HomeMy WebLinkAboutLL 2011 #04RESOLUTION 2011-358
ADOPTED
DOC ID: 6833
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-358 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 10, 2011:
WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 29th day of March, 2011, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to
the Disposal of Solid Waste and Rec¥clables and Implement the Requirement of a Carters
Permit.
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day
of April, 2011 at 4:32 p.m. at which time all interested persons were given an opportunity to be
heard.
RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to
Clarify Regulations Pertaining to the Disposal of Solid Waste and Rec¥clables and
Implement the Requirement of a Carters Permit" which reads as follows:
LOCAL LAW NO. 4 of 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid
Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Rec¥clables
and Implement the Requirement of a Carters Permit".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the Town of
Southold and adherence to the mandates of the Town's Solid Waste Management Plan with
respect to collection and disposal of solid waste and recyclables has been and remains a matter of
serious public concern. The purpose of this local law is to clarify regulations and permitting
requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
{}233-1. Definitions.
REFUSE HAULER/CARTER- Any individual, association, partnership, firm, corporation, not-
for-profit organization, or any other person so deemed by the Town to be engaged in the business
of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Recyclables.
Resolution 2011-358 Board Meeting of May 10, 2011
§233-3. Town Transfer Station.
A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on
any transfer station maintained by a waste district in the Town of Southold any waste of
any kind except under the direction of the attendant in charge, whether such direction is
given personally or by another person by his authority or by a sign or signs erected at the
transfer station by the authority of the Town Board. or-attendam.
Updated: 5/10/2011 8:37 AM by Lynda Rudder Page 2
Resolution 2011-358
Board Meeting of May 10, 2011
The Town ma? refuse to accept an? Nc garbage, refuse, rubbish or other material that
does not have its origin within the Town of Southold .......... v ........ ~: ..... ~ ~r :~
,~.~ T .... + .... C~ ~+~,;^~ at any time
No vehicle shah be permitted to transport refuse into the Town's Transfer Station mn2,'
............................. ., ................... tm ess such vehicle says a valid
permit or the operator pays the applicable single-entry fee, except that vehicles owned
and operated by any of the following entitled shall be permitted to transport refuse into
the Town's Transfer Sta on ~,.j ............................... j .....................
provided that at least one valid permit and/or license has been issued to the particular
entity: the State of New York, the County of Suffolk, the Village of Greenport and fire
districts, school districts and park districts located within the Tom of Southold.
The attendant at the transfer station is authorized to prohibit the disposal of discarded
motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at
the transfer station.
All municipal recyclables must be deposited in the appropriate location of the transfer
station owned by the Town of Southold.
§233-3A. Disposal and Collection of Solid Waste and Recyclables.
A. All solid waste and recyclables generated within the Town of Southold shall be collected
and/or disposed of in the following manner:
(1) Residential self-haulers and commercial self-haulers.
(a) No cans, corrugated cardboard, glass, plastic or newspaper as defined
herein shall be deposited at the Town's Transfer Station unless separated
from any and all solid waste, trash, rubbish and vegetative yard waste.
They are to be deposited only at designated areas within such Town
Updated: 5/10/2011 8:37 AM by Lynda Rudder Page 3
Board Meeting of May 10, 2011
disposal area.
(b) Nonrecyclable waste.
[1] Residential self-haulers. Nonrecyclable waste generated by
residential self-haulers shall be disposed of only in a Town garbage
bag as defined herein and deposited only at designated areas within
the Town's Transfer Station.
[2] Commercial self-haulers. Nonrecyclable waste generated by
commercial self-haulers may be either:
Iai Disposed of in a Town garbage bag and deposited at
designated areas within the Town's Transfer Station; or
[bi Disposed of at the designated areas within the Town's
Transfer Station upon paying the appropriate charge as set
by Town Board resolution for the weight of nonrecyclable
waste deposited.
Private residential refuse haulers/carters.
(a) The owners or occupants of all residences within the Town which utilize
collection services provided by persons licensed to collect refuse pursuant
to the provisions of this article shall place recyclables in separate
containers at curbside for collection on such day or days as the licensee
serving such residence shall designate.
(b) It shall be unlawful for any person to place out for collection any container
in which refuse is mixed with recyclables.
(c) It shall be unlawful for any person to collect refuse from a residence
which is mixed with recyclables or thereafter to commingle different types
of recyclables or to mix recyclables with refuse.
(d) Recyclables collected by private residential refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate landfill personnel.
(e) Nonrecyclable waste.
[1 | The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place
nonrecyclable waste in Town garbage bags for collection on such
day or days as the licensee serving such residents shall designate.
[2] It shall be unlawful for any person to place out for collection any
nonrecyclable waste which is not in a Town garbage bag. It shall
be unlawful for any person to collect nonrecyclable waste from a
residence which is not in a Town garbage bag.
[3] Nonrecyclable waste in Town garbage bags collected by private
residential refuse haulers/carters and transported to the transfer
station shall he deposited only in areas designated by appropriate
landfill personnel.
The above requirements shall not apply to residences located
within the Fishers Island Waste Management District.
Private commercial refuse haulers/carters.
(a) The owners or occupants of all commercial establishments within the
Town which utilize collection services provided by a refuse hauler/carter
shall place recyclables in separate containers at curbside for collection on
Resolution 2011-358
(2)
I4]
(3)
Updated: 5/10/2011 8:37 AM by Lynda Rudder Page 4
Resolution 2011-358
Cb)
Board Meeting of May 10, 2011
such day or days as the licensee serving such business shall designate.
It shall be unlawful for any commercial establishment to place out for
collection any container in which refuse is mixed with recyclables.
It shall be unlawful for any commercial establishment to place out for
collection any container in which one type of recyclable is mixed with any
other type or types of recyclables.
(d) It shall be unlawful for any private commercial refuse hauler/carter to
collect refuse from any commercial establishment which is mixed with
recyclables or thereafter to commingle different types of recyclables or to
mix recyclables with refuse.
(e) Recyclables collected by private commercial refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate personnel.
Commercial Waste Permit Requirements.
1. With the exception of those operating within the Fishers Island Waste
Management District, no refuse hauler or carter or agent thereof shall collect,
transport or dispose of Solid Waste and/or Recyclables generated within the Town
without obtaining a Carter's Permit issued by the Town Clerk.
2. All applications for Carter Permits shall be in writing and shall contain such
information as requested by the Town, but at a minimum, such applications shall
include a list of all vehicles (including vehicle license numbers the applicant
intends to utilize for the collection of Solid Waste and/or Recyclables in the
Town). The list shall also describe the cubic yard capacity for each vehicle. All
Carter Permit information shall be verified by the applicant as required by this
local law and the Town.
Upon receipt of a complete application, the Town Clerk shall refer the application
to the Solid Waste District and the Zoning Inspector for a determination of
whether any violations of the law exist. The Town Clerk shall issue the applicant
a Carter Permit so long as the applicant is deemed by the Solid Waste District and
Zoning Inspector to be in compliance with this local law and all applicable
County and State regulations.
Renewal of Carter Permits shall be in the same manner and subject to the same
conditions as original Carter Permits, and also shall be subject to any additional
requirements in effect at the time of application for renewal as specified by the
Town.
Whenever satisfactory proof, such as by means of an affidavit', is submitted to the
Town Clerk that a Carter Permit issued for the purpose set forth in this local law
has been lost or destroyed, the Town Clerk shall, upon payment of five dollars
($5.00) by the applicant, issue a new Carter Permit. No Carter Permit issued
pursuant to the provisions of this local law shall be transferable.
The Carter Permit holder hereunder shall, upon request, furnish the Town with a
list detailing the number of residences, commercial establishments or other
generators of Solid Waste and/or Recyclables located in the Town and serviced by
the applicant and the intended location that said Solid Waste and/or Recyclables
shall be deposited by the carter. This list shall be prepared at a level of detail
satisfactory to the Sc!~ Wagtc D~g~ict Town Clerk and shall be updated by the
Carter Permit holder at the request of the Town, but not more often than every
three months.
Updated: 5/10/2011 8:37 AM by Lynda Rudder Page 5
Resolution 2011-358 Board Meeting of May 10, 2011
7. The Town, pursuant to §233-8 of this local law, shall have the power to impose a
civil penalty or suspend or revoke a Carter Permit granted or renewed pursuant to
this local law for any violation of any provision of this local law or any applicable
rule, regulations, code or ordinance relating to the collection, handling, hauling or
disposal of Solid Waste and/or Recyclables.
8. All collection, transportation and/or disposal of Solid Waste and/or Recyclables
shall be in strict conformance with the rules and regulations prescribed in this
local law and as such rules and regulations may hereafter be amended or
supplemented by the Town Board.
9. All vehicles used in the collection, transportation and/or disposal of Solid Waste
and/or Recyclables shall be maintained in a sanitary condition and shall be
constructed as to prevent leakage in transit. The body of the vehicle shall be wholly
enclosed or shall at all times be kept covered with an adequate cover. The name of
the Carter shall be readily visible on all vehicles, and on all containers utilized for
the collection of Solid Waste and/or Recyclables generated within the Town.
10. Any Carter Permit issued pursuant to this local law shall be in the nature of a
privilege subject to the terms and conditions set forth in this local law and as
amended or supplemented by the Town, and shall not be deemed to create a
property interest with respect to the Carter Permit in the holder.
11. All Carter Permit requirements specified herein, including, but not limited to,
Carter Permit fees may be amended or adjusted from time to time by resolution of
the Town Board.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans
ABSENT: Scott Russell
Updated: 5/10/2011 8:37 AM by Lynda Rudder Page 6
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATIOIq OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 17, 2011
EM390736616US
Express Mail
Local Law No. 4 & 5 of 2011
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commeme Plaza
99 Washington Avenue
Albany, NY 12231-001
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified' copy of Local Law No. 4 & 5 of 2011 of the Town of
Southold, suitable for filing in your office.
[ would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANYI NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
Cl County
[] City
[] Town of
[] Village
SOUTHOLD
Local Law No. 4 of the year 2011.
A Local Law entitled, A Local Law in relation to Amendments to Chapter 233, Solid Waste, to Clarify
Regulations Pertaining to the Disposal of Solid Waste and Recyclables and Implement the Requirement of a
Carters Permit.
Be it enacted the Town Board of the:
D County
[] City
[] Town of
[] Village
SOUTHOLD
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the Town of Southold and
adherence to the mandates of the Town's Solid Waste Management Plan with respect to collection and disposal
of solid waste and recyclables has been and remains a matter of serious public concern. The purpose of this
local law is to clarify regulations and permitting requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
{}233-1. Definitions.
REFUSE HAULERICARTER- Any individual, association, partnership, firm, corporation, not-for-profit
organization, or any other person so deemed by the Town to be engaged in the business of collection, pickup,
transfer, removal and/or disposal of Solid Waste and/or Recyclables.
§233-3. Town Transfer Station.
