[Adopted 5-8-1985 (Ch. 24 of the 1972 Code); amended in its entirety 5-11-2011 by L.L. No. 4-2011]
It is the purpose of this article to protect and enhance the public health and welfare of the Town of Carmel by regulating the storage, collection and transportation for disposal of solid waste and recyclable materials within the Town of Carmel, including the licensing and regulation of persons and vehicles engaged in such collection and transportation.
For the purposes of this article, certain words and terms used herein are defined as follows:
COMMERCIAL CUSTOMER
Any customer of a refuse collector who stores refuse and garbage in the containers referred to in § 95-21C herein.
CURBSIDE COLLECTION
Placement of contained garbage or refuse designated for collection within 10 feet of a private, Town, county or state right-of-way from which a residence derives access.
GARBAGE
All putrescible animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food or the storage and sale of produce.
HAZARDOUS WASTE
All those wastes that can cause serious injury or disease during the normal storage, collection and disposal cycle, including but not limited to explosives, inflammables, pathological and infectious wastes, radioactive materials, poisons, acids and dangerous chemicals or combinations of chemicals and any material designated as hazardous waste by federal and state agencies having jurisdiction.
PERSON
Any individual, group of individuals, partnership, firm, corporation or association.
RECYCLABLES or RECYCLABLE MATERIALS
Raw or processed material that can be recovered from a waste stream for reuse as defined in Chapter 205 et seq. of the Code of Putnam County, New York, as may be amended.
REFUSE
All putrescible and nonputrescible solid waste, including garbage, rubbish, rubble, trash, small dead animals, ashes, solid commercial and industrial waste, but not including human or rendering waste, junk motor vehicles, dirt or rocks.
REFUSE COLLECTOR
Any person duly licensed or authorized, pursuant to this article, to engage in the business of collecting, storing, hauling or transporting of refuse and garbage in the Town of Carmel.
RESIDENTIAL CUSTOMER
Any customer of a refuse collector who stores refuse and garbage in the manner described in § 95-21A and B herein.
SOLID WASTE
All matter of useless, unwanted or discarded solid or semisolid domestic, commercial, industrial, institutional, construction and demolition waste material, including garbage and refuse, but excepting human or rendering waste.
A. 
Except as otherwise provided, all garbage and refuse shall be stored in containers, commercially manufactured for that purpose, equipped with suitable handles and tight-fitting covers and which shall be watertight and capable of being properly cleaned and sanitized. Such containers shall not exceed 96 gallons in capacity.
B. 
Plastic (polyurethane) bags may be used for storage of all refuse, provided that such bags are securely tied or otherwise fastened at the top, are free from holes, rips or tears and are of sufficient strength to permit normal handling without rupture.
C. 
Containers, larger than those permitted in Subsection A of this section, may be used on commercial properties and other properties where the type of collection equipment and/or collection methods permit the handling of such containers without endangering health or safety.
D. 
Any waste material, other than garbage which cannot readily be deposited in containers, may be compacted and securely bundled, tied or packed so as to not be likely to be spilled or scattered when so packed and secured.
E. 
Hazardous waste shall not be stored, placed for collection nor collected, except on special permission by the Town Board or approval by federal or state agencies having jurisdiction and only in conformance with the regulations applicable thereto.
A. 
Where collection is provided at the roadside, containers shall be placed in a visible and accessible area and shall not interfere with sidewalk or vehicular traffic or parking.
B. 
Where collection is provided at the roadside, the refuse collector shall place containers back onto the owner's property in a neat fashion with covers on.
C. 
The refuse collector shall not leave refuse or garbage upon streets or public or private property which may have dropped from containers or the collector's equipment.
Collection shall be restricted to the hours of 6:00 a.m. to 6:00 p.m., Monday through Saturday, and shall be carried on by the refuse collector with a minimum of discomfort to property owners and residents.
Refuse collectors shall remedy any and all missed or improper service within 24 hours, excepting Sundays.
A. 
All vehicles used to collect, haul or transport refuse and garbage shall be of metal or other impervious material, shall be constructed and maintained to prevent refuse and garbage from accumulating in or on the body, shall be capable of being completely emptied and shall be kept in a clean and sanitary condition.
B. 
