Public hearing: Solid Waste Management

TOWN OF RIVERHEAD

PUBLIC NOTICE

PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 5^th day of June, 2012 at 2:10 o’clock p.m. to consider a local law amending Chapter 103 entitled “Solid Waste Management” of the Riverhead Town Code as follows:

CHAPTER 103

SOLID WASTE MANAGEMENT

 

ARTICLE I.  General Provisions

§ 103-2.  Legislative intent.  

The purpose of this chapter is to protect and promote the health, safety and welfare of the residents of the Town of Riverhead by controlling the storage and disposal of solid waste generated within the Town in the most economical and environmentally acceptable manner; provide for the orderly collection of solid waste; to implement the Town of Riverhead Solid Waste Management Plan;  to comply with the requirements and further the purposes of the New York State Solid Waste Management Act, the New York State Solid Waste Management Plan and the requirements of the Long Island Landfill Law;  to maximize reduction, reuse and recycling in the management of solid wastes generated in the Town of Riverhead; to minimize potential environmental impact of wastes processed by or on behalf of the Town of Riverhead within or outside of the Town;  and to protect the drinking water supply in the Town of Riverhead. In addition, the Town Board finds that increased efforts to recover and reuse recyclable materials will protect and enhance the Town’s physical environment, promote the health, safety of persons and property within the Town. The provisions set forth herein seek not only to facilitate the implementation and operation of an environmentally sound solid waste management program and conservation of natural resources but to promote the recovery of materials from the Town’s solid waste stream for the purpose of recycling such materials by source separation.  Accordingly, the Town Board finds it is necessary to expand the Town’s recycling program to provide opportunities for nonresidential, commercial, industrial and institutional establishments to recycle. Nothing herein is intended or should be construed to modify or amend any terms or conditions of any contracts for solid waste services to which the Town of Riverhead is a party in effect on the effective of this chapter.

§ 103-3.  Repealer.

The Waste Disposal Ordinance of the Town of Riverhead, adopted December 16, 1975, as Ordinance Number 15, and any subsequent amendments thereto, is hereby repealed.  All rules and regulations of the Town of Riverhead or any agency, department or board thereof inconsistent herewith are hereby repealed as of the effective date of this chapter.    

§103-4 3.    Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated:

ASHES The noncombustible residue from the burning of combustible substances, including wood, coal, papers and refuse from structural fires.

ASH RESIDUE The solid residue resulting from the combustion of solid waste at a solid waste incinerator or waste-to-energy facility.

AUTHORIZED COLLECTOR A person, individual, partnership or corporation or employer or agent thereof authorized by contract or license with the municipality to collect solid waste from residential, commercial, industrial and institutional properties as herein defined under the terms and conditions of this chapter. In the event of municipal collection, this definition shall include the governing body and employees thereof.

BULK ITEMS Large items such as sofas, upholstered chairs, mattresses and box springs but excluding white goods such as refrigerators, stoves, dishwashers, washers, dryers, etc., which are considered recyclable.

BULK WASTE Nonputrescible items and materials, including appliances, household furnishings and all other items of solid waste larger than two by four (2 x 2 x 4) feet or heavier than fifty (50) pounds.

CLEAN FILL Material consisting of concrete, steel, wood, sand, soil and material which is the end product of a permitted composting facility.

COLLECTOR The person, firm, agency or public body or employee or agent thereof who is engaged in the collection of and/or transportation of solid waste.

COLLECTION VEHICLE Any vehicle licensed by the Town of Riverhead to operate commercially within the town for the purpose of collecting and transporting solid waste, recyclables, liquid waste, sludge, ashes and any other waste material, except hazardous waste, as defined pursuant to regulations promulgated under the New York State Environmental Conservation Law and/or the Federal Resource Conservation Recovery Act.

COMMERCIAL OPERATIONS All properties used for industrial or commercial purposes, including but not limited to retail and wholesale establishments, apartments with more than three units, condominiums, trailer parks, offices, garages, gas stations, manufacturing and repair establishments, banks, motels, restaurants and other similar and related facilities.

COMPOSTING The aerobic thermophilic decomposition of solid organic constituents of solid waste to produce 

CONSTRUCTION AND DEMOLITION DEBRIS Solid waste resulting from the construction, remodeling, repair and demolition of structures and roads.

CONTAINER A reusable receptacle made of plastic or metal with a capacity of not more than thirty-two (32) gallons, a loaded weight of not more than fifty (50) pounds, a tight-fitting lid and handles of adequate strength for lifting.  A can, bin, box, bag or other unit used for storage of solid waste or recyclable materials.

DESIGNATED RECYCLABLES Recyclables which have been designated by the Town Board or Sanitation Supervisor for separation from other solid wastes at the point or source of generation.

FACILITY Any solid waste management facility employed beyond the initial solid waste collection process which is to be used, occupied or employed for or is incidental to the receiving, transporting, storage or processing or disposal of solid waste or the recovery by any means of any material or energy product or resource therefrom, including recycling centers, transfer stations, processing systems, resource recovery facilities, sanitary landfills, plants and facilities for composting or land spreading of solid wastes, secure land burial facilities, reprocessing and recycling facilities, surface impoundments and waste oil storage, incinerators and other solid waste disposal, reduction or conversion facilities

GARBAGE That portion of municipal solid waste consisting of putrescible materials and shall include animal, vegetable, fruit and table scraps. It shall exclude yard waste.

HAZARDOUS WASTE Waste defined as “hazardous” pursuant to regulations promulgated under the New York State Environmental Conservation Law and/or the Federal Conservation Recovery Act.  Solid waste that is especially harmful or potentially harmful to the public health. This shall include but not be limited to explosives, toxic or infectious materials and medical waste. For purposes of this chapter, hazardous waste does not include small quantities of such waste as generated by a resident or homeowner (e.g., aerosol cans, pesticides, fertilizers, etc.).

HOUSEHOLD HAZARDOUS WASTES Waste which, but for its point of generation, would be a hazardous waste as defined by regulations promulgated pursuant to the New York State Environmental Conservation Law and/or the Federal Resource Conservation Recovery Act, including but not limited to pesticides, herbicides, fungicides, oil-based paints, varnishes, lacquer, wood stains, waste oils, degreasers, solvents, cleaning fluids, polishes, antifreeze, septic tank cleaners, waterproofing liquids and substances, lye, acid, inks, moth balls and flakes and all containers used for storage of any of the hereinabove-listed substances, household batteries and automobile batteries. 

INDUSTRIAL WASTE Waste generated by manufacturing or industrial processes, including but not limited to fertilizer and agricultural chemicals; inorganic chemicals; organic chemicals; wastes produced in the manufacture of plastics and resins, pulp and paper, stone, glass, clay and concrete products, textiles, and electronics equipment and circuitry.  

INFECTIOUS WASTE Waste defined as “infectious waste” by Section 360-1.2(b)(81) of Title 6 of the New York Codes, Rules and Regulations.

INSTITUTIONAL WASTE Solid waste generated at institutions within the Town of Riverhead, excluding wastes defined herein as “hazardous waste” or “infectious waste.”

INSTITUTIONS Hospitals, schools, day-care centers, nursing homes, places of worship, not-for-profit recreational centers and facilities, camps, not-for-profit community centers, not-for-profit organizations and political subdivisions of the state or agencies and departments thereof.

INSTITUTION An organization or establishment devoted to the promotion of a particular object or cause, including schools, nursing homes and retirement homes, health facilities, governmental facilities, libraries, fire halls, etc.

LAND CLEARING DEBRIS Uncontaminated solid waste consisting of vegetation resulting from land clearing, utility line maintenance and seasonal and storm-related cleanup within the Town of Riverhead.

LANDFILL A solid waste facility or part of one at which solid waste is intentionally placed in or on land.  The words “town landfill” mean the disposal facility located on Youngs Avenue in Riverhead, owned, maintained and operated by the Town of Riverhead for the disposal of waste pursuant to the provisions of this chapter.

LICENSE Due authorization, in writing, pursuant to this chapter, to provide solid waste services to residence and/or nonresidences in the Town of Riverhead, including the operation of a collection vehicle or vehicles, herein defined, within the Town of Riverhead.

MULTIPLE RESIDENCE Any building or parcel of land having more than two (2) dwellings, as defined in §108-3 of Chapter 108, Zoning.

MUNICIPAL SOLID WASTE/SOLID WASTE (MSW) All putrescible and nonputrescible materials, including garbage, refuse, bulk items, white goods and other discarded solid materials, including but not limited to solid waste materials resulting from residential, industrial, commercial and agricultural operations and from community activities. It shall not include solids or dissolved material in domestic sewage or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows or other common water pollutants. In addition, it shall not include hazardous waste.

NONRESIDENCE  Any building or parcel of land not used as a residence or multiple residence as herein defined.