A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on any transfer
station maintained by a waste district in the Town of Southold any waste of any kind except under the
direction of the attendant in charge, whether such direction is given personally or by another person by
his authority or by a sign or signs erected at the transfer station by the authority of the Town Board.
B. The Town may refuse to accept any garbage, refuse, rubbish or other material that does not have its
origin within the Town of Southold at any time.
C. No vehicle shall be permitted to transport refuse into the Town's Transfer Station unless such vehicle
displays a valid permit or the operator pays the applicable single-entry fee, except that vehicles owned
and operated by any of the following entitled shall be permitted to transport refuse into the Town's
Transfer Station, provided that at least one valid permit and/or license has been issued to the particular
entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school
districts and park districts located within the Town of Southold.
The attendant at the transfer station is authorized to prohibit the disposal of discarded motor vehicles
and/or discarded fuel tanks having a capacity in excess of 550 gallons at the transfer station.
All municipal recyclables must be deposited in the appropriate location of the transfer station owned by
the Town of Southold.
§233-3A. Disposal and Collection of Solid Waste and Recyclables.
A. All solid waste and recyclables generated within the Town of Southold shall be collected and/or
disposed of in the following manner:
(I) Residential self-haulers and commercial self-haulers.
(a) No cans, corrugated cardboard, glass, plastic or newspaper as defined herein shall be
deposited at the Town's Transfer Station unless separated from any and all solid waste,
trash, rubbish and vegetative yard waste. They are to be deposited only at designated
areas within such Town disposal area.
(b) Nonrecyclable waste.
[1] Residential self-haulers. Nonrecyclable waste generated by residential self-haulers
shall be disposed of only in a Town garbage bag as defined herein and deposited
only at designated areas within the Town's Transfer Station.
[2] Commercial self-haulers. Nonrecyclable waste generated by commercial self-
haulers may be either:
Iai Disposed of in a Town garbage bag and deposited at designated areas
within the Town's Transfer Station; or
lb] Disposed of at the designated areas within the Town's Transfer Station
upon paying the appropriate charge as set by Town Board resolution for
the weight of nonrecyclable waste deposited.
(2) Private residential refuse haulers/carters.
(a) The owners or occupants of all residences within the Town which utilize collection
services provided by persons licensed to collect refuse pursuant to the provisions of this
article shall place recyclables in separate containers at curhside for collection on such day
or days as the licensee serving such residence shall designate.
(b) It shall be unlawful for any person to place out for collection any container in which
refuse is mixed with recyclables.
(c) It shall be unlawful for any person to collect refuse from a residence which is mixed with
recyclables or thereafter to commingle different types of recyclables or to mix recyclables
with refuse.
(d) Recyclables collected by private residential refuse haulers/carters and transported to the
transfer station shall be deposited in areas designated by appropriate landfill personnel.
(e)Nonrecyclable waste.
[1] The owners or occupants of all residences within the Town which utilize
collection services provided by persons licensed to collect refuse pursuant to the
provisions of this article shall place nonrecyclable waste in Town garbage bags
for collection on such day or days as the licensee serving such residents shall
designate.
[2] It shall be unlawful for any person to place out for collection any nonrecyclable
waste which is not in a Town garbage bag. It shall be unlawful for any person to
collect nourecyclable waste from a residence which is not in a Town garbage bag.
[3] Nonrecyclable waste in Town garbage bags collected by private residential refuse
haulers/carters and transported to the transfer station shall be deposited only in
areas designated by appropriate landfill personnel.
2
[4] The above requirements shall not apply to residences located within the Fishers
Island Waste Management District.
(3) Private commercial refuse haulers/carters.
(a) The owners or occupants of all commercial establishments within the Town which utilize
collection services provided by a refuse hauler/carter shall place recyclables in separate
containers at curbside for collection on such day or days as the licensee serving such
business shall designate.
(b) It shall be unlawful for any commercial establishment to place out for collection any
container in which refuse is mixed with recyclables.
(c) It shall be unlawful for any commercial establishment to place out for collection any
container in which one type of recyclable is mixed with any other type or types of
recyclables.
(d) It shall be unlawful for any private commercial refuse hanler/carter to collect refuse from
any commercial establishment which is mixed with recyclables or thereafter to
commingle different types of recyclables or to mix recyclables with refuse.
(e) Recyclables collected by private commercial refuse haulers/carters and transported to the
transfer station shall be deposited in areas designated by appropriate personnel. ·
Commercial Waste Permit Requirements.
1. With the exception of those operating within the Fishers Island Waste Management District, no
refuse hauler or carter or agent thereof shall collect, transport or dispose of Solid Waste and/or
Recyclables generated within the Town without obtaining a Carter's Permit issued by the Town
Clerk.
2. All applications for Carter Permits shall be in writing and shall contain such information as
requested by the Town, but at a minimum, such applications shall include a list of all vehicles
(including vehicle license numbers the applicant intends to utilize for the collection of Solid
Waste and/or Recyclables in the Town). The list shall also describe the cubic yard capacity for
each vehicle. All Carter Permit information shall be verified by the applicant as required by this
local law and the Town.
3. Upon receipt of a complete application, the Town Clerk shall refer the application to the Solid
Waste District and the Zoning Inspector for a determination of whether any violations of the law
exist. The Town Clerk shall issue the applicant a Carter Permit so long as the applicant is
deemed by the Solid Waste District and Zoning Inspector to be in compliance with this local law
and all applicable County and State regulations.
4. Renewal of Carter Permits shall be in the same manner and subject to the same conditions as
original Carter Permits, and also shall be subject to any additional requirements in effect at the
time of application for renewal as specified by the Town.
5. Whenever satisfactory proof, such as by means of an affidavit, is submitted to the Town Clerk
that a Carter Permit issued for the purpose set forth in this local law has been lost or destroyed,
the Town Clerk shall, upon payment of five dollars ($5.00) by the applicant, issue a new Carter
Permit. No Carter Permit issued pursuant to the provisions of this local law shall be transferable.
The Carter Permit holder hereunder shall, upon request, furnish the Town with a list detailing the
number of residences, commercial establishments or other generators of Solid Waste and/or
Recyclables located in the Town and serviced by the applicant and the intended location that said
Solid Waste and/or Recyclables shall be deposited by the carter. This list shall be prepared at a
level of detail satisfactory to the Town Clerk and shall be updated by the Carter Permit holder at
the request of the Town, but not more often than every three months.
The Town, pursuant to {}233-8 of this local law, shall have the power to impose a civil penalty or
suspend or revoke a Carter Permit granted or renewed pursuant to this local law for any violation
of any provision of this local law or any applicable rule, regulations, code or ordinance relating
to the collection, handling, hauling or disposal of Solid Waste and/or Recyclables.
All collection, transportation and/or disposal of Solid Waste and/or Recyclables shall be in strict
3
10.
11.
conformance with the rules and regulations prescribed in this local law and as such rules and
regulations may hereafter be amended or supplemented by the Town Board.
All vehicles used in the collection, transportation and/or disposal of Solid Waste and/or
Recyclables shall be maintained in a sanitary condition and shall be constructed as to prevent
leakage in transit. The body of the vehicle shall be wholly enclosed or shall at all times be kept
covered with an adequate cover. The name of the Carter shall be readily visible on all vehicles,
and on all containers utilized for the collection of Solid Waste and/or Recyclables generated
within the Town.
Any Carter Permit issued pursuant to this local law shall be in the nature of a privilege subject to
the terms and conditions set forth in this local law and as amended or supplemented by the
Town, and shall not be deemed to create a property interest with respect to the Carter Permit in
the holder.
All Carter Permit requirements specified herein, including, but not limited to, Carter Permit fees
may be amended or adjusted from time to time by resolution of the Town Board.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 11 .. of the
(~e~m~git~Town) (V'?2:.~,:) of SOUTHOLD was duly passed by the
TOWN BOARD on May 10 ,20 11 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __~ and was (approved)(not approvedXre-passed after
disapproval) by the and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approvedXnot approved)~repassed after
disapproval) by the on 20 __. Such local law was submitted
to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approvedXnot approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer ora county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
5
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 __.,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
SeaO
Clerk ofl~}County legislative body. City. Town or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: May 16~ 2011
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law co~f~i~rrect text and that all proper proceedings
have been had or taken for the enactment of the local law an~to. ¢
Martin D. Finnegan, Town Attorney
Jennifer Andaloro~ Esq. Assistant Town Attorney
Title
Town of SOUTHOLD
Date:
May 16~ 2011
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
April 26, 2011
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Lynne Krauza, Secretary to the Town Attorney
Applicant: Town of Southold
Zoning Action: Amendment Sections 233-1, 3, 3A "Disposal of Solid
Waste and Recyclables and Implement the
Dear Ms. Krauza:
Public Hearing Date.:
S.C.P.D. File No.:
Requirement of a Carters Permit"
April 26, 2011
SD- 11-LD
Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County
Administrative Code, the above referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for Local Determination as there is no
apparent significant county wide or inter-community impact. A decision of Local Determination
should not be construed as either an approval or disapproval.
VeryJ,~;uly yours,
(,,~"~d~ew P. F~:el/n~ Chief Planner
APF:ds
cc: Elizabeth Neville, Clerk
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P. O, BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
SOUTHOLD TOWN BOARD
PUBLIC HEARING
April 26, 2011
4:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Vincent Orlando
Councilman Christopher Talbot
Town Clerk Elizabeth Neville
Town Attorney Mastin Finnegan
This hearing was opened at 4:57 PM
COUNCILMAN TALBOT: WItEREAS, there has been presented to the Town Board
of the Town of Southold, Suffolk County, New York, on the 29th day of March, 2011, a
Local Law entitled "A Local Law in relation to Amendments to Chapter 233, Solid
Waste, to Clarify Regulations Pertaining to the Disposal of Solid Waste and
Ree,yelables and Implement the Requirement of a Carters Permit.
RESOLVED that the Town Board of the Town of Southold will hold a public heating on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the 26th day of April, 2011 at 4:32 p.m. at which time all interested persons
will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 233, Solid Waste, to Clarify Regulations Pertaining to the Disposal of Solid
Waste and Recyelables and Implement the Requirement of a Carters Permit" reads
as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233, Solid
Waste, to Clarify Regulations Pertaining to the Disposal of Solid Waste and
Recyclables and Implement the Requirement of a Carters Permit".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the
Town of Southold and adherence to the mandates of the Town's Solid Waste
Amendments to Chapter 233, Carter Permits
April 26, 2011
2
Management Plan with respect to collection and disposal of solid waste and recyclables
has been and remains a matter of serious public concern. The purpose of this local law is
to clarify regulations and permitting requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
§233-1. Definitions.
REFUSE HAULER/CARTER - Any individual, association, partnership, firm,
corporation, not-for-profit organization, or any other person so deemed by the Town to be
engaged in the business of collection, pickup, transfer, removal and/or disposal of Solid
Waste and/or Recyclables.
