[Adopted 3-1-1993 by L.L. No. 15-1993]
This article shall be cited and may be referred
to hereinafter as the "Solid Waste Management Law of the Village of
Airmont."
A.
The Board of Trustees of the Village of Airmont finds
it necessary to the preservation of the appearance of the Village,
the prevention of health hazards and the convenience and financial
well-being of the citizenry to regulate the solid waste management
industry.
B.
It is the intention of the Board of Trustees to maintain
prompt, efficient, clean and courteous service by the refuse collection
industry at reasonable prices and to assure compliance with federal,
state and county laws and regulations.
A.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural number
include the singular number and words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
B.
ASHES
CONSTRUCTION AND DEMOLITION DEBRIS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
GARBAGE
MULTIFAMILY RESIDENCE
PERSON
REFUSE
SOLID WASTE MANAGEMENT FACILITY
TRASH
(1)
(2)
(3)
VILLAGE
For the purposes of this article, the following terms,
phrases and words and their derivations shall have the meanings given
herein:
The residue from the burning of wood, coal, coke or other
combustible materials.
Any waste resulting from construction, remodeling, repair
and demolition of structures, road building and land clearing, and
such wastes include bricks, concrete and other masonry materials,
soil, rock and lumber, road spoils, paving material and tree and brush
stumps. "Construction and demolition debris" does not include:
White goods, such as refrigerators, stoves,
household appliances, water heaters and the like.
Tires and batteries.
Paint cans and paint in other containers.
Garbage.
Septic waste.
Sewage sludge.
Liquid wastes.
Containers (cans and/or drums that held solvents,
paint thinner, oil, etc.).
Putrescible waste.
Pesticides.
Cardboard or wastepaper.
Contaminated soil.
Significant quantities of wallboard.
Industrial waste.
Hazardous waste as defined in 6 NYCRR 371.
Putrescible animal and vegetable waste resulting from the
preparation, handling, cooking and consumption of food.
Any residence legally containing in excess of two families.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, wastepaper, trash, construction and demolition
debris and ashes. "Refuse" shall not be deemed to include dead animals
or abandoned automobiles.
[1]Any facility employed beyond the initial solid waste collection
process, including but not limited to storage areas or facilities;
transfer stations; rail-haul or barge-haul facilities; processing
facilities, including resource recovery facilities; sanitary landfills;
incinerators; land-spreading facilities; composting facilities, surface
impoundment; and waste oil storage, reprocessing and rerefining facilities.
Any item of solid waste that is nontoxic and/or nonputrescible
and is placed in a clearly fastened container or bag which is filled
at a maximum weight of 60 pounds and a maximum volume capacity of
30 gallons. Said items include, but are not limited to:
Discardable household items of a durable nature,
such as furniture, cardboard cartons or packaging, household appliances
and large appliances, such as refrigerators, washing machines, dryers,
dishwashers and hot-water heaters.
Garden, yard and lawn waste, such as clippings,
leaves, only if placed in containers, cartons or bags which are securely
fastened; Christmas trees, tree branches and fallen trees cut into
sections less than four feet long and tied or weighing no more than
60 pounds per piece.
Ashes and other refuse resulting from the burning
of wood or coal in a residence for heating purposes, so long as the
same is placed in containers, cartons or bags.
The Village of Airmont.
[1]
Editor's Note: The original definition of
SANITATION COMMISSION, which immediately followed this definition,
was repealed 12-4-1995 by L.L. No. 4-1995.
No person shall engage in the business of collecting,
removing or transporting refuse in the Village without first obtaining
from the Village Clerk a license to carry on such business in the
Village and an appropriate identification card for each vehicle used
in such business; nor shall any person, firm or corporation deposit
any refuse, garbage or trash in any town solid waste management facility
which does not have its origin within the Village of Airmont without
the express written approval of the Mayor of the Village.
The fee for a license to engage in the business
described in this article shall be as set from time to time by resolution
of the Board of Trustees, plus fees as set from time to time by resolution
of the Board of Trustees for each vehicle and for each roll-off container
used in such business annually. The fees shall be payable to the Village
Clerk of the Village of Airmont prior to the issuance of the license.
