Town of Smithtown, NY Nonresidential Solid Waste Disposal Capacity Generation Fee

State and local municipal entities may be exempt from the Town of Smithtown nonresidential solid waste disposal capacity generation fee system upon application to the Town of Smithtown Solid Waste Coordinator.

The municipal entity may seek an exemption from the Town of Smithtown nonresidential solid waste disposal capacity generation fee system by filing a written request to the Town of Smithtown Solid Waste Coordinator. This written request must clearly state:

(a)

The name of the entity requesting the exemption.

(b)

All properties owned and operated by this entity, which are located within the confines of the Town of Smithtown Nonresidential Solid Waste Disposal Capacity Generation Fee System.

(c)

The reasons why this entity should be exempt from the Town of Smithtown Nonresidential Solid Waste Disposal Capacity Generation Fee System.

The municipal entity may seek a review of the Town of Smithtown Solid Waste Coordinator's decision by filing a written request in accordance with § 177-105B(2).

§ 177-103 Rates.

Serviced billing rates. Nonresidential solid waste generators, serviced by licensed commercial waste collectors, shall be billed a monthly solid waste disposal capacity fee calculated in accordance with the following formula:

SCY	=	Serviced container yards.
DSUR	=	DSU (disposal service unit) rate.
SCY x DSUR	=	Disposal capacity billing charge.

DSU rate. The DSU rate shall be as established by the Town Board of the Town of Smithtown. The DSU rate may be amended by resolution from time to time by the Town Board of the Town of Smithtown without the necessity of a formal public hearing.

§ 177-104 Billing.

The charges established herein for nonresidential solid waste disposal capacity shall be billed monthly to the landowner of each parcel of property.

The monthly nonresidential solid waste disposal capacity bill shall set forth the following information:

Name and billing address of the landowner, including the address of that parcel of land for which this bill applies.

The number and different sizes of the containers that are located on such parcel of property and the individual breakdown for each charge for each separate and distinct container and whether or not any container is shared by any businesses.

The service dates for which the bill applies, along with the frequency of pickup at the location for each container and the compaction factor utilized by the Town.

(4)

Any on-demand or extra disposal service from the prior calendar month, setting forth a detailed breakdown of what the disposal charges were for that location.

(5)

The date payment is due without interest and late charges.

Payment of the monthly disposal capacity bill by the landowner shall be made to the Town of Smithtown general fund at the address as specified on the bill, within 15 calendar days of the due date. In the event that the disposal capacity fee bill is not paid within 15 calendar days of the due date, a late payment charge of $25 will be added to the next monthly disposal capacity bill. Furthermore, all delinquent unpaid balances will accrue interest at the periodic rate of 18%, which amount will be reflected on the landowner's subsequent disposal capacity fee bills until such amount is fully satisfied.

In the event that such disposal capacity fee bill becomes over 75 days delinquent, the Town of Smithtown may pursue any and all lawful and appropriate collection remedies, including but not limited to:

Civil action against the delinquent landowner seeking monetary relief for the amounts owed for the disposal capacity service.

A levy against the landowner's tax bill in accordance with General Municipal Law § 120-cc, where the Town of Smithtown may impose a tax levy in any year in which unpaid fees or charges, including penalties for unpaid municipal solid waste disposal capacity service.

The provisions for failing to make payment set forth herein shall be in addition to any other rights and remedies which the Town of Smithtown may have under the laws of the State of New York.

§ 177-105 Adjustments to charge; appeal proceedings.

[Amended 5-12-1998 by L.L. No. 4-1998]

Any commercial, industrial, institutional and multifamily operation or establishment may make an application to the Town of Smithtown Solid Waste Coordinator to be classified as either a low-density waste generator, a minimal waste generator and/or an on-demand service waste generator. This written request must be made to the Town of Smithtown Solid Waste Coordinator and include the following information:

The name of the entity requesting the classification.

The type or types of classification being requested.

The addresses of all properties owned and operated by this entity which are located within the confines of the Town of Smithtown Nonresidential Solid Waste Disposal Capacity Generation Fee System.

(4)

The reason(s) why this entity' s properties should be classified as a low-density waste generator, a minimal waste generator and/or an on-demand service waste generator.

Appeal; review of decision.

Any person, firm or corporation who is billed for charges outlined in this article and who considers such charges to be inaccurate, erroneous or inconsistent with the provisions of this article shall have the right to appeal the disputed charges by making written request to the Town of Smithtown Solid Waste Coordinator. A review and investigation of the disputed charges will then be made by the Town of Smithtown Solid Waste Coordinator who will provide to the appellant a written decision on the appeal which contains the reasons for the decision.

The appellant may seek a review of the Town of Smithtown Solid Waste Coordinator's decision, by filing a written request to the Nonresidential Solid Waste Disposal Capacity Generation Fee Review Board of the Town of Smithtown within 10 days of the date of mailing of the Town of Smithtown Solid Waste Coordinator's decision to the appellant. The Nonresidential Solid Waste Disposal Capacity Generation Fee Review Board shall consist of the Environmental Protection Director, Town Comptroller and Town Attorney or their duly designated representatives. The appellant's notice of appeal must clearly state the nature of the action or reasons why the Town of Smithtown Solid Waste Coordinator's action should be modified, reversed or remanded. A review by the Board shall be conducted not less than 15 days and no more than 60 days from the date off the appellant's notice of appeal is filed, unless the Review Board, in its sole discretion, finds that the review should be delayed.

