corporation; and such other information as the Town Board shall determine by rule will properly identify such employees.
The following information:
A listing of the names and addresses of any person having a beneficial interest in the applicant, and the amount and nature of such interest;
List of all criminal convictions, in any jurisdiction, of the applicant and each of its principals and of any manager or other person who has policy or financial decision-making authority in the business;
A listing of all pending civil, criminal or administrative actions or proceedings to which such applicant or any of its principals or of any manager or other person who has policy or financial decision-making authority in the business is a party, including but not limited to, indictment and arrests;
A listing of any determination by a federal, state or county regulatory agency of a violation by such applicant or any of its employees or principals of laws or regulations relating to the conduct of the applicant's business where such violation has resulted in the suspension or revocation of a permit, license or other permission required in connection with the operation of such business or in a civil fine, penalty, settlement or injunctive relief;
A listing of any determination in a civil proceeding that the applicant or any principal or employee of the applicant has committed a negligent or intentionally tortious act in relation to the handling, storing, treating, disposing or transporting of solid, hazardous, infectious, medical or regulated waste, as those terms may be defined under New York State law, or has been convicted in a criminal proceeding of a crime involving the handling, storing, treating, disposing or transporting of solid, hazardous, infectious, medical or regulated medical waste;
A listing of any determination in an administrative, civil or criminal proceeding that the applicant or any of its principals or employees has violated any environmental law;
A listing of any adjudication by a court of competent jurisdiction that the applicant has committed unfair trade practices or conduct in restraint of competition, including, but not limited to, violation of the provisions of the Sherman Anti-Trust Act (15 U.S.C. §§ 1 and 2), the Clayton Act (15 U.S.C. § 18), the Robinson Patman Act (15 U.S.C. § 12 et seq.), the Federal Trade Town Board Act (15 U.S.C. § 45 et seq.), § 340 et seq. of the New York State General Business Law or equivalent violation of the laws of any other jurisdiction.
Notwithstanding the foregoing, disclosure of information relating to the principals and employees of any applicant shall be limited to information relating to the activities or conduct of such principal or employee in connection with the applicant's business, the business of any predecessor solid waste business or the solid waste and recycling industry.
The applicant is required to submit a signed letter of certification that the applicant has read and is familiar with the requirements of the license and the provisions of all laws which pertain to the collection, transportation and disposition of solid waste, yard waste, construction and demolition debris and recyclables, including, but not limited to, this chapter.
Upon payment of the license fee(s) and compliance with all other applicable requirements and the Town Board's determination that the applicant has met the required standards, the Town Board will issue a license, together with a decal, for each vehicle covered under the license. The decals issued shall be securely fastened and conspicuously displayed on the vehicles for which they are issued, according to the directions of the Town Board. The license shall be securely fastened and conspicuously displayed in the principal office or location where the licensee conducts business. Copies of the license shall be conspicuously displayed at any other office or location where the licensee conducts business in the county.
Applications to modify any existing license shall follow the same procedures required for an application for a license, except that the Town Board shall require only that the licensee supplement information not supplied in the original license application and to pay fees only for any collection vehicles in addition to those for which fees were paid under the original license.
All licensees shall enter into written service contracts for the collection, hauling and disposal of solid waste and recyclables with all residential and nonresidential customers. The licensee shall comply with all provisions of such service contracts including, where applicable, the terms relating to the agreed-upon time, place and frequency of the collection of waste.
All licensees shall comply with the following service contract requirements for all services within the Town of Goshen which cannot be waived by agreement and which requirements shall be memorialized in each such service contract under the heading entitled "Customer Bill of Rights" and which shall take substantially the form which is set forth herein.
A service contract must be easily readable, in plain understandable language, and clearly labeled "Contract for Solid Waste Services" or "Service Contract," and shall contain a provision which requires that the licensee provide written notice to all customers, within five business days, of any suspension or revocation of its permit or license. The service contract shall also contain a provision which allows for the immediate termination of such service contract by the customer, without penalty, in the event of the suspension or revocation of the permit or license held by the hauler or solid waste broker pursuant to this chapter.
Any service contract which provides for automatic renewal shall be terminable by the customer, without penalty and upon 30 days' written notice, during any renewal term of such service contract.
No licensee shall require a customer to exercise its option to terminate or its option to renew an existing contract more than 30 days prior to the expiration of such existing service contract.
All service contracts shall be terminable by the customer, without penalty, during the final 30 days of any regular contract term or for the thirty-day period following any proposal made by the licensee with whom the customer currently contracts, where such proposal includes a proposal for a new service contract prior to the end of the regular term of the existing service contract.
Unless otherwise requested by a customer, notice of termination of service contracts by a customer shall be made by the customer or his/her/its agent, in writing, by regular mail or facsimile, or orally, by a telephone call made by the customer or his/her/its agent to the offices of the licensee. A notice of termination issued by a licensee shall be in writing.
No licensee shall require a customer to pay liquidated damages for early contract termination.
No licensee shall require a customer to give notice of receipt of any competitive offer for the removal, collection or disposal of solid waste, nor shall a service contract require that the customer grant the licensee the right to match the terms of any competitive offer.
Unless requested by the municipal customer as part of the terms of a request for proposal made by a municipality, no service contract shall require a customer to contract exclusively with one licensee for the removal of all of a customer's refuse and recyclable materials.
No licensee shall discontinue service to any customer, except upon 30 days' written notice to such customer.
No licensee shall increase the rates charged to any customer except upon 30 days' written notice to the customer, outlining the proposed rate increases. Upon receipt of such written notice, a customer may terminate such service contract, without penalty, upon giving 14 days' notice to the licensee.
The licensee shall promptly provide each customer with any and all informational notices which the Town Board may, in its reasonable discretion, develop in accordance with the provisions of this chapter.
A licensee who arranges for the provision of services by a subcontractor or an assignee for the removal, collection or disposal of solid waste shall give notice of such subcontracting or assignment to all customers of the licensee who will be required to utilize the services of such subcontractor or assignee, or whose services will otherwise be impacted by such subcontracting or assignment, prior to the provision of services by such subcontractor or assignee. Such notification shall be made by certified mail, with the receipt of delivery thereof maintained by the licensee. Each such licensee shall also notify each customer of the customer's unilateral right to terminate, without penalty, its service contract upon 15 days' written notice to the licensee. Notice of such termination right shall be given to each customer no less than 60 days prior to the commencement of services by each such subcontractor or assignee.
No subcontracting or assignment of services by the licensee shall eliminate any obligation on the part of such licensee to maintain compliance with the provisions of this chapter,
The term of any license issued pursuant to this article shall be two years from the date of issuance.