Fees shall not be prorated. Tipping fees at the town's solid waste
management facilities shall be set by the Village Board of Trustees
from time to time.
[Amended 12-4-1995 by L.L. No. 4-1995[1]]
A.
The Village Board of Trustees is hereby authorized
to grant licenses and identification cards under its hands through
the office of the Village Clerk and to be countersigned and sealed
with the Corporate Seal of the Village by the Village Clerk at the
direction of the Village Board of Trustees.
B.
All applications for licenses and identification cards
shall be made by the applicant on forms to be provided by the Village
Clerk. Said applications shall set forth the name, business and residence
address of the applicant; the names and residence addresses of the
officers and stockholders or partners, if the applicant is a corporation
or partnership; whether the applicant, any partner, stockholder or
corporate officer has been convicted by a misdemeanor or felony; a
statement of the ownership interest by said applicant, stockholder,
officer or partner in any other garbage collection business in the
State of New York; a statement of the number, type and kinds of vehicles
to be used by the applicant, including their unladen weight and capacity,
trade name, body type, serial and motor number and state registration;
a list of roll-off containers with their capacity; the kind of service
the applicant desires to perform in the Village; and such other information
as may be required by the Village Board of Trustees. Supplementary
applications shall he verified by the applicant; if a partnership,
by one of the partners; if a corporation, by one of its officers.
C.
Within five days of the occurrence of any change in
the facts stated in any application, the applicant shall report the
same in a supplementary application to the Village Clerk. If additional
vehicles are used in such business, an additional prorated fee shall
be paid for such additional vehicle. All changes made on any license
or identification card shall be made only by the Village Clerk in
conjunction with the Village Board of Trustees.
A.
One- or two-family residences. The licensee may not
charge new customers on residential routes for one- or two-family
houses a rate in excess of the rate charges other customers similarly
situated on the same street or route.
B.
Commercial establishments and multifamily residences.
The fee shall be negotiated between the owner and the collector.
Each applicant for a license shall file with
the Village Clerk's office evidence in the form of a certificate or
other evidence of insurance that a policy of automobile liability
insurance is in full force and effect with personal injury limits
of no less than $1,000,000/$2,000,000 and property damage coverage
with limits of $250,000, and that a policy of general liability insurance
is in full force and effect with limits of no less than $1,000,000/$2,000,000
covering personal injury, including death, and with limits of no less
than $250,000 covering property damage and covering the applicant
and each and every vehicle engaged in the collection of refuse. Such
policies shall be endorsed to indemnify and save harmless the Village
of Airmont from any and all claims for personal injury or property
damage arising out of the operations of the applicant covered by the
license and the operation, ownership and maintenance of any vehicle
used by the applicant in the Village. Such policies or certificates
of insurance shall name the Village of Airmont as an additional insured.
Each applicant shall file with the Village Clerk's office evidence
in the form of a certificate of insurance that the proper workmen's
compensation is in force and effect covering each and every person
employed by the applicant in the collection of such refuse. Said certificates
of insurance shall be approved by the Village Attorney. The insurance
policies shall have a term which will expire December 31 of the license
year.
A.
Every application for a license shall be accompanied
by a letter of credit approved as to form by the Village Attorney
in the amount of $25,000 conditional upon the assurance that, during
the term of such license, the licensee will continue to comply with
all the laws, codes, ordinances, rules and regulations of the State
of New York, County of Rockland, and the Village of Airmont and the
rules and regulations of the Village Board of Trustees and to assure
that, upon default in the performance by the licensee during the term
of the license, the Village will be reimbursed for any funds, work
or services rendered in carrying out the duties of the licensee, all
in accordance with a schedule of fees and charges for such service
as shall be formally filed from time to time with the Village Board
of Trustees through the Village Clerk by the Department of Solid Waste
Management of the Village.
B.
Such letter of credit shall run to the Village of
Airmont for its use and benefit and for the use and benefit of any
person or persons intended to he protected thereby and shall be conditional
on the payment of any damage to public or private property and the
payment for any damages or losses resulting from any malfeasance,
misfeasance or negligence in connection with any of the activities
or conditions upon which the license applied for is granted, including
expense to the Village in supplying emergency or supplemental service
to customers of a defaulting contractor.