[Amended 6-9-2009 by L.L. No. 2-2009]

Any charges found to be inaccurate, erroneous or inconsistent by written decision after a review or an appeal made pursuant to this section shall be corrected by means of a refund, credit or other method approved of by the Town of Smithtown Solid Waste Coordinator. Corrections for any inaccurate, erroneous or inconsistent charges shall be retroactive only to the beginning of the fiscal year in which such charges were appealed pursuant to this section.

[Added 5-30-2000 by L.L. No. 5-2000]

A review and investigation of this request will be made by the Town of Smithtown Solid Waste Coordinator, who will provide to the applicant a written decision on the application, containing the reasons for the decision.

The applicant may seek a review of the Town of Smithtown Solid Waste Coordinator's decision by filing a written request in accordance with § 177-105B(2).

§ 177-106 Waste management restrictions.

Container identification. All waste collectors must display on each container a business name or trade name, which shall sufficiently identify the licensee providing waste collection services to the establishment using or owning the waste container. In addition, the waste collector must display on every container a commercial solid waste identification decal as supplied by the Town of Smithtown. This decal must be applied in such a way so as to become permanent and conspicuously visible to any Town of Smithtown employee and the general public. It will be the solid waste collector's responsibility to affix the decal supplied by the Town of Smithtown to its container.

Container capacity. The capacity of each container as agreed to by the Town of Smithtown Solid Waste Coordinator must be conspicuously displayed on the container so as to be readily accessible to any employee of the Town of Smithtown . If there is any change in the capacity of the container, the waste collector must notify the Town of Smithtown Solid Waste Coordinator within 72 hours of such change.

Frequency of pickup. All waste collectors must conspicuously display on all containers the frequency of collection of the waste in each container. In the event such frequency of collection changes, the waste collector must notify the Town of Smithtown Solid Waste Coordinator, in writing, within 72 hours of such change.

Demand service. All waste collectors must conspicuously display on all containers that are set up as demand service that such container is not picked up on any specific frequency but is an on-demand container. The waste collector must display in letters at least two inches tall, that such container is "ON DEMAND." In the event that such container changes from an on-demand service to a specific frequency collection, the waste collector must notify the Town of Smithtown Solid Waste Coordinator, in writing, within 72 hours of such change. All on-demand service for any given month shall be billed based on the serviced container yards (SCY) disposed of in that month and reflected on the landowner's subsequent month's disposal fee bill. The Solid Waste Coordinator of the Town of Smithtown shall determine whether the commercial, industrial, institutional and multifamily operation or establishment is entitled to be charged under this system as an on-demand service waste generator.

[Amended 5-12-1998 by L.L. No. 4-1998]

Extra service. All waste collectors must notify the Town of Smithtown Solid Waste Coordinator of any extra service provided to a location that currently has a specific frequency of collection. Such notice must be made to the Town of Smithtown Solid Waste Coordinator, in writing, within 24 hours after such extra service is provided to any specific location, indicating the capacity size of the extra container service. The landowner will be billed for the disposal capacity fee for the extra service provided to the landowner, based on the serviced container yards (SCY) disposed of in that month and reflected on the landowner's subsequent month's disposal fee bill.

§ 177-107 Route manifest reporting requirements.

Every operator of a motor vehicle licensed to a waste collector shall maintain a solid waste disposal route manifest, which shall be a complete, accurate, current and legible record of each load of nonresidential waste collected, removed, transported and/or disposed of.

Solid waste disposal route manifests required by this section shall be maintained on a form approved by the Town of Smithtown Solid Waste Coordinator and shall contain the following:

The date of the information reflected in the manifest; the business name and license number of the waste collector for which the vehicle is operated; the vehicle license number as required by the Town of Smithtown; and the vehicle operator's full, true and correct name.

An itemized listing for each distinct point of waste collection of the collection address, container sizes and the Town of Smithtown decal number from which waste was collected and the account name of the customer from whom waste was collected.

For each listing of waste collection, the name and address of the disposal, facility and the date of disposal.

Vehicle operators shall subscribe to the following statement on the manifest: "I understand that falsification of a solid waste disposal route manifest is a criminal offense. Understanding this, I hereby affirm that all garbage collected by me is only commercial waste generated within the confines of the Town of Smithtown and that the information contained in the foregoing manifest is full, true and correct to the best of my knowledge."

Every operator of a motor vehicle licensed to a waste collector shall have an accurate and current solid waste disposal route manifest in his immediate possession at all times and shall display such manifest on demand of any employee of the Town of Smithtown. Failure to do so shall be deemed a violation of this chapter subjecting a person convicted under this section to the fines and penalties as set forth in this chapter.

The solid waste disposal route manifest shall be submitted to the Town of Smithtown Solid Waste Coordinator or his duly authorized representative daily upon delivery of the load to any disposal facility.

The waste collector must set forth on its solid waste disposal route manifest the route that each truck takes in collecting the waste by delineating the stop numbers in numerical order on the solid waste disposal route manifest.

§ 177-108 Notice of changes.

Commercial waste collectors shall provide the Town of Smithtown Solid Waste Coordinator with written notification within 72 hours of the effective date of any changes in operation which affect the service to a commercial customer. The notification shall include the effective date(s) of such changes. Changes requiring written notification include but are not limited to the following:

Loss of customers.

Sale, lease or transfer of any portion of a waste collector's solid waste operation.