{}233-3. Town Transfer Station.
A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in
or on any transfer station maintained by a waste district in the Town of Southold
any waste of any kind except under the direction of the attendant in charge,
whether such direction is given personally or by another person by his authority
or by a sign or signs erected at the transfer station by the authority of the Town
Board. or-attamdam.
Amendments to Chapter 233, Carter Permits
April 26, 2011
3
a
':.';.th
........... v ............, ....................~,~,. ago
....................... v ........... v ................articl0
~e Town ma~ re~se to acc~t ~y ~ g~bage, re~se, rubbish or other mat~
· at does not have its ofi~n wi~in ~e Tom of Southold ~' ~ ~:*~ or
~-~v ................................. at ~y time.
Amendments to Chapter 233, Carter Permits
April 26, 2011
4
Eo
No vehicle shall be permitted to transport refuse into any transfer station
maintained by the Town of Southold unless such vehicle displays a valid permit
or the operator pays the applicable single-entry fee, except that vehicles owned
and operated by any of the following entitled shall be permitted to transport refuse
into any transfer station maintained by the Town of Southold, provided that at
least one valid permit and/or license has been issued to the particular entity: the
State of New York, the County of Suffolk, the Village of Gmenport and fire
districts, school districts and park districts located within the Town of Southold.
The attendant at the transfer station is authorized to prohibit the disposal of
discarded motor vehicles and/or discarded fuel tanks having a capacity in excess
of 550 gallons at the transfer station.
All municipal reeyclables must be deposited in the appropriate location of the
transfer station owned by the Town of Southold.
~233-3A. Disposal and Collection of Solid Waste and Recyclables.
A. All solid waste and recyclables generated within the Town of Southold shall be
collected and/or disposed of in the following manner:
(2)
Residential self-haulers and commercial self-haulers.
(a) No cans, corrugated cardboard, glass, plastic or newspaper as
defined herein shall be deposited at any Town of Southold Transfer
Station unless separated from any and all solid waste, trash,
rubbish and vegetative yard waste. They are to be deposited only at
designated areas within such Town disposal area.
(b) Nonreeyclable waste.
[1] Residential self-haulers. Nonrecyclable waste generated by
residential self-haulers shall be disposed of only in a Town
garbage bag as defined herein and deposited only at
designated areas within the transfer station.
[2] Commercial self-haulers. Nonreeyclable waste generated
by commercial self-haulers may be either:
Iai Disposed of in a Town garbage bag and deposited at
designated areas within the transfer station; or
[bi Disposed of at the designated areas within the
transfer station upon paying the appropriate charge
as set by Town Board resolution for the weight of
nonrecyclable waste deposited.
Private residential refuse haulers/craters.
(a) The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place
recyclables in separate containers at curbside for collection on such
(b)
day or days as the licensee serving such residence shall designate.
It shall be unlawful for any person to place out for collection any
container in which refuse is mixed with recyclables.
It shall be unlawful for any person to collect refuse from a
Amendments to Chapter 233, Carter Permits
April 26, 2011
5
(d)
residence which is mixed with rec¥clables or thereafter to
commingle different types ofrecyclables or to mix rec¥clables
with refuse.
Recyclables collected by private residential refuse haulers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate landfill personnel.
Nonrecyclable waste.
[ 1 ] The owners or occupants of all residences within the Town
(3)
which utilize collection services provided by persons
licensed to collect refuse pursuant to the provisions of this
article shall place nonrecyclable waste in Town garbage
bags for collection on such day or days as the licensee
serving such residents shall designate.
[2] It shall be unlawful for any person to place out for
collection any nourecyclable waste which is not in a Town
garbage bag. It shall be unlawful for any person to collect
nonrecyclable waste from a residence which is not in a
Town garbage bag.
[3] Nonrecyclable waste in Town garbage bags collected by
private residential refuse haulers/carters and transported to
the transfer station shall be deposited only in areas
designated by appropriate landfill personnel.
Private commercial refuse haulers/carters.
(a) The owners or occupants of all commercial establishments within
the Town which utilize collection serdces provided by persons
licensed to collect refuse pursuant to the provisions of this article
shall place recyclables in separate containers at curbside for
collection on such day or days as the licensee serving such
business shall designate.
It shall be unlawful for any commercial establishment to place out
for collection any container in which refuse is mixed with
recyclables.
(c) It shall be unlawful for any commercial establishment to place out
for collection any container in which one type of recyclable is
mixed with any other type or types of recyclables.
(d) It shall be unlawful for any private commercial refuse hauler/carter
to collect refuse from any commercial establishment which is
mixed with recyclables or thereafter to commingle different types
of recyclables or to mix recyclables with refuse.
(e) Recyclables collected by private commercial refuse haulers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate personnel.
Commercial Waste P~xmit Requirements.
(a) No hauler or carter or agent thereof shall collect, transport or dispose of
Solid Waste and/or Recyclables generated within the Town without
obtaining a Carter's Permit issued by the Town Clerk.
Amendments to Chapter 233, Carter Permits
April 26, 2011
6
Co)
(c)
(d)
(e)
(h)
(i)
All applications for Caner Permits shall be in writing and shall contain
such information as requested by the Town, but at a minimum, such
applications shall include a list of all vehicles (including vehicle license
numbers the applicant intends to utilize for the collection of Solid Waste
and/or Recyelables in the Town). The list shall also describe the cubic
yard capacity for each vehicle. All Caner Permit information shall be
verified by the applicant as required by this local law and the Town.
Upon receipt of a complete application, the Town Clerk shall refer the
application to the Solid Waste District and the Zoning Inspector for a
determination of whether any violations of the law exist. The Town Clerk
shall issue the applicant a Carter Permit so long as the applicant is deemed
by the Solid Waste District and Zoning Inspector to be in compliance with
this local law and all applicable County and State regulations.
Renewal of Carter Permits shall be in the same manner and subject to the
same conditions as original Caner Permits, and also shall be subject to any
additional requirements in effect at the time of application for renewal a~
specified by the Town.
Whenever satisfactory proof, such as by means of an affidavit, is
submitted to the Town Clerk that a Caner Permit issued for the purpose
set forth in this local law has been lost or destroyed, the Town Clerk shall~
upon payment of five dollars ($5.00) by the applicant, issue a new Carter
Permit. No Caner Permit issued pursuant to the provisions of this local
law shall be transferable.
The Carter Permit holder hereunder shall, upon request, furnish the Town
with a list detailing the number of residences, commercial establishments
or other generators of Solid Waste and/or Recyclables located in the Town
and serviced by the applicant and the intended location that said Solid
Waste and/or Recyclables shall be deposited by the carter. This list shall
be prepared at a level of detail satisfactory to the Solid Waste District and
shall be updated by the Caner Permit holder at the request of the Town,
but not more often than every three months.
The Town, pursuant to §233-8 of this local law, shall have the power to
impose a civil penalty or suspend or revoke a Caner Permit granted or
renewed pursuant to this local law for any violation of any provision of
this local law or any applicable rule, regulations, code or ordinance
relating to the collection, handling, hauling or disposal of Solid Waste
and/or Recyclables.
All collection, transportation and/or disposal of Solid Waste and/or
Recyelables shall be in strict conformance with the rules and regulations
prescribed in this local law and as such roles and regulations may hereafter
be amended or supplemented by the Town Board.
All vehicles used in the collection, transportation and/or disposal of Solid
Waste and/or Recyclables shall be maintained in a sanitary condition and
shall be constructed as to prevent leakage in transit. The body of the
vehicle shall be wholly enclosed or shall at all times be kept covered with
an adequate cover. The name of the Caner shall be readily visible on all
Amendments to Chapter 233, Carter Permits
April 26, 2011
7
(k)
vehicles, and on all containers utilized for the collection of Solid Waste
and/or Recyclables generated within the Town.
Any Carter Permit issued pursuant to this local law shall be in the nature
of a privilege subject to the terms and conditions set forth in this local law
and as amended or supplemented by the Town, and shall not be deemed to
create a property interest with respect to the Carter Permit in the holder.
All Carter Permit requirements specified herein, including, but not limited
to, Carter Permit fees may be amended or adiusted from time to time by
resolution of the Town Board.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
We have a letter from Martin Sidor, chairman of the Planning Board in Southold Town,
"Thank you for the opportunity to provide comments on the proposed amendment to the
Town Code referenced above. The Planning Board has reviewed the proposed changes to
Chapter 233, Solid Waste and finds that they are consistent with the town's goals of
reducing the waste stream by requiring recycling." We have a notice that it was posted
on the Town Clerk's bulletin board on April 11,2011 and that is it.
RON FISHER: Hi, my name is Ron Fisher and I just want to address some of the things
in the law. You said that one of the purposes was to clarify refuse that is taken out of the
town and I don't think anywhere in the law does it explain the difference or does it
mention even that that is a viable option for Southold residents. One of the concerns was
is in section 233 3 A section A line 2 item E were it refers specifically to the non-
recyclable waste, this is on page 2 if you want to follow along. It says 'the owners or
occupants of all residences within the Town which utilize collection services provided by
persons licensed to collect refuse pursuant to the provisions of this article, shall place
non-recyclable waste in town garbage for collection on such day or days as the licensee
serving such residences shall designate' At the Board meeting that you had where there
was public concern and Mr. Russell in several emalls to a lot of people that are concerned
about this, you had said that the town was not going to be enforcing that law. However,
it is still in here. The law was rewritten and it is still mandating the town residents to,
regardless of where their refuse goes, to put them in yellow bags.
SUPERVISOR RUSSELL: Right, what this particular change to the law tries to do is
fundamentally two things. Create a carting permit and also to clarify the confusion in the
Amendments to Chapter 233, Carter Permits
April 26, 2011
past that people that felt that if they weren't using the town facility, they didn't have to
honor the code of Southold Town with reference to recycling, curbside separation. We
are trying to underscore that with changes to the code. With regard to the larger issue of
yellow bags, we are actually in discussion with the DEC, we have taken the issue up
under advisement. We are also trying to come up with a process that may or may not be
able to do away with yellow bags altogether from the larger perspective, not just the use
of customers. But I need to remind you that no one, in the history of Southold Town, has
been violated for not using the yellow bag.
MR. FISHER: I have never gotten a speeding ticket and I have gone over 55, it is still a
law and anybody can enforce it at any time, including the Board. The fear is that ....
SUPERVISOR RUSSELL: By who?
MR. FISHER: If you initiate this carter permit, then you can selectively enforce the
yellow bag role. We all know that there is only one carter locally who is not requiring
yellow bags, so there is only one carter in violation of this law. If you are going to the
trouble of rewriting the code, it would be appreciated by the community, by GoGreen, by
GoGreen's customers, to include some kind of delineation for yellow bags.
SUPERVISOR RUSSELL: And that is something we are taking up now. In the
meantime, we needed to clarify the issues with reference to recycling. The whole issue,
fi.om the beginning, has been about the failure of GoGreen to require curbside separation.
