[Amended 3-5-1993 by L.L. No. 4-1993; 12-16-1994 by L.L. No.
18-1994; 6-25-1996 by L.L. No. 10-1996]
A.
A commercial hauler shall be required to obtain from
the Town Clerk one permit for each vehicle and to provide roll-off
container service by said commercial hauler that collects and transports
solid or liquid waste through or upon any street within the town.
B.
Application for permit.
(1)
A commercial hauler applying for said permit(s) shall
fill out and submit an application form to the Town Clerk for approval.
(2)
Solid waste deposited by a commercial hauler at a Town recycling center shall be limited to solid waste collected within the town, the Village of East Hampton or the part of the Incorporated Village of Sag Harbor located within the boundaries of the Town and must comply with § 204-41.
(3)
Each applicant for such permit(s) shall provide the
following information on the application form. The applicant shall
answer all questions on the permit application and provide any other
information required by any applicable law or ordinance or deemed
necessary by the Town Board to determine the fitness of the applicant.
One application form that provides the following information may be
used by applicants who are applying for multiple permits. A list attached
to the application identifying each vehicle and/or piece of equipment
requiring a permit will be required.
(a)
The name and address of the applicant and of
all persons having a financial interest in the business.
(b)
A brief description of the vehicles intended
to be used within the town, including the manufacturer, factory number,
type of body (for example, tank, enclosed pickup, packer, van and
so forth), weight of the vehicle unladen, maximum load to be carried
and New York State registration number.
(c)
A sworn affidavit guaranteeing the number of customers and the minimum dollar criteria outline in Subsection D(1) of this section. If the receiver of the application needs corroboration, he or she may ask for it and it shall be made available by the applicant.
(d)
The location where the vehicle and container
are stored or garaged when not in use.
(e)
The place or places where the applicant shall
dispose of the garbage, refuse, rubbish, trash, recyclables or liquid
waste collected and the manner of disposal.
(f)
Whether the applicant or any of the persons
having a financial interest in the business has ever been convicted
of a crime or has ever had an operator's license revoked or suspended
in this or any other state.
(g)
Proof of financial responsibility in the event
of injury to persons or property by reason of the negligent operation
of any vehicle used in the business.
C.
Said application shall also designate the specific
type of permit applied for. Said permits shall be available in four
separate categories, defined as follows:
(1)
G Permit: required for any vehicle which fits into
one of the following two categories:
(a)
G-1: any vehicle used by a person collecting
and hauling for hire residential and/or commercial solid waste, including,
without limitation, food/soiled paper and designated recyclables.
An application for a G-1 permit shall require the commercial hauler
to provide proof of Suffolk County Department of Health inspection
of such vehicle and Department of Health approval, if necessary.
(b)
G-2: any vehicle used by a person operating
a commercial, industrial or institutional establishment that solely
transports said establishment's solid waste and designated recyclables
through or upon any street within the town.
(2)
R Permit: required for any vehicle employed to collect
and haul refuse other than residential and commercial solid waste,
including, without limitation, trees or any part thereof, brush, vegetation,
surplus farm products, shipping cartons or crates, furniture, white
goods, scrap iron, tires, junk or rubbish of any kind permitted within
the provisions of this chapter in accordance with the following schedule:
(3)
C Permit: required for any vehicle employed in pumping
and hauling the contents of cesspools or septic tanks.
(4)
A Permit: required for roll-off container service.
(a)
Any person who has obtained a roll-off container
permit without having also obtained a permit to transport solid waste
in the Town of East Hampton shall not collect within the Town any
solid waste other than construction and demolition debris and shall
not transport such debris other than within roll-off containers.
(b)
All roll-off containers used within the Town
shall be in a suitable condition so as to prevent the scattering or
deposit of their contents during collection and transportation. Each
container and each vehicle used to transport the container shall bear
the name of the permittee on each side of the vehicle and container
in letters at least six inches in height. In addition, each container
shall bear the capacity of the container in cubic yards.
D.