OWNER Includes any person who is a lessee, a purchaser under a reserve title contract, conditional sales contract or vendor’s lien agreement and any person who is entitled to obtain in his or her own name proper New York State registration of a vehicle. 

PERSON Any individual, public or private corporation firm, partnership, unincorporated association, firm, trust, estate corporation or any other legal entity.

PORTABLE TRANSFER CONTAINER An enclosed, portable, metal container with a capacity of one cubic yard or greater used for the temporary storage of solid waste or recyclable materials and is emptied by mechanical means into a collection truck.   

PRIVATE COLLECTOR An individual, firm, corporation or legal entity providing for the collection of MSW and/or recyclable materials. To operate in the Town of Riverhead a private collector shall be required to obtain a license from the Town and shall be subject to the rules and regulations of the Town (see definition of Authorized Collector).

PRIVATE SUBSCRIPTION The collection of MSW and recyclable materials where the resident contracts directly with the private collector of the subscriber’s choice.

RECYCLABLES Solid waste which exhibits the potential to be used repeatedly, in place of a virgin material, including newspapers and newsprint; corrugated paper; cardboard; paperboard; kraft quality paper; glass bottles, jars and containers; aluminum; ferrous metals; tin and bimetals; plastics; magazines and glossy papers; lumber; pallets; tires; and such other materials as the Town Board may by resolution designate. 

RECYCLABLE MATERIALS Those materials specified by the municipality for separate collection in accordance with recycling regulations. Such materials may include but are not limited to:

METAL CONTAINERS

— Containers fabricated primarily of aluminum, steel or tin or bimetal cans of steel, tin and/or
aluminum.

GLASS FOOD AND BEVERAGE CONTAINERS

— New and used glass food and beverage containers which have been rinsed and are free of
food contamination, including clear (flint), green and brown (amber) colored glass bottles and
jars. Glass shall not include ceramics, plate glass, auto glass, Pyrex, leaded glass, mirrored
glass or flat glass.

PLASTIC FOOD AND BEVERAGE CONTAINERS

— Includes high-density polyethylene (HDPE) and polyethylene terephthalate (PET),
designated respectively as No. 2 and No. 1 on the recycling code located on the containers.

PAPER All high grade office paper, fine paper, bond paper, office paper, xerographic paper, mineo paper, duplication paper, magazines, paperback books, school paper, catalogs, junk mail, computer paper, telephone books, newspaper, newspaper supplements, newspaper advertisements, corrugated cardboard, and similar cellulosie material, but shall not mean wax paper, plastic or foil coated paper, Styrofoam, wax coated food and beverage containers, carbon paper, blueprint paper, food-contaminated paper, soiled paper, and wax coated or soiled cardboard.

WHITE GOODS

— Stoves, refrigerators, dishwashers, dryers, washing machines, water heaters and other large appliances and scrap metal but excluding air conditioners, microwaves and televisions. 

*The above materials will be reviewed quarterly and will be modified as the need arises by the Town Board.

RECYCLING  Any process by which materials, which otherwise become solid waste, are collected, separated and/or processed, treated, reclaimed, used or reused to produce a raw material or products. 

RECYCLING CENTER Any structure or combination of structures, machinery and equipment, including yard waste and mixed waste composting facilities, owned or operated by or on behalf of the Town of Riverhead or accepting solid wastes pursuant to a contract with or a permit from the Town of Riverhead, for the deposit, storage or processing of materials required by §§103-20 and 103-30 of this chapter to be separated from other solid wastes at the source of generation.

REFUSE That portion of municipal solid waste consisting of nonputrescible materials. It shall exclude bulk items and white goods.

RESIDENCE A building  or parcel having one (1) or two (2) dwellings, as defined by §108-3 of Chapter 108, Zoning.

RESIDENT Any person residing within the Town on a temporary or permanent basis, but excluding persons residing in hotels or motels.

RESIDENTIAL PROPERTY Properties used as dwellings, including buildings having up to and including three dwelling units in one building. Multiple-dwelling residential buildings containing more than four dwellings units, for purposes of this chapter, shall be treated as commercial properties.

SLUDGE Any solid, semisolid or liquid waste generated by a permitted wastewater treatment plan located within the Town of Riverhead, excluding the treated effluent from a wastewater treatment plant.

SOLID WASTE All putrescible and nonputrescible materials or substances that are discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection, except septage, sewage and treated septage and sewage effluent and other highly diluted water-carried materials or substances or those in gaseous form.

SOLID WASTE FACILITY Any structure or combination of structures, machinery and equipment owned or operated by or on behalf of the Town of Riverhead or designated by a contract entered into between the Town of Riverhead and any person, firm or corporation, for the purpose of accepting solid waste generated within the Town of Riverhead, including a transfer station, as herein defined. 

SOLID WASTE MANAGEMENT The purposeful, systematic control of the storage, collection, transportation, processing and disposal of solid waste.

SOLID WASTE SERVICES The handling, removal, collection, storage or disposal of solid waste, including the placement or removal of containers for solid waste on or from sites within the town not owned by the person placing or removing the containers, and the transporting of solid waste from or to any location within the town. 

SOURCE SEPARATE To separate the recyclable materials from the MSW stream at the point of waste generation.

STREET Any road, avenue, public thoroughfare or highway within the Town of Riverhead, whether or not owned or maintained by the Town of Riverhead.

TOWN All areas within the Town of Riverhead.

TOWN BOARD The Town Board of the Town of Riverhead.

TOWN CLERK The Town Clerk of the Town of Riverhead.

TRANSFER STATION Any structure or combination of structures, machinery, equipment and facilities used for the off-loading of solid waste from collection vehicles and the reloading of solid waste into vehicles for transportation to another facility. 

YARD WASTE Plant material, including leaves, grass clippings, branches less than four (4) inches  diameter, brush , flowers and roots; debris commonly thrown away in the course of maintaining yards and gardens  Organic yard and garden waste, leaves, wood chips, grass clippings and brush, including sod and rocks not more than four (4) inches in diameter; and biodegradable waste approved for the yard waste composting program by the Town Board or the Sanitation Superintendent. “Yard waste” shall not include food waste; plastics and synthetic fibers; lumber; wood waste or tree limbs which exceed four (4) inches in diameter or four (4) feet in length; or soil contaminated by hazardous waste or household hazardous waste products.

§ 103-4.  Severability.

If any term, part, provision, section, subdivision or paragraph of this chapter shall be held unconstitutional or ineffective, in whole or in part, then, to the extent that it is not unconstitutional or ineffective, this chapter and such term, part, provision, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions or paragraphs thereof.

§ 103-5.  Dumping prohibited; penalties for offenses.

 A.  It shall be unlawful for any person to throw or deposit solid waste on any street or public highway, sidewalk, public place or public facility or to throw, deposit or bury solid waste on any land in public ownership, except at a duly authorized solid waste facility or recycling center.

 B.  It shall be unlawful for any person to throw, deposit or bury solid waste on any vacant land or other parcel of land in private ownership in the Town of Riverhead, except in accordance with the provisions of this chapter and unless a solid waste management facility permit has been issued for such land by the New York State Department of Environmental Conservation.

C.  It shall be unlawful for any person to deposit solid waste in any container placed on private property for the storage of solid waste pursuant to a contract between the owner or occupant of said property and a person licensed to provide solid waste services by the Town of Riverhead. This prohibition shall not apply to the owner or occupant of said property or his or her employees or agents. Nothing in this section shall be construed to prohibit the deposit of solid waste in containers or receptacles placed by the owner or occupant of private property in commercial use for the deposit of litter by members of the public invited onto such property for commercial purposes.

D.  It shall be unlawful for any owner, lessee, tenant, occupant or person having the management or control of any lot or parcel of land in the Town of Riverhead, except as herein provided or as may be designated or permitted by the Town Board, to deposit, bury, accumulate or allow or cause to be deposited, buried or accumulated any solid waste upon such lot or parcel of land, except in accordance with the provisions of this chapter.

 E.  Nothing herein shall be construed as prohibiting composting by an owner or occupant of residential premises on his or her own property.

F.  A violation of this section shall be punishable by a penalty of not less than one thousand dollars ($1,000.).

§ 103-6.  Unauthorized incineration of solid waste. 

It shall be unlawful for any person to incinerate or burn any solid waste within the Town of Riverhead without having first obtained the appropriate permits from the Town Board and the New York State Department of Environmental Conservation, as applicable.

§ 103-7.  Storage of solid waste.

No person shall store or cause or allow to be stored solid waste within the town, except in enclosed metal or plastic containers.

§ 103-8.  Disposal of solid waste.

A.  License required. No person shall deposit solid waste at any solid waste facility or recycling center without having first obtained the appropriate license or permit to deposit solid waste at such facility and/or paid the disposal fee(s) required by this chapter.