MR. FISHER: I am not sure if you are aware but that has been resolved. They are
requiring curbside separation...
SUPERVISOR RUSSELL: Yes, but what I am telling, what I am suggesting is that was
the issue from the beginning. I know some people tried to obfuscate that issue by
focusing on the yellow bag discussion, that has never been under the aegis of discussion
of this Town Board. There are larger issues, people would like to see us do away with
yellow bags altogether and those are issues that we have been exploring with discussions.
With regard to doing away with yellow bags as it is specified in the solid waste
management plan, those are issues we are discussing with the DEC and that is something
we are taking up as a Board and maybe the DEC, down the road, we can ask for the relief
from that part of the, that solid waste management plan so that people like yourselves
don't have to require that of your customers. But as a practical reality, it is not being,
you know, no one has ever tried to require your customers use yellow bags.
MR. FISHER: No one also has ever implemented a carter permit. There is not landscaper
permits, there is not plumbing ....
SUPERVISOR RUSSELL: No one in Southold or other towns? I know you have carting
permits, we have looked at the carting permits of the other Towns, all of them have
carting permits for the most part.
Amendments to Chapter 233, Carter Permits
April 26, 2011
9
MR. FISHER: Not for residential collection, to my knowledge. It is more commercial
waste, dumpsters, those require town permits. As far private residential, people have
their landscapers picking up their trash, I have neighbors that offer to pick up trash. It is
not an issue for residential use, which is what this crater permit, I believe, is targeting
residential.
SUPERVISOR RUSSELL: I think if you check with the other towns you will see many
of the other towns have carter permit requirements for residential pickup as well as for
commercial.
MR. FISHER: Okay, I disagree but we will move past that. How do you go ~out
redefining the law as far as forcing the residents of Southold to use the yellow bags?
Because that is my concern, just in this new law where it specifically says non-recyclable
waste. If you live in Southold Town, you have to use the yellow bag. I appreciate you
saying that and you have made it clear that your intention is not to enforce that law
however, you are not going to be here forever and if you are mending the law as it is
why not amend it once correctly to allow for the situation that you have made it clear that
it is not your intent.
SUPERVISOR RUSSELL: I will let the attorney speak for that.
TOWN ATTORNEY FINNEGAN: I just want to clarify one thing, this is not, the
language that you are referring to is not new language. All that happened in this
amendment was there was a relocation of the existing provisions in the code because
there was ambiguity because it previously appeared under town transfer station and with
respect to the source separation of recyclables, there was some confusion that that
requirement only applied if those recyclables were brought into the town transfer station.
So as the Supervisor already indicated, the issue of town bag usage has not been
addressed in this amendment. This simply has relocated and clarified the, that ambiguity.
That it doesn't apply to, that requirement applies across the board, regardless of the
depository of the recyclables.
MR. FISHER: It is still ambiguous though, wouldn't you agree? It doesn't mention,
there is no where in this language does it say refuse transported out of Southold Town is
subjected to special treatment.
TOWN ATTORNEY FINNEGAN: We are mandated by the state that all recyclables
have to be separated ....
MR. FISHER: I agree with you 100 percent. That is why GoGreen is doing that. Our
issues, the only issue I am speaking on so far is what to do, in this law where it says about
the non-recyclable waste...
SUPERVISOR RUSSELL: Sure.
Amendments to Chapter 233, Carter Permits 10
April 26, 2011
MR. FISHER: I am not challenging the curbside separation, that is state law, you guys
can't, you can't argue state law here.
SUPERVISOR RUSSELL: I think you are raising some valid issue. My particular issue
with yellow bags, I have been absolutely candid about that, that I don't think people or
companies that want to use out of town transfer facilities should be required to use yellow
bags. That is something we are taking up.
MR. FISHER: Right. You have made it clear on numerous occasions...
SUPERVISOR RUSSELL: I think this is a work in progress, we have a lot of work
ahead of us including looking at, hopefully, something that might put an end to the whole
discussion of solid waste as we know it with the gasification plan that we are taking up
with a company but those are things that we, this is an ongoing process.
MR. FISHER: Okay. That is good on that one then. Next item F on the next page, this
is letter B and then letter F, when you describe what the carter permit, the purpose of it is,
it says 'the carter permit holder hereunder shall upon request furnish the town with a list
detailing the number of residences, commercial establishments or other generators of
solid waste and or recyclables located in the town and service by the applicant and the
intended location that said solid waste and or recyclahles shall be deposited by the carter.
This list shall be prepared at a level of detail satisfactory to the solid waste district and
shall be updated by the carter permit holder at the request of the town but not more than
every three months.' Who specifically would request that?
SUPERVISOR RUSSELL: We actually, that specific piece of language was changed.
Some issues were raised with regard to the solid waste coordinator of the solid waste
district, we understand, we don't want people to think that we are somehow utilizing the
solid waste district to create this little empire that excludes competition, actually it is
going to be the Town Clerk that is going to, the, the person that is going to be in charge
of those compliance issues.
MR. FISHER: Under what circumstances would you be interested in a list of the number
of residences?
SUPERVISOR RUSSELL: That would be to, at the very least, determine the level of
municipal solid waste versus recycling and again, that would apply to all carters.
MR. FISHER: I appreciate you saying that. The issue is that a majority of, you know I
work for GoGreen in case you didn't know, but some of our carters continue to want to
transport that to the solid waste transfer facility on their own. There is no way to make
out a proportion for that.
SUPERVISOR RUSSELL: It is. Actually, that is a heavily, transfer stations private or
public are heavily regulated by the State of New York and all of those reporting
requirements are very easily obtainable from the very transfer station you are going to.
Amendments to Chapter 233, Carter Permits 11
April 26, 2011
MR. FISHER: Not by our customer. I went to the transfer station today and nobody
asked me who my private hauler was. They had no idea (inaudible)
SUPERVISOR RUSSELL: But as a carter you would be able to ascertain the amount of
refuse you are bringing to that facility quite easily. They keep track of the tonnages of
the municipal solid waste, of the recycling and the components of the recycling, all that is
very easily obtainable information.
MR. FISHER: I would disagree. Having been there today, we had a trailer with paper,
cardboard, separated; plastics, glass. We got one weight for the entire load. There is no
way to do a ratio based on how much garbage we collected in relation to these
recyclables. My fear with this, having us have to do this every three months is that it
really offers our information that should be private, to anybody that is willing, that is able
to look at it. I would imagine that if it is submitted to the Town Clerk it can become
public knowledge.
SUPERVISOR RUSSELL: Yes.
MR. FISHER: And that is what we want to protect, we are a private corporation, we are
a small business. We don't want this to become public knowledge.
SUPERVISOR RUSSELL: How much tonnage you are handling in recyclables?
MR. FISHER: No, the number of residences, commercial establishments or other
generations of the sources of the solid waste. I don't understand why the Town Clerk or
the Town Board would be interested in that, if not to target specific carters and where
they are collecting it.
SUPERVISOR RUSSELL: I would suggest that it is an essential component in ensuring
that all carters are complying with the separation from....I don't, I am, I will defer to
other Board members.
COUNCILMAN TALBOT: That started out with specific names and addresses of
your...
MR. FISHER: It is getting better, I agree with you. It was really, really bad and now it is
less bad.
COUNCILMAN TALBOT: I was, I didn't think that was good either. You could have a
local fuel oil guy start complaining when another fuel oil guy came into town and we
could make a fuel oil carting permit as well and you would have to give list of who his
new customers were, no ....
MR. FISHER: Okay, I appreciate that.
Amendments to Chapter 233, Carter Permits
April 26, 2011
12
COUNCILMAN TALBOT: I was against that as well but I think they have addressed
that by just saying the number. Whether it is 50 residences and 50 commercial, then we
can, our solid waste coordinator can dictate exactly how many pounds has come into his
facility in a given month. We know if it comes from you or if it comes from North Fork
or Mattituck or anybody else and then we are stating guidelines of what New York State
regulations are.
MR. FISHER: But that is not, that is great if we always use the Southold transfer station
for our recyclables. Some facilities out west pay to purchase it.
COUNCILMAN TALBOT: But that would be...
SUPERVISOR RUSSELL: Again, it is ....
COUNCILMAN TALBOT: It would still be covering us, if it is how much refuse comes
out of Southold Town.
MR. FISHER: Are you going to ask to see those records?
SUPERVISOR RUSSELL: We are going to ask the companies to supply us with the
volumes that they are dealing with. And again, it is a heavily regulated industry, there is
no secret to the numbers a carter handles.
MR. FISHER: Right, but not usually by the Town Board. I understand like the DEC, it
is heavily regulated with them and I understand you would want to regulate your own
transfer station, if we are complying with the New York State law which was the concern
two months ago about the curbside recycling, that issue is offyour plate. I hope that each
of you is confident that GoGreen is mandating curbside separation. The issue that we are
having now is with this carter permit is having to mm over a customer list and I
appreciate you, Mr. Talbot, addressing the personal information aspect in removing those
requirements but the law, it is still, who is going to validate that information? Are you
going to leave it up to the Town Clerk?
SUPERVISOR RUSSELL: Jim?
JIM BUNCHUK, SOLID WASTE COORDINATOR: I might be able to add something
there. First of all, the issue of confidentiality of information, this is something that every
town deals with, just about every town on Long Island has a residential carter licensing
requirement but not all information that is brought to the town is available publicly. It is a
confidentiality issue and that information is protected. It is merely forwarded to the state
basically in gross numbers. I don't think the town would ever be interested in an actual
customer list, they may be interested ....
MR. FISHER: They were originally, in the original...
SUPERVISOR RUSSELL: Right.
Amendments to Chapter 233, Carter Permits 13
April 26, 2011
MR. FISHER: The first draft.
SUPERVISOR RUSSELL: What we are interested now, I am sorry Jim, what we are
interested now in is if we have the ability to regulate the carting industry so that we make
sure, we ensure that we know what the tonnages are in terms of municipal solid waste
and in terms of recycling. There has to be an enforcement component to a carting law
and that is exactly how we will do that.
MR. FISHER: So in other words, this hasn't been enforced until GoGreen put the ad in
the paper eliminating curbside separation? How was it enforced from 1993 when the law
was enacted until you passed this one?
SUPERVISOR RUSSELL: Well, we didn't have a carting law and that is one of the
failings, the recent issues that we, that is one of the failings, yes, we were made aware of.
MR. FISHER: You were made aware of.
SUPERVISOR RUSSELL: And to be candid, it is not just about GoGreen. People
raised some very valid issues with regard to this proliferation of dumpsters in residential
communities. Now, of course, we have talked to the local carters, they said we offer
separation, we will pick up on Friday, the recyclables, even if you have a dumpster.
