[[1]HISTORY: Adopted by the Town Board of the Town of Huntington 6-28-1994 as part of L.L.
No. 5-1994.[2] Amendments noted where applicable.]
GENERAL REFERENCES
Department of Environmental Waste Management — See Ch. 27.
Sanitation Advisory Commission — See
Ch. 61.
Distribution of circulars — See Ch. 73.
Housing standards and property maintenance — See Ch. 124.
Junkyards — See Ch. 130.
Littering — See Ch. 133.
Property maintenance; nuisances — See Ch. 156.
Sewer use management — See Ch. 164.
[1]
Editor's Note: The title of this chapter was
changed from "Garbage, Rubbish and Refuse Disposal" 9-26-2000 by L.L.
No. 27-2000.
[2]
Editor's Note: This local law also repealed
former Ch. 117, Garbage and Refuse Disposal, adopted 6-3-1969 as Ch.
23 of the 1969 Code of the Town of Huntington, as amended.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them:
Any item normally discarded as solid waste that has the potential
for reclamation or reuse and is designated as such by the Director
for the purpose of waste stream reduction and/or resource conservation.
Items designated as an Acceptable Recyclable Item shall be added or
removed from the Town of Huntington recycling program upon notification
to the public via the annual Trash and Recycling Calendar mailed to
residential dwellings and posted on the Town of Huntington website.
[Added 11-19-2020 by L.L.
No. 47-2020]
All solid waste that is normally disposed of by and collected
from residential, commercial, industrial, governmental or institutional
establishments, except that acceptable waste shall not include hazardous
or medical waste, or cow or horse manure.
[Amended 9-26-2000 by L.L. No. 27-2000; 9-8-2009 by L.L. No. 10-2009]
The noncombustible residue from the burning of combustible
substances such as wood, coal, coke and paper, as well as loose inorganic
material from fires to structures.
Carbon-zinc, lithium, nickel-cadmium and all other household
rechargeable batteries, excluding sealed lead-acid batteries.
[Amended 12-8-2015 by L.L. No. 49-2015]
Any mattress or box spring which can be used by any human
being for sleeping or reclining purposes.
[Added 11-19-2020 by L.L.
No. 47-2020]
Residential solid waste which is larger than two (2) feet
by two (2) feet by four feet (4) in any one of its dimensions or weighs
more than fifty (50) pounds, including but not limited to mattresses,
nonmetal furniture and rugs.
[Amended 12-8-2015 by L.L. No. 49-2015]
Any plastic item that is not considered a Plastic Bottle/Food
container such crates, buckets, baskets, totes, lawn furniture, toys,
pipes, hoses, pet carriers, vinyl siding and plastic plant trays or
flower pots.
[Added 11-19-2020 by L.L.
No. 47-2020]
All unsoiled corrugated and noncorrugated paperboard used
for packing, mailing, shipping or containerizing goods or merchandise,
except paperboard that contains significant quantities of any substance
other than paper, such as wax-coated or plastic-coated cardboard.
To pick up, remove, load or otherwise perform the collection
and disposal of solid waste. The picking up, removal, loading or transporting
upon or across streets within the Town of solid waste shall constitute
prima facie evidence of operating, engaging in, conducting or causing
the operation of a business engaged in the collection and disposal
of such waste.
[Amended 9-26-2000 by L.L. No. 27-2000]
A vehicle that must be permitted by the Town to operate commercially
within the Town for the purpose of collecting and transporting solid
waste.
[Amended 9-26-2000 by L.L. No. 27-2000]
A closed-top roll-off container used for the collection of
solid waste employing a self-contained mechanism for the compression
of such waste.
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads;
and uncontaminated solid waste resulting from land clearing. Such
waste includes, but is not limited to bricks, concrete and other masonry
materials, soil, rock, wood (including painted, treated and coated
wood and wood products), land clearing debris, wall coverings, plaster,
drywall, plumbing fixtures, non-asbestos insulation, roofing shingles
and other roof coverings, asphaltic pavement, glass, plastics that
are not sealed in a manner that conceals other wastes, empty buckets
ten (10) gallons or less in size and having no more than one inch
of residue remaining on the bottom, electrical wiring and components
containing no hazardous liquids, and pipe and metals that are incidental
to any of the above.
[Added 12-8-2015 by L.L.
No. 49-2015]
All uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of structures and roads, as well
as land clearing and grubbing debris, including but not limited to
bricks, concrete and other masonry materials, soil, rock, wood, drywall,
plaster, shingles, asphalt, glass and structural metals.
Shall mean dumpsters, compactor units and roll-off containers
collectively.
[Added 12-8-2015 by L.L.
No. 49-2015]
The Department of Environmental Waste Management of the Town.
[Added 7-1-1998 by L.L. No. 31-1998;
amended 12-8-2015 by L.L. No. 49-2015]
The Director of the Department of Environmental Waste Management
of the Town.
[Amended 7-1-1998 by L.L. No. 31-1998; 12-8-2015 by L.L. No. 49-2015]
A solid waste storage and collection container with a permanently
attached cover used to hold two (2) to eight (8) yards of putrescible
or nonputrescible waste. Such container is usually placed at a business
location for an extended period of time and emptied in place into
a collection vehicle.
[Amended 12-8-2015 by L.L. No. 49-2015]
Means "covered electronic equipment" as defined in Article
27 Title 26 of the Environmental Conservation Law, and as may be amended,
including but not limited to a computer, computer peripheral, small
electronic equipment, small-scale server, cathode ray tube and televisions.
The term "covered equipment" shall not include any part of a motor
vehicle, household appliances, telephones of any type, cameras or
video equipment, thermostats, hand-held receivers, portable or stationary
radios, security or anti-terrorism equipment, or the shell, casing
or other enclosure of a covered electronic equipment where its wiring,
materials, assemblies, or components have been removed.
[Added 12-9-2014 by L.L. No. 44-2014]
A chemical compound, mechanical mixture or article containing
any oxidizing or combustible ingredients in such proportions, quantities
or packing that an ignition by fire, friction, concussion, percussion
or detonation of any part of the compound, mixture or article may
cause sudden generation of highly heated gases such that the resultant
gaseous pressures are capable of producing destructive effects on
surrounding life, limb or property.
Putrescible animal and vegetable waste resulting from the
handling, storage, sale, preparation, cooking or serving of foods.
All food and beverage containers composed of silica, soda
ash and limestone, being transparent, translucent, green, blue or
amber, but not including ceramics, china, light bulbs, plate glass,
oven-proof cookware or mirrors.
[Amended 12-8-2015 by L.L. No. 49-2015]
All glass food and beverage containers composed of silica,
soda ash and limestone, being transparent, translucent, green, blue
or amber, but not including ceramics, china, light bulbs, plate glass,
oven-proof cookware or mirrors.
[Added 11-19-2020 by L.L.
No. 47-2020]
Any wastes which, according to any applicable law from time
to time in effect, are defined or classified as "hazardous" or as
requiring special handling in their collection, storage, treatment
or disposal, including those described in NYCRR Title 6, §§ 371.3
- 371.4, including but not limited to cleaning fluids, crankcase oils,
acids, caustics, poisons, explosives and substances of similar nature.
Waste material, consisting of garbage and trash generated
from typical daily routine residential household activities. Household
Garbage does not include Household Remodeling Waste, Residential Yard
Waste, land clearing debris, Hazardous Waste or Bulk Items.
[Added 11-19-2020 by L.L.
No. 47-2020]
Waste material consisting of minor "do-it-yourself" repairs
to a portion of a residential dwelling such as sheetrock, lumber,
insulation and cabinetry. Household Remodeling Waste excludes bathroom
fixtures, porcelain sinks, toilets, tubs, bricks, cement, dirt, sand,
stone countertops and other Nonprocessible Waste.)
[Added 11-19-2020 by L.L.
No. 47-2020]
An individual's spouse, parent, child or sibling.
[Added 12-8-2015 by L.L.