Any vehicle used to collect, haul or transport refuse and garbage shall be of such design and construction so as to prevent escape of refuse, garbage or recyclables or other contents, and such preventative design shall be implemented at all times during the hauling or transportation of refuse and garbage.
C. 
All vehicles used by any refuse collector shall display the name of the collector and vehicle number clearly printed and readily visible on each side of the vehicle, as well as display any Town-of-Carmel-issued inspection/license stickers as have been issued by the Town of Carmel, in a conspicuous location designated by the Town of Carmel.
D. 
All vehicles used to collect, haul or transport refuse and garbage shall be subject to inspection by the Town of Carmel.
A. 
Except as otherwise provided herein, it shall be unlawful for any person to operate, engage in, conduct or cause the operation of a business engaged in the collection and disposal of refuse and garbage in the Town of Carmel without first having obtained a license from the Town Board as well as any permits or approvals required by state and county agencies having jurisdiction, or to use in such collection of refuse and garbage any vehicle other than one approved in such license.
B. 
Nothing provided herein shall prohibit the actual producers of refuse and garbage, or the owners of premises upon which refuse and garbage has accumulated, from personally collecting, conveying and disposing of such refuse and garbage without the license provided herein, provided that it is done in compliance with all other relevant provisions of this article.
C. 
A copy of the current license must be kept in all vehicles used for the collection and disposal of garbage and refuse for any person or corporation licensed under this article.
A. 
Every person who desires to collect or engage in the business of collecting refuse and garbage within the Town of Carmel shall file a written, certified application for a license in form and content as approved by the Town Board of the Town of Carmel.
B. 
Before a license may be issued by the Town Board, each applicant shall file satisfactory proof of the following insurance coverage:
(1) 
Worker's compensation insurance.
(2) 
Disability benefits insurance.
(3) 
Public liability insurance with minimum limits of $1,000,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
(4) 
Automobile liability insurance with minimum limits of $500,000 per person and $1,000,000 per accident for bodily injury and $50,000 for property damage.
If the Town Board shall find from the statements contained in the application and after investigation of other relevant factors that the applicant is qualified and able to conduct the business of collection of refuse and garbage and conforms to the provisions of this article and any other applicable rules and regulations of the Town of Carmel, and if it appears that the issuance of a license is in the public interest, then the Town Board shall issue a license stating the name and address of the applicant, the number of collection vehicles the applicant is authorized to operate, the date of the issuance thereof and the effective date of the license.
Each application for a license or license renewal shall be accompanied by a nonrefundable annual fee, which license fee shall be established annually by the Town Board and shall be on file with the Office of the Clerk.
[Amended 9-21-2011 by L.L. No. 6-2011]
A. 
All licenses issued hereunder shall be for a term of the calendar year, commencing January 1 and concluding December 31 of each year. All licenses shall, unless properly renewed, expire on December 31 of each year of issuance. In seeking a license renewal, the licensee shall submit an application pursuant to § 95-28 and appropriate fees pursuant to § 95-29 herein. Upon the enactment of this provision, any license fees previously paid by an applicant for existing licensed issued hereunder shall be prorated and/or credited toward any renewal and/or new application fees due from applicant.
B. 
In seeking renewal of a license issued pursuant to this chapter, the applicant shall submit a completed application pursuant to § 95-28, together with the applicable fee(s) no later than November 15 of each year. The submission of a completed application and fees pursuant to this section shall be deemed compliance with the licensing provisions of this chapter and shall be deemed a valid current license in the absence of any action to the contrary by the Town Board of the Town of Carmel.
C. 
The failure of the applicant to submit the renewal application in strict accordance with Subsections A and B above shall be deemed a new license application pursuant to § 95-29 herein and any existing license shall be deemed expired.
D. 
Any new license applications submitted and received subsequent to January 1 shall, upon approval of the Carmel Town Board, be valid from the date of approval until December 31. License fees shall not be reduced for any application submitted after January 1, notwithstanding the fact that the license term may be for a period of less than one year.
Every person or entity licensed pursuant to this article shall, in addition to all other requirements set forth within this article, provide the following services with respect to residential refuse and garbage collection within the Town of Carmel:
A. 
Provide recyclable item pickup for items as defined in Article II of this chapter for residential customers at a minimum interval of one time per week.
B. 
