[Adopted by the Board of Trustees of the Village of Haverstraw 5-16-2016 by L.L. No. 5-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 191.
This chapter shall be known and may be cited
as the "Refuse Removal Law."
A.
The busy nature of the downtown retail district has
resulted in the refuse collection industry's becoming an important
factor in the community. Proper collection results in the preservation
of the appearance of the municipality and the prevention of health
hazards. Also, the convenience and financial well-being of the citizenry
is affected by proper regulation of the industry.
B.
The Village Board seeks to properly regulate the garbage
collection industry. It is the intention of the Village Board to assure
prompt, efficient, clean and courteous service by the refuse collection
industry at reasonable prices.
A.
COMPACTED GARBAGE
ENGAGE IN BUSINESS
GRASS
INDUSTRIAL AND BUSINESS ENTITY
REFUSE, WASTES AND RUBBISH
For the purpose of this chapter, the terms used herein
are defined as follows:
Garbage which has been compacted and processed to a density
not less than that provided by the Dumpster Route King II.
Solicitation, correspondence, contracting or furnishing of
containers, vehicles, machinery, appliances, materials or any other
items used for the purpose of collecting, removing or transporting
refuse.
Lawn clippings, grass, weeds and like material.
Any person, individual, group of individuals, corporation,
firm, association or partnership, including the plural as well as
the singular and the feminine as well as the masculine gender.
Materials, goods, wares and merchandise and any ingredients,
parts or byproducts thereof sold, offered for sale, manufactured,
processed, repaired or assembled by business or commercial firms who
have discarded waste, whether animal, fish, fowl, fruit or vegetable
matter, resulting from the use, storage and growth of food for human
consumption, and including spoiled foods, garden and tree fruits and
vegetables, plastic, paper, tin, glass or other containers, discarded
combustible and noncombustible waste materials, swill, ashes, the
residue from the combustion of wood, coal, coke, charcoal and other
combustible material, newspapers, papers, rags, cartons, boxes, excelsior,
straw, rubber, leather, metals, mineral matter, crockery, dust and
sweepings from buildings, the carcasses of animals, leaves, grass
and yard trimmings, tree branches and rocks and stones.
B.
In addition, the terms, phrases and words used herein
shall have the meanings ordinarily given thereto or as defined in
the New York State Sanitary Code and the Rockland County Sanitary
Code. All terms, phrases and words shall be given the construction
provided for in the General Construction Law of the State of New York.
A.
Refuse removal.
(1)
A licensee is permitted to collect refuse from either
residential and/or business establishments only between the hours
of 5:30 a.m. and 8:00 p.m. Any pickup in the Downtown or CBD area
must be made on the same days as pickups scheduled in the Village
of Haverstraw contract with the Rockland County Solid Waste Authority
as indicated on the waste collection schedule available at the Village
Clerk's office.
(2)
The licensee may work on Saturdays or holidays in
his or its individual discretion. If pickup is on a holiday, the customer
must be notified in advance.
A.
All vehicles used by collectors of refuse, wastes
and rubbish shall have been inspected and approved by the Rockland
County Health Department on an annual basis, the inspection certificate
of which (signed by a sanitary inspector) shall be filed with the
Village Clerk.
B.
All vehicles shall be so constructed as to make impossible the spilling or leakage of refuse, wastes and rubbish. During transportation through the Village of Haverstraw, all vehicles shall be covered in such a manner that none of the contents shall spill onto Village roads. In the event that any spillage occurs, the collector causing such spill must clean the same up immediately. In the event that damage occurs, a penalty may be levied pursuant to § 170-10 of this chapter.
C.
The licensee must keep all vehicles clean, sanitary
and neatly painted and shall wash, clean and disinfect such vehicles
at least once a week and also in accordance with the rules, regulations
and code of the Rockland County Health Department.
D.
The licensee must keep all vehicles readily identifiable
by lettering the names of the owners, in letters of suitable size
upon the vehicles, including all roll-off boxes. All drivers/operators
of vehicles used for the collection of refuse must have the proper
classification of license to operate such vehicles.
A.
All individual(s) and/or business entities desirous
of engaging in the business of collecting, removing or transporting
refuse, wastes and rubbish in the Village of Haverstraw must apply
for a license from the Village of Haverstraw.
B.
Determining and issuing agency. The Village Board
is authorized to be the determining agency of licenses. The Village
Clerk is authorized to be the issuing agency of licenses. The decision
of the Village Board with respect to any application is final.
C.
Application forms. All applications for licenses shall
be made on forms available at the office of the Village Clerk. All
completed applications shall be deposited with the Village Clerk.
D.
Fees. The annual fee for a permit is $100 per carter
and $50 for each truck.
A.
An individual(s) or business entity shall not engage
in the business of collecting, removing or transporting refuse, wastes,
rubbish and construction and demolition debris in the Village of Haverstraw
without first obtaining from the Village Board a license to conduct
such business in the Village of Haverstraw.
B.
Approvals. A license shall not be issued unless a
complete application has been approved by the Village Board.
C.
Requirements for commercial carters. The following
requirements must be adhered to by the licensee upon issuance of a
license:
(1)
All rules and regulations outlined in this chapter
must be adhered to by the licensee.