No. 49-2015]
Any person licensed pursuant to the provisions of this chapter.
The liquid and waste solids contained in on-site sanitary
wastewater disposal systems, subsurface sewage disposal systems and
appurtenances, wastewater from laundry operations and industrial wastewater.
All infectious and noninfectious medical waste, including
but not limited to surgical, pathological and biological waste.
Material generated in research, production and testing of
biologicals or for health care purposes, including but not limited
to infectious animal waste, human pathological waste, human blood
and blood products, needles and syringes (sharps) except for those
used residentially for maintenance of chronic medical conditions,
cultures and stocks (microbiological materials), and other biohazard
waste such as materials contaminated with infectious agents such as
the Ebola virus.
[Amended 12-8-2015 by L.L. No. 49-2015]
All food and beverage containers composed of aluminum, steel
or tin, or any combination thereof.
All unsoiled paper, except newspaper, such as discarded mail,
stationery and loose leaf paper, but not including paper that contains
significant quantities of any substance other than paper, such as
foil-coated or carbon paper.
All newsprint and newspaper advertisements, supplements and
enclosures.
Hazardous or regulated medical waste or that component of
acceptable waste, including construction and demolition material,
white goods, large items of machinery and equipment, liquid waste,
sludges, regulated batteries, porcelain fixtures, and other material,
the processing of which is likely to constitute a threat to health
or safety or adversely affect the operation of the resource recovery
facility or cause the violation of any applicable law or permit for
said facility.
[Amended 12-8-2015 by L.L. No. 49-2015]
Any individual, partnership, association, firm, company,
corporation or organization of any kind.
All household containers imprinted with resin code 1 through
7 (excluding styrofoam) used to contain liquids including but not
limited to milk, juice, bleach, detergents, cleaners and automobile
fluids.
[Amended 12-9-2014 by L.L. No. 44-2014; 12-8-2015 by L.L. No. 49-2015]
All plastic household bottles and food containers imprinted
with resin code 1 through 7 (excluding styrofoam) typically utilized
in the kitchen, bathroom or laundry area, and used to contain food
or liquids, including but not limited to, milk, juice, yogurt, bleach,
detergents, cleaners. All plastic bags, plastic films and plastic
wraps are excluded from curbside recycling.
[Added 11-19-2020 by L.L.
No. 47-2020]
The last known owner as set forth in the most current assessment
roll of the Town, or the person-in-charge of the property.
[Amended 12-8-2015 by L.L. No. 49-2015]
The quality attributed to organic matter regarding its tendency
to decompose with the formation of malodorous by-products.
A waste storage and collection container which is durable,
rust-resistant, nonabsorbent, watertight and capable of being tightly
sealed with handles adequate for manual lifting.
[Amended 12-8-2015 by L.L. No. 49-2015]
Any item normally discarded as solid waste that has the potential
for reclamation or reuse and is designated as such by the Director
for the purpose of waste stream reduction and/or resource conservation,
including regulated batteries, cardboard, glass, metal cans, mixed
paper, newspaper, plastic and any other item deemed recyclable by
the Director.
[Amended 12-8-2015 by L.L. No. 49-2015]
All putrescible and nonputrescible materials (except body
wastes) that are discarded or rejected as useless or worthless, including
but not limited to garbage, rubbish, ashes, scrap metal and yard waste.
Vegetation consisting of plant debris, garden waste, leaves,
trimmings or prunings created by regular seasonal maintenance of residential
properties by homeowners. Residential Yard Waste excludes grass and
land-clearing debris such as dirt, rocks, mulch, woodchips, rootballs,
and tree limbs, trunks, stumps, or branches larger than 5' in diameter.
[Added 11-19-2020 by L.L.
No. 47-2020]
The waste-to-energy facility and appurtenant structures located
at or near 99 Town Line Road, East Northport, New York.
[Amended 12-8-2015 by L.L. No. 49-2015]
An open-top container used on a temporary or short-term basis
for the collection of nonputrescible waste, including but not limited
to construction and demolition material. Such container is typically
loaded on a collection vehicle and transported to a transfer or disposal
facility for processing or off-loading.
[Amended 12-8-2015 by L.L. No. 49-2015]
All putrescible and nonputrescible materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owner's at the time of such discharge or rejection, including
but not limited to refuse, industrial and commercial waste, sludges
from air or water control facilities, tires, contained gaseous material,
construction and demolition material, but not including sewage and
other highly diluted water-carried materials or substances and those
in noncontainerized gaseous form.
[Amended 12-8-2015 by L.L. No. 49-2015]
All nontown solid waste accepted for processing at the Resource
Recovery Facility for the purpose of maintaining adequate fuel inventory.
[Added 7-1-1998 by L.L. No. 31-1998]
Any road, avenue or other public highway in the Town of Huntington.
The Town of Huntington, Suffolk County, New York.
The duly elected and constituted legislative body of the
Town.
[Amended 12-8-2015 by L.L. No. 49-2015]
An area or facility designated by the Town for the storage,
transportation, recycling, processing, separation, treatment or disposal
of solid or liquid waste.
Items designated as an unacceptable recyclable item shall
be added or removed from the Town of Huntington recycling program
upon notification to the public via the annual Trash and Recycling
Calendar mailed to residential dwellings and posted on the Town of
Huntington website.
[Added 11-19-2020 by L.L.
No. 47-2020]
Metal household appliances including but not limited to stoves,
refrigerators, washing machines and dishwashers or other large metal
household waste items.
[Amended 12-8-2015 by L.L. No. 49-2015]
Solid waste consisting of vegetation generated by landscaping
activities, including but not limited to grass clippings, weeds, branches
and leaves.
[Amended 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001; 12-8-2015 by L.L. No. 49-2015]
(A)
License. It shall be unlawful for any person to engage in or to permit,
allow, or cause another to engage in the collection and/or disposal
of solid or liquid waste, or to transport such waste across any street
without benefit of a license issued by the Huntington Town Clerk,
except that a property owner or lessee of property removing, disposing
and/or transporting liquid or solid waste from his own property shall
not require a license.
(B)
Permits. The collection, disposal and transportation of solid or
liquid waste shall require the following permits.
(1)
Collection vehicle permit. It shall be unlawful for any person to
permit, allow, or cause any vehicle under his control to be used for
the collection or disposal of solid or liquid waste, or to be used
for the transportation of such waste across any street without benefit
of a permit having been issued by the Huntington Town Clerk, except
that a property owner removing, disposing and/or transporting liquid
or solid waste from his own property shall not require a permit. All
permits shall be affixed to the front driver's side of such vehicles
and be clearly visible at all times. Failure to affix the permit to
the vehicle or to affix the permit in an improper fashion or location
shall be a violation of this chapter; and
(2)
Container permit.
(a)
It shall be unlawful for any person to use, allow or cause another
to use any dumpster, compactor unit, receptacle or roll-off container
to collect, remove, dispose, hold, or contain solid waste without
benefit of a permit having been issued for such container by the Huntington
Town Clerk.
(b)
A permit shall only be affixed provided the dumpster, compactor
unit or roll-off container is in good condition, free from leakage
and in working order and if the name and telephone number of the owner
appears on two (2) opposite sides of the container in letters at least
four (4) inches in height. All compactor units and roll-off containers
shall have their permits affixed so that the permit is clearly visible
and is as close to the cab as possible on the driver's side of the
vehicle transporting such container. Upon the sale or transfer of
a container, a permit issued to the new owner and the new owner's
name and telephone number shall be affixed to the container prior
to placing it in service. Failure to affix the permit to the container
or to affix the permit in an improper fashion or location shall be
a violation of this chapter; and
(C)
Fraudulent practices. It shall be a violation of this chapter for
any person, without a license and/or permit, delivering solid or liquid
waste to a Town facility in furtherance of a business or commercial
venture to represent himself as the property owner or lessee of property
who generated the waste.
[Amended 7-1-1998 by L.L.