Alright? We have confirmed with various dumpster operators that that is tree, that they
will come out Friday but you know what? We need to be able to have the ability to
enforce the rules across the board. This is going to allow us to require that information of
them just as much it would require it if we required it from you. That is, we are going to
take the recycling component seriously now and the carting law is to make sure that it is
understood by all carters, that they have an obligation for curbside separation.
MR. FISHER: Okay. I appreciate that the law and the word of the law supports that key.
It is still unfortunate to me about the non-recyclable waste in the yellow bags. To take all
this trouble to begin a carter permit process and not to clarify the miscommunication in
that wording seems like a waste of time to not fix the law ....
SUPERVISOR RUSSELL: Well, it is not a waste of time from our point of view
because it is the recycling component that has been at the core of this discussion fi.om the
beginning. It is the most important part of this law which is why I would suggest that this
notion that we didn't address the yellow bag issue yet makes this a waste of time, I think
you have missed the point of the whole discussion over the past several months, so what
we are trying to do is address that point. Now with the other issues, the residual issues,
yellow bag. We are trying to address those are we move forward, we really are. We just
needed to get the recycling component enforceable and clear for everybody.
MR. FISHER: Okay. The last item I have an issue with in the proposed law for the
permit, letter I, all vehicles used in the collection, transportation and or disposal of solid
waste and or recyclables shall be maintained in a sanitary condition and shall be
constructed as to prevent leaks in transit. The body of the vehicle shall be wholly
Amendments to Chapter 233, Carter Permits
April 26, 2011
14
enclosed or shall at all times be kept covered with an adequate cover. The name of the
carter shall be readily visible on all vehicles and on all containers utilized for the
collection of solid waste and or recyclables generated within the town, if we are sending a
second truck to collect the recyclables, what is the purpose of having to have the carter
name on the side of the track? That was the only other issue that we had because we
were going to, the idea is to use a rack truck with a trailer to pick up the recyclables. It
goes ahead of the garbage truck and then everything is separated, it is a separate track, it
is not mixed with the solid waste ....
COUNCILMAN TALBOT: Good advertising for you.
MR. FISHER: We appreciate but that is not the sole purpose of that truck.
COUNCILMAN RULAND: The motor carrier safety regulations would require it.
MR. FISHER: Placard, magnetic placard would be fine?
COUNCILMAN RULAND: All except for the City of New York.
MR. FISHER: We are not there. Okay, how would we go about amending, lastly, the
first issue that I brought up, the yellow bags?
SUPERVISOR RUSSELL: That is an issue that the Board will be taking up. You know,
again, it wasn't the essence of our concerns, we have larger issues with the discussions on
yellow bags which I mentioned earlier, we are discussing the issue of gasification plants
down there, we are looking at options, we are looking at solid waste from a longer term
solution as we move forward. I don't think we are going to get stuck on that one small
issue.
MR. FISHER: Well, you can. That is our perspective, is you can get stuck on that small
issue, once the recycling, the curbside, we are abiding by that satisfactorily, there is
nothing to stop you at this point from requiring us or ticketing us or citing us for not
using the yellow bags. I agree that it is a law that you haven't enforced before but
nothing is stopping you with this carter permit for us to lose our pumfit from not
following that letter of the law.
SUPERVISOR RUSSELL: I would also point out that it would be the same requirement,
we could also at that same time require, again, local carters who issue dumpsters in yards,
require the same thing. So that, you know, that is a discussion we will have if we get
there but the thing is, it doesn't just require you to use yellow bags, it would require them
as well. If the Town ....
MR. FISHER: Inaudible, being at the transfer station, so they are avoiding the dumpster
fees, the dump fees, so there is incentive for them to continue to use the yellow bags, the
other carters.
Amendments to Chapter 233, Carter Permits
April 26, 2011
15
SUPERVISOR RUSSELL: No, no, I am talking about with the other glaring issue of
enforcement which was the dumpsters. In other words, if the town feels that we can't get
recycling enforced to the satisfaction that we need to and for whatever reason a new
Board decides that yellow bags need to be refocused on, that is going to be a focus on
you, it is going to be focused on the local carters that use dumpsters, I mean, that, there is
no unevenness about that. It is across the board.
MR. FISHER: It just seems very uneven though, from the start. That was our concern.
SUPERVISOR RUSSELL: Why? Why?.
MR. FISHER: Because Jim Bunchuk, when I spoke to him on Tuesday, he told me that
the DEC was sent to Winter Brothers to wait for our truck.
SUPERVISOR RUSSELL: Did you say that, Jim?
MR. FISHER: Yeah.
SUPERVISOR RUSSELL: The DEC...
MR. FISHER: Not at his command. He told me that the DEC sent a truck to wait for
GoGreen.
SUPERVISOR RUSSELL: I think that is an issue that you should take up with the DEC.
MR. FISHER: Oh, we will. We are.
SUPERVISOR RUSSELL: That is not...
MR. FISHER: How I became aware of it was a discussion with him, so if...
SUPERVISOR RUSSELL: I think the DEC, first of all, they read local newspapers as
much as anybody and I think the DEC was aware of issues that were not consistent with
their requirements under state law. They were at a public meeting. They were well
aware of the situation. How the DEC chose to bring compliance is an issue you need to
take up with the DEC.
MR. FISHER: I agree with you and we are. We are on it, so we are good on that one.
But the point is that it can be done unfairly, you know at the...
SUPERVISOR RUSSELL: But you just said a second ago it was done unfairly and I
dispute that.
MR. FISHER: Okay. We can disagree. I think that is all I have. Thank you very much
for listening, I appreciate it.
Amendments to Chapter 233, Carter Permits 16
April 26, 2011
SUPERVISOR RUSSELL: Sum. Thank you. Who else would else like to speak on this
particular issue?
BENJA SCHWARTZ: Good evening, how are you? Benja Schwartz, Cutchogue. So
the issue that is what you are changing here has to do with recycling and you say you
want to get serious about recycling. I thought we did that 10-15 years ago but...
SUPERVISOR RUSSELL: I made a reference to the enforcement component of
recycling. Issues had been raised over the past several months and I think legitimately
so, that there seems to be this lack of focus on requiring recycling on the commercial
accounts and on the dumpsters, well, we are trying to get there, we are trying to address
that now.
MR. SCHWARTZ: The enforcement of recycling.
SUPERVISOR RUSSELL: Yes. I think we relied too much on the notion that to pay as
you throw would force recycling and I think that is a mistaken notion. I think it helps but
I think public outreach, issues you have been raised in the past that I have embraced,
public outreach, education with measured...
MR. SCHWARTZ: That is what I am talking about. Now you are talking. When is that
going to happen?
SUPERVISOR RUSSELL: We are bringing this all together, we are working on all of
this now.
MR. SCHWARTZ: Well, you have been saying that for, well, last year you said that you
would never appoint another recycling coordinator. That position was going to be
abolished.
SUPERVISOR RUSSELL: No, I didn't say that.
MR. SCHWARTZ: You did. You told me at a public meeting
SUPERVISOR RUSSELL: No, I didn't, you accused me of saying that. I said I
wouldn't appoint you when you asked for it...
MR. SCHWARTZ: That is not what you said.
SUPERVISOR RUSSELL: It is what I did, Benja, when you asked me about it last year.
COUNCILMAN TALBOT: Southold Town was just recently commended for their
recycling.
MR. SCHWARTZ: I remember, that's alright, maybe you were joking, you like to joke
around.
Amendments to Chapter 233, Carter Permits 17
April 26, 2O 1 !
COUNCILMAN TALBOT: Benja, did you see that?
MR. SCHWARTZ: But I know what you said. I was there and I heard what you said.
SUPERVISOR RUSSELL: Okay.
MR. SCHWARTZ: And you didn't say...
SUPERVISOR RUSSELL: I just recently proposed to this Board hiring a part-time
recycling coordinator.
MR. SCHWARTZ: Okay, well that was at least a year ago.
SUPERVISOR RUSSELL: I just proposed several months ago appointing a part-time
recycling coordinator, I need to sell the rest of my Board on the idea but...
MR. SCHWARTZ: Is anybody opposed to that?
COUNCILMAN TALBOT: Me, personally, I think that Southold is doing a pretty good
job as it is. Could we step it up? Certainly. And I just mentioned that we were recently
commended by some organization in the county or on the island for the efforts that
Southold has put up for doing recycling. So it is not all gloom and doom as you like to
portray it but I don't think anybody on the Board would have a problem with somebody
that was going to put the effort into increase recycling, no.
COUNCILMAN KRUPSKI: But thanks to our Solid Waste Coordinator, Jim Bunchuk,
we are no longer paying for e-waste but we are actually taking in revenues from e-waste,
so we are making advances.
MR. SCHWARTZ: And I mean, I appreciate all the hard work and good work that Jim
Bunchuk does but he can't do it all and he didn't do that. He wasn't responsible for the
e-waste being paid for, recycling of e-waste is now being paid for by the manufacturers.
That is a state law. I don't know, correct me ifI am wrong.
MR. BUNCHUK: It is not a state law that they pay, it is a state law that they cover the
costs. Inaudible. If there is going to be a further revenue (inaudible)
MR. SCHWARTZ: But the impetus of us transitioning to no cost on that had to do
with...
COUNCILMAN TALBOT: He did a good job. It is up and running and we are
collecting...
MR. SCHWARTZ: I don't think we can take credit for that.
Amendments to Chapter 233, Carter Permits 18
April 26, 2011
COUNCILMAN TALBOT: Nobody said we were taking credit.
MR. SCHWARTZ: Can we get back to the issue that we were discussing, if we could?
One thing at a time.
COUNCILMAN TALBOT: Inaudible. It was all about the doom and gloom with you,
nothing is good.
MR. SCHWARTZ: Look, do you have a personal issue with me?
COUNCILMAN TALBOT: No, I just, I wish that I have a little bit of an issue because
everything that you bring up, it is nothing good. And obviously it is not all bad here in
Southold Town, Benja, you know that too. You just don't want to admit it.
MR. SCHWARTZ: I don't think, I think you are not listening. I think that this is a
gorgeous town and this season is a particularly good time but I don't think that it is
appropriate to stand here and describe the beautiful, blooming magnolia or whatever
trees, I don't know their names but I love it here, there is a lot of good things. One of the
good things is recycling. One of the good things is all the accolades this town got and the
appreciation this town got in their efforts early on, like 10, 15 years. The past 5 or 10
years, I don't, I am not aware of any recent awards to this program. And when you told
me that you would never appoint a recycler, I don't know if I, I didn't think it was a joke,
I didn't think it was funny but I also didn't believe it.
SUPERVISOR RUSSELL: I didn't say it. I am telling you right now.
MR. SCHWARTZ: Now you have been saying for I don't know how long, you just said
a couple of months, a year, that you are considering that. Can somebody tell me what
your time flame is? When are you going to act on it?