In addition to providing acceptable answers to the
information required to be provided on the application form, the following
criteria must be met by applicants for a G-1 permit for a vehicle
with a gross maximum vehicle weight of 10 tons or more:
(1)
Applicants for a license shall possess and upon request
of the designated Town official provide a proposed collection route
which shall consist of the following:
(a)
Two hundred paying customers that are residential
houses within the town;
(b)
Forty paying customers that are commercial stops
within the town;
(c)
Two thousand dollars of receivables (on average)
for residential business per month in town; or
(d)
Six thousand five hundred dollars of receivables
(on average) for commercial business per month in town.
(2)
Every vehicle of 10 or more tons gross maximum vehicle
weight used for the collection of solid or liquid waste within the
Town shall:
(a)
Have an enclosed, watertight body or suitable
provisions for covering the body.
(b)
Be kept clean, sanitary and in good working
order.
(c)
Have lettering of contrasting color to the background
on the sides of the vehicle indicating the company name with lettering
at least six inches high.
(d)
Have both the vehicle's unladen vehicle weight
in pounds, its gross maximum vehicle weight in pounds and its capacity
in cubic yards, or, in the case of C Permit vehicles, its capacity
in gallons, displayed on the driver's and passenger's side.
E.
F.
Procedure for issuance of permits. Through resolution,
the Town Board may designate an official or an employee of the Town
to review applications for permits, to approve or deny the issuance
of these permits or to revoke said permit(s). These decisions are
appealable to the Licensing Review Board whose decision shall be final.
The issuance of a permit(s) may be denied where one or more of the
following grounds is found to exist:
(1)
The applicant has been found to be unfit and unable
to properly perform the service proposed and the applicant is unable
to provide sufficient or suitable equipment to meet the requirements
of the town.
(2)
The applicant has failed and/or refused without reasonable
cause to collect and dispose of solid waste, except in a situation
where a contract between the permittee and his customer has been lawfully
terminated.
(3)
The applicant has failed to account for or pay any
permit or tipping fees due to the Town in a manner deemed timely by
the Town Board.
(4)
The applicant is insolvent or has made a general assignment
for the benefit of creditors or has been adjudged bankrupt or a money
judgment has been secured against him upon which an execution has
been returned wholly or partly satisfied.
(5)
The applicant has failed to keep and maintain any
records required by the Town or has refused to allow the inspection
thereof.
(6)
The applicant has violated any of the provisions of this chapter or has failed to comply with any of the requirements stipulated herein, including, but not limited to, § 204-22.
(7)
The applicant has ceased to operate as a commercial
solid waste or liquid waste collector for which a permit was previously
issued.
(8)
The applicant has made a false statement in his permit
application.
(9)
The applicant has been found to have collected solid
or liquid waste from outside the Town and to have disposed of the
same in a public disposal facility with the town.
(10)
The applicant has been found to have disposed
of waste upon the surface of the ground within the Town or within
the waterways of the Town or in a disposal facility not approved for
such use by the New York State Department of Environmental Conservation.
(11)
The applicant has been found to have violated
any of the posted rules pertaining to safe operation of the town-owned
recycling centers.
G.
Any applicant whose application is denied shall not
be allowed to hold any single permit for any vehicle or piece of equipment.
Additionally, the Licensing Review Board may hear complaints against
specific haulers for the purpose of deciding whether such haulers
should have all permits to do business in the Town revoked.
H.
With respect to any permit issued by the Town Clerk
pursuant to the Town Board authorization, receipt shall be issued
with an individual identification number which shall be permanently
assigned and displayed on each vehicle. A copy of the receipt shall
be kept available within the vehicle for inspection upon demand.
I.
The permanent permit number shall be printed on the
permit. The permit shall be permanently affixed to the window on the
driver's side of the vehicle. A new permit may be issued at no cost
during the permit period if the original permit becomes illegible
or if the vehicle for which it was issued is sold or has its license
numbers changed, provided that the original permits are surrendered
to the Town Clerk at the time the new permit is issued.
A.