No. 31-1998; 11-23-1999 by L.L. No. 21-1999; 7-25-2000 by L.L. No. 19-2000; 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No.
13-2001; 12-8-2015 by L.L. No. 49-2015]
(A)
All applications shall be filed in the Department of Environmental
Waste Management on forms provided by the Director no later than November
15 of the year immediately preceding the year for which the license
is requested. If November 15 falls on a weekend or a holiday, the
deadline shall be automatically extended to the next business day.
Any application for a renewal of a license filed after the deadline
shall be subject to a late filing fee of $100.00. All applications
shall be verified under oath and contain by the following information:
[Amended 7-13-2021 by L.L. No. 35-2021]
(1)
Applicant information. The name, address, home telephone number,
social security number, citizenship and date of birth of the applicant,
if an individual and the person-in-charge of the waste collection
business, if different, in the case of an unincorporated association,
the name, address, date of birth, home telephone number, social security
number and citizenship of each member or associate thereof and, in
the case of any corporation, the name, address, home telephone number,
social security number, date of birth and citizenship of each officer
or director and each stockholder owning more than twenty (20%) percent
of the stock thereof. All business entities shall provide the employer
ID number.
(2)
Similar ventures. Identify whether the applicant, or each member
or associate or partner thereof, if an unincorporated association
or partnership, or each director and officer and stockholder owning
more than twenty (20%) percent of the stock thereof, if a corporation,
and their immediate families, currently holds an interest, either
directly or indirectly, in any other business venture or entity which,
either in whole or in part, collects, transports, or disposes of solid
or liquid waste.
(3)
Prior convictions. Whether the applicant or a member or associate
thereof, if an unincorporated association, or, if a corporation, any
director or officer, and any stockholder owning twenty (20%) percent
or more of the stock thereof has a record of a prior conviction or
convictions within the past five (5) years of a felony or a crime
which would now be classified as a Class A or Class B misdemeanor.
Where there has been such a conviction or convictions, the applicant
shall set forth in which court when, where, upon what charges and
the sentence of the court, including the docket, index, indictment
or file number in such court that imposed such conviction(s). If a
certificate of relief from civil disabilities has been issued by a
court of competent jurisdiction, the applicant shall submit a certified
copy of same.
(4)
Vehicle information. Every applicant for a license shall be the owner
or lessee of all vehicles to be used for collection of solid or liquid
waste. The applicant shall disclose the number of collection vehicles
to be utilized by the applicant and a description of each such vehicle,
the name and address of the owner of the vehicle, the make, model,
and year, the body type, the cubic capacity, gross weight, color of
vehicle, serial number, current registration and motor vehicle license
plate number. In the event that a vehicle is not owned by the applicant,
the name, address and telephone number of the owner is to be so stated,
and, in the event that said owner is either an unincorporated association
or a corporation, the owner shall be listed with the same detail as
provided in (A)(1) of this section, and a copy of the lease agreement
shall be provided.
(5)
Storage location. A statement of the location of the storage area
of the vehicles identified on the application.
(6)
Operator information. The name, residence address, date of birth,
gender and operator's or chauffeur's license number of each person
who will operate or be assigned to work on each vehicle identified
on the application, together with all traffic infractions and violations
for which there were convictions within three (3) years prior to application.
(7)
Customer service schedule. A full and complete daily route sheet
and pickup schedule, showing the customers to be serviced by the commercial
carting applicant, in duplicate.
(8)
Managing agent or official. The name, home address and telephone
number, both day and night and cell number, of the managing agent
or the person in charge of the business.
(9)
Fingerprints and convictions. As part of the application process,
all applicants and members thereof, if an unincorporated association,
or, if a corporation, each director or officer, and each stockholder
owning twenty (20%) percent or more of the stock thereof, shall be
fingerprinted through, and shall pay the cost for the services of,
a New York State Division of Criminal Justice Service-approved statewide
vendor-managed civil fingerprint capture system. In the case of a
foreign corporation, directors or officers, and stockholders owning
twenty (20%) percent or more of the stock who do not reside in the
State of New York, shall not be required to submit fingerprints in
compliance with this section, provided that with respect to such corporations
there shall be fingerprints obtained from at least one responsible
management official of the corporation who resides in the state and
who oversees the operations for which the application is made. In
the case of such foreign corporations, there shall be submitted an
affidavit from each director or officer, and each stockholder owning
twenty (20%) percent or more of the stock, stating whether they have
been convicted of any:
(10)
In the event that any property of an applicant, whether real
or personal, is either pledged or mortgaged, the name and address
of the pledgee or mortgagee, and the amount pledged or mortgaged shall
be disclosed.
(11)
The applicant shall produce the Certificate of Incorporation;
or a Certificate of Assumed Name, if a general partnership or individual;
Application for Authority and filed receipt of the Department of State
if the applicant is a foreign corporation, as the case may be.
(12)
Any other information or documentation requested by the Director
or Town Clerk.
(B)
Amendment to the application. In the event there is a change in the
information provided on the application, the applicant and/or licensee
shall advise the Director in writing within five (5) calendar days
of the change. Failure to notify the Director shall be deemed a violation
of this chapter.
(C)
False or misleading statements. Any false or misleading statements
in any license application shall be grounds for invalidation of the
license by the Huntington Town Clerk.
[Amended 7-25-2000 by L.L. No. 19-2000; 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001]
(A)
Upon compliance with the terms hereof, the Town Clerk
shall issue the license, unless the applicant, including a majority
stockholder thereof:
[Amended 10-13-2004 by L.L. No. 31-2004]
(1)
Has been convicted of an offense under this chapter
within five (5) years prior to the date of submission of a completed
application for a license. Where an applicant has previously been
convicted of a violation of an offense under this chapter, the Town
Clerk shall issue the license, provided that the Director or their
designee has recommended that the license be issued based upon a determination
that the code violations in question are minor and not likely to impact
on the quality of service provided or otherwise impact on the applicant's
ability to comply with the Town Code in the future and, where applicable,
to be in compliance with the town's contractual requirements;
(2)
Has been convicted of a felony or a crime which would
now be classified as a Class A or Class B misdemeanor within five
(5) years prior to the date of submission of a completed application
for a license, unless a satisfactory certificate of relief for the
felony or Class A or Class B misdemeanor has been issued.
(B)
Notice of denial of a license shall be given in writing
by certified mail, return receipt requested. Such denial shall set
forth the grounds therefor and advise the applicant of the right to
an appeal hearing.
[Amended 2-10-2004 by L.L. No. 5-2004]
[Amended 9-25-2001 by L.L. No. 13-2001; 2-10-2004 by L.L. No. 5-2004]
(A)
Any applicant who is refused a license or permit may appeal the decision of the Town Clerk by making a written request for a hearing to determine his/her fitness to hold such a license or permit, notwithstanding the convictions set forth in § 117-4.
(B)
The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial of any permit or license issued under this chapter. The hearing officer shall submit his/her written findings and recommendations to the Town Board pursuant to the procedural requirements of § 117-17C of this chapter.
[Amended 7-1-1998 by L.L. No. 31-1998; 11-23-1999 by L.L. No.
21-1999; 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001; 2-10-2015 by L.L. No. 8-2015; 12-8-2015 by L.L. No. 49-2015]
All fees established in this chapter shall be non-refundable
and paid by check made payable to the Huntington Town Clerk.
(A)
New license and permit(s). Every license application
shall include payment of an application fee of five hundred ($500.)
dollars. The application fee includes the cost of permitting one collection
vehicle. The fee for each additional vehicle shall be two hundred
($200.) dollars and twenty-five ($25.) dollars for each dumpster,
compactor unit or roll-off container the applicant will use for collection
in the Town at any time during that license year.
(B)
Substitute collection vehicle permit. The Town Clerk,
upon the licensee's presentation of proper proof and payment of a
fee of two hundred ($200.) dollars, may issue a substitute permit
in the event that the original permit is lost, destroyed or otherwise
rendered illegible.