B.  It shall be unlawful for any person to dispose of solid waste collected or generated outside of the town at any solid waste facility or recycling center within the town, except as may be authorized by a special permit of the Town Board.

C.  It shall be unlawful for any person to dispose of solid waste, including recyclables, yard wastes and other wastes, collected or generated in the town at any solid waste facility or recycling center, except those designated by the Town Board.

 D.  Nothing herein shall prohibit an owner of a commercial business from contracting with a supplier of goods and materials to collect the reusable or recyclable packaging of the goods and materials supplied.

§ 103-9.  Methods of disposal.

 A.  Solid waste generated within the town shall be disposed of only at such duly permitted solid waste facilities or recycling centers as may be designated by the Town Board for this purpose.

 B.  It shall be unlawful for any person to transport, carry or convey solid waste collected or generated outside the town over any public highways within the Town of Riverhead or to deliver the same to a solid waste facility or recycling center, except as may be authorized by a special permit of the Town Board or by a contract entered into by the town.

 C.  It shall be unlawful for any person to place hazardous wastes, including household hazardous wastes, out for collection by a person not licensed to collect, transport and/or dispose of hazardous wastes.

§ 103-10.  Severability.

If any term, part, provision, section, subdivision or paragraph of this chapter shall be held unconstitutional or ineffective, in whole or in part, then, to the extent that it is not unconstitutional or ineffective, this chapter and such term, part, provision, section, subdivision or paragraph thereof shall be in full force and effect; and such determination shall not be deemed to invalidate the remaining terms, parts, provisions, sections, subdivisions or paragraphs thereof.

§ 103-11.  When effective.

This chapter shall take effect thirty (30) days after filing with the Secretary of State.

ARTICLE II.  Waste Disposal

§  103-15.  Restrictions. 

On or after the effective date of this chapter, the following shall be prohibited from disposal at any solid waste facility, except at such facilities designated by the Town Board for the collection, storage and disposal of the following designated materials as herein provided:

A. Hazardous waste, including household hazardous waste.

B. Infectious waste.

C. Ash and ash residue.

D. Sludge.

E. Liquid effluent of any wastewater treatment facility.

F. Animal or human excrement.

G. Recyclables.

H. Yard wastes.

I. Construction and demolition debris.

J. Land-clearing debris.

K. Tires.

L.  Bulk wastes.

M. Industrial waste.

N. Vehicles or vehicle parts.

O. Dead animals.

§ 103-16.  Penalties for offenses.

A.  On or after the effective date of this chapter, any person who deposits any of the materials prohibited by § “103-16B”

B.  On or after the effective date of this chapter, the owner or operator of any collection vehicle which delivers for deposit or disposal at any solid waste facility, except as herein provided, solid waste which contains any of the materials prohibited by “103-16C”

C. The owner or operator of any collection vehicle(s) who has violated the provisions of this Article three (3) times within any eighteen-month period shall have its license or licenses to collect and/or dispose of solid waste in the Town of Riverhead suspended for a period of not less than thirty (30) days. Any subsequent violation of this Article by such person shall result in the automatic suspension of such license for a period of not less than sixty (60) days. In the event of any further subsequent violation(s) of this Article, such person’s license or licenses to collect and/or dispose of solid waste in the Town of Riverhead shall be subject to revocation.

 D. In the event that a violation of the provisions of this Article is committed by a person authorized to collect and dispose of solid waste in the Town of Riverhead pursuant to a contract with the Town of Riverhead or any agency, department or authority of the Town of Riverhead, such contract shall be subject to termination by the town or such agency, department or authority.

§ 103-17.   Enforcement of restrictions.  

A. The Sanitation Supervisor and/or his or her agents, employees or designees are hereby empowered to inspect all solid waste transported into any solid waste facility to determine that such solid waste does not contain any of the materials prohibited from disposal at such solid waste facility pursuant to this Article.

B.  Upon a determination by the Sanitation Supervisor or his or her agent, employee or designee that such solid waste contains materials prohibited hereby, such waste 

shall be refused for deposit at such solid waste facility and the operator of the vehicle transporting such waste shall be directed to remove the entire contents of his or her vehicle from the facility.

C.  The Sanitation Supervisor and/or his or her duly authorized agents are hereby empowered to issue a notice of violation to any person transporting wastes prohibited by this Article into any solid waste facility for deposit therein, except as herein provided. In the case of a collection vehicle transporting wastes prohibited for disposal by this Article into any solid waste facility which is not designated to accept such wastes, such notice of violation shall be issued to the person who is the owner of said vehicle.

§ 103-18.  Disposal of certain designated wastes.  

Materials which, pursuant to §§  103-20 and 103-30 of this chapter, must be separated at the source of generation shall only be disposed of or deposited at such facilities as the Town Board may from time to time designate. Such materials brought for disposal or deposit at such designated facilities shall not be mixed or commingled with any other materials which such facilities are not designated to accept.

§ 103-19  (Reserved)  

ARTICLE III.  Collection Practices: Solid Waste Generated at Residences   

§ 103-20.  Source separation required; penalties for offenses.  

A.  Materials to be separated. As of January 1, 1991, all residents of the town, including the occupants of multiple residences as defined herein, shall separate the following materials from all other solid waste placed out for collection or transported into a solid waste facility or recycling center for deposit:

(1)  Household hazardous wastes.

(2) Recyclables designated by the Town Board.

(3) Yard wastes.

(4) Construction and demolition debris.

(5) Land-clearing debris.

(6) Bulk wastes.

(7) Tires.

(8) Human and animal excrement.

B. It shall be unlawful for any person to place out for collection any container containing solid waste mixed with any of the materials listed in Subsection  A hereof.

C. It shall be unlawful for any person to collect from a residence or multiple residence solid waste mixed with any of the materials listed in Subsection  A hereof.

D. Any person who violates the provisions of Subsection  B hereof shall be subject to a civil penalty of not less than fifty dollars ($50.) for each such violation.

 E. All residents receiving service shall place all solid wastes, including but not limited to refuse, recyclables and bulk items, immediately adjacent to the roadway before 6:00 a.m. on the scheduled collection days. Solid waste shall not be placed at curbside for more than twenty-four (24) hours prior to collection, and any uncollected solid waste must be removed by the resident immediately. Residents shall keep the lifting weight of containers, bags and bundles each to below fifty (50) pounds, keep hazardous wastes out and make separate arrangements to dispose of construction debris (generated by home improvement contractors) and large auto parts over fifty (50) pounds.

§ 103-21.   Recyclables.  

The owners or occupants of all residences and multiple residences within the town shall separate all recyclables designated by the Town Board from all other solid wastes and place such designated recyclables in a separate, covered container at curbside for collection on such day or days as the Town Board may designate for collection by the town or its duly authorized contractor. The owner(s) of multiple residences, as herein defined, shall provide for the use of occupants thereof such containers for the deposit and storage of designated recyclables by said occupants as the Town Board or Sanitation Supervisor shall direct.

 A. All recyclables shall be clean and dry and, in the case of designated recyclable containers and cans, the contents removed therefrom.

B. Caps and rings shall be removed from glass and plastic containers.

C. Newspapers and corrugated cardboard, if designated by the Town Board for separation, shall be tied separately from other recyclables and placed on top of or next to the recyclables collection container. Other papers, including glossy papers, 

shall not be mixed with newspapers. If other papers and other types of cardboard are designated as recyclables by the Town Board, they shall also be separately tied or bundled separately.

D. Title to and ownership of recyclables set out for collection in the public right-of-way shall thereupon vest in the town. It shall be unlawful for a person to collect, remove or dispose of recyclables which are the property of the town without first having obtained the written authorization of the town to do so and without first having obtained the license required by this chapter. Persons who collect or remove recyclables owned by the town shall deliver and dispose of the same at such location as the Town Board shall direct.

§ 103-22. Yard wastes.  

The owners or occupants of all residences and, where applicable, multiple residences within the town shall separate all yard wastes as herein defined from all other solid waste and shall place the same at curbside for collection on such day or days as the Town Board may designate for collection by the town or its duly authorized contractor. Such wastes shall be placed out for collection in such a manner so as not to impede the flow of vehicular or pedestrian traffic on public streets and sidewalks and shall be placed in such containers as the Town Board or the Sanitation Supervisor shall authorize.

§ 103-23.  Household hazardous wastes.  

A. Household hazardous wastes, as herein defined, shall be separately stored by all owners or occupants of residences and multiple residences in the town and shall not be mixed in any container with any other solid wastes placed out for collection or transported to a solid waste facility or recycling center for deposit thereat.

B. Unless otherwise provided by resolution of the Town Board or pursuant to a solid waste collection contract entered into by the town, it shall be the responsibility of every resident of the town to transport all household hazardous wastes to the town’s facility for the collection and storage of household hazardous wastes at the Youngs Avenue solid waste facility and to dispose of such wastes at said facility on such days and at such times as the Town Board may designate, upon payment of the disposal fee required by this chapter.

