A. 
In addition to any other lawful basis, the Town Board may, after notice and the opportunity to be heard, refuse to issue a permit or license to an applicant who lacks good character, honesty and integrity. Such notice shall specify the reasons for such refusal.
B. 
In making the determination to refuse to issue a permit or license, the Town Board may consider, but is not limited to:
(1) 
Failure by such applicant or any of its principals to provide truthful information in connection with the application or the failure of the applicant or any of its principals to provide truthful information in connection with any duty outlined in this chapter;
(2) 
A pending indictment or criminal action against such applicant for a crime which, under this chapter, would provide a basis for the refusal to issue such permit or license or a pending civil or administrative action to which such applicant, or any principal of such applicant is a party and which directly relates to the fitness to conduct the business or perform the work for which the permit or license is sought. Notwithstanding any other provisions of this chapter to the contrary, in lieu of refusing to issue a permit or license, the Town Board may defer consideration of an application until such time as a decision has been reached by the court or administrative tribunal before which such indictment, criminal or civil action is pending;
(3) 
Conviction of such applicant or any principal of such applicant for a crime which, considering the factors set forth in § 753 of the Correction Law, would provide a basis under such law for the refusal to issue such permit or license;
(4) 
A finding of liability against an applicant or any principal of such applicant in a civil or administrative action that bears a direct relationship to the fitness of the applicant or any of its principals to conduct the business for which the permit or license is sought;
(5) 
Having been or being a principal in a predecessor solid waste business as such term is defined in this chapter, where the Town Board has denied or has revoked a permit or license or would have been authorized to deny or revoke a permit or license to such predecessor solid waste business pursuant to this subsection;
(6) 
Failure of the applicant or any principal of the applicant to pay any tax, fine, penalty or fee related to the business of the applicant for which liability has been admitted by the person liable therefor or for which judgment has been entered by a court or administrative tribunal of competent jurisdiction.
A. 
In addition to any other lawful basis, the Town Board may deny renewal of a permit or license, revoke or suspend a permit or license or take appropriate action against the privileges of a permittee or licensee, including, but not limited to, a modification of its terms when the permittee or licensee and/or any of its principals, employees and/or agents have been found by a court or an administrative tribunal of competent jurisdiction, or by the Town Board itself:
(1) 
To have violated any provision of this chapter, a material condition of any permit or license issued thereunder or any substantially similar statute, regulation, order or permit or license condition of any federal, New York State or other local government relating 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 where the permittee or licensee has subcontracted work, within the Town of Goshen, which requires a permit or license under this chapter, to an unlicensed subcontractor;
(2) 
To have 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;
(3) 
To have violated any environmental law, including, but not limited to, the Federal Water Pollution Control Act (also known as the Clean Water Act), 33 U.S.C. § 1251 et seq.; the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 8601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Oil Pollution Act 33 U.S.C. § 2701 et seq.; Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136 et seq.; Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the New York State Public Health Law; the New York State Environmental Conservation Law; the New York State Navigation Law;
(4) 
To have committed any act which, in the judgment of the Town Board, has an adverse impact on a permittee or licensee's ability or fitness to perform any licensed activity;
(5) 
To have repeatedly failed to obey lawful orders of any person authorized by this chapter to enforce the provisions hereof;
(6) 
To have failed to pay, within the time specified by the Town Board, a court or an administrative tribunal of competent jurisdiction, any fines or civil penalties imposed pursuant to this chapter or the rules promulgated pursuant thereto;
(7) 
To have been in persistent or substantial violation of any city, state or federal law, rule or regulation regarding the handling of solid waste or recyclables or laws prohibiting deception, unfair or unconscionable business practices;
(8) 
To lack good character, honesty and integrity, after consideration of the factors set forth in this chapter, in relation to an investigation conducted pursuant to this chapter;
(9) 
To have made any false statement or any misrepresentation as to a material fact in the application or accompanying papers upon which the issuance of such permit or license was based or in any other document submitted pursuant to any ongoing duty under this chapter;
(10) 
To have failed to notify the Town Board as required by this chapter, of any change in the ownership interest of the business or other material change in the information required on the application for such permit or license, or of the arrest or criminal conviction of such permittee or licensee or any of its principals, employees and/or agents of which the permittee or licensee had knowledge or should have known; or
(11) 
To have committed any practice or engaged in any conduct in restraint of competition in the solid waste or recycling industry, whether in the Town of Goshen or in any other jurisdiction.
B. 
The Town Board may issue an emergency suspension order that suspends a permit or license immediately and without a prior hearing, if it has obtained clear and convincing evidence that a permittee or licensee is conducting its permitted or licensed activities in a way that has a serious and immediate adverse impact on the life, health, safety, environment or welfare of residents of, or property located in the Town of Goshen. In such event, the Town Board shall provide the permittee or licensee with the opportunity to be heard and to present any evidence in its defense within 72 hours of the Town Board's issuance of the emergency suspension order.
C. 
In making the decision as to the effective date of a suspension or revocation, except in the case of an emergency suspension order, or in taking any other action against the privileges of a permittee or licensee, the Town Board may provide adequate time for the customers of a permittee or licensee to find alternative service providers if its decision would cause such customers' services to be interrupted or terminated.
A. 
All permittees or licensees shall maintain audited financial statements, records, ledgers, receipts, bills and such other written records as the Town Board shall determine are necessary or useful for carrying out the purposes of this chapter. Such records shall be maintained for a period of time of not less than five years; provided, however, that the Town Board may, in specific instances and in its sole discretion, require that records be retained for a period of time exceeding five years. In those instances where the Town Board shall require that such records shall be maintained for an extended period, the Town Board shall notify the permittee or licensee of same, in writing. Such records shall be made available for inspection and audit by the Town Board upon the Town Board's request at either the place of business of such permittee or licensee or at a location designated by the Town Board.
B. 
All permittees or licensees shall be required to maintain compliance with all applicable state, federal, and local laws, ordinances, rules and regulations pertaining to the collection, removal and disposal of solid waste and recyclables for the duration of any term of the permit or license issued pursuant to this chapter.