(C)
Replacement collection vehicle permit. In the event
of the replacement of a permitted collection vehicle with another
collection vehicle, the Town Clerk may issue a replacement permit
for the replacement vehicle upon payment of a fee of two hundred ($200.)
dollars.
[Amended 9-26-2000 by L.L. No. 27-2000; 9-25-2001 by L.L. No. 13-2001; 12-8-2015 by L.L. No. 49-2015]
At the time of application, the following documents
and submissions shall be made.
(A)
Insurance. Proof of the following insurance coverage, consisting
of a certificate of an insurance carrier naming the Town of Huntington
as certificate holder and an additional insured:
(1)
Workers' compensation insurance.
(2)
Disability benefits insurance.
(3)
Automobile liability policy for bodily injury and property damage
(with minimum limits of $1,000,000 per occurrence). Coverage for owned,
nonowned and hired vehicles shall be for the same limits.
(4)
General liability and property damage (with a minimum limit
of $1,000,000 for each occurrence).
(B)
Security deposit.
(1)
Each applicant who obtains a charge account for solid
waste from the Town shall submit a security deposit to the Town in
the form of cash or surety bond in such form as may be acceptable
to the Town. In all instances, the amount of the security deposit
shall be determined by the Director. A cash deposit shall be no less
than ten thousand ($10,000.) dollars and shall be held by the Town
in an interest-bearing account. A surety bond shall be in an amount
not less than twenty-five thousand ($25,000.) dollars, and shall be
issued by a bonding company authorized to do business in the State
of New York with an AM Best rating of "A-" or better.
(2)
In the event that a licensee's account balance exceeds
that licensee's cash deposit of ten thousand ($10,000.) dollars for
any two (2) months of a twelve-month billing period, the Director
shall require that licensee to submit an additional cash deposit in
an amount the Director determines is reasonable under the circumstances.
(3)
In the event that the account balance of a licensee
who has submitted cash deposits totaling twenty thousand ($20,000.)
dollars exceeds twenty thousand ($20,000.) dollars for any two (2)
months during a twelve-month billing period, the Director shall require
that licensee to substitute for the cash deposits a payment bond from
a bonding company authorized to do business in the State of New York
with an AM Best rating of "A-" or better, in such form as may be acceptable
to the town, of no less than twenty-five thousand dollars ($25,000.).
The amount of the payment bond shall be determined by the Director.
(4)
Financial exposure. In the event that the Director determines that
a licensee's unpaid charges are in an amount which the Director reasonably
believes exposes the Town to financial loss, the Director may immediately
suspend the licensee's privileges and access to Town facilities. Upon
payment by the licensee of amounts owed to the Town, including all
late charges, together with sufficient security as may be determined
by the Director, the Director shall restore the licensee's privileges
and access to Town facilities.
(5)
Termination, revocation or surrender. The cash security and all accrued
interest less payments due shall be returned to the licensee within
ninety (90) days after termination, revocation or surrender of the
license.
Each license applicant shall produce each collection
vehicle listed in the application for inspection at a time and place
to be named by the Director. Failure of an applicant to produce any
collection vehicle at the time and place fixed by the Director shall
be deemed an abandonment of the application for a permit for that
vehicle, unless such vehicle is produced at such subsequent time and
place as the Director shall fix; and no application shall be processed
by the Town Clerk for the issuance of a license and permit(s) until
the vehicle or vehicles listed in the application have passed such
inspection.
After the issuance of a license and permit(s),
each licensee shall produce each permitted collection vehicle for
reinspection upon request at a time and place designated by the Director.
When, upon reinspection, a vehicle is found not to be in full compliance
with this chapter or the rules and regulations adopted hereunder,
the permit for such vehicle may be suspended until remedial action
by the licensee places the vehicle again in full compliance with this
chapter and the rules and regulations adopted hereunder.
[Amended 7-1-1998 by L.L. No. 31-1998; 9-26-2000 by L.L. No.
27-2000]
In the event that a permitted collection vehicle is temporarily removed from service, a licensee may place a substitute collection vehicle in service only after having submitted a completed substitute vehicle request form to the Department and obtaining the permit and paying the fees as specified in § 117-7 herein. One form shall be completed for each substitute collection vehicle. Any collection vehicle operating as a substitute collection vehicle without authorization shall be denied entry to Town facilities.
[Amended 9-26-2000 by L.L. No. 27-2000; 12-8-2015 by L.L. No. 49-2015]
(A)
Issuance of license. The Town Clerk, upon the recommendation of the
Department of Environmental Waste Management that the applicant is
qualified and able to conduct the business of solid and/or liquid
waste disposal, and that based on the information on the application
and submissions of the applicant, a license may be issued, shall issue
such license and permits as requested by the applicant.
[Amended 7-13-2021 by L.L. No. 35-2021]
(B)
Term of license and permits. All licenses and permits for vehicles
and containers shall be effective as of January 1 of the year specified
on the permit and shall expire on December 31 of that year, unless
sooner suspended or revoked.
(C)
Acceptance of license or permit. The acceptance of a license or permit
shall constitute an agreement by the licensee that the business will
be operated in compliance with the provisions of this chapter, the
regulations of the Department and of all agencies having jurisdiction.
A licensee who engages in the business, or causes the business to
be operated in a manner that is not in compliance with the license
or permit or applicable regulations shall be in violation of this
chapter.
(D)
Non-transferability of license or permit.
(1)
License. Any license issued pursuant to the provisions of this
chapter shall not be transferred or assigned to any person nor used
by any person other than the licensee to whom it was issued. Any person
who transfers or assigns a license to another, or allows the license
to be used by another, or uses the license issued to another shall
be in violation of this chapter. In addition to any other penalty
provided for herein, the license and all permits may be suspended
or revoked.
(2)
Permit. No person shall display or allow another to display,
or use a permit on a vehicle or container other than on the vehicle
or container for which the permit was issued. In such a case, the
licensee to whom the permit was originally issued and the owner or
person-in-charge of the vehicle or container, as the case may be,
shall be deemed in violation of this chapter. In addition to any other
penalty provided for herein, the license and all permits may be suspended
or revoked.
(3)
Surrender. If a collection vehicle is sold or transferred, or
if a container is sold or decommissioned, such permit becomes null
and void and the licensee must surrender the permit issued for such
vehicle or container to the Town Clerk within four (4) business days
of the transfer, sale or date of decommission. Failure to surrender
the permit or to do so on a timely basis shall be deemed a violation
of this chapter.
(E)
Alteration of license or permit. It shall be unlawful to alter, obscure,
deface, change or otherwise tamper with any portion of a license or
permit issued pursuant to this chapter. The licensee and the person
who has possession of the altered document shall be liable for a violation
of this chapter. In addition to any other penalty provided for herein,
the license and all permits may be suspended or revoked.
[Amended 6-5-2007 by L.L. No. 27-2007; 2-10-2015 by L.L. No. 8-2015]
Any licensee making application for renewal license and permit(s) who has an existing charge account balance shall be denied such renewal if that licensee carries a past due balance of over thirty (30) days at the time of application. Denied renewal applications shall be reconsidered upon payment of the past due balance and all late charges as provided in § 117-28C(1). New fingerprints for each renewal period may be waived by the Town Clerk, unless the license has lapsed for a period of time in excess of two (2) years.
[Amended 10-19-1999 by L.L. No. 18-1999]
(A)
Each permitted collection vehicle, roll-off container or dumpster shall have painted or otherwise permanently affixed on the outside of each door of the cab, or side of the roll-off container or dumpster, the name and telephone number of the licensee, in letters not less than four (4) inches in height. This section shall not apply to substitute collection vehicles which display proof of authorized use as provided in § 117-11.
[Amended 9-26-2000 by L.L. No. 27-2000; 12-8-2015 by L.L. No. 49-2015]
(B)
Each roll-off container or dumpster shall have attached a valid permit with a unique identification number. The permit shall be issued in conformance with § 117-7A. In addition, it shall be clearly marked on each side with reflective safety markings as specified in regulations issued by the Superintendent of Highways or designee pursuant to this chapter.