§ 103-24.   Other materials.  

All other materials required by this Article to be separated from other solid wastes prior to collection or delivery to a solid waste facility or recycling center shall be disposed of in such manner as the Town Board or the Sanitation Supervisor prescribes, including construction and demolition debris; land-clearing debris; bulk wastes; tires; and human and animal excrement.

ARTICLE IV.   Collection Practices: Solid Waste Generated at Nonresidences 

§ 103-30.  Source separation required; penalties for offenses.  

A. Materials to be separated. As of January 1, 1992, all owners, lessees, tenants and other occupants of nonresidences in the town shall separate the following materials from all other solid waste placed out for collection or transported to a solid waste facility or recycling center for deposit thereat:

(1) Hazardous wastes.

(2) Recyclables designated by the Town Board.

(3) Yard wastes.

(4) Construction and demolition debris.

(5) Land-clearing debris.

(6) Bulk wastes.

(7) Tires.

(8) Human and animal excrement.

(9) Infectious wastes.

B. It shall be unlawful for any person to place out for collection any solid waste mixed with any of the materials listed in Subsection  A hereof.

C. It shall be unlawful for any person to collect from a nonresidence solid waste mixed with any of the materials listed in Subsection  A hereof.

D. Any person who violates the provisions of Subsection B hereof shall be subject to a civil penalty of not less than one hundred dollars ($100.) for each such violation.

§ 103-31.  Recyclables.  

The owners, lessees, tenants or other occupants of all nonresidences within the town shall separate all recyclables designated by the Town Board from all other solid wastes and shall place such designated recyclables in a separate, covered container for collection by the provider of solid waste services on such day or days as the provider of solid waste services shall designate for collection of recyclables.

A. All recyclables shall be clean and dry and, in the case of designated recyclable containers and cans, the contents removed therefrom.

 B. Caps and rings shall be removed from glass and plastic containers.

C. Newspapers shall be tied separately from other recyclables prior to being placed out for collection. Other papers, including glossy papers, shall not be mixed with newspapers. If other papers are designated as recyclables by the Town Board, they shall also be separately tied or bundled.

D. Corrugated cardboard and paperboard boxes and containers shall be flattened and bundled separately from other recyclables.

§ 103-32.  Yard wastes.  

The owners, lessees, tenants or occupants of all nonresidences within the town shall separate all yard wastes as herein defined from all other solid waste and shall place the same at curbside for collection on such day or days as the Town Board may designate for collection by the town or its duly authorized contractor. Such wastes shall be placed 

out for collection in such a manner so as not to impede the flow of vehicular or pedestrian traffic on public streets and sidewalks and shall be placed in such containers as the Town Board or the Sanitation Supervisor shall authorize.

§ 103-33.  Hazardous wastes; penalties for offenses.  

A. Hazardous wastes and infectious wastes as herein defined shall be separately and safely stored by all owners or occupants of nonresidences in the town and shall not be mixed in any container with any other solid wastes placed out for collection or transported to a solid waste facility or recycling center for deposit thereat.

B. It shall be the responsibility of every owner, lessee, tenant or other occupant of a nonresidence to contract with a person who is duly authorized by law to collect and dispose of such wastes for the collection, transport and disposal of all such wastes generated on or at such nonresidential premises.

C. Each violation of this section shall be punishable by a civil penalty of not less than five hundred dollars ($500.).

§ 103-34. Other materials.  

All other materials required by this Article to be separated from other solid wastes prior to collection or delivery to a solid waste facility or recycling center shall be disposed of in such manner as the Town Board or the Sanitation Supervisor shall prescribe, including construction and demolition debris; land-clearing debris; bulk wastes; tires; and human and animal excrement.

ARTICLE V.  License and Permit Requirements  

§ 103-40.  Licenses or permits required; penalties for offenses.  

A. Except as otherwise provided by this Article, it shall be unlawful for any person to collect or remove solid waste of any kind from the premises of any person or transport the same through or upon any street or public highway in the Town of Riverhead without first having obtained the appropriate license or permit from the Town Clerk as herein provided.

B. Classification of licenses and permits. Licenses and permits issued by the Town Clerk shall be classified as follows:

(1) Class 1 license: required of all persons who are engaged in the business of collecting or removing solid waste from premises defined herein as “nonresidences,” including any person who collects or removes solid waste from nonresidence premises which he or she does not own, lease or occupy, whether or not such person is engaged in the business of collecting or removing solid waste.

 (2) Class 2 license: required of all persons who are engaged in the business of collecting or removing solid waste from premises defined herein as “residences.”

(3) Class 3 license: required of all persons who collect or remove from any premises in the Town of Riverhead any of the following materials, as herein defined: construction and demolition debris; land-clearing debris; bulk waste. A Class 3 license shall not be required if such person removes such materials from premises which he or she owns, leases or occupies.

(4) Class 4 license: required of all persons who collect or remove from any premises in the Town of Riverhead any of the following materials: hazardous waste; household hazardous waste; infectious waste; ash or ash residue. A Class 4 license shall not be required, however, if such person, pursuant to a contract entered into with the Town of Riverhead, collects or removes household hazardous waste from any household hazardous waste storage facility owned or operated by or on behalf of the Town of Riverhead.

(5) Class 5 license: required of all persons who are engaged in the business of landscaping who bring landscaping materials, limited to yard waste as herein defined, to a solid waste facility or recycling center owned or operated by or on behalf of the Town of Riverhead.

(6) Class 6 license: required of all persons engaged in the business of agriculture or the duly authorized employees or agents thereof who bring, on and after January 1, 1992, solid waste generated on premises in active agricultural production, whether generated in the course of such agricultural production or in residences located on such premises, to any solid waste facility or recycling center owned or operated by or on behalf of the town.

(7) Resident permit: required of any resident, defined as a person who dwells in a residence, as herein defined, in the Town of Riverhead, including persons who inhabit dwelling units in multiple residences, as herein defined, in the Town of Riverhead, if such resident collects or removes solid waste from the premises he or she owns or occupies or transports solid waste on or through any street or public highway or delivers such solid waste for deposit or disposal at any disposal facility owned or operated by or on behalf of the Town of Riverhead. This classification shall be in effect until December 31, 1991, after which no resident permits shall be issued or effective.

(8) Business permit: required of any owner or operator of any business or nonresidence, as herein defined, in the Town of Riverhead, who removes solid waste from his or her business or nonresidence premises or transports solid waste on or through any street or public highway or delivers such solid waste for deposit or disposal at any disposal facility operated by or on behalf of the Town of Riverhead. This classification shall be in effect until December 31, 1996, after which no business permits shall be issued or effective.

(9) Roll-off and container permit decals: required of any person, firm or corporation engaged in the business of collecting, removing and/or transporting solid waste generated in the town, including designated recyclables, from residences and nonresidences, for each roll-off or other container used on such nonresidence premises for the storage of solid waste or recyclables placed out for collection by the occupant(s) of such premises.

(10) Vehicle permit decals: required of any person, firm or corporation engaged in the business of collecting or removing solid waste, including designated recyclables, from residences and nonresidences, for each vehicle, including trucks, wagons, trailers and other conveyances used in such business for collecting and/or transporting solid waste, including designated recyclables.

C. Any person who violates the requirement of Subsection A hereof shall be subject to the following penalties, determined according to the classification of license or permit required for the activity undertaken without the appropriate license or permit, including persons operating with an expired, suspended or revoked license or permit:

 (1) Class 4 license: penalty not less than one thousand dollars ($1,000.).

 (2) Class 1, 2 or 3 license: penalty not less than five hundred dollars ($500.).

(3) Class 5 or 6 license and business permit: penalty not less than two hundred fifty dollars ($250.).

  (4) Resident permit: penalty not less than one hundred fifty dollars ($150.).

(5) Vehicle permit decals: penalty not less than one hundred dollars ($100.).

(6) Roll-off and container permit decals: penalty not less than one hundred dollars ($100.). Each removal of solid waste from any premises or each incidence of transporting solid waste on or through any street or public highway or each delivery of solid waste for deposit or disposal at a disposal facility owned or operated by or on behalf of the Town of Riverhead in violation of the license or permit requirements of this section shall constitute a separate violation subject to the penalties herein provided.

§ 103-41.  License and permit fees.  

A. Class 1 and 2 licenses. The annual fees for Class 1 and 2 licenses shall be two hundred fifty dollars ($250.), plus fifty dollars ($50.) per vehicle, including trucks, wagons, trailers and other conveyances used by the licensee in the removal and/or collection of solid waste. Until January 1, 1992, the holder of a valid Class 1 license shall not be required to pay an additional annual fee to obtain a Class 2 license.

