All carters shall proceed to a designated solid waste management
facility along routes designated by the Town Board of the Town of
Smithtown.
[Amended 12-21-1993 by L.L. No. 11-1993]
All carters and those entering the Municipal Services Facility
shall abide by any instructions or procedures given by the Superintendent
of Sanitation. The Superintendent of Sanitation shall be responsible
for the complete operation and usage of any Town solid waste facility
and the operation and usage of all vehicles entering, leaving and
conducting any activity upon or with respect to said facility. The
Superintendent of Sanitation shall make such rules and regulations
as he or she shall see fit concerning the same. In the event that
any rules or regulations established by the operator of the Town facility
are subject to any agreements with any other municipality or governing
body, said rule or regulation shall not be promulgated without prior
Town Board approval.
A.
All carters shall follow vehicle safety practices at all times and
observe the following regulations:
(1)
The speed limit at the facility is 10 miles per hour, unless otherwise
indicated.
(2)
All turns require the use of signals to warn other vehicles of the
turn.
(3)
Drivers of a vehicle must hold a valid driver's license and are subject
to all traffic laws and ordinances.
(4)
Trucks or trailers stopped on roadways must be properly protected
by red flags by day and warning lights or reflectors by night.
(5)
Never pass another vehicle on or near the crest of a hill, at any
intersection or curb or where the roadway ahead is obstructed for
any reason.
(6)
Beware of slow-moving vehicles.
(7)
Do not follow another vehicle too closely or at a speed which would
prevent you from stopping safely in an emergency.
(8)
Before backing a vehicle, the driver should determine that the space
into which he or she will back is clear.
(9)
When parking on a grade the driver should set the brakes properly,
leave the vehicle in gear and, if necessary, scotch the wheels.
(10)
Use extreme caution when driving into or out of the building
or areas where visibility is limited.
(11)
Keep the vehicle in gear when moving down grade.
(12)
Special care should be taken in approaching and crossing a road.
Signals and signal lights should be fully respected.
(13)
The driver must be alert to equipment defects. If a defect causes
any unsafe condition or impairs the same operation of the equipment,
operation must be suspended until the defect has been corrected.
(14)
Trucks with mechanical problems must exit the facility or, if
disabled, request towing immediately so that inbound and outbound
roads will be clear to other traffic.
(15)
No vehicle exceeding New York State weight, height or length
requirements shall be permitted unless the driver is in possession
of a valid New York State permit for the particular vehicle in question.
B.
Noncompliance with this chapter may result in the driver, and for
severe violations his or her company, being denied access to any designated
facility.
Drivers entering a designated facility shall be prepared to
answer the following questions:
A.
All carters are responsible for ascertaining the accuracy of their
tickets before signing. After a ticket is signed it shall be presumed
to be accurate and no claim of discrepancy may be maintained against
the Town of Smithtown or the operators of the facility.
B.
Any carter who fails to sign for or fails to receive a weight ticket
shall be billed at the maximum rate for such delivery as though a
weight ticket had been signed and received.
A.
Any vehicle entering a designated facility for the first time shall
obtain a tare weight for each truck or container disposing of acceptable
waste at the designated facility and shall be obtained according to
the procedures of the operator of the designated facility.
B.
After the initial tare weight has been obtained, the operator of
the designated facility will require tare weights on a random basis
to verify weight records. All carters shall cooperate with the operator
of the designated facility and shall follow such weighing procedures
as directed. Any carter refusing to cooperate with the operator of
a designated facility shall be barred from such facility and shall
be billed for the maximum load that could be delivered.
A.
For unacceptable waste which is not hazardous waste, the carter may
be required at the direction of the operator of the designated facility
to reload such materials for disposal at another location.
B.
For hazardous waste as defined by federal, state and local laws and
regulations, carters shall remain at the facility until Town, public
health and law enforcement officials arrive.
A.
Carters at a designated facility who discover a fire in their trucks
(hot loads) shall be diverted to a clearly marked area of the facility
property. The carter will be directed to discharge the load onto a
designated area.
B.
In the event of any incident which impairs the flow of traffic or
the ability to dispose of acceptable waste at the facility, carters
shall follow directions and procedures from employees of the facility.