(C)
Each roll-off container which is to be placed on Town
property, including its streets and sidewalks, shall have an additional
permit issued after approval of an application, by the Highway Department,
which will describe the exact proposed location. Upon the review of
this application, and the receipt of a nonrefundable twenty-five ($25.)
dollars fee, a permit for the specified period of time the box will
be located at the site will be issued. The roll-off container or dumpster
must be removed by the date specified in the permit unless an extension
is obtained. The roll-off container or dumpster must be removed or
emptied within forty-eight (48) hours of a notice issued by the Town
to the licensee if said box is full. A roll-off container or dumpster
shall be deemed full if any portion of the contents of same extend
above the rim of such container. The permit may be rescinded by the
Town if the location or condition is deemed hazardous by the Superintendent
of Highways or their designee. The Town is authorized to dispose of
the roll-off container or dumpster if it is not removed within twenty-four
(24) hours of a notice issued to the licensee by delivery to the licensee's
address; the cost for said removal to be a charge against the licensee
and recovered from such licensee.[1]
[Amended 9-25-2001 by L.L. No. 13-2001; 2-10-2004 by L.L. No. 5-2004; 2-10-2015 by L.L. No. 8-2015; 12-8-2015 by L.L. No. 49-2015]
(A)
Suspension or revocation. Any license issued hereunder
may be suspended or revoked after a hearing if the licensee, or such
member, associate, partner, director, officer, agent thereof, or stockholder
of the licensee owning twenty (20%) percent or more of the licensee's
corporation is:
(1)
Convicted of a violation of any provision of
this chapter of the Code, including but not limited to the failure
to maintain the scheduled collection according to a Town contract,
or making a false statement or misrepresentation in the application
to the Town, or made in the course of conducting the licensed business;
or
(2)
Convicted of a felony or Class A or B misdemeanor; or
(3)
Determined to have breached a Town contract
for the collection, transportation or disposal of residential solid
waste, yardwaste, or recyclables.
(4)
The maintenance or operation of the licensee's business creates
a public nuisance or hazard, or threatens the life, welfare or safety
of persons or property, in the opinion of the Town; or
(5)
Notwithstanding any other provision to the contrary, the Director may suspend a license in accordance with § 117-8(B)(4) and § 117-28(C)(2).
(B)
Hearing officer. It is the intention of the Town Board
to protect the legal rights of the public by insuring every applicant
under this chapter receives fair and expeditious due process by providing
for an administrative hearing officer to alternatively preside over
license suspension and application denial hearings. In order to accomplish
this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12)
and § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, § 136(1)
and § 137 of the Town Law and any other applicable provision
of law now or hereafter enacted, to supersede and/or expand upon the
applicable provisions of § 137 of the Town Law, and any
other applicable or successor law, in order to authorize an appointed
administrative hearing officer to preside over appeals from the denial,
suspension or revocation of licenses and permits.
(C)
Hearings. Whenever the Town Clerk makes a determination to deny, or seeks to suspend or revoke a license or permit, or the license is suspended by the Director under § 117-8(B)(4) or § 117-28(C)(2) the applicant or licensee, as the case may be, shall be given written notice of the reason for such action and an opportunity to appear before the Town Board or a duly appointed hearing officer and present evidence in his own behalf.
(1)
All hearings contemplated under this chapter
shall be administered by the Town Board or a duly appointed administrative
hearing officer.
(2)
All hearings shall be recorded.
(3)
Where the Town Board administers the public
hearing, a determination based on the facts and evidence presented
must be made declaring:
(a)
Reversal. The Town Board may reverse the suspension
and reinstate said license, certificate or permit. The Town Board
may reverse the denial of the permit application and allow said application
to proceed pursuant to the provisions of this chapter; or
(b)
Affirmation. The Town Board may affirm the suspension
of the license, certificate or permit. The Town Board may affirm the
denial of the permit application.
(4)
The hearing officer must file his/her written findings and recommendations with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and render its decision as in § 117-17C(3) herein.
(5)
The hearing officer shall send his/her written
findings and recommendations to the applicant by regular or certified
mail no later than thirty (30) days from the close of the hearing.
The applicant may file written exceptions to the findings and recommendations
of the hearing officer. The written exceptions shall be filed with
the Town Board at least five (5) days prior to a scheduled Town Board
meeting.
(D)
In addition to such suspension or revocation, any
such license, officer, director, officer, agent or stockholder owning
twenty (20%) percent or more of the licensee's corporation, may also
be subject to imposition of penalties pursuant to this chapter in
lieu of or in addition to whatever other remedies may be available
pursuant to law or in contract.
(E)
Procedure and decisions.
(1)
At the time and place set for hearing and appeal,
the Town Board or a duly appointed administrative hearing officer
shall hear the Town Clerk (or his/her designee), the appellant and
all other persons wishing to be heard on the refusal rejection, denial,
suspension of the license, certificate or permit issued under this
chapter.
(2)
The decision of the Town Board is final and
shall be mailed to the applicant and filed with the Town Clerk.
(3)
Fees and outstanding charges. The non-refundable fee for such
hearing shall be five hundred ($500.) dollars, which shall be in addition
to any other outstanding payments due and owing to the Town. Upon
revocation of a license, the person whose license has been revoked
shall make any and all outstanding payments due and owing to the Town.
[1]
Editor's Note: Former § 117-18, Routes to Town solid
waste facility, as amended, was repealed 12-8-2015 by L.L. No. 49-2015.
[Amended 7-1-1998 by L.L. No. 31-1998; 9-26-2000 by L.L. No.
27-2000; 12-8-2015 by L.L. No. 49-2015]
(A)
The Director, or his designee, shall be authorized to establish such
rules and regulations as he deems necessary for the day to day operation
and maintenance of the Town solid or liquid waste disposal facilities
and users thereof, subject to the rules and regulations promulgated
by the Huntington Town Board. Any person who violates the rules and
regulations established for the facilities shall be deemed in violation
of this chapter; and
(B)
The Director is authorized to establish the routes for users of the
Town's solid and liquid waste disposal facilities, and it shall be
a violation of this chapter for any person to deviate from or disregard,
in whole or in part, the routes established by the Director; and
(C)
No person shall fail, refuse or neglect to obey any reasonable request
or order of the Director or his designee. Any person who fails to
comply with such directives shall be deemed in violation of this chapter
and subject to the penalties thereof.
Every collection vehicle shall be maintained,
operated and used at all times only in full compliance with all applicable
provisions of federal, state and local law and all applicable rules
and regulations as may be adopted thereunder.
[Amended 1-16-2004 by L.L. No. 38-2004; 12-9-2014 by L.L. No. 44-2014; 12-8-2015 by L.L. No. 49-2015]
Any person who violates any of the following regulations shall
be deemed to be in violation of this chapter.
(A)
Storage of residential solid waste prior to collection.
[Amended 11-19-2020 by L.L. No. 47-2020]
(1)
It shall be the responsibility of the property owner, tenant
or occupant of a residential property to provide receptacles of sufficient
capacity to contain the Household Garbage ordinarily generated on
that property during ninety-six (96) consecutive hours. The receptacles
shall be kept closed and maintained in good and sanitary condition
by periodic cleaning, and, when filled, each receptacle shall not
exceed fifty (50) pounds in total weight or forty-two (42) gallons
in volume. Said receptacles shall be placed for collection in an accessible
area adjacent to the curb immediately in front of the property no
earlier than 6:00 p.m. the day before the day of collection and removed
no later than 12:00 p.m. the day after the day of collection to a
location to the rear of the front line of the main dwelling. Any Person
who places for collection any waste not generated on the property
shall be in violation of this chapter.
[Amended 11-19-2020 by L.L. No. 47-2020]
(2)
No more than six receptacles or bags of Household Garbage in
combination, exclusive of yard waste and bulk items, may be placed
for any one collection. Any owner, tenant or occupant of a residential
property who places for collection any waste not generated on that
property shall be in violation of this chapter.