B. Class 3 licenses. The annual fee for a Class 3 license shall be two hundred fifty dollars ($250.), plus fifty dollars ($50.) per vehicle, truck, trailer, wagon or conveyance used by the licensee in the removal and/or collection of the materials for which a Class 3 license is required. The holder of a valid Class 1 license shall receive an abatement of fifty percent (50%) of the annual fee for a Class 3 license.

 C. Class 4 license. The annual fee for a Class 4 license shall be five hundred dollars ($500.), plus one hundred dollars ($100.) per vehicle, truck, trailer, wagon or conveyance used by the licensee in the removal and/or collection of the materials for which a Class 4 license is required.

D. Class 5 license. The annual fee for a Class 5 license shall be one hundred fifty dollars ($150.).

 E. Class 6 license. The annual fee for a Class 6 license shall be one hundred dollars ($100.).

 F. Resident permit. The annual fee for a resident permit shall be fifty dollars ($50.).

 G. Business permit. The annual fee for a business permit shall be one hundred dollars ($100.).

H. Roll-off and container permit decals. The annual fee for a roll-off or container permit decal shall be five dollars ($5.).

§ 103-42.  Resident and business permit requirements.  

A.  No permit shall be issued by the Town Clerk unless the applicant therefor can establish to the satisfaction of the Town Clerk that he or she is a permanent or seasonal resident of the Town of Riverhead, if the applicant requests a resident permit, or that he or she owns, leases or otherwise occupies a business or nonresidence in the Town of Riverhead, if the applicant requests a business permit.

B. The Town Clerk shall issue one (1) vehicle sticker to each permittee for a vehicle registered in the name of such permittee, which shall, when permanently affixed to said vehicle, constitute evidence of such permit and thereby authorize said permittee to remove solid waste from his or her premises and/or transport the same on or through any street or public highway and/or deliver the same for deposit or disposal at any disposal facility operated by or on behalf of the Town of Riverhead. Vehicle stickers so issued shall be permanently affixed to the authorized vehicle in such manner as the Town Board or Sanitation Supervisor shall prescribe.

C. Permits and vehicle stickers shall be nontransferable.

D. Permittees shall comply with the applicable provisions of this chapter and with such instructions as the Sanitation Supervisor or his or her designees may require for the deposit or disposal of solid waste at any disposal facility owned or operated by or on behalf of the Town of Riverhead.

E. All vehicles used by permittees for the transportation of solid waste on or through any street or public highway in the Town of Riverhead shall be covered or equipped such that no solid waste shall blow, leak or spill from such vehicle onto any street or public highway.

§ 103-43.  License application requirements.  

 A. Application form. Each applicant for a license shall accurately complete a license application in such form as provided by the Town Clerk.

B. Application fees. Each new application for a license, except Class 5 and 6 licenses, shall be accompanied by an application fee of fifty dollars ($50.), payable to the Town Clerk. Each new application for a Class 5 or 6 license shall be accompanied by an application fee of twenty-five dollars ($25.), payable to the Town Clerk.

C. Fingerprints. Each applicant for a license, other than a Class 3, 5 or 6 license or a business permit, shall furnish the Town Clerk with a full set of his or her fingerprints, together with his or her written authorization for a full search and return from the New York State Division of Criminal Justice Services. If an applicant is a partnership, a full 

set of fingerprints of all general partners shall be submitted. If an applicant is a corporation, a full set of fingerprints of the corporation’s president, treasurer and, if any, chief executive officer shall be submitted. If the applicant corporation is a privately held corporation, a full set of fingerprints of any person owning more than twenty-five percent (25%) of the issued and outstanding shares of stock of such corporation shall also be submitted. The applicant shall pay to the Town Clerk all charges imposed by the New York State Division of Criminal Justice Services for a full search and return on such fingerprints.

D. Each applicant for a license, except for Class 3, 5 and 6 licenses, shall submit to the Town Clerk a list of all customers to be served in the Town of Riverhead, including customer name, street number and name and post office.

E. Each applicant for a Class 4 license shall submit satisfactory proof upon application that he or she has all licenses and/or permits required by all other applicable government authorities for the collection, transportation and disposal of the materials for which a Class 4 license is required. Each such applicant shall also file with the Town Clerk the name, location and applicable permit number of every disposal facility to which such materials collected in the Town of Riverhead shall be delivered.

§ 103-44.  License requirements.  

 A. No license shall be issued to any applicant if the owner, partner, officer or principal shareholder of such applicant has been convicted of a misdemeanor or felony which renders the applicant unfit to hold the license sought.

 B. Every licensee shall obtain vehicle permit decals for each and every vehicle to be used in the Town of Riverhead for the collection, removal, transportation and/or disposal of solid waste, including recyclables, in the town. Every licensee shall obtain a roll-off and container permit decal for each roll-off or container used by such licensee for the collection and storage of solid waste.

 C. Every Class 1 licensee shall provide separate collection of source-separated designated recyclables pursuant to § 103-20 for all nonresidence customers on and after January 1, 1992. No Class 1 licensee shall remove or collect solid waste which contains designated recyclables mixed therewith.

D. Every Class 4 licensee shall comply with all applicable safety regulations for the collection, transportation and disposal of the materials for which a Class 4 license is required. Class 4 licensees shall also file with the Town Clerk notification of any change in the disposal facility information required as a part of said licensee’s original or renewal application. No Class 4 licensee shall transport, deliver, deposit for disposal or dispose of such materials to or at any location or facility other than one duly permitted or licensed for the collection, storage or disposal of such materials by the applicable government authority.

E. All vehicles used by every licensee shall be covered or so equipped such that solid waste shall not blow, spill or leak onto any street or public highway in the town during the removal, collection or transportation of such wastes upon the streets or public highways.

 F. Every licensee shall promptly pay all disposal fees assessed by the Town of Riverhead or its agents for the disposal of solid waste at any facility owned or operated by or on behalf of the Town of Riverhead. A licensee’s failure to pay such fees within thirty (30) days of the date the same become due and payable shall result in the automatic suspension, upon notice, of said license, which suspension shall remain in effect until all such past-due balances are paid in full.

G. Every license, vehicle permit decal and roll-off or container permit decal issued  hereunder shall be nontransferable.

H. Roll-off and container permit decals shall only be issued to duly qualified licensees pursuant to the provisions of this Article.

I.  Every licensee shall deliver all solid waste generated in the Town of Riverhead and collected by such licensee in the town to such solid waste facility or facilities as directed by the Town Board or the Sanitation Supervisor.

§ 103-45.  Penalties for offenses.  

Except as otherwise provided herein, each violation of any provision of this Article may be punishable by a penalty of not less than two hundred fifty dollars ($250.) and/or the suspension or revocation of license.

ARTICLE VI.   Collection and Disposal Fees   

§ 103-50.   Self-haulers.  

 A. Definitions. For the purposes of this Article, the following words and phrases shall have the following meanings:

 SELF-HAULED WASTE

Solid waste transported and delivered by a self-hauler to a solid waste facility or recycling center for deposit or disposal thereat.

SELF-HAULER

A person who holds a valid resident permit or business permit and who removes solid waste from premises owned, leased or otherwise occupied by him or her, which said solid waste was generated by residents of such premises or by such permittee’s own business conducted on such premises, and who transports and delivers said solid waste to a solid waste facility or recycling center for the purpose of depositing or disposing of such solid waste thereat.

 After December 31, 1991, no self-hauled waste, as herein defined, shall be accepted for deposit or disposal at any solid waste facility or recycling center.

 C. Disposal fees. Disposal fees for self-hauled waste accepted at a solid waste facility or recycling center shall be established and/or amended by duly adopted resolution of the Town Board.

D. Payment of disposal fees.

 (1) Payment of self-hauler disposal fees shall be made directly to the Town Clerk, who, upon receipt of the requisite fee, shall issue to the payor a coupon authorizing entry to a solid waste facility or recycling center.

 (2) No disposal fees shall be paid or accepted, nor shall any disposal coupons be issued, at any solid waste facility or recycling center.

 (3) No vehicle shall gain entry to a solid waste facility or recycling center unless the operator thereof presents to the gate attendant or other authorized personnel the appropriate type of disposal coupon.

§ 103-51.  Disposal fees for solid waste collected at residences.  

A. Fees for disposal of solid waste collected at residences and multiple residences by persons licensed to collect solid waste in the Town of Riverhead and delivered for deposit or disposal at a solid waste facility or recycling center shall be established and/or amended by duly adopted resolution of the Town Board, in accordance with the following classifications:

(1) A flat fee per ton for solid waste which consists of materials other than designated recyclables, yard waste, bulk waste and household hazardous waste.

(2) A flat fee per item of bulk waste.

(3) A flat fee per ton for designated recyclables which are not mixed with any other materials.

(4) A flat fee per ton or cubic yard for yard wastes.

(5) A flat fee per ton of household hazardous wastes.

 (6) A flat fee per ton of construction and demolition debris.