C.
In addition, each licensee shall maintain an escrow
account in the Village Trust Fund, in accordance with a schedule established
by the Director of Finance of the Village. Such escrow account must
be maintained at the schedule established by said Director of Finance.
Failure to do so shall result in suspension of the license.
All licenses issued under this article shall
be granted for a term to end on the 31st day of December next following
the issuance thereof.
[Amended 12-4-1995 by L.L. No. 4-1995[1]]
A license may he refused or revoked if the applicant,
or any partner, stockholder or corporate officer, shall have been
convicted of a misdemeanor or felony which in the judgment of the
Village Board of Trustees renders the applicant unfit or undesirable
to carry on the trade or occupation involved herein. The Village Board
of Trustees may also refuse or revoke to any person who in its judgment
shall be unfit, undesirable or incapable of conducting the trade or
business involved herein or who fails to comply with the provisions
of this article. The granting, refusal or revocation of such license
by the Village Board of Trustees shall be subject to review by an
Article 78 proceeding.
The unreasonable refusal to comply with the
following regulations shall be grounds for revocation of the license.
Every licensee under this article:
A.
Shall, between the hours of 6:00 a.m. and 6:00 p.m.
of the business day, excluding Saturday, Sunday and holidays, be required
to furnish such service to the public as herein provided.
B.
May work on Saturdays or holidays in its individual
discretion.
C.
Shall carry an identification card on each vehicle
used in the licensee's business which shall be exhibited on demand
of the property owner where collection is being made or by the town
police.
D.
Shall render efficient, reliable, quiet and courteous
service at all times.
E.
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 by giving a notice, in writing, to the customer by
certified mail, return receipt requested, with a copy to the Village
Board of Trustees.
[Amended 12-4-1995 by L.L. No. 4-1995[1]]
F.
Shall make a minimum of two collections per week,
at least three days apart.
G.
Shall not refuse to collect refuse although there
is no separation of materials.
H.
Shall pick up any refuse which is dropped by him.
I.
Shall park his vehicle as far off the road as is possible.
J.
Shall continue to make pickups at the present locations.
No customer receiving backyard service shall he required to place
refuse containers along the street for pickup, except in an emergency
declared by the Mayor of the Village.
K.
Shall bill customers at least once every two months.
L.
Shall permit all reasonable inspections of its business
and examinations of its books by the Village Board of Trustees and
other public authorities so authorized by law.
[Amended 12-4-1995 by L.L. No. 4-1995[2]]
M.
Shall keep all records and books necessary to the
computation of its license fee and to the enforcement of this article.
Where the licensee fails to keep such records, the Village Board of
Trustees shall make its own determination as to the financial statement
for any business where the licensee has failed to keep hooks and records
as required herein.
[Amended 12-4-1995 by L.L. No. 4-1995[3]]
N.
Shall refrain from operating the licensed business
after expiration of its license or during any period the license is
revoked or suspended.
O.
Shall avoid all forbidden, improper or unnecessary
practices or conditions which do or may affect the public health,
morals or welfare of the Village.
P.
Shall not refuse to accept a new residential customer
on any street or route where it is already providing service to residential
customers, except in the case of a customer who had been discontinued
by a licensee for nonpayment of an account properly stated so long
as said nonpayment continues.
Q.
Must provide forthwith and at all times during the
year a telephone and be prepared to receive and answer messages from
9:00 a.m. to 5:00 p.m. every business day of the year.
R.
Shall have prepared and shall distribute at its own
expense to each customer a card setting forth its full corporate name,
its business address, its local telephone number (which telephone
service must be regularly maintained locally) and the name and address
of the Village Board of Trustees and the telephone number of the Village
Clerk or such other number as shall be specified by the Village Board
of Trustees for receiving complaints.
[Amended 12-4-1995 by L.L. No. 4-1995[4]]
S.
Shall be prohibited from furnishing such service prior
to 6:00 a.m.
B.
All refuse must be in containers. The licensee shall
not be required to collect any refuse which is not placed therein.[2]
C.
The customer shall not require collections from the
interior of any structure unless an extra charge shall be mutually
agreed upon with the collector.