[Amended 11-19-2020 by L.L. No. 47-2020]
(3)
Any tenant, occupant or owner of a residential property that
has a collection day cancelled due to a scheduled holiday may place
no more than twelve receptacles or bags of Household Garbage exclusive
of Residential Yard Waste and Bulk Items, for collection on the next
scheduled trash collection day. Any owner, tenant or occupant of a
residential property who places for collection any waste not generated
on that property shall be in violation of this chapter.
[Amended 11-19-2020 by L.L. No. 47-2020]
(4)
Refrigerators and similar white goods shall have the doors removed
prior to placement at the curb for collection so as to assure that
no person or animal might accidentally be locked in the interior of
such appliance.
(5)
Residential yard waste shall be kept separate and apart from
other waste when placed for collection. It shall be unlawful to commingle
or cause to be commingled yard waste with other solid waste. Residential
Yard Waste shall be placed for collection in uncovered receptacles
or plastic bags only. Branches may not protrude more than 12" above
the rim of the receptacle, or must be bundled and tied into 2' x 2'
x 4' bundles weighing no more than 50 lbs. No more than ten (10) receptacles,
bags or bundles of Residential Yard Waste may be placed out for any
one collection. Any Residential Yard Waste exceeding the ten item
limit must be stored at a location on the property to the rear of
the front line of the main dwelling until the next collection day.
[Amended 11-19-2020 by L.L. No. 47-2020]
(6)
On the second pick-up date of the week, no more than four (4)
bulk items shall be placed for collection on residential parcels receiving
curbside collection from the Town or its designated contractors.
[Amended 11-19-2020 by L.L. No. 47-2020]
(a)
Any person disposing of bedding for collection as bulk item(s)
shall enclose such bedding within one bedbug proof bag. Such bag shall
be constructed in such a manner and be of such size as to readily
contain the bedding to be disposed of. Such bag must be securely sealed
after the bedding is placed inside. Heavy duty bags that new mattresses
are delivered in may be used. However, the mattress must be completely
sealed inside the bag.
(b)
Failure to enclose any bedding placed at the curbside or other
designated areas for collection by the department (Special Collection)
within a plastic bag pursuant to this section shall be deemed a violation
of department regulations and this Chapter.
(B)
Storage of residential recyclable items prior to collection.
(1)
Every owner, tenant or occupant of a residential
property shall sort and store separately all recyclable items discarded
as waste. It shall be unlawful to place for collection any receptacle
or other container that contains a mixture of recyclable items and
nonrecyclable waste.
(2)
Glass, metal cans and plastic, after being emptied and cleaned,
shall be commingled and placed in any rigid container with a tight
fitting cover and handles adequate for lifting that has two (2) recycling
decals provided by the Town permanently affixed on opposite sides.
Such containers shall not exceed forty-two (42) gallons in volume
or fifty (50) pounds when full and shall be used exclusively for recyclable
items.
[Amended 12-18-2018 by L.L. No. 45-2018]
(3)
Newspaper and mixed paper may be commingled and placed in any
rigid container with a tight fitting cover and handles adequate for
lifting that has two (2) recycling decals provided by the Town permanently
affixed on opposite sides. Such containers shall not exceed forty-two
(42) gallons in volume or fifty (50) pounds when full and shall be
used exclusively for recyclable items. Alternatively newspaper and
mixed office paper may be placed in paper supermarket bags or tied
into bundles not weighing more than fifty (50) pounds or exceeding
twelve (12) inches in height.
[Added 12-18-2018 by L.L.
No. 45-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
(B)(3) through (5) as Subsection (B)(4) through (6), respectively.
(4)
Cardboard shall be flattened and tied into bundles not exceeding
four (4) feet in length or more than fifty (50) pounds in weight,
and placed at the curb alongside the container of newspapers and mixed
paper when placed for collection.
[Amended 12-18-2018 by L.L. No. 45-2018]
(5)
Recyclable items shall be placed for collection
in an accessible area adjacent to the curb immediately in front of
the property no earlier than 6:00 p.m. the day before the day of collection.
All recyclable item containers shall be removed no later than 12:00
p.m. the day after the day of collection to a location to the rear
of the front line of the main dwelling.
(6)
This subsection shall not be construed to limit
the right of residents to deliver their recyclable items directly
to the Town recycling center or to redeem their cans or bottles for
any deposits paid.
(C)
Storage of commercial or industrial solid waste prior
to collection.
(1)
All commercial establishments shall provide for storage of waste
on site. Any owner, user or occupant of commercially or industrially
zoned or utilized property who removes any acceptable waste generated
on that property and does not deliver it or have it delivered directly
to a licensed transfer station or solid waste disposal facility shall
be in violation of this chapter.
(2)
Any owner, user or occupant of commercially or industrially
zoned or utilized property in the Town having evening manual collection
of solid waste shall place such waste at the curb or on the sidewalk
in front of or abutting the subject premises no earlier than 3:45
p.m. nor later than 4:15 p.m. on any regularly scheduled collection
day.
[Amended 4-16-2019 by L.L. No. 18-2019]
(3)
Commercial or industrial solid waste to be manually loaded into collection vehicles shall be deposited in tightly sealed plastic bags or receptacles equipped with adequate handles and tightly fitted covers. Cardboard shall be separated from other solid waste and placed for collection in a separate receptacle or in flattened and tied bundles not to exceed four (4) feet in length. Once placed for collection as described in § 117-21C(2), the receptacles shall be removed from the collection area no later than 12:00 p.m. the day after the day of collection. No boxes, pails or barrels shall be used for storage of waste, and collectors shall be required to remove all such containers.
(4)
Commercial or industrial solid waste which is to be mechanically loaded into collection vehicles shall be deposited in dumpsters, compactor units or roll-off containers equipped with tightly fitted covers or loading doors that shall be kept closed at all times except during loading operations. Such covers or loading doors shall not be required for roll-off containers used exclusively for construction and demolition material. Such containers shall be placed as designated in the site plan or at the rear of the building if readily accessible to the collection vehicle, and in no case shall any container be placed so as to obstruct or interfere with vehicular or pedestrian traffic. It shall be unlawful to place on any property in the Town a container that does not comply with the provisions set forth in § 117-2B(2).
(5)
In the event that a commercial establishment
ceases operations, moves or otherwise discontinues the use of a dumpster,
compactor unit or roll-off container, the container owner shall remove
the container from the premises or secure it in such fashion as to
ensure that it remains empty until such time that the container is
placed back in service. Any out-of-service container that does not
remain empty shall be emptied promptly by the container owner at the
owner's expense.
(D)
Unlicensed dumpsters, compactor units and roll-off
containers.
(1)
No person, partnership, company, corporation
or other entity shall maintain, place or keep on their land any unlicensed
or otherwise unlawful dumpster, compactor unit or roll-off container.
(2)
Any unlicensed dumpster, compactor unit or roll-off
container placed on any public property shall be deemed abandoned
and a hazard to the general public.
(3)
The Town shall have the right to seize, without notice, any dumpster, compactor unit or roll-off container that is in violation of § 117-21D(2). The Town shall remove and store the unlicensed dumpsters, compactor units and/or roll-off containers at the sole expense of the owner.
(4)
Where any person, partnership, company or corporation or other entity is licensed pursuant to this chapter, but is in violation of § 117-2B(2) herein, the Town shall have the right to seize any dumpster, compactor unit or roll-off container in violation of § 117-2B(2) so long as notice of pending seizure is sent to the owner via certified mail and the violation has not been cured within forty-eight (48) hours of receipt of said notice. The notice must identify the location and contain a description of the dumpster, compactor unit and/or roll-off container.