SUPERVISOR RUSSELL: That is an issue that we will have to, again, this is a very
fluid environment with solid waste right now. We are trying to handle some of the larger
issues. You know, there is a train wreck coming. I have been talking about this for
years. The inability of the town to remove our garbage and take it off Long Island, I
think those days are numbered. Those are the larger issues we are trying to address right
now and at the same time, refocus or redouble or double down on our efforts for
recycling. You have raised this issue, I have agreed with you in the past. We can do
better, I think we do well, we can do better. And it is going to be through education and
enforcement.
MR. SCHWARTZ: You have no, you can't give me any kind of an estimate of when you
might actually get somebody in the town, involved in this and active and participating
other than...
Amendments to Chapter 233, Carter Permits
April 26, 2011
19
SUPERVISOR RUSSELL: It wouldn't be my sole call. You have to ask this entire
Board if they are ready to move forward on something like that. I had envisioned a part-
time position...
MR. SCHWARTZ: With all due respect, I would appreciate if you could ask the Board
that. I don't think that is my job. Thank you.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this
particular issue?
TOWN ATTORNEY FINNEGAN: Scott, I just wanted to clarify for the record what
you alluded to earlier, that as it appears in the agenda, there was a typo which was
corrected to delete solid waste district to Town Clerk in Section 233-3 ABF of the
proposed law, just so that is on the record.
JEFF ABRAMS: I think you guys are doing a great job. When do we get the permits?
How do we go about that?
JUSTICE EVANS: We haven't passed the law yet.
SUPERVISOR RUSSELL: We have to pass the law, we also have to by resolution,
establish a fee. We envision having that done within the next two weeks.
MR. ABRAMS: And so there will be some sort of a notice?
SUPERVISOR RUSSELL: Yes, absolutely.
MR. ABRAMS: That is pretty much it. Thank you.
SUPERVISOR RUSSELL: Thank you, Jeff. Would anybody else like to comment on
this particular local law? (No response)
This hearing was closed at 5:26 PM
Southold Town Clerk
RESOLUTION 2011-357
ADOPTED
DOC ID: 6834
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-357 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 26, 2011:
RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the
local law entitled "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to
Clarify Regulations Pertaining to the Disposal of Solid Waste and Rec¥clables and
Implement the Requirement of a Carters Permit" is classified as a Type II Action pursuant
to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under
SEQRA.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Kmpski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Tallgot, Kmpski~J~;.; Evans, Russell
RESOLUTION 2011-358
DOC ID: 6833
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-358 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 26, 2011:
WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 29th day of March, 2011, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to
the Disposal of Solid Waste and Recyclables and Implement the Requirement of a Carters
Permit.
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 26th day
of April, 2011 at 4:32 p.m. at which time all interested persons were given an opportunity to be
heard.
RESOLVED the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to
Clarify Regulations Pertaining to the Disposal of Solid Waste and Recyclables and
Implement the Requirement of a Carters Permit" which reads as follows:
LOCAL LAW NO. 4 of 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid
Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and Rec¥clables
and Implement the Requirement of a Carters Permit".
BE IT ENACTED by the Town Board of the'T}~ of Southold as follows:
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the Town of
Southold and adherence to the mandates of the Town's Solid Waste Management Plan with
respect to collection and disposal of solid waste and recyclables has been and remains a matter of
serious public concern. The purpose of this local law is to clarify regulations and permitting
requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
§233-1. Definitions.
REFUSE HAULER/CARTER - Any individual, association, partnership, firm, corporation, not-
for-profit organization, or any other person so deemed by the Town to be engaged in the business
Resolution 2011-358 Board Meeting of May 10; 2011
of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Recyclables.
{}233-3. Town Transfer Station.
A. Use of Town Transfer Station; No person!shall deposit or cause to be deposited in or on
any transfer station maintained by a waste district in the Town of Southold any waste of
any kind except under the direction of the attendant in charge, whether such direction is
given personally or by another person by hi,s authority or by a sign or signs erected at the
transfer station by the authority of the Town Board. or-attendam.
(a)
[1]
[bi
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Resolution 2011-358
Board Meeting of May 10, 2011
nato.
Updated: 4/26/2011 3:11 PM by Linda Cooper
Page 3
Resolution 2011-358
Board Meeting of May 10, 2011
The Town may refuse to accept any No garbage, refuse, rubbish or other material that
of Southold
does not have its origin within the Town
*h~ ~' ..... · .... r~ o,~*:~- at any time.
No vehicle shall be permitted to transport refuse into the Town's Transfer Station any
~.~c~. ~,~: .... :_,~:~a ,._ ~ -r ..... c e^..,~ unless such vehicle displays a valid
permit or the operator pays the applicable single-entry fee, except that vehicles owned
and operated by any of the following entitled shall be permitted to transport refuse into
the Town s Transfer Station ,~.~ ................................ ~ ..................... ,
provided that at least one valid permit and/or license has been issued to the particular
entity: the State of New York, the County of Suffolk, the Village of Greenport and fire
districts, school districts and park districts located within the Town of Southold.
The attendant at the transfer station is authorized to prohibit the disposal of discarded
motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at
the transfer station.
All municipal recyclables must be deposited in the appropriate location of the transfer
station owned by the Town of Southold.
,~233-3A. Disposal and Collection of Solid Waste and Recvclables.
All solid waste and recyclables generated within the Town of Southold shall be collected
and/or disposed of in the following manner:
(1) Residential self-haulers and commercial self-haulers.
(a)
No cans, corrugated cardboard, glass, plastic or newspaper as defined
herein shall be deposited at the Town's Transfer Station unless separated
from any and all solid waste, trash, rubbish and vegetative yard waste.
They are to be deposited only at designated areas within such Town
disposal area.
(b) Nonrecvclable waste ....
Ill
Residential self-haulers. Nonrecyclable waste generated by
residential self-hauler, s shall be disposed of only in a Town garbage
bag as defined herein and deposited only at designated areas within
the Town's Transfer Station.
[2]
Commercial self-haulers. Nonrecyclable waste generated by
commercial self-haulers may be either:
Iai
Disposed of in a Town garbage bag and deposited at
designated areas within the Town's Transfer Station; or
[b] Disposed of at the designated areas within the Town's
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Resolution 2011-358
Board Meeting of May 10, 2011
Transfer Station upon paying the appropriate charge as set
.by Town Board resolution for the weight of nonrecyclable
waste deposited.
(2)
Private residential refuse haulers/carters.
(a)
The owners or occupants of all residences within the Town which utilize
collection services provided by persons licensed to collect refuse pursuant
to the provisions of this article shall place recyclables in separate
containers at curbside for collection on such day or days as the licensee
serving such residence shall designate.
(b)
It shall be unlawful for any person to place out for collection any container
in which refuse is mixed with recyclables.
It shall be unlawful for any person to collect refuse from a residence
which is mixed with recyclables or thereafter to commingle different types
of recyclables or to mix recyclables with refuse.
(d)
Recyclables collected by private residential refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate lan.drill personnel
(e) Nonrecyclable waste.
fl]
The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place
nonrecyclable waste in Town garbage bags for collection on such
day or days as the licensee serving such residents shall designate.
[21
It shall be unlawful for any person to place out for collection any
nourecyclable waste which is not in a Town garbage bag. It shall
be unlawful for any person to collect nonrecyclable waste from a
residence which is not in a Town garbage bag.
[3]
Nonrecyclable waste in Town garbage bags collected by private
residential refuse haulers/carters and transported to the transfer
station shall be deposited only in areas designated by appropriate
landfill personnel.
[4]
The above requlrentents shall not apply to residences located
within the Fishers Island Waste Management District.
(3) Private commercial refuse haulers/carters.
(a)
The owners or occupants of all commemial establishments within the
Town which utilize collection services provided by a refuse hauler/carter
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Resolution 2011-358
Board Meeting of May 10, 2011
shall place recyclables in separate containers at curbside for collection on
such day or days as the licensee serving such business shall designate.
(b)
It shall be unlawful for any commercial establishment to place out for
collection any container in which refuse is mixed with recyclables.
(c)
(d)
It shall be unlawful for any commercial establishment to place out for
collection any container in~ ,which one type of recyclable is mixed with any
other type or tfpes of recycl~ables.
It shall be unlawful for any private commercial refuse hauler/carter to
collect refuse from any commercial establishment which is mixed with
recyclables or thereafter to commingle different types of recyclables or to
mix recyclables with refuse.
(e)
Recyclables collected by private commercial refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate personnel.
B. Commercial Waste Permit Requirements.
(a)
With the exception of those operating within the Fishers Island Waste
Management District, no refuse hauler or carter or agent thereof shall collect,
transport or dispose of Solid Waste and/or Recyclables generated within the Town
without obtaining a Carter's Permit issued by the Town Clerk.
(b)
All applications for Carter Permits,~hall be in writing and shall contain such
information as requested by the To~yn, but at a minimum, such applications shall
include a list of all vehicles (including vehicle license numbers the applicant
intends to utilize for the collection of.Solid Waste and/or Recyclables in the
Town). The list shall also describe'the cubic yard capacity for each vehicle. All
Carter Permit information shall be verified by the applicant as required by thi~
local law and the Town.
(c)
Upon receipt of a complete application, the Town Clerk shall refer the application
to the Solid Waste District and the Zoning Inspector for a determination of
whether any violations of the law exist. The Town Clerk shall issue the applicant
a Carter Permit so long as the applicant is deemed by the Solid Waste District and
Zoning Inspector to be in compliance with this local law and all applicable
County and State regulations.
(d)
Renewal of Carter Permits shall be in the same manner and subject to the same
conditions as original Carter Permits, and also shall be subject to any additional
requirements in effect at the time of application for renewal as specified by the
Town.
(e)
Whenever sat~sfactory~proof, such as by means of an affidavit, is submitted to the
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Resolution 2011-358 Board Meeting of May 10, 2011
Town Clerk that a Carter Permit issued for the purpose set forth in this local law
has been lost or destroyed, the Town Clerk shall, upon payment of five dollars
($5.00) by the applicant, issue a new Carter Permit. No Carter Permit issued
pursuant to the provisions of this local law shall be transferable.
The Carter Permit holder hereunder shall, upon request, furnish the Town with a
list detailing the number of residences, commercial establishments or other
generators of Solid Waste and/or Recyclables located in the Town and serviced by
the applicant and the intended location that said Solid Waste and/or Recyclables
shall be deposited by the carter. This list shall be prepared at a level of detail
satisfactory to the Sz!:~ Waztz D!gt~zt Town Clerk and shall be updated by the
Carter Permit holder at the request of the Town, but not more often than every
three months.
(g)
The Town, pursuant to §233-8 ofth)s local law, shall have the power to impose a
civil penalty or suspend or revoke a Carter Permit granted or renewed pursuant to
this local law for any violation of any provision of this local law or any applicable
rule, regulations, code or ordinance relating to the collection, handling, hauling or
disposal of Solid Waste and/or Recyclables.
(h)
All collection, transportation and/or disposal of Solid Waste and/or Recyclables
shall be in strict conformance with the rules and regulations prescribed in this
local law and as such rules and regulations may hereafter be amended or
supplemented by the Town Board.