A.
All nonprocessable waste shall be rejected from the Resource Recovery
Plant and all nonprocessable wastes, except demolition debris and
white goods, shall be rejected from the Municipal Services Facility.
Carters who have received weight tickets for loads which contain any
unacceptable waste shall not receive a credit for such deliveries.
B.
The operator of the facility reserves the right to reject total or
partial loads being delivered to the facility if special handling
should be required.
C.
Carters will dispose of rejected loads as prescribed by the Town.
D.
The operator of any designated facility shall immediately notify
the Department of Public Safety of any attempt to deliver unacceptable
waste. Violators of any applicable law shall be subject to prosecution.
[Amended 9-7-1993 by L.L. No. 7-1993]
A.
All loads coming into any solid waste management facility will be
visually inspected for the purpose of documenting any violation of
hazardous waste management laws. The Town will be notified immediately
if any suspected hazardous waste is found in a truck delivering waste
to any facility.
B.
Violators of any of the laws governing the disposal of hazardous
waste will be subject to prosecution. Fines of up to $25,000 per day
can be imposed against those who knowingly violate the laws and regulations
regarding hazardous waste management.
C.
Regardless of other actions, any carter who knowingly brings hazardous
waste to any facility shall be permanently barred from all facilities.
A.
All containers shall be secured. No leakage or spillage is allowed.
B.
All trucks must proceed with care and follow directions issued by
appropriate employees of a designated facility.
C.
Manual unloading will only be permitted in designated areas.
D.
Trucks are not to bump or roll into guardrails.
E.
Drivers should ascertain correct placement of containers before releasing
loads.
F.
Cigarettes, cigars or other sources of combustion are strictly prohibited
in or around the facility. No hauler will possess, consume or be under
the influence of any illegal or intoxicating substances while on any
facility premises.
G.
Trucks must be cleaned of loose debris before exiting the disposal
area. Any liquid or debris spilled onto roadways will be cleaned up
at the carter's expense.
H.
The truck owner will be responsible for the removal and repair of
all damages relating to a roll-off container in the owner's possession
that falls into a refuse pit or discharge area at any facility.
A.
Nonprocessable waste includes materials which, if present in concentrations
or quantities that in the reasonable judgment of employees of a designated
facility:
(1)
Would pose a substantial threat to public health or safety;
(2)
May cause applicable air quality or water effluent standards to be
violated by the normal operation of a designated facility; or
(3)
Have a reasonable possibility of adversely affecting the operation
of a designated facility in any material respect.
B.
Nonprocessable waste includes but shall not be limited to the following:
(1)
Explosives: dynamite, hand grenades, blasting caps, shotgun shells,
fireworks or any other explosives.
(2)
Liquid waste: gasoline, kerosene, turpentine, waste oil, ether, alcohol,
acids, hydraulic oil, petroleum, caustics, naphtha, acetate, solvents,
propane, paints, sewage or processed wastewaters, leachates, cesspool
and other human wastes or flammable or volatile liquids.
(3)
Demolition debris: Sheetrock, aggregate, brick, stone, cement, gravel,
sand, structural clay products, soil, asbestos, roofing materials,
plaster, plasterboard or other noncombustible demolition debris.
(4)
Miscellaneous materials: offal, tar, asphalt, sealed drums, pressurized
containers or tires.
(5)
Hazardous waste as defined in the federal, state and local laws and
regulations.
(6)
Pathological or infectious waste.
(7)
Radioactive waste.
(8)
White goods.
(9)
Logs or tree stumps larger than four feet in length and six inches
in diameter.
(10)
Dead animals.
(11)
Human and animal remains.
(12)
Batteries.
(13)
Motor vehicles, major motor vehicle parts and other large machinery.
(14)
Baled materials.
C.
If the operator of a designated facility discovers nonprocessable
waste in an incoming truck either at or before the truck reaches the
unloading or discarding area, unless such truck is specifically disposing
of clean fill at the Town of Smithtown Municipal Services Facility,
the driver will be directed to leave the facility. The attempt to
deliver will be recorded. Repeat attempts may lead to refusal of access
to all Town facilities.