(5)
Any dumpster, compactor unit or roll-off container
seized under this section shall be returned to the owner upon the
following conditions being met
(a)
The owner provides sufficient proof of ownership
of the dumpster, compactor unit and/or roll-off container. If ownership
cannot be determined and at least five (5) days have elapsed since
the seizure, the Town may release the dumpster, compactor unit and/or
roll-off container to the claimant, so long as the claimant provides
sufficient identification and contact information and pays a refundable
five hundred ($500.) dollars deposit, which is to be returned to the
claimant after three (3) months have elapsed and no claim of ownership
has been made.
(b)
The owner pays all statutory fees outlined in § 117-21D(6).
(6)
The owner or claimant of any dumpster, compactor
unit or roll-off container seized pursuant to this chapter shall be
assessed an impound fee of five hundred ($500.) dollars per container
and fifty ($50.) dollars for each day the dumpster, compactor unit
or roll-off container is in the Town's possession. Any dumpster, compactor
unit or roll-off container impounded for greater than thirty (30)
days will be declared abandoned property and title will forfeit to
the Town.
(A)
No collection shall be made between the hours of 3:30
p.m. and 6:00 a.m. or on Sundays or holidays when the town's facilities
are closed. This section shall not apply to the town, school districts,
fire departments or other municipal agencies.
[Amended 9-8-2009 by L.L. No. 10-2009]
(B)
Collections are to be made at all times in such a
manner and by such methods as to avoid the making of unnecessary noise
and to prevent the discharge of dust and the spilling of waste upon
the streets and sidewalks. Every collection vehicle operator shall
immediately remove all waste spilled, littered or thrown upon the
streets and sidewalks from loading operations or while in transit.
(C)
The Director shall regulate the times that recyclable
items are to be collected from residences. Recyclable items shall
be collected exclusively at such times, and at no other time shall
a licensee remove recyclable items from any residential property.
(D)
Collection vehicles transporting nonputrescible solid
waste may be of an open body type, provided that such vehicle is securely
fitted with a canvas or other cover to prevent the discharge of any
material while the vehicle is in transit.
(E)
Collection vehicles transporting putrescible solid
waste or liquid waste shall be of a closed body type, being completely
enclosed and watertight.
(F)
All loading doors, accessory doors, covers and other
enclosures of loader openings of every collection vehicle shall be
kept closed and secured at all times except during loading operations.
(G)
Solid waste loaded in or on any collection vehicle
shall not be reworked, resorted, rehandled or transferred to another
vehicle while the collection vehicle is on the streets. Such waste
shall be carried at all times solely within the vehicle body or solely
within containers on or in the vehicle body.
(H)
Every collection vehicle and container shall be cleaned
frequently both inside and outside and periodically disinfected with
germicides and insecticides so as to be maintained in clean and sanitary
condition.
[Amended 9-8-2009 by L.L. No. 10-2009; 12-9-2014 by L.L. No.
44-2014]
(A)
A Town curbside recycling program is hereby established for separate
collection of recyclable items from all residences receiving residential
curbside collection service.
(B)
Collection of Acceptable Recyclable Items shall occur once each week,
except on weeks containing a holiday, at the discretion of the Director
with the collection of cardboard, mixed paper and newspapers alternating
weekly with the collection of commingled glass bottles, metal and
plastic bottles/food containers. Collection days shall be designated
as per the annual Trash and Recycling Calendar mailed to residential
dwellings and published on the Town of Huntington website. No collection
of recyclables shall be made earlier than 5:00 a.m.
[Amended 12-8-2015 by L.L. No. 49-2015; 12-18-2018 by L.L. No. 45-2018; 11-19-2020 by L.L. No. 47-2020]
(A)
All generators of commercial or industrial solid waste
and residences not receiving curbside collection service shall separate
from their nonrecyclable waste those recyclable items, as designated
by the Director, for which economic markets exist.
(B)
For the purposes of this section and § 117-23, the term "economic markets" shall mean the instances in which the full avoided costs of proper collection, transportation and disposal of source-separated recyclable items are equal to or greater than the cost of collection, transportation and sale of those recyclable items less the amount received from the sale of the recyclable items.
(C)
The arrangement for collection and disposition of
designated recyclable items shall be the responsibility of the person
who owns, manages or operates the commercial, industrial or institutional
establishment at which the recyclable items are generated or the person
contractually obligated to arrange for collection of the establishment's
solid waste. Such arrangements may include, without limitation, contracts
with licensees for separate collection of any or all recyclable items,
direct marketing of recyclable items or direct delivery to a recyclable
processing facility.
(D)
A licensee collecting commercial or industrial solid
waste may require its customers to place designated recyclable items
into separate receptacles for collection on such days as the licensee
shall designate.
(E)
The Director shall from time to time publish a list of designated
recyclable items for which economic markets exist. Separation of newly
designated recyclable items shall become mandatory sixty (60) days
after publication of the list in the official newspaper of the Town
or on the Town's website.
[Amended 12-8-2015 by L.L. No. 49-2015]
[Amended 9-8-2009 by L.L. No. 10-2009; 12-9-2014 by L.L. No.
44-2014; 12-8-2015 by L.L. No. 49-2015]
It shall be unlawful for any licensee to collect and any person
to place for collection, for delivery to a Town facility any hazardous
waste, regulated medical waste, regulated batteries, mixed loads of
construction and demolition material, cow or horse manure, or electronic
waste pursuant to § 27-2611 of the Environmental Conservation
Law, except that household hazardous waste and electronic waste may
be deposited for collection and recycling where designated at the
Town's Recycling Center.
[Amended 11-19-2020 by L.L. No. 47-2020]
No licensee shall collect and no person shall
place for collection, except as a bulk item pickup, any of the following:
(A)
Boxes, containers and packing crates in bulk unless these items are
dismembered into boards not more than four (4) feet long.
(B)
Building materials and lumber bundled in pieces no more than four
(4) feet long.
(C)
Carpet and linoleum rolls in sections no more than four (4) feet
long.
(D)
Doors and screens of which any dimension is greater than four (4)
feet unless these items are dismembered so that no piece is more than
four (4) feet long.
(E)
Machinery platforms and palettes that are whole unless the same are
dismembered into individual boards not more than four (4) feet long.
(F)
Fence sections, poles, sticks, signs, etc., unless the same are taken
apart or broken into a reduced size of not more than four (4) feet
long.
[Added 7-1-2003 by L.L. No. 27-2003[1]]
(A)
No collection shall be made on holidays when the Town
facilities are closed. The Town Board, by resolution, shall establish
the hours of operation of Town facilities.
(B)
It shall be unlawful for any person other than Town
employees to enter a Town facility for any purpose other than the
delivery of acceptable waste.
(C)
It shall be unlawful for any person to deposit or
cause to be deposited any substance of any kind at solid or liquid
waste facilities of the Town, except at the places and in the manner
directed by the Town, whether such direction is given orally or by
any other means, including by signage.
(D)
The Director shall be authorized to regulate the conduct
and operation of all vehicles and persons while at the Town's solid
or liquid waste facilities, and to exclude or expel any person who
fails to comply with the Town's rules and regulations.
(E)
Prohibited materials. It shall be unlawful to deliver
or to cause the following materials to be delivered to a Town facility
under any circumstances:
[Amended 12-9-2014 by L.L. No. 44-2014; 12-8-2015 by L.L. No. 49-2015]
(1)
Nonprocessible waste.
(2)
Hazardous or regulated medical waste.
(3)
Construction or demolition material in any vehicle
or container with a load capacity greater than five (5) cubic yards,
unless authorized by resolution of the Town Board.
(4)
Passenger vehicle tires in excess of four (4)
tires per delivered load.
(5)
Electronic waste except that electronic waste may be deposited
for collection and recycling where designated at the Town's Recycling
Center.
[Added 7-1-2003 by L.L. No. 27-2003]
(A)
Acceptable waste. The fee for the delivery of solid
waste to any Town facility shall be eighty ($80) dollars per ton and
shall be payable for all delivered acceptable waste, regardless of
its origin or by whom delivered.