 B. Each vehicle operated by a person licensed to collect solid waste from residences and multiple residences in the Town of Riverhead shall, upon entry to the solid waste facility or recycling center, proceed directly to the vehicle scale at such facility, where the contents of such vehicle shall be weighed by the operator of said scale.

C. Payment of all disposal fees shall be made to the Riverhead Town Receiver of Taxes promptly upon receipt of an invoice therefor. There shall accrue interest at the rate of one percent (1%) per month on all balances which have not been paid within thirty (30) days from the date of such invoice.

§ 103-52. Disposal fees for solid waste collected at nonresidences.  

A. Fees for disposal of solid waste collected at nonresidences by persons licensed to collect solid waste in the Town of Riverhead and delivered for deposit or disposal at a solid waste facility or recycling center shall be established and/or amended by duly adopted resolution of the Town Board, in accordance with the following classifications:

(1) A flat fee per ton for solid waste which consists of materials other than designated recyclables, yard waste, bulk waste and household hazardous waste.

(2) A flat fee per item of bulk waste.

(3) A flat fee per ton for designated recyclables which are not mixed with any other materials.

(4) A flat fee per ton or cubic yard for yard wastes.

(5) A flat fee per ton of household hazardous wastes.

(6) A flat fee per ton of construction and demolition debris.

B. Each vehicle operated by a person licensed to collect solid waste from nonresidences in the Town of Riverhead shall, upon entry to the solid waste facility or recycling center, proceed directly to the vehicle scale at such facility, where the contents of such vehicle shall be weighed by the operator of said scale.

C. Payment of all disposal fees shall be made to the Riverhead Town Receiver of Taxes promptly upon receipt of an invoice therefor. There shall accrue interest at the rate of one percent (1%) per month on all balances which have not been paid within thirty (30) days from the date of such invoice.

§ 103-53.  Disposal fees for landscaping materials.  

Disposal fees for landscaping materials, limited to yard wastes, delivered by the holder of a Class 5 license to a solid waste facility or recycling center shall be established and/or amended by duly adopted resolution of the Town Board.

§ 103-54.  Disposal fees for Class 6 licensees.  

A. Effective January 1, 1992, disposal fees due from holders of Class 6 licenses shall be established and/or amended by duly adopted resolution of the Town Board.

B. Effective January 1, 1993, disposal fees due from holders of Class 6 licenses shall be established and/or amended by duly adopted resolution of the Town Board, in accordance with the following classifications:

(1) A flat fee per twenty-gallon container or bag containing solid waste, not to exceed fifty (50) pounds in weight.

(2) A flat fee per thirty-two-gallon container or bag containing solid waste, not to exceed sixty-five (65) pounds in weight.

(3) A flat fee per prepaid sticker, for disposal of one (1) item of bulk waste.

(4) A flat fee per thirty-two-gallon container, or equivalent, containing waste classified as household hazardous waste.

(5) A flat fee per pound of solid waste other than waste defined herein as “bulk waste” which, because of its size or composition, cannot be placed in a container or bag.

(6) A flat fee per twenty-gallon container or bag containing designated recyclables only, not to exceed forty (40) pounds in weight.

(7) A flat fee per thirty-two-gallon container or bag containing designated recyclables only, not to exceed sixty-five (65) pounds in weight.

§ 103-55. Collection fees for solid waste generated at residences.  

A. On and after the effective date of this chapter, and/or until such time as municipal solid waste collection districts may be established in the Town of Riverhead, collection fees for solid waste generated at residences in the Town of Riverhead and collected by persons licensed to collect such waste pursuant to the provisions of this chapter shall be established and/or amended by duly adopted resolution of the Town Board.

B. On and after the effective date of municipal solid waste collection districts in the Town of Riverhead, the collection rates for premises included within such districts shall be established and amended by the Town Board pursuant to the provisions of the local law establishing such districts and shall be, in accordance with the provisions of the same, assessed against all premises included within such districts. 

Each such premises shall be entitled to place out for collection, the cost of which shall be included in such assessment, the following volumes and types of waste per week (unless otherwise specified) per dwelling unit on such premises:

(1) Six (6) thirty-two-gallon containers or bags containing nonrecyclable solid wastes.

(2) Two (2) twenty-gallon containers or bags containing designated recyclables only.

(3) Newspapers, corrugated cardboard and paperboard bundled and tied separately.

(4) Leaves, grass clippings and other yard wastes, not to exceed three (3) cubic yards.

(5) One (1) twenty-gallon sealed container of household hazardous waste per month.

(6) Items of bulk waste to be removed by appointment only.

C. On and after January 1, 1993, or one (1) year after the establishment of municipal solid waste collection districts in the Town of Riverhead, whichever is later, the collection rates for premises included within such districts shall be established and amended by the Town Board pursuant to the provisions of the local law establishing such districts and shall be, in accordance with the provisions of the same, assessed against all premises included within such districts. Each such premises shall be entitled to place out for collection, the cost of which shall be included in such assessment, the following volumes and types of waste per week (unless otherwise specified) per dwelling unit on such premises:

(1) Three (3) thirty-two-gallon containers or bags containing nonrecyclable solid wastes.

(2) Two (2) twenty-gallon containers or bags containing designated recyclables only.

(3) Newspapers, corrugated cardboard and paperboard bundled and tied separately.

(4) Leaves, grass clippings and other yard wastes, not to exceed three (3) cubic yards.

(5) One (1) twenty-gallon sealed container of household hazardous waste per month.

(6) Items of bulk waste, to be removed by appointment only.

 D. On and after January 1, 1993, the occupants of premises within such districts who have wastes to dispose of in excess of the volume limitations provided in Subsection C hereof shall purchase and affix to the containers or bags in which such excess wastes are placed, stickers authorizing the collection of such containers or bags by the provider of solid waste collection services within such districts. No wastes in excess of the volume limitations provided in Subsection  C hereof shall be placed out for collection by occupants of such premises or collected by the provider of solid waste collection services within such districts unless a sticker authorizing the collection of such wastes is affixed to the container or bag in which such wastes are placed. No items of waste of a type or nature not specified in Subsection C hereof shall be placed out for collection or collected within such districts unless such items have affixed thereto a sticker authorizing the collection thereof.

 (1) The waste collection authorization stickers required by this section shall be available for purchase by residents of the town at the office of the Town Clerk and at such other locations as the Town Board may from time to time designate.

 (2) Fees for such waste collection authorization stickers shall be established and/or amended by duly adopted resolution of the Town Board, in accordance with the following schedule:

 (a) A flat fee per twenty-gallon container or bag of nonrecyclable solid waste.

 (b) A flat fee per thirty-two-gallon container or bag of nonrecyclable solid waste.

 (c) A flat fee per one (1) item of bulk waste.

(d) A flat fee per twenty-gallon container of household hazardous waste.

(e) A flat fee per twenty-gallon container or bag of designated recyclables.

§ 103-56.   Collection fees for solid waste generated at nonresidences and multiple residences.  

On and after January 1, 1992, collection fees for solid waste generated at nonresidences in the Town of Riverhead and collected by persons licensed to collect such waste pursuant to this chapter shall be established and/or amended by duly adopted resolution of the Town Board, in accordance with the following schedule:

A.  A flat fee per cubic yard of nonrecyclable solid wastes.

B.  A flat fee per cubic yard of designated recyclables.

C.  A flat fee per ton or portion thereof for hazardous wastes.

§ 103-57.  Penalties for offenses.  

Each violation of the provisions of this Article pertaining to maximum collection rates shall be punishable by a penalty of five hundred dollars ($500.) for the first violation and one thousand dollars ($1,000.) for each subsequent violation and/or the suspension or revocation of any solid waste collection license held by the person, firm or corporation committing such violation.

ARTICLE II.  Solid Waste Generated at Residences located within Town’s Solid Waste District

The Town of Riverhead established a Solid Waste Collection and Disposal District “District”, and at the time of this local law subject to amendment by resolution of the Town Board, consists of six contract bid areas for the collection of all residential solid waste within the District. The District does not provide for the collection of solid waste from commercial operations or institutions as defined in 103-3.    

§103-5.  Containers: duty of owners and occupiers of property.

A.  Every owner or occupier of any residence within the District shall provide or cause to be provided at all times suitable and sufficient containers for garbage and refuse that may accumulate upon said premises.

B.  All garbage and refuse containers shall be watertight, with proper, tight covers and handles of adequate strength or disposable plastic bags, securely tied or fastened. No garbage and refuse container shall exceed 32 gallons’ capacity or weigh more than 50 pounds when filled.

C.  All garbage and refuse containers shall be designed for such purposes, either of metal or plastic material, except that bushel baskets with handles, disposable plastic bags or cartons of heavy cardboard or other durable material, securely tied and fastened, may be used. No container basket, bag or carton shall weigh more than 50 pounds when filled.