Provide curbside bulk pickup for residents' households at a minimum interval of two times per year, subject to the following:
(1) 
Curbside bulk pickup applies to household items only and must be at the curb by the night before the scheduled pickup;
(2) 
The curbside bulk pickup requirement is limited to three cubic yards per household per pickup. Any amount in excess of three cubic yards per pickup shall be governed by private agreement between the hauler and the property owner and/or occupant.
(3) 
The following items are not included for curbside bulk pickup: paint, chemicals, liquids, stumps, trees, masonry, lumber, logs, brick, used oil, batteries, stone, tires, propane tanks, construction, renovation or remodeling debris, including kitchens, baths, decks and windows, as well as hazardous waste as defined herein.
(4) 
The refuse collector shall not be responsible for curbside bulk pickup of refrigerators, freezers, air conditioners, etc., unless same have been decharged and certified by an individual or entity licensed accordingly by the State of New York.
C. 
Provide discarded Christmas tree pickup during the week of January 7 through January 14 each year. This provision shall not apply to artificial Christmas trees.
D. 
Establish and maintain its periodic and/or unit-cost rates for household garbage and refuse pickup in accordance with and not exceeding the periodic and/or unit cost rates set by the Town Board of the Town of Carmel by resolution annually, subject to the following:
(1) 
For once-per-week collection the rate established by the Town Board shall include pickup of 96 gallons of refuse/garbage in quantity or less, collected at curbside.
(2) 
For twice-per-week collection the rate established by the Town Board shall include pickup of the aggregate of 192 gallons of refuse/garbage in quantity or less, collected at curbside.
E. 
Any person or entity licensed pursuant to this article may provide collection containers to any residential customer at no additional charge.
F. 
Any person or entity licensed pursuant to this article may provide services in excess of those set forth in Subsection E above at an agreed-upon cost with the residential customer, including but not limited to excess volume of garbage and refuse, or bulk pickup, increased frequency of collection, driveway service, etc.
G. 
Licensees shall provide a ten-percent discount to all residential customers 65 years of age or older.
No license issued hereunder shall be assigned, sold or transferred.
A. 
Every licensee shall keep complete and accurate books of account with respect to the operation of his business in which shall be entered and which shall show, among other things, a current schedule of fees charged to customers, all income derived or received from each of his customers and all other sources, together with details of all expenses and disbursements made or incurred in the operation of his business in the Town of Carmel. Such books of account shall be kept current on a monthly or quarterly basis and brought up to date not later than 30 days after the expiration of such period. All such records shall be retained by the licensee for at least three years.
B. 
The Town of Carmel shall have the right to inspect such books of account and records maintained by the licensee.
C. 
Every licensee shall provide the Town of Carmel with a financial statement for the preceding calendar year which shall be certified by an accountant and which shall include the licensee's total income derived from customers in the Town of Carmel, the number of said customers, the sources of revenue relative to the Town of Carmel, together with the details of all expenses and disbursements made or incurred by the licensee in the operation of the licensee's business in the Town of Carmel. Said financial statement shall be filed with the Town Clerk within 90 days following each calendar year.
A. 
Any license issued under the provisions of this article may be suspended by the Town Board for a period not exceeding 30 days, or the Town Board may revoke such license, where one or more of the following situations is found to exist:
(1) 
That the licensee has failed to reasonably fulfill his obligations as a private refuse collector to a customer.
(2) 
That the licensee is insolvent or has made a general assignment for the benefit of creditors or has been adjudged as bankrupt or a money judgment has been secured against him upon which an execution has been returned wholly or partly unsatisfied.
(3) 
That a licensee has failed to keep and maintain records or has refused to allow the inspection thereof as provided herein.
(4) 
That a licensee has violated any of the provisions of this article.
(5) 
That a licensee has ceased to operate as a private refuse collector within the Town of Carmel.
B. 
No such suspension shall be sustained nor any license be revoked except after a hearing by the Town Board upon at least 10 days' written notice thereof to such licensee.
The Town Board of the Town of Carmel may adopt such further rules and regulations as it may deem necessary or expedient in the implementation and administration of this article.
A. 
Any person committing an offense against this article shall be guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
B. 
Each day an offense against this article shall continue to exist shall constitute a separate offense.
C. 
In addition to the above-provided penalties, the Town of Carmel may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this article.
D. 
This article and its provisions shall be enforced by the Police Department of the Town of Carmel.
This article shall take effect immediately.