[Amended 11-16-2004 by L.L. No. 39-2004; 11-15-2012 by L.L. No. 17-2012]
(B)
Exemptions:
(1)
All recyclables generated exclusively on residential
properties within the Town which are delivered to the Town of Huntington
recycling center shall be exempt from the payment of a fee.
(2)
The fee for spot market waste and/or waste not generated within the Town which is delivered to the resource recovery facility to satisfy fuel inventory requirements shall be subject to prevailing local waste disposal market conditions, as determined from time to time by the Director or his/her designee. Available disposal capacity shall be first offered to the waste hauler(s) paying the highest per-ton fee, and the remaining disposal capacity shall be offered successively to each such hauler paying the next-highest per-ton fee, until fuel inventory requirements are satisfied. The Director, or his/her designee, shall determine from time to time the interval with which to calculate fuel inventory requirements. All haulers delivering spot market waste or waste not generated within the Town to the resource recovery facility shall submit a security deposit to the Town as set forth in § 117-8(B).
[Amended 12-8-2015 by L.L. No. 49-2015]
(C)
Late payment charges.
(1)
A monthly late charge of one and one-half (1 1/2%)
percent of the outstanding balance will be charged on all balances
due over thirty (30) days.
(2)
In the event a licensee fails to make full payment for any charges
after sixty (60) days of the initial billing date, the Director may
suspend access to the Resource Recovery Facility at Covanta Huntington
and/or suspend the licensee's license. In addition, the licensee shall
be subject to all other penalties, including late charges, provided
for in this chapter until the full amount due is paid in full.
[Amended 12-8-2015 by L.L. No. 49-2015; 3-10-2020 by L.L. No. 10-2020]
(A)
A homeowner may contract for back-door service directly
with the carting contractor, who must provide such service upon request.
Back-door service consists of a contractor collecting refuse, yardwaste
and recyclables from a residential dwelling at a location other than
the curbside immediately adjacent to the front or side of the residential
dwelling. The charge shall be reasonable and negotiated between the
homeowner and the contractor, and shall be billed and collected from
the homeowner by the contractor without any assistance from the Town.
(B)
The contractor and homeowner shall each execute a
hold harmless agreement with the Town prior to commencement of service.
[Amended 7-1-2003 by L.L. No. 27-2003]
It shall be unlawful for any person other than
the owner to disturb any receptacle or recyclable item container provided
for collection or interfere with its contents unless authorized by
the Director. Collectors shall exercise all reasonable care in handling
such receptacles and containers.
[Added 7-1-2003 by L.L. No. 27-2003]
It shall be unlawful for any person to deposit or cause to be deposited solid or liquid waste anywhere in the Town except a Town facility, nor shall any person use, operate, maintain or permit the use of any property as a dumping ground or transfer station for solid or liquid waste. This section shall not be construed to limit the right of any person to place waste for collection as provided in § 117-21.
[1]
Editor's Note: Former §§ 117-32,
Removal of waste by home improvement contractors, and 117-33, Accumulations
on vacant and/or unimproved lots or premises prohibited, as amended,
were repealed 7-1-2003 by L.L. No. 2-2003.
[Added 7-1-2003 by L.L. No. 27-2003[1]; amended 12-9-2014 by L.L. No. 44-2014; 2-7-2017 by L.L. No. 5-2017; 11-6-2019 by L.L. No. 56-2019]
The Town Board intends to exercise its authority under § 10(1)(i)
and (ii)(a)(6), (a)(11) and (a)(12); § 10(1)(ii)(d)(3);
and § 10(4)(b) of the Municipal Home Rule Law, § 268(1)
of the Town Law and any other applicable provision of law now or hereinafter
enacted, to supersede and/or expand upon the applicable provisions
of § 268(1) of the Town Law, and any other applicable or
successor law pertaining to the enforcement of local laws and ordinances
in order to impose a penalty and fine structure that best reflects
the needs of the community.
(A)
In
addition to any other penalty set forth in this chapter and the Penal
Law, any person who commits a violation of this chapter, except as
provided in subdivision (B) below, shall upon conviction be guilty
of an offense, punishable by a fine of not less than five hundred
($500) dollars nor more than five thousand ($5,000) dollars or by
imprisonment not exceeding ten (10) days, or by both such fine and
imprisonment upon conviction of a first offense; upon conviction of
a second offense, committed within five (5) years of the first offense,
shall be subject to a fine of not less than two thousand ($2,000)
dollars nor more than ten thousand ($10,000) dollars, or by imprisonment
not exceeding fifteen (15) days, or by both such fine and imprisonment;
and upon conviction of a third or subsequent offense, committed within
five (5) years of the first offense, shall be guilty of a misdemeanor
punishable by a fine of not less than four thousand ($4,000) dollars
nor more than fifteen thousand ($15,000) dollars or by imprisonment
not exceeding six (6) months, or by both such fine and imprisonment.
Each day, or part thereof such violation continues, following notification
by the Town or service of a summons, appearance ticket or notice of
violation returnable before the Bureau of Administrative Adjudication,
shall constitute a separate offense, punishable in like manner.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
In addition to any other penalty set forth in this chapter and the Penal Law, any person who commits a violation of § 117-2(B), § 117-21, § 117-22, or § 117-26 shall upon conviction be guilty of an offense, punishable by a fine of not less than two hundred fifty ($250) dollars nor more than two thousand five hundred ($2,500) dollars, or imprisonment for a period not exceeding ten (10) days, or by both a fine and imprisonment for the first offense; upon conviction of a second offense, committed within five (5) years of the first offense, shall be subject to a fine of not less than five hundred ($500) dollars nor more than three thousand five hundred ($3,500) dollars, or by imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment; and upon conviction of a third or subsequent offense, committed within five (5) years of the first offense, shall be guilty of a misdemeanor punishable by a fine of not less than seven hundred fifty ($750) dollars nor more than five thousand ($5,000) dollars or by imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. Each day, or part thereof such violation continues, following notification by the Town or service of a summons, appearance ticket or notice of violation returnable before the Bureau of Administrative Adjudication, shall constitute a separate offense, punishable in like manner.
[Amended 9-14-2021 by L.L. No. 50-2021]
(C)
Any
person or business entity who collects electronic waste or places
electronic waste for collection in violation of § 27-2611 of
the Environmental Conservation Law is subject to New York State enforcement
and shall be liable for civil penalties as set forth in § 71-2729
of the Environmental Conservation Law and any amendment thereto.
(D)
Any person found by the Bureau of Administrative Adjudication to
have violated this Chapter shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized in subdivisions
(A) and (B) for the respective violations referenced therein for a
first offense and subsequent offenses. Each day, or part thereof such
violation continues, following notification by the Town or service
of a summons, appearance ticket or notice of violation returnable
before the Bureau of Administrative Adjudication shall constitute
a separate violation punishable in like manner.
(E)
The penalties set forth above shall be in addition to and not in
lieu of any other remedy available to the Town, in law or in equity;
or pursuant to Town rule or regulation; or by the provisions of any
contract with the Town.
(F)
In addition to all of the penalties set forth above, the Town Attorney
may maintain an action in the name of the Town in a court of competent
jurisdiction for civil penalties in the sum of not less than one hundred
($100.) dollars nor more than two thousand five hundred ($2,500.)
dollars for each violation of this chapter.
(G)
The Town Attorney may also bring an action or proceeding in the name
of the Town in a court of competent jurisdiction to recover the costs
incurred by the Town for cleaning up or otherwise remedying conditions
brought about by a violation of this chapter.[2]
[2]
Editor's Note: Former § 117-35, Failure to remove
accumulations, as amended; § 117-36, Fees for use of Town
facilities, as amended; § 117-37, Penalties for offenses,
as amended; § 117-38, Regulations on use of Town facilities,
as amended; § 117-39, Severability; and § 117-40,
When effective, all of which immediately followed this section, were
repealed 7-1-2003 by L.L. No. 27-2003.
[1]
Editor's Note: This local law also repealed
former § 117-34, Accumulations on occupied premises prohibited,
as amended.