(2)
In the event that there occurs any change of facts
as stated in the application, the applicant shall document such changes
by submitting a supplementary application to the Village Board. The
supplementary application must be deposited with the Village Clerk
within 15 days of such change. The supplementary application must
be approved by the Village Board.
(3)
Insurance coverage. Each licensee must file with the
Village Clerk the following evidence of insurance coverage prior to
the commencement of operations. All certificates of insurance must
be in a form approved by the Village Attorney. All insurance coverage
must extend through the permit year.
(a)
General liability insurance requirements are
as follows:
[1]
Coverage of $1,000,000 bodily injury and property
damage.
[2]
Submission to the Village of Haverstraw of a
certificate of insurance which meets the following requirements:
[a]
In the box with the title "Description
of operations": "The Village of Haverstraw as additional insured for
general liability."
[b]
In the box with the title "Certificate
holder": "Village of Haverstraw, 40 New Main Street, Haverstraw, New
York 10927."
[c]
In the box with the title "Coverage":
"30 to 60 days." The cancellation notice should provide the Village
with anywhere between 30 and 60 days' notice. Ten days is not acceptable.
[d]
The certificate of insurance which
is submitted to the Village of Haverstraw must cover the license period.
(b)
Workers' compensation. Each licensee shall file
with the Village Clerk evidence in the form of a certificate of insurance
that workers' compensation insurance is in full force and effect covering
each and every person employed by the licensee in the collection and
deposit of refuse.
(c)
Automobile liability insurance requirements
are as follows:
[1]
Coverage of $1,000,000 combined single limit
or $1,000,000/$1,000,000 for bodily injury and $250,000 property damage.
[2]
Coverage on each and every vehicle engaged in
the collection of refuse.
[3]
Submission to the Village of Haverstraw of a
certificate of insurance which meets the following requirements:
[a]
In the box with the title "Description
of operations": "The Village of Haverstraw as additional insured for
general liability."
[b]
In the box with the title "Certificate
holder": "Village of Haverstraw, 40 New Main Street, Haverstraw, New
York 10927."
[c]
In the box with the title "Coverage":
"30 to 60 days." The cancellation notice should provide the Village
with anywhere between 30 and 60 days' notice. Ten days is not acceptable.
[d]
The certificate of insurance which
is submitted to the Village of Haverstraw must cover the license period.
D.
Term of permit. Every permit shall expire on December
31 of each year. Permits must be renewed on an annual basis.
A.
The licensee shall render efficient, reliable, quiet
and courteous service at all times.
B.
The licensee shall not arbitrarily discontinue service
to any customer. In the event that any customer fails to pay for the
services rendered for a period of three consecutive months, service
may be discontinued by the licensee. The procedure for such discontinuation
is:
C.
The licensee shall make a minimum of one collection
per week.
D.
The licensee shall not abuse the customer's containers,
and covers will be set on or stored neatly in emptied containers.
E.
Pickups at residential locations shall be at or near
the front of the driveway or in an alley, if appropriate.
F.
Pickups at commercial locations shall be at the exterior
of the building and approximately 10 feet from the curb or in an alley,
if appropriate.
G.
The licensee shall pick up any garbage which is dropped
from the collection vehicle.
H.
The licensee shall park the collection vehicle as
far off the road as possible.
I.
The licensee shall bill customers at least once every
month.
J.
The licensee shall notify all of its customers in
writing of a change in the licensee servicing the customer. Said written
notification shall be sent to the customer at least one week prior
to the change.
K.
The licensee shall pick up recyclables, including
paper and commingled items, from its customers every Friday.
A.
The customer must purchase his or her own refuse containers.
The container shall be the standard twenty- to thirty-gallon container
with a covering lid.
B.
All garbage must be placed in covered containers.
Grass, leaves and yard material must be placed in biodegradable paper
bags. The collector shall not be required to collect any garbage which
is not placed therein, except for bulk items too large for the containers.
C.
The customer cannot require collections from the interior.
D.
The customer cannot permit his containers to remain
at curbside for a period of 24 hours after collection.
[Amended 10-17-2022 by L.L. No. 3-2022]
A.
Any person, association, organization, corporation,
company or business entity found guilty of committing any of the following
acts shall be punishable by a fine not exceeding $20,000, suspension
or revocation of his/her/its license, restitution for damage to public
property, and/or cost of cleanup of public and/or private property;
and which charge, under this chapter, shall be a petty offense or
infraction, and not a crime. The continuation or repeat of a violation
of, or failure to comply with, any provision of this chapter shall
constitute, for each occurrence that transpires or each day on which
the violation continues, a separate and distinct charge hereunder.
Violations shall include, but not be limited to, the following:
Nothing in this chapter shall be construed to
supersede the standards contained in the New York State Sanitary Code
or the Rockland County Sanitary Code. In the event of any dispute
regarding which standards shall be applicable between this law and
any other applicable laws, rules and/or regulations, this chapter
shall be interpreted by any court of competent jurisdiction so that
the more strict interpretation shall prevail.
Nothing contained in this chapter shall be construed
or interpreted to make the Village of Haverstraw a party to any contract
for refuse, wastes and rubbish removal.