(i)
All vehicles used in the collection, transportation and/or disposal of Solid Waste
and/or Recyclables shall be maintained in a sanitary condition and shall be
constructed as to prevent leakage in transit. The body of the vehicle shall be
wholly enclosed or shall at all times be kept covered with an adequate cover. The
name of the Carter shall be readily visible on all vehicles, and on all containers
utilized for the collection of Solid Waste and/or Recyclables generated within the
Town.
(J)
Any Carter Permit issu~ed pursuant~to this local law shall be in the nature of a
privilege subject to the~terms and ~nditions set forth in this local law and as
amended or supplemented by the ToWn, and shall not be deemed to create a
property interest with respect to the Carter Permit in the holder.
(k)
All Carter Permit requirements specified herein, including, but not limited to,
Carter Permit fees may be amended or adjusted from time to time by resolution of
the ToWn Board.
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
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Page 7
Resolution 2011-358 Board Meeting of May 10, 2011
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law. ~,
Elizabeth A. Neville
Southold Town Clerk
Updated: 4/26/2011 3:11 PM by Linda Cooper Page 8
SUMMARY OF PROPOSED AMENDMENTS
LL/CARTER PERMITS
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S
PUBLIC HEARING AMENDS CHAPTER 233 OF THE TOWN CODE ENTITLED
"SOLID WASTE", THE INTENT OF WHICH IS TO CLARIFY THE PRESENT
LAW AND TO REGULATE THE SAFE AND PROPER DISPOSAL OF THE
SOLID WASTE GENERATED BY THE PEOPLE OF THE TOWN OF
SOUTHOLD AND THE ADHERENCE TO THE MANDATES OF THE TOWN'S
SOLID WASTE MANAGEMENT PLAN, AS WELL AS IMPLEMENTING A
PERMIT REQUIREMENT FOR ALL REFUSE HAULERS/CARTERS
OPERATING WITHIN THE TOWN.
SPECIFICALLY, SECTION 233-1 OF THE PROPOSED AMENDMENT ADDS
THE PHRASE "REFUSE HAULER/CARTER" TO THE DEFINITIONS SECTION
OF CHAPTER 233.
THE PROPOSED AMENDMENT RELOCATES ALL OF THE EXISTING
REQUIREMETS IN SECTION 233-3 OF THE CODE REGARDING DISPOSAL
AND CARTING OF SOLID WASTE AND RECYCLABLES IN THE TOWN OF
SOUTHOLD TO A NEW SECTION §233-3A TO ELIMINATE PRIOR
CONFUSION REGARDING THE APPLICABILITY OF THESE LAWS
REGARDLESS OF WHETHER THE WASTE IS DISPOSED OF IN THE TOWN
TRANSFER STATION.
FINALLY, §233-3A PROHIBITS ALL CARTERS/HAULERS FROM OPERATING
WITHIN THE TOWN WITHOUT A PERMIT FROM THE TOWN CLERK AND
SETS FORTH SPECIFIC CRITERIA FOR OBTAINING AND RENEWING SUCH
A PERMIT AND PENALTY PROVISIONS FOR FAILURE TO COMPLY.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE.
10202
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
14th day of April, 2011.
/(~day of
Sworn to before me this
Principal Clerk
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS, there has been pre-
sented to the Town Board of the Town
of Southold. Suffolk County. New York.
on the 29th day of March. 2011. a Local
Law entitled "A ' -
"A Local Law in relation
to Amendments to C_~233' .Solid
Wa te fo larif Re ul ionsPe i~
to the Disposal of Solid Waste
~ Imulemeat the It Pq,,isemenI
at the SouthoM Town Hall, 53095 Main
day of April, 2011 at 4'.32 p.m. at which
~ter _23~ Clarif~y
~Remllations Pe~isuorM
LOCALLA-W O~ 20fl
~ecvdah~ and Im I mp~lhe
fi~[r^fo..of_~!i .n, not-for-profit or,a_n.i-
his authority or by a sign or s~gns erected
at the transfer station by thc authority of
he Town Board ar ....
or the operator pays the applicable sin-
gle-entry fee. except that vehicles owned
and opera ed by any of the following Ch-
titled shall be permitted to transport re
fuse into any transfer station maintained
by the Town of Southold, provided that
at least one valid permit and/or license
has been issued to the particular entity:
the State of New York. the County of
Suffolk. the Village of Greenport and
fire districts, school districts and park
districts located within the Town of
Southold.
D. The attendant at the transfer sta-
tion is authorized to prohibit the dis-
posal of discarded motor vehicles and/
?r discarded fuel tanks having acapac y
m excess of 550 gallons at the transfer
station.
E. All municipal recyclables must be
deposited in the appropriate location of
the transfer station owned by the Town
of Southold.
Soil W eand R cia les.
A. All solid waste and recvclable~
generated within the Town of Southold
shall be collected and/or disoosnd of
(D Residential self-haulers and co._m__-
!gercial self-haulem
la) No cans. corrugated cardboard
~/ass. nlastic or newsoaper as defined
herein shall be deoosllnd at any Town o_f
Southold Transfer Station unless scoa-
rated from any and all solid waste, trash.
rubbish and veeeta!ive yard waste. They
fire to be deoosited only at designated
areas within such Town disnosal area.
fb$ Nonrecvclable waste.
ill Residential self-ha~lers. Nonre-
cr~ycl ble waste generated by residential
self-haulers shall be disvosnd of only in
a Town aarba£e bag as de~ned hereiq
and denosited only at designated area_s
_within the transfer station.
[2] Commercial self haulers. Nonre-
cVclable waste generated bv commerci~i
selEhaulers may be either:
icl Disposed of in a-ZFown garbage
~and denosited at designated area~
w~hin the tran~sfer station: or
aliens within the transfer station unon
Payin~ the aDoronriate charge as sei
Town Board resolution for the weight of
~esidenli~l refu~ haq!_ers~/
(al The owners or oceupa~ of all
r~sidences within the Town w~!kh utilize
~ollection services p~
licensed to collect refuse nursuant to lh__e
prowsmns of this article ~hall nlac_e re~-
~'clables in separate containers at curb
~lection o~uch day or dav~'
ll~e licensee servin~ such resideqce
Cb) It shall be unla_wfu~for any uerson
~e unla~v ~ersg~
~efuse fro~Ik~_res dence wh c~h
~s nnxed with r clables or the~fter
9J to mix recvclables w th refus~
(d) Rec~d bv priw!~
residential refuse haulers/cartem and
~onne~ '
~ Nonrecvclabl¢ waste
.Ill The owners or occupants of ~]]
r~sidenees within the Town which {]til;.~
collection on such d~Lpx~ as !]!~
~ be un wJa~nv~
colle tion an on ainer in which _oR~
~le is miry Oti!-
~lawful for any nriva{e
commercial~uler/carter to col
I ct refuse from an c mmercial estab_-
or th reafter to CO~n~le dlfferen
~ of r e cyC~cvcla hie_s
~) Recvalables collected b~Lprivate
~0mmeral~se hauls
~ste and~ eener-
~ll include a ~t o~al/veh ties {ine]!!0-
~wnL %~be ~e
~vard capacity for each vehicle.
~ter Permit inf~fion shall be
~ant as reauked bY
~a~on to~oli~W~e Distda ~d
~ether any violations of thc
~ant a ~ter Permit so Ions as
~ of Car~ PemiB shall
~itions as original ~rter ~r-
~he To~,
~that sa d Sol__id Was e and/ox
Re~cvclables shall be d osited by the
c rter. This list shall e re 'red
Ive of grail satisfactor to th. Solid
~rict cad shall ~ated
~er a~ the reouest
~Town, Dut not more often thafi ~
~onth~
The Town. ~ursuant to~233-8 of this
c~vll halt or su end r revoke~
~uant o t is local I w for an violation_
of a or'si of this l al law or any
nd/or~clables.
isfl~sal of Solid Wast_e aa~l/gr Recvcl;[
hike. rules a~tions p~d h,
IbJ~ocal I w nd as suc pal s nd me{i-
lilies may hereafter be me decl~9~
su I meme b th Town Board,
~1 vehicl_e~ used in the collection~
ra slrallagg~ation and~ of Solid_
t~ined in a sa~ion and shall
tr~nsit. The body _of the vehicl~ha~l _b~
~ enclosed or shali~ all times be
kept covered wi~ll an ndenu~
The nam~the Carter sha~refidi~
v~sible on all vehieles~ and on all contain-
~ utilized for the collection of
Waste and/or R_ec_vclables ~enerate4
~includin_~b t not limited_ ~
fll[~le~T~B Board=
his authority or by a sign or signs erected
at the transfer station by the authority of
I'-' [day of
or the operator pays the applicable sin-
gle entry fee. except that vehicles owned
and operated by any of the following en-
titled shall be permitted to transport re-
fuse into any transfer sta on maintained
by the Town of Southold, provided that
at least one valid permit and/or license
has been issued to the particular entity:
the State of New York. the County of
Suffolk. the Vigage of Greenport ~and
fire districts, school districts and park
districts located within the Town of
Southold.
D. Thc attendant at the transfer sta-
tion is authorized to prohibit the dis
posal of discarded motor vehicles and/
or discarded fuel tanks having a capacit
is~a~iXoCne, ss of 550 gallons at the transletYr
E. All municipal recyclables must be
deposited in the appropriate location of
the transfer station owned by the Town
of Southold.
the,_fgll w'n r:
n~nrcc~pc, slt~-' ~~-haule sa dc m
O0-Wne-ow~.~ra or~occ-- ~ -~ .. ~efin a
~ ~ ~°lle ti n n co~l ruer m
~ ornn~ t~,t,e heard. ~ ......... ~ ...... d w~ h rec cia_ CI~ ...... fao the Town ~ansF wilh
LO=I Law'in tel;,' n/ltled,~ ~ :- ~ ~awf ..... ~r Ca ...... ~~
so , :Z~ and pr°per d'sp°sal of the ~ ~~. n.~ ~~ ~
theTownof~Sn~a[eflbythepe°ple°f '-?--°'~c"~~ ~~ ~ ~il~,e~h;ZJ,P.: .'~
the ma.a~,~°"~t2°ia and adherence to ~iL. · . ~ ~~ ~~ condido~2h :~7. ,e t~
Manauement. ...... gO[l~ Waste ' '-5'~" ~" ,- ' ' - ~l fo' - ~~ ~~
Off.' i ¢~nan~remansamatterof ~_.' ........ ? ~e ban It~glf~ .... t.. b ~~~ C~:~ ~_5t ylp m e t t e
~**~"awtst°clarifyregulationsana ~:' '- ' -- ~aro~;...~:, ~cca I wa ~ff~5~e .'[ss~ in~~r~ss~e_
Town of S~ ~f the Code of the co~:: "' --; ' ~ ~ Tow- ~~ ~~.~t2~
togows, u'ulu IS hereby amended as ~ t>,:,' ...... _ - . . ~~ ~ud; ..... ,. ~SJ~ a. ~~ o u e b re~
~¢ '-~eumfio.~ ~L~ . ' _ ~e t~~ ~~~~ ,, ' .... KABIL~
-- ~TER ~_ * ' < ..... ~ area~ a~ ...... I ' ~ .... . Y use, senten~ paraeranh
~~ ......... L'~ ~ ~~ shall not ~eet ~e validi-, - ¢'- ~ent
~n~ ~'?~:,.._d)n %e bu i- - ...... ~~ ~or ............ ~~ a who e or an- - ,y O~tmslaw as
., * ~;~; ...... g ge, ref.se, rubb sh or o k~- ~ ~. -. al Law sba take effect '
~o person sh~~n- ter~al that does not . ..{1111 ma- c ' Z ~~~ memately U n f~in ' - ~m-
. . deposit or ca~se to ..... have its orlem within ~;~. ~.1~, . ~ ~ ..... ~, g With the Secreta~
. on an tr · olds · ~hdavn~.l .......... i lde he u P bylaw.