[Amended 1-10-1995 by L.L. No. 1-1995]
D.
All staff of any designated facility may routinely visually screen
the solid waste being unloaded into the facility looking for nonprocessable
waste and other prohibited material, including drums, containers which
may contain unused or waste chemicals, large numbers of filled sacks
or substantial quantities of soil or powdery debris. If suspected
hazardous waste is discovered, the appropriate steps will be applied.
E.
If a facility operator observes nonprocessable waste being discharged
into the facility, that carter shall not be permitted to leave the
facility. The vehicle will be reloaded and the carter required to
remove the nonprocessable waste from the facility site at the carter's
own expense. If the waste is suspected to be hazardous and cannot
be removed safely, appropriate procedures shall be followed.
F.
If the nonprocessable or suspected hazardous waste is observed in
or going into the refuse pit or discharge area but the delivery vehicle
exits the area before it can be stopped, the facility operator will
make every attempt to identify and stop the vehicle before it exits
the facility. The carter will then be required to reload the waste
and remove it from the facility at the carter's own expense.
A.
It shall be unlawful for any person, firm, association, partnership or corporation to dispose of any solid waste of any kind or nature in the Municipal Services Facility or such other waste management facility as may be designated by the Town Board pursuant to this chapter which originated or was collected outside the territorial limits of the Town of Smithtown, except pursuant to Subsection L herein or a duly executed intermunicipal cooperative agreement.
[Amended 1-10-1995 by L.L. No. 1-1995]
B.
It shall be unlawful for any person, firm, association, partnership
or corporation to dispose of any solid waste of any kind or nature
in the Town of Smithtown if the same originated or was collected outside
the territorial limits of the Town of Smithtown, except pursuant to
a duly executed intermunicipal cooperation agreement.
C.
It shall be unlawful for any person to deposit or cause to be deposited
in any solid waste management facility as may be designated by the
Town Board pursuant to the provisions of this chapter any hazardous
waste.
D.
It shall be unlawful for any person to deposit or cause to be deposited
in any solid waste management facility as may be designated by the
Town Board pursuant to the provisions of this chapter any hypodermic
needle or syringe, unless the same has been first destroyed by the
detachment of the needle from the syringe from any disposal hypodermic
unit and the hypodermic syringe has been crushed and broken and the
needle bent and all of said parts deposited in the metal container
so secured as to prevent parts from falling out.
E.
Except upon order by an authorized officer, employee or agent having
charge of a solid waste management facility as may be designated by
the Town Board pursuant to the provisions of this chapter, no person
shall remove any material or solid waste from any solid waste management
facility once the same has been deposited.
[Amended 1-10-1995 by L.L. No. 1-1995]
F.
It shall be unlawful for any person to deposit or cause to be deposited
in any solid waste management facility any untreated cesspool contents.
[Amended 1-10-1995 by L.L. No. 1-1995]
G.
Any metal drums brought to the Municipal Services Facility with a
capacity of five gallons or greater must have both ends cut out.
[Amended 1-10-1995 by L.L. No. 1-1995]
H.
Old, used, worn, defective or discarded automobile tires, truck tires
or any other type of tires shall not be accepted for deposit in any
solid waste management facility.
[Amended 1-10-1995 by L.L. No. 1-1995]
I.
It shall be unlawful for any person, firm, association, partnership
or corporation to dispose of any landscaping material in the Municipal
Service Facility. All landscaping material shall be disposed of at
a duly licensed facility.
[Amended 1-10-1995 by L.L. No. 1-1995]
J.
Only Smithtown residents, parties to a specific agreement with the Town of Smithtown or persons, firms, associations, partnerships or corporations as provided in Subsection L herein are permitted to use the Municipal Services Facility, and said Town residents will be charged accordingly. There shall not be a charge for homeowners residing in the Town of Smithtown for the use of the facility when disposing of yard waste, unless said homeowner makes more than two deposits in a single day. In the event that a homeowner uses the facility more than two times in a day, said homeowner shall be charged $10 for each additional visit, unless, for a good cause shown, the facility operator determines that said additional fee is inappropriate; then, in the facility operators judgment, the fee can be waived.
