As used in this article, the following terms shall have the meanings
indicated:
POINT OF ENTRY
That delivery site designated by the County of Putnam for delivery
of solid waste collected in the Town of Putnam Valley.
SOLID WASTE
Residential, governmental, industrial and/or commercial refuse, but
shall not include the following: human wastes; rendering wastes; commercially
generated construction and/or demolition debris or wastes; residue from incinerators
or other destructive systems for processing waste, other than now-existing
individual building incinerators whose residue is presently collected as part
of normal municipal collections; junked automobiles or pathological, toxic,
explosive or radioactive material or other hazardous wastes which, according
to existing or future federal, state or local laws, rules or regulations,
require special handling in their collection and/or disposal.
No person shall engage in or conduct the business of collecting solid
waste within the Town of Putnam Valley or transport the same through said
town until such person shall apply for and obtain a license to engage in such
business, as herein provided.
[Amended 4-15-1998 by L.L. No. 5-1998]
An application for such a license shall be made in writing to the Town
Clerk and upon a form prescribed by the Town Board, together with the sum
as set forth from time to time by resolution of the Town Board.
Before the issuance of a permit by the Town Clerk, the applicant shall
furnish a certificate of insurance showing that the applicant has, in full
force and effect, comprehensive general liability insurance of $300,000, including
product liability and completed operations insurance, and property damage
coverage of $50,000. Motor vehicle liability insurance shall be provided for
$300,000 with $50,000 property insurance coverage. In addition, the Town Clerk
shall require a certificate of workers' compensation insurance.
For each application approved by the Town Board, the Town Clerk shall
issue a medallion to be affixed to each vehicle listed in the application,
which medallion shall be prominently displayed on the door on the driver's
side of said vehicle and shall not be removed during the year in which the
license remains in force.
[Amended 4-15-1998 by L.L. No. 5-1998]
A license issued under the provision of this article shall expire at
the end of the calendar year of the date of issue. Applications for renewal
of such license may be filed with the Town Clerk within 30 days before the
expiration of such license, together with the sum as set forth from time to
time by resolution of the Town Board, which shall constitute the renewal fee
therefor.
All vehicles or implements used in connection with the collection and
transportation of solid waste shall be kept in an inoffensive and sanitary
condition and, when not in use, shall be stored and kept so as not to create
a nuisance.
Any license issued under this article may be revoked by the Town Board
if it is found, after a public hearing, that the holder of such license has
violated any provision of this article or that the required insurance is not
in force or that the holder of such license has disposed of solid waste collected
within the Town of Putnam Valley other than at the point of entry designated
by the County of Putnam, if a point of entry has been established, or at a
disposal site not approved by the New York State Department of Environmental
Conservation or that the holder of such license has unlawfully disposed of
solid waste collected outside of the town at a facility open only for the
disposal of solid waste collected within the town or county. Such hearing
shall be held after a written notice of the same is given to the licensee
at least five days before such hearing and directed to the last known address
of said licensee.
[Amended 4-15-1998 by L.L. No. 5-1998]
Any person violating the provisions of this article, notwithstanding the revocation provisions referred to in §
97-11, shall, upon conviction thereof, be liable to a fine or penalty not to exceed the sum of $250 for each offense or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
In addition to proceeding criminally against a violator of this article,
a civil penalty of not less than $50 nor more than $200 may be recovered by
the Town of Putnam Valley in a civil action for each violation thereof.
Every day that a person, firm or corporation collects solid waste without
the license provided for herein shall constitute a separate violation and
shall subject the offender to a separate criminal and separate civil action
and penalty.
Every officer and director of a corporation which is engaged in the
collection of solid waste within the town shall be personally liable for each
violation of this article where the corporation which he or she represents
is operating without compliance herewith.
The provisions of this article shall not apply to one not regularly
engaged in the business of the collection of household, industrial or commercial
solid waste.
This article shall be enforced by the current enforcement authority.