The purpose of this article is two-fold.
A.
The purpose is to ensure that solid waste is transported
and disposed of or recycled in an environmentally safe and sound manner.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
Provision of additional information.
(1)
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.
(2)
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.
E.
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.
A.
For the purpose of assisting the Town Board in determining
the good character, honesty and integrity of applicants, all applicants must
submit:
(1)
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.
(2)
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.
(3)
The following information:
(a)
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;
(b)
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;
(c)
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;
(d)
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;
(e)
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;
(f)
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;
(g)
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.
(4)
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
(1)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
No licensee shall require a customer to pay liquidated
damages for early contract termination.
(8)
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.
(9)
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.
(10)
No licensee shall discontinue service to any customer,
except upon 30 days' written notice to such customer.
(11)
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.
(12)
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.
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.
B.
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,
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Goshen Customer's Bill of Rights
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Contract for Solid Waste Services
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between
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and
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Service Provider
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Customer
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Pursuant to Chapter 80B of the Laws of the Town of Goshen, the customer shall be entitled to the following rights which cannot be waived:
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1.
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This service contract shall not exceed two years in duration unless
the customer is a municipality.
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2.
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A service contract which provides for automatic renewal shall be terminable
by the customer, without penalty, on 30 days' written notice to the service
provider at any time during any renewal term of the service contract.
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3.
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The customer shall not be required to give the service provider more
than 30 days' notice of its intent to exercise its option to terminate or
its option to renew an existing service contract prior to the expiration of
such existing service contract.
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4.
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All service contracts shall be terminable by the customer, without penalty,
during the final 30 days of any regular service contract term or for the thirty-day
period following any and all proposals made to a customer by the service provider
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.
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5.
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Any notice of service contract termination from the service provider
to the customer shall be in writing, unless otherwise requested by the customer.
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6.
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Any notice of service contract termination from the customer to the
service provider may be made by the customer or the customer's agent either:
in writing by facsimile or regular mail; or orally by a telephone call to
the service provider's office.
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7.
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In the event that the service provider's license to provide solid waste
services is suspended or revoked by the Town of Goshen Town Board, the service
provider shall notify the customer, in writing, within five business days
of the suspension or revocation.
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8.
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A customer who is notified, by the service provider or otherwise, of
the suspension or revocation of its service provider's license may, immediately
and without penalty, terminate this service contract.
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9.
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In the event of service contract termination prior to the end of any
regular contract term, the service provider shall not require the customer
to pay liquidated damages.
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10.
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The customer shall not be required to inform the service provider of
competitive offers which it may receive for the removal, collection or disposal
of refuse and recyclable materials.
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11.
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The customer shall not be required to give the service provider an opportunity
to match the terms of a competitive offer.
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12.
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The customer shall not be required to contract exclusively with the
service provider named herein for the removal of the customer's refuse and
recyclable materials. However, a municipal customer may request such an exclusivity
provision in its service contracts pursuant to its procurement policy.
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13.
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The service provider herein shall not discontinue service to the customer
unless at least 14 days' advance written notice has been given to such customer.
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14.
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The service provider shall give the customer no less than 30 days' advance
written notice of proposed rate increases. Upon receipt of such written notice,
a customer may terminate its service contract, without penalty, by giving
14 days' notice to the service provider.
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15.
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In the event that the service provider herein shall fail to comply with
any of the requirements provided above in connection with this contract for
solid waste services, the customer shall be entitled to, immediately and without
penalty, terminate this service contract. In the event that the customer believes
that such a failure to comply has occurred, the customer is urged to consult
with the Town of Goshen Town Board in order to clarify the customer's rights
and obligations pursuant thereto.
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16.
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All customers have the right and are encouraged to contact the Town
of Goshen Town Board to register a complaint against a service provider in
the event that the service provider fails to provide the services as agreed
under the service contract, fails to comply with the requirements outlined
in this Customer Bill of Rights or engages in any of the following prohibited
practices:
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(i)
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Makes a false or misleading statement to the customer or a prospective
customer;
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(ii)
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Threatens or attempts to intimidate a customer or a prospective customer;
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(iii)
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Imposes or attempts to impose liquidated damages upon a customer for
termination of a service contract;
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(iv)
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Retaliates against a customer or prospective customer that has made a complaint to the Town of Goshen Town Board or has exercised or attempted to exercise a right under Chapter 80B of the Laws of the Town of Goshen; or
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(v)
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Discourages a customer or prospective customer, who has a question or
inquiry concerning the customer's or the prospective customer's rights or
obligations concerning solid waste, from contacting the Town of Goshen.
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The term of any license issued pursuant to this article shall be two
years from the date of issuance.