D.
Customers may not be in arrears more than 30 days
on any account properly stated.
A license shall not be assignable. Any holder
of a license granted under this article who allows it to be used by
any other person and any person who uses a license granted to any
other person shall be each guilty of a violation of this article.
A.
The vehicles to be used by collectors of refuse shall
have been inspected and approved by the Rockland County Health Department,
whose inspection certificate signed by a sanitary inspector shall
be exhibited to the Village Board of Trustees, and shall be so constructed
as to make impossible the spilling or leakage of refuse, and, in transporting
such material through the Village, the vehicle shall be covered in
such manner that none of the contents can spill on Village roads.
Any refuse falling to the streets or roads in said Village must be
immediately cleaned up.
[Amended 12-4-1995 by L.L. No. 4-1995[1]]
B.
The licensee must keep all vehicles clean, sanitary
and neatly painted and shall wash, clean and disinfect such vehicles
at least once a week.
C.
The licensee must keep all vehicles readily identifiable
by lettering the names of the owners and their Village of Airmont
permit numbers, in letters of suitable size, upon the vehicles.[2]
[2]
Editor's Note: Original Section XVI, Creation
and organization of Sanitation Commission, which followed this section,
was repealed 12-4-1995 by L.L. No. 4-1995.
[Amended 12-4-1995 by L.L. No. 4-1995[1]]
The Village Board of Trustees shall have the
following powers in order to further the purposes of this article:
A.
To investigate all violations of this article and
any grievances reported by customers and the refuse collection industry.
B.
To take testimony concerning violations of this article,
grievances of customers and the refuse collection industry and petitions
for revised rates.
C.
To hold public hearings on 10 days' notice by publication
in the official newspaper of the Village of Airmont, together with
written notice by registered mail to the members of the refuse collection
industry involved.
D.
To reasonably discipline licensees for noncompliance with rules, regulations and directives of the Village Board of Trustees or for noncooperation in an investigation or hearing, including but not limited to suspension or revocation of licenses issued pursuant to § 172-4 of this article.
E.
All other powers granted herein and all other powers
necessary, incidental or implied to carry out the purposes and proper
functions of this article.
A.
Except as provided herein, any person, firm or corporation
collecting refuse in the Village of Airmont without a license or violating
any of the provisions of this article, including any rules and regulations
adopted pursuant hereto, shall be guilty of an offense against this
article and, upon conviction, shall be punishable by a fine of not
more than $5,000 or a term of imprisonment of not more than 15 days,
or both. Each day that such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such hereunder.[1]
B.
The following fines shall apply under the circumstances
specified: Any person, firm or corporation who shall deposit any material
not authorized to be deposited at the town's solid waste management
facility shall pay a fee in addition to all others of $2,500, or shall
serve a term of imprisonment of not more than 15 days, or both. In
the event that only a portion of the material sought to be dumped
shall violate this subsection, all the material in said load shall
be presumed to be violative of this subsection.[2]
C.
Any person, firm or corporation who knowingly gives false information upon any application for a license, or renewal thereof, or who conceals any application for a license, or renewal thereof, or who conceals any conviction of a misdemeanor or a felony by any individual, partner, stockholder or corporate office or who allows another person to use the license issued to himself or itself or who unreasonably refuses to comply with the regulations of § 172-12 herein shall suffer revocation of his license.
D.
Any act stated herein to be grounds for revocation
of a license shall result in a revocation of said license by order
of the Village Board of Trustees after due notice and public hearing.
[Amended 12-4-1995 by L.L. No. 4-1995[1]]
The Police Department of the Town of Ramapo,
the Village Board of Trustees, and/or the Code Enforcement Officer
or Building Inspector of the Village of Airmont shall have the power,
right and authority to issue an appearance ticket, as the same is
defined in Article 150 of the Criminal Procedure Law of the State
of New York for the violation of any section of this article.
Nothing in this article shall be construed to
supersede the minimum standards contained in Part 19 of the State
Sanitary Code which shall govern when and where any provisions of
this article are found to be inconsistent with said standards.
Nothing contained in this article shall be construed
or interpreted to make the Village a party to any contract for refuse
removal.