[Added 12-21-1993 by L.L. No. 11-1993; amended 1-10-1995 by L.L. No.
1-1995]
K.
In the event that the facility operator is able to accept Town resident
landscapers' yard waste material, they will be charged at a rate of
$40 per ton to dump said waste. The facility operator reserves the
right to prohibit the dumping of landscapers' yard waste based upon
the availability of the space, weather conditions, frequency of visits
and any other reasons which are in the best interest of the proper
operation of the Municipal Services Facility.
[Added 12-21-1993 by L.L. No. 11-1993; amended 1-10-1995 by L.L. No.
1-1995]
L.
Clean fill may be disposed of at the Town of Smithtown Municipal Services Facility by any resident or nonresident person, firm, association, partnership or corporation who will be charged at the rate as established by the Town Board of the Town of Smithtown pursuant to § 177-83D(5) and D(6) herein. The Municipal Services Facility operator reserves the right to prohibit the disposal of clean fill based upon weather conditions or any other reasons which are in the best interest of the proper operation of the Municipal Services Facility.
[Added 1-10-1995 by L.L. No. 1-1995]
M.
The Town Board of the Town of Smithtown shall be authorized from
time to time to promulgate such other rules or regulations as may
be deemed necessary with regard to the disposal of clean fill at the
Town of Smithtown Municipal Services Facility.
[Added 1-10-1995 by L.L. No. 1-1995]
By a vehicle's entry into a solid waste management facility,
the owner and operator of that vehicle shall be deemed to consent
to the searches and seizures hereinafter provided.
A.
Any vehicle which enters any solid waste management facility may
be searched and its contents examined by Town of Smithtown employees
or agents to determine compliance with the provisions and prohibitions
of the laws of the State of New York, County of Suffolk and Town of
Smithtown.
B.
Any peace or police officer or any authorized employee or agent of
the Town of Smithtown shall have the power to seize without a warrant
for conservation, health, safety or evidentiary purposes any item
the officer or individual has cause to believe is a hazardous substance
or generated or collected outside the Town of Smithtown which has
been or is being processed or disposed of in violation of the provisions
of this chapter or any item which has been or is being processed or
disposed of in violation of any provision of applicable law.
[Amended 12-19-1991 by L.L. No. 12-1991]
A.
All vehicles or containers subject to the fees set forth herein must
have a cubic yard capacity and tare weight of such vehicle or container
clearly displayed on the right side outside thereof. Failure to disclose
and display the cubic yard capacity and tare weight of a vehicle or
container shall be grounds for refusal to permit dumping at the site.
B.
No vehicles, except for Town licensed carters, shall be permitted
to deliver solid waste to the Resource Recovery Plant.
C.
Dumping of any solid waste at any solid waste management facility
without the approval of the facility operator and the Town of Smithtown
shall constitute a violation of this chapter. Nothing in this chapter
shall exempt a resident from paying any fee which may otherwise be
applicable pursuant to this chapter.
[Amended 12-19-1991 by L.L. No. 12-1991]
A.
Effective January 1, 1992, all commercial solid waste collected by
a carter shall be transported to and disposed of at a solid waste
management facility designated by the Town of Smithtown for the material
to be disposed.
B.
The Town of Smithtown reserves the right to direct the carter to
deliver the waste to alternative disposal facilities within the boundaries
of or within a radius of five miles of the boundaries of the Town
of Smithtown.
C.
All commercial solid waste collected shall be delivered directly
to the designated disposal facility. No salvaging, mixing, sorting,
segregating, removal or disposal shall be permitted at any other location.
D.
All disposal fees associated with the disposal of commercial solid
waste at the designated facilities shall be borne by the licensee.
The Town of Smithtown shall invoice carters who have an account with
the Town of Smithtown on a monthly basis for the actual tonnage delivered
to the designated facility, except as provided in Subsection (7) herein.
Payment by the carter shall be made to the Town within 15 calendar
days of the date of invoice. In the event that the carter does not
submit payment for its disposal fees within 15 calendar days of the
invoice, a late payment charge of $25 will be added to the carter's
next monthly invoice. Furthermore, all delinquent unpaid balances
will accrue interest at the periodic rate of 18%, which amount will
be reflected on the carter's subsequent invoices until fully satisfied.