The Department of Sanitation shall be authorized to
issue a per-load permit to a commercial hauler that desires to dispose
of solid waste collected within the town, the Village of East Hampton
or that portion of the Incorporated Village of Sag Harbor located
within the boundaries of the town.
B.
The per-load fee shall be set, from time to time,
by resolution of the Town Board. The Board may establish differing
fees or institute new fees. The Office of the Town Clerk and the Sanitation
Department shall maintain a current copy of all such fees and shall
make the same available to any member of the public wishing to obtain
a copy of the same.
[Amended 4-5-1996 by L.L. No. 4-1996]
C.
The method and procedure for collection of the fee
prescribed by this section shall be established by the Town Board
by resolution.
A.
All commercial haulers shall check in at the weight scale house upon arrival at a Town recycling center. Each commercial hauler shall either present permit documentation for inspection by Town personnel or purchase a per-load permit pursuant to § 204-61. Town personnel shall determine whether the commercial hauler shall pay a fee by weight, pursuant to Subsection B hereof, or a fee by volume, pursuant to § 204-43.
B.
The Town Board, by resolution, shall establish a fee
by weight per ton, including any part of a ton. A resolution passed
by the Town Board pursuant to this subsection shall set forth the
effective date for said fee to take effect. Publication of notice
of the adoption of such resolution in the town's official newspaper
is required to occur at least 30 days prior to the resolution's effective
date.
C.
A commercial hauler shall pay a fee by weight, unless the items to be disposed of are specified in a fee schedule established pursuant to § 204-43.
D.
The method and procedure for collection of the fees
prescribed by this section shall be established by the Town Board
by resolution.
[Added 3-5-1993 by L.L. No. 4-1993]
A.
If a commercial hauler fails to pay all of the fees
owed to the Town pursuant to this chapter by the payment due date
set forth on its billing statement, the permit for each vehicle used
by the commercial hauler to deposit solid waste and recyclables at
the Town recycling centers shall be suspended.
B.
The suspension of the commercial hauler permits shall
take effect on the day following the payment due date set forth on
the billing statement. Upon the suspension of the permits, the commercial
hauler's vehicles shall be denied access to the Town recycling centers.
C.
Access to the Town recycling centers shall be reinstated,
and the suspension of the permits terminated, only after the occurrence
of one of the following:
(1)
The commercial hauler has made payment in full of
all of the fees owed to the Town pursuant to this chapter.
(2)
The commercial hauler has entered into an agreement
to pay all of the fees owed to the Town pursuant to this chapter and
such payment agreement has been accepted by the Town Board pursuant
to Town Board resolution.
[Added 3-5-1993 by L.L. No. 4-1993]
A.
The permit for each vehicle used by a commercial hauler
to deposit solid waste and recyclables at the Town recycling centers
shall be revoked by the Town Clerk upon either of the following occurring:
(1)
Sixty calendar days have passed since the payment
due date set forth on the commercial hauler's billing statement and
the commercial hauler has failed to pay in full all of the fees owed
to the Town pursuant to this chapter.
(2)
The commercial hauler is in default of any of the terms and conditions required by a payment agreement executed pursuant to § 204-63C(2).
B.
The Town Clerk shall provide the commercial hauler with written notice which sets forth a list of the permits that have been revoked and the date of each revocation. The commercial hauler's receipt of the Town Clerk's notice shall not be construed as altering the date of revocation set forth in said written notice, the effective date of the revocation being the occurrence of one of the two events set forth in § 204-64A(1) and.
C.
A commercial hauler whose permits are revoked shall
regain access to the Town recycling centers only after the occurrence
of both of the following:
(1)
The commercial hauler:
(a)
Has made payment in full of the fees owed to
the Town pursuant to this chapter;
(b)
Has corrected its default of one or more of the terms and conditions required by a payment agreement executed pursuant to § 204-63C(2) and such correction has been accepted by the Town Board pursuant to Town Board resolution; or
(c)
Has entered into an agreement to pay all of
the fees owed to the Town pursuant to this chapter and such payment
agreement has been accepted by the Town Board pursuant to Town Board
resolution.