D.  Newspapers, magazines and other printed matter need not be placed in a container but must be bundled to prevent littering.

F.  All recyclables other than those set forth in § 103-4 D shall be placed in containers bearing a label provided by the Town of Riverhead “Recyclables”. 

§ 103-6.  Times for placement and collection within the District; storage of containers.

A.  The Town Board of the Town of Riverhead or the Superintendent of the Sanitation Department shall designate times for the removal of garbage and refuse from the streets of the Town.

B.  All garbage and refuse to be collected, except that in portable transfer containers, shall be placed at the curb, but in no event shall refuse for collection be placed at the curb before 6:00 p.m. of the day preceding the scheduled collection.

C.  All containers shall be removed from the curbline or other place of collection by the owner or occupant of premises before 11:00 p.m. in the evening of the day on which collection is made from the premises.

D.  All garbage and refuse containers, except portable transfer containers, shall be stored in such fashion as to be screened from public view and, to the extent applicable, subject to conditions, restrictions or covenants recorded pursuant to site plan approval.

E.  All recycling containers shall be placed at the curb at the dates and times as may be specified from time to time by resolution of the Town Board of the Town of Riverhead.

§103-7.  Collection of seasonal or special items.

A.  All bulk items, white goods (refrigerators, washers, stoves, etc.) and other large items not capable of being enclosed in containers may be placed at the curbline or pavement line for collection on the days specified by the refuse collector(s) servicing the District as per the contract specification and/or direction of the Superintendent of the Sanitation Department. It shall be the sole responsibility of the owner to dismantle or secure the appliance or item of furniture so that it will not be a hazard to the public. 

Doors or broken glass shall be properly secured or removed from the appliance or item of furniture before placing it at the curb for collection. The refuse collector may accept or decline collection of any such material in accordance with his considered judgment of the ability of the refuse collector to handle and dispose of such items. Collection and 

disposal by the refuse collector of such appliances or items of furniture shall extend only to those appliances or items of furniture actually used in a residence in the Town of Riverhead. The refuse collector will also have the right to refuse the collection of any refuse which, in his opinion, is composed of in part or in violation of any of the previously defined unacceptable wastes.

B.  Any contractor creating debris from construction or from tree pruning or removal shall remove and dispose of said debris in a sanitary manner at no such cost to the Town of Riverhead. In the event that any such debris results from work performed personally by an owner or resident within the District, the debris may be placed at the curb for collection and removal by the refuse collector if the quantity of said debris does not exceed six containers and/or bundles of not more than 50 pounds in any week. Quantities of debris in excess of this amount shall be removed by the property owner or resident at his or her own expense.

C.  Yard waste such as trees, tree trimmings, logs, tree branches and trunks shall be cut to a length not exceeding four feet in length and four inches in diameter and securely tied in bundles not more than two feet thick. In no event shall any bundle exceed 50 pounds in weight.. For purposes of collection of solid waste within any Town residential solid waste district, yard waste consisting of grass clippings shall be excluded and will not be collected by the authorized collector. 

D.  Holiday trees may be placed at the curbline or pavement line for collection on such days as specified by the Superintendent of the Sanitation Department during the months of December and January and there shall be no requirement that the trees be cut and bundled as otherwise herein required, except that trees greater than eight feet in length must be cut such that the length of all portions of the tree shall not exceed eight feet in length and no greater than 4 inches in diameter.

§103-8.    Source separation of recyclable materials.

A. Owners and occupiers of all properties within the District shall be required to source-separate recyclable materials from municipal solid waste. Recyclable materials shall not be commingled with other solid waste during collection, transportation or storage following collection.

B.  Recyclable materials shall be placed at the curbline or pavement line at the same time as regular weekly refuse in designated containers as determined by the Town of Riverhead. Recyclables are to be separated but placed next to regular weekly refuse.

C.  Any and all collectors collecting residential MSW generated within the District shall refuse to collect MSW from any person or party who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared the recyclable 

materials to the specifications of the collector. A written explanation shall be provided to the person or party of the reason for the refusal for collection of the materials by the collector and a copy shall be delivered to the Sanitation Superintendent.

D.  The Town of Riverhead shall from time to time determine by resolution which items must be source-separated as recyclables. The list of recyclables shall be posted on the Town sign board and published in a local newspaper. Enforcement of items newly included on said list shall not take place until 30 days following adoption. Any authorized collector shall have the right to request the Town Board to remove any item from such list. Upon receipt of satisfactory information indicating that such item would not be required to be recycled in accordance with federal or state law or regulations and that a market in such item is not readily available, the Town Board may, in its reasonable discretion, delete said item from the list of recyclables.

ARTICLE III.  Solid Waste Generated at Commercial and Institutional Operations within Town of Riverhead

§103-9.  Containers: duty of owners and occupiers of property.

A.  Every owner or occupier of any building, premises or place of business within the Town of Riverhead shall provide or cause to be provided at all times suitable and sufficient containers for garbage and refuse that may accumulate upon said premises.

B.  All garbage and refuse containers shall be watertight, with proper, tight covers and handles of adequate strength or disposable plastic bags, securely tied or fastened.

C.  All garbage and refuse containers, shall be designed for such purposes, either of metal, plastic or other durable material, securely tied, fastened, closed or sealed. Such containers shall be emptied or replaced whenever full and at least once each week if containing garbage. Such containers shall be maintained in a manner so as to prevent dispersal of the contents about the premises.

D. The portable transfer containers used for outdoor storage of refuse on premises occupied for commercial, industrial, or institutional uses are permitted subject to such other provisions of the Town Code and/or conditions, restrictions or covenants related to site plan. Such containers shall be emptied or replaced whenever full and at least once each week if containing garbage. Such containers shall be maintained in a manner so as to prevent dispersal of the contents about the premises.

E.  All private, industrial, institutional or commercial establishments shall provide suitable recycling containers dependent on their specific needs, which containers must prevent dispersal of the contents about the premises and shall be subject to the approval of the Superintendent of the Sanitation Department of the Town of Riverhead. 

§103-10.  Source separation of solid waste, including recyclable materials.

A.  Owners and occupiers of all properties within the Town of Riverhead shall be required to source-separate recyclable materials and such other solid waste as set forth in 103-8(b) from municipal solid waste. It shall be unlawful for any person to 

place out for collection any solid waste mixed with any of the materials listed in 103-8(b) or to comingle solid waste collected, transported or stored following collection.

B.  All owners and occupiers shall separate the following materials for all other solid waste placed out for collection or transport to a solid waste facility:

(1) Hazardous wastes

(2) Recyclables as defined in 103-3 or as may be designated by the Town Board

(3) Yard waste

(4) Construction and demolition debris

(5) Bulk wastes 

(6) Tires

Collectors collecting commercial and/or institutional MSW generated within the Town of Riverhead shall refuse to collect MSW from any person or party who has clearly failed to source-separate the recyclable materials and/or who has not properly prepared the recyclable materials to the specifications of the collector. A written explanation shall be provided to the person or party of the reason for the refusal for collection of the materials by the collector and a copy shall be provided to the Sanitation Superintendent.

C.  The Town of Riverhead shall from time to time determine by resolution which items must be source-separated as recyclables. The list of recyclables shall be posted on the Town sign board and published in a local newspaper. Enforcement of items newly included on said list shall not take place until 30 days following adoption. Any authorized collector shall have the right to request the Town Board to remove any item from such list. Upon receipt of satisfactory information indicating that such item would not be required to be recycled in accordance with federal or state law or regulations and that a market in such item is not readily available, the Town Board may, in its reasonable discretion, delete said item from the list of recyclables.

ARTICLE IV. License Requirement for Collectors of Solid Waste Generated at Commercial and Institutional Operations within Town of Riverhead

§103-11.  Authorized collectors: obtaining a license.

A.  All authorized collectors must obtain a solid waste collection license from the Town of Riverhead. A fee for such license shall be set by the governing body on an annual basis and all licenses shall be issued for the calendar year or such portion thereof. There shall be no reduction in the fee for a license issued after the beginning of any 

calendar year. The Town of Riverhead reserves the right to waive the license fee for collectors collecting on behalf of the Town of Riverhead under a municipal contract. 

B.  All authorized collectors shall have the name of the collector prominently displayed on each vehicle operated by or on behalf of the authorized collector.

C. Authorized collector applications may be denied if the applicant or licensee, including owners, partners, officers or principal shareholder of such applicant has been convicted of a misdemeanor of felony which renders the applicant unfit to hold such a license or if the applicant or licensee has been adjudged or administratively determined to have committed one or more violations of this chapter during the preceding calendar year.

D.  All authorized collectors licensed by the Town of Riverhead shall indemnify and hold harmless the Town of Riverhead for any pending, threatened or actual claims, liability or expenses arising from waste disposal by the authorized collector in violation of this chapter.