[Amended 1-10-1995 by L.L. No. 1-1995]
(1)
Commercial acceptable wastes collected by the carter shall be delivered
to the Huntington Resource Recovery Facility for disposal. The tipping
fee at this facility shall be $65 per ton commencing on January 1,
1992.
(2)
Commercial recyclables, white goods or scrap metal collected by the
carter may be delivered to the Smithtown Municipal Services Facility.
Effective January 1, 1992, there shall be no tipping fee for these
materials delivered to the Municipal Services Facility.
(3)
Commercial bulk items collected by a carter shall be delivered to
the Huntington Resource Recovery Facility. The tipping fee for commercial
bulk items shall be $65 per ton commencing on January 1, 1992.
(4)
Commercially collected leaves and brush collected by the carter shall
be delivered to the Municipal Services Facility where the vehicles
will be weighed then directed to a designated facility. The tipping
fee for these materials shall be $40 per ton commencing January 1,
1992.
(5)
Demolition and construction materials.
[Amended 5-12-1998 by L.L. No. 4-1998; 12-19-2000; 7-22-2003; 12-13-2005 by L.L. No.
6-2005; 6-20-2013; 12-13-2022 by Res. No. 2022-1128; 9-21-2023 by Res. No. 2023-922]
(a)
The fee for the disposal of rubble or demolition and construction
materials at the Town of Smithtown Municipal Services Facility shall
be:
(b)
The Town of Smithtown Municipal Services Facility reserves the right to weigh each vehicle as enumerated in § 177-83D(5)(a)[1], [2] and [3] that enters the facility if the scale house operator or other designated individual believes that such vehicle should be charged $160 per ton for the disposal of demolition and construction materials.
(c)
The fee for the disposal of rubble or demolition and construction materials in accordance with § 177-83D(5)(a)[1], [2] and [3] and (b) may be amended by resolution, from time to time, by the Town Board of the Town of Smithtown at the recommendation of the Solid Waste Coordinator, without the necessity of a formal public hearing.
(6)
Clean fill collected by any person, firm, association, partnership or corporation may be delivered and disposed of at the Town of Smithtown Municipal Services Facility. The fee for disposal of clean fill not specifically enumerated in § 177-83D(5)(a)[1], [2] and [3] shall be $80 per ton. The fee as set forth in this subsection may be amended by resolution, from time to time, by the Town Board of the Town of Smithtown at the recommendation of the Solid Waste Coordinator, without the necessity of a formal public hearing.
[Amended 1-24-1995; 4-17-1995; 5-9-1995; 5-16-1996; 7-1-1996; 7-16-1996; 5-12-1998 by L.L. No.
4-1998; 5-12-1998; 12-19-2000; 7-22-2003; 9-9-2008; 8-17-2010]
(7)
The disposal fee for the disposal of clean fill at the Town of Smithtown
Municipal Services Facility shall be paid pursuant to the following
procedures:
(a)
The person, firm, association, partnership or corporation seeking
to dispose of clean fill at the Town of Smithtown Municipal Services
Facility shall first obtain a clean fill ticket at the Municipal Services
Facility.
(b)
The person, firm, association, partnership or corporation shall
fill out an application requesting clean fill tickets at the Municipal
Services Facility and must submit a certified check or money order
payable to the Town of Smithtown general fund or cash, only at the
discretion of the Municipal Services Facility operator, for the amount
of clean fill tickets requested.
(c)
The fee for disposal shall be calculated on a per yard basis
depending on the size of the container or roll-off the person, firm,
association, partnership or corporation is seeking to dispose of.
(d)
Upon the arrival at the Town of Smithtown Municipal Services
Facility, the person, firm, association, partnership or corporation
shall identify its load as clean fill and proceed to the designated
scale house. Then a clean fill ticket must be presented to the Municipal
Services Facility scale house operator or other designated individual
in advance of the disposal of the clean fill.
Exempt from the provisions of this chapter shall be any vehicle
owned, leased, rented, hired or utilized by the Town of Smithtown,
its agencies, departments or bureaus.