E.  Authorized collectors shall offer collection services for all recyclable materials to all residential customers from whom they provide MSW collection services at the same times and on the same days as services are provided to their customers for solid waste collection.

F. Required information:

(1)  Each collector who shall apply for a license under this section shall state the manner of collection and the place and method of disposal of the MSW and recyclable materials (plan for recycling) from its residential, commercial, industrial and institutional customers. 

(2) Each collector shall maintain separate monthly records of solid waste and recyclable materials collected, transported or disposed of by the authorized collector which include the following information:

(a) The location and number of units in which the solid waste or recyclable material was generated.

(b) The quantity, by ton, of solid waste and of each type of recyclable material collected.

(c) The quantity, by ton, of recyclable material delivered to a recycling facility(ies) and the location of the recycling facility(ies).

(d) The quantity, by ton, of solid waste delivered to each facility.

(3) Reports containing the information required as stated above shall be compiled and delivered to the Town Clerk or other designated individual for each reporting period as designated by the regulations, but which shall be no more frequently than quarterly.

(4)  Authorized collectors shall not accept for collection MSW which has not been source-separated in conformity with this chapter.

(5) All vehicles used by authorized collectors for the transportation of solid waste on or through any street or public highway in the Town of Riverhead shall be covered or equipped such that no solid waste shall blow, leak or spill from such vehicle onto any street or public highway.  Every license, vehicle permit decal and roll-off or container permit decal issued hereunder shall be nontransferable.

§ 103-12. Approval, denial, suspension or revocation of license: notice and hearing: noncompliance.

A.  When the designated public official determines that a failure to comply with this chapter may have occurred, she/he shall recommend to the municipality that the authorized collector application or the license be denied, suspended or revoked or its holder subjected to a reprimand or fine or that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the denial, suspension or revocation of a solid waste license or authorized collector permit or the issuance of a sanction, fine or penalty. The designated public official shall be authorized to disregard de minimus amounts of recyclables that inadvertently are mixed with garbage and refuse.

B. Notice.  The designated public official shall notify the affected generator, applicant or licensee of the alleged failure in writing. The notice shall include the following information:

(1) A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.

(2) A short and plain statement of the alleged misconduct.

(3) A statement of the time, place and nature of the hearing.

(4) The notice shall be personally served or sent by certified mail to the generator, applicant or licensee’s last known address at least 10 days before the hearing date, with a copy to the administrator.  

C. Hearing.

(1) Hearings shall be held before the Town Board within a reasonable period, which shall be at least 10 days after service of notice but not more than 30 days after service of notice unless the time is extended by the Town Board of the Town of Riverhead.

(2)  The generator, applicant or licensee may be represented by counsel at the hearing and may offer evidence and cross-examine witnesses.

(3)  Within 20 days after the close of the hearing, the Town Board shall:

(a) Determine whether the alleged failure to comply with this chapter has occurred; and

(b) If such a failure has occurred, decide whether the generator or applicant shall be subject to fine or penalty, the application shall be denied or an existing solid waste license or authorized collector status shall be suspended or revoked or its holder subjected to a reprimand and issued an order carrying out this decision.

D.  Determinations, decisions and orders. Disposition may be made by stipulation, agreed settlements, consent, order, default or other informal method.

(1) The Town Board shall promptly notify the applicant or licensee, in writing, of the final determination, decision or order.

E.  Enforcement

 (1) Inspections and appearance tickets:

(a) All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this chapter by any police officer, peace officer, code officer and any other public official designated by the Town of Riverhead.

(b)  Police officers, peace officers, code officers and the specified public servants are hereby authorized and directed to issue appearance tickets for violations of this chapter.

F.  Penalties.

(1) Penalties for collectors. During any 12 consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who is not authorized by the Town or who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this 

chapter shall be guilty of a violation punishable by a fine of not less than $500 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.

(2) Penalties for waste generators. Failure of a waste generator to comply with the provisions in this chapter designated as violations shall be punishable as follows:

(a) For the first conviction: by a written warning clearly stating the nature of the violation and a schedule of fines for future convictions.

(b) For the second conviction within one year: by a fine of not less than $100 nor more than $250.

(c)  For the third conviction within one year by a fine of not less than $250 nor more than $500.

(d)  For a fourth and each subsequent conviction within one year by a fine of not less than $500 nor more than $1000.

(3) In addition, any such conviction imposing a fine shall also be punishable by a term of imprisonment of not more than 15 days, or by both such fine and imprisonment.

(4) Any penalties or damages recovered or imposed under this law are in addition to any other remedies available at law or equity.

(5) No penalties, fines, civil sanctions or other enforcement actions will be commenced prior to January 1, 2012 in order to permit persons regulated hereunder to come into compliance with this chapter.

ARTICLE V General Provisions Applicable to Solid Waste for all Properties and Uses within the Town of Riverhead

§103-13.   Accumulation of solid waste: responsibility of owner and occupant.

A.  No person shall accumulate or permit the accumulation of municipal solid waste on any premises owned or occupied by him or her within the Town of Riverhead except for the purpose of collection by the refuse collector.

B.  No person shall permit any municipal solid waste to accumulate for a period of longer than seven days upon property owned or occupied by said person in the municipality, except that in the case of recyclables, bulk items or white goods, such goods may be allowed to accumulate for such longer period specified by the Town if collection is provided for but on a longer period between collections.

C.  Owners and occupiers of residential property are hereby required to make accumulated municipal solid waste available for collection as scheduled under the terms hereof.

D.  All municipal solid waste accumulated on any residential property in the municipality shall be collected, conveyed and disposed of by an authorized collector under contract with the Town (or by a licensed private collector under private subscription) and in accordance with the provisions of this chapter.

E.  All municipal solid waste accumulated on commercial and institutional properties shall be collected, conveyed and disposed of by authorized collectors under contract with or licensed by the Town of Riverhead. In such case where a commercial or institutional establishment contracts directly with a collector, the fee or payment shall be a matter of private agreement between the owners or occupiers and the collector. 

F.  The owner, lessee or occupant of every building within the Town of Riverhead shall keep the same free, clear and clean of all refuse, maintain sidewalks and yard area free and clear of all refuse and, upon notice, shall within five days cause to be removed any unsanitary or unsafe condition on or about the premises owned, used or occupied by said person within the Town of Riverhead.

G.  Any compost or mulch pile within the limits of the Town of Riverhead shall be maintained in such fashion so as not to attract rodents or cause the development of obnoxious odors or other hazards to the health of the occupants of neighboring properties.

H.  Toxic, medical, flammable or hazardous waste, the disposal of which is routinely regulated by public authority, shall be disposed of in a manner which is determined by said authority and/or by law. 

I.  It shall be unlawful for any person to collect and dispose of any municipal solid waste within the Town of Riverhead, except as provided in this Chapter.

§ 103-14.  Collection of recyclable materials placed at curbside.

A.  Only authorized collectors who are acting under authority of the Town of Riverhead shall collect, pick up, remove or cause to be collected, picked up or removed any solid waste recyclable materials so placed for collection. Each such unauthorized collection, pickup or removal shall constitute a separate violation of this chapter; provided, however, that where the authorized collector has refused to collect certain recyclable materials because they have not been separated, placed or treated in accord with the provisions of this chapter, the person responsible for initially placing those materials for collection may and shall remove those materials from any curb, sidewalk or streetside.

B.  Nothing herein shall prevent any person from making arrangements for the private collection, sale or donation of recyclable materials prior to placement at the curbside.

§103-15.  Burning.

No person shall ignite, burn or cause to be ignited or burned any refuse or yard waste within the Town of Riverhead unless said burning is in conformity with all rules and 

regulations set forth by the State of New York and a permit is obtained from the Town Board and the New York State Department of Environmental Conservation, as applicable.

§103-16.  Deposit on public or private property.

No refuse shall be carted to, dumped or deposited in any manner upon any private or public property in the Town of Riverhead except under the supervision and direction of the Superintendent of the Sanitation Department of the Town of Riverhead. Nothing in this section shall be construed to prohibit the proper use of receptacles placed upon the 

streets or other public places in the Town of Riverhead for the depositing of refuse; provided that such public receptacles shall not be used for the deposit of accumulated household garbage or the deposit of solid waste in containers or receptacles placed by the owner or occupant of private property in commercial use of the deposit of litter by members of the public invited onto such property for commercial purposes  

§ 103-17.  Applicability.

This article shall apply only to residents, owners or occupants of property located within the Town of Riverhead.

Underline represents addition(s)

Strikethrough represents deletion(s)

Dated:  Riverhead, New York

            May 1, 2012

BY ORDER OF THE TOWN BOARD 

OF THE TOWN OF RIVERHEAD

DIANE M. WILHELM, TOWN CLERK

TA RESOLUTIONS5-1-12 Setting Public Hearing  to Amend Chap.103 Solid Waste Management