mare ~;~ ~ Y ansfer stat,on .... T-~:~ ~?nolo~~ ~erv~ ~~~ Dated:Ma .........
exce-t .... ~ywasteofanykmd C~ - ~~r .... ~~ ~.. BYORDEROF
danti._~ . of the atten- trans-ort ..... p mltted 'o ~,, ~;ffA~lj~L nt,~ OFT ....... BOARD
o,ve ..... r~tlon ,s mamta; ....... station ~ -~ ~lagi.~ ,~P ~a t or . ~OLD
Y vernon by ess such v ...... .ho d un- ~ ~th~,T.~., L~ ~. d~ Nevdle
· utcm displays a valid permit ~I for a ...... ~~~ 10 202-1T 4/14 TO~ Clerk
e.APR, 26, 201k 2:10PM B~-~2-~e4~ s c PL~ mfT NO. 734 p, i~E e2
COU1
DEPAP, TMENT OF PLANNING
S U FF(
Town of Southold
PO B.ox 1179
Southold, New York 11935
Att; Ms, L~u'%e Kmu~, Secretary
Public He~
S.C.P.
Ms. Krauz~:
PurSuant to the requirements
Administrative Code, the above refer~
County Plannint Commission is co~i
shoed not be oons~d ~ ei~ ~ a
APF:dS
cc: El~abeth Neville, Clerk
LOCATION
H. L~- [3~NNI$ON eLDG,- 4TH FLOOR
100 V'~RAN8 MEMORIAL HI¢I'IWA¥
,JTY OF SUFFOLK
ST~'~ L~vY
LK COUNTY EXECUTIVE
Apg126,201I
Town Attorney
Applicant:
~ing Action:
chug DaIc,:
Pile No.;
Town of 8outhold
Amendmemt Sections 233-1,3, 3A "Disposal of Solid
Waste and l~.ecyclables and Implement ~e
Kequire~e~t of a C~ers P~
~fi126, 2011
SD-11-LD
~f Sections Al4-14 thru AI4-25 of the Suffolk County
aced application which has been submitted to tile Suffolk
iered to be a maiter for Local Determination as there is bo
:-cornmuniW impact. A decision of Local Determination
royal o~ disapproval.
Chief Plann~r
MAILING ADDi~E.~
P, O, BOX 6100
HAUPPAU~3i=, rOY'
(631} 853.5191
TELECOPrE~ ($3~) 853.4044
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSKI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
TO:
From:
Date:
Re;
Scott Russell, Town Supervisor
Members of the Town Board
Martin Sidor, Chairman, Planning Board
April 18, 2011
Proposed Amendment to§233 Solid Waste
Thank you for the opportunity to provide comments on the proposed amendment
to the Town Code referenced above.
The Planning Board has reviewed the proposed changes to Chapter 233 Solid
Waste and finds that they are consistent with the Town's goals of reducing the
waste stream by requiring recycling.
cc: Town Clerk
Town Attorney
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the // day of ,qf, e/~. ,2011, she affixed a notice of
which the annexed printed notice is a.tme copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: Solid Waste PH 4/26/11
~}lizabetfi ~.. Nevill~ --
Southold Town Clerk
Swom before me this
/? day of~, 2011. *
LINDA J coOPER
ARY pUBLiC, State ol New York
N~O0~, 01C04822563'
TNer~ Expires December ~,
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 29th day of March, 2011, a Local Law entitled "_~A
Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify
Regulations Pertaining to the Disposal of Solid Waste and Recvclables and
Implement the Requirement of a Carters Permit.
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the 26th day of April, 2011 at 4:32 p.m. at which time all interested persons
will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to
Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid
Waste and Rec¥clables and Implement the Requirement of a Carters Permit" reads
as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid
Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and
Recyclables and Implement the Requirement of a Carters Permit".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the
Town of Southold and adherence to the mandates of the Town's Solid Waste
Management Plan with respect to collection and disposal of solid waste and recyclables
has been and remains a matter of serious public concern. The purpose of this local law is
to clarify regulations and permitting requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
§233-1. Definitions.
REFUSE HAULER/CARTER - Any individual, association, partnership, firm,
corporation, not-for-profit organization, or any other person so deemed by the Town to be
engaged in the business of collection, pickup, transfer, removal and/or disposal of Solid
Waste and/or Rec¥clables.
§233~3. Town Transfer Station.
A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in
or on any transfer station maintained by a waste district in the Town of Southold
any waste of any kind except under the direction of the attendant in charge,
whether such direction is given personally or by another person by his authority
or by a sign or signs erected at the transfer station by the authority of the Town
Board. or~aemtam,
........................ ~ ............ ~ ................. article
__ un!a;: .....
The Tom may re~se to accept ~y ~ g~bage, re~se, rubbish or other material
t h igi i~i f S b
that does no ave its or n w n the To~ o outhold
~: ..... ~ ~r:~ .~. .... . .... r~ ~.~ t ~y time
No vehicle sh~l be periled'to tr~spo~ refuse into any tr~sfer station
maintained by the Town of Southold ~less such vehicle displays a valid pe~it
or ~e operator pays the applicable single-entry fee, except that vehicles owned
~d operated by ~y of the following entitled shall be pe~i~ed to transpo~ re~se
into ~y tr~sfer station maintained by the To~ of Southold, provided that at
least one valid pe~it ~d/or license has been issued to the p~icular entity: ~e
State of New York, the Co~ty of Suffolk, the Village of Greenpo~ ~d fire
districts, school districts ~d p~k districts located within the Town of Southold.
The a~endant at the tr~sfer station is authorized to prohibit the disposal of
disc~ded motor vehicles an~or disc~ded fuel t~ks having a capacity in excess
of 550 g~lons at the tr~sfer station.
All m~icipal recyclables must be deposited in the appropriate location of the
tr~sfer station o~ed by the Tom of Southold.
§233-3A. Disposal and Collection of Solid Waste and Rec¥clables.
A. All solid waste and rec¥clables generated within the Town of Southold shall be
collected and/or disposed of in the following manner:
(1)
(2)
Residential self-haulers and commercial self-haulers.
(a) No cans, corrugated cardboard, glass, plastic or newspaper as
defined herein shall be deposited at any Town of Southold Transfer
Station unless separated from any and all solid waste, trash,
rubbish and vegetative yard waste. They are to be deposited only at
designated areas within such Town disposal area.
(b) Nonrecyclable waste.
[1] Residential self-haulers. Nonrecyclable waste generated by
residential self-haulers shall be disposed of only in a Town
garbage bag as defined herein and deposited only at
designated areas within the transfer station.
[2] Commercial self-haulers. Nonrecyclable waste generated
by commercial self-haulers may be either:
Iai Disposed of in a Town garbage bag and deposited at
designated areas within the transfer station; or
lb] Disposed of at the designated areas within the
transfer station upon paying the appropriate charge
as set by Town Board resolution for the weight of
nonrecyclable waste deposited.
Private residential refuse haulers/carters.
(a) The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place
recyclables in separate containers at curbside for collection on such
day or days as the licensee serving such residence shall designate.
(b) It shall be unlawful for any person to place out for collection any
container in which refuse is mixed with recyclables.
(c) It shall be unlawful for any person to collect refuse from a
residence which is mixed with recyclables or thereafter to
(d)
(e)
commingle different types of recyclables or to mix recyclables
with refuse.
Recyclables collected by private residential refuse haulers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate landfill personnel.
Nonrec¥clable waste.
[1] The owners or occupants of all residences within the Town
[21
which utilize collection services provided by persons
licensed to collect refuse pursuant to the provisions of this
article shall place nonrecyclable waste in Town garbage
bags for collection on such day or days as the licensee
serving such residents shall designate.
It shall be unlawful for any person to place out for
collection any nonrecyclable waste which is not in a Town
garbage bag. It shall be unlawful for any person to collect
nonrecyclable waste from a residence which is not in a
Town garbage bag.
(3)
[3] Nonrecyclable waste in Town garbage bags collected by
private residential refuse haulers/carters and transported to
the transfer station shall be deposited only in areas
designated by appropriate landfill personnel.
[41 The above requirements shall not apply to residences
located within the Fishers Island Waste Management
District.
Private commercial refuse haulers/carters.
(a) The owners or occupants of all commercial establishments within
the Town which utilize collection services provided by persons
licensed to collect refuse pursuant to the provisions of this article
shall place recyclables in separate containers at curbside for
collection on such day or days as the licensee serving such
business shall designate.
(b) It shall be unlawful for any commercial establishment to place out
(c)
for collection any container in which refuse is mixed with
recyclables.
It shall be unlawful for any commercial establishment to place out
(d)
(e)
for collection any container in which one type of recyclable is
mixed with any other type or types of recyclables.
It shall be unlawful for any private commercial refuse hauler/carter
to collect refuse from any commercial establishment which is
mixed with recyclables or thereafter to commingle different types
of recyclables or to mix recyclables with refuse.
Recyclables collected by private commercial refuse haulers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate personnel.
Commercial Waste Permit Requirements.
(a) With the exception of those operating within the Fishers Island Waste
Management District, no hauler or carter or agent thereof shall collect,
transport or dispose of Solid Waste and/or Recyclables generated within
the Town without obtaining a Carter's Permit issued by the Town Clerk.
(b) All applications for Carter Permits shall be in writing and shall contain
such information as requested by the Town, but at a minimum, such
applications shall include a list of all vehicles (including vehicle license
numbers the applicant intends to utilize for the collection of Solid Waste
and/or Recyclables in the Town). The list shall also describe the cubic
yard capacity for each vehicle. All Carter Permit information shall be
verified by the applicant as required by this local law and the Town.
(c) Upon receipt of a complete application, the Town Clerk shall refer the
application to the Solid Waste District and the Zoning Inspector for a
determination of whether any violations of the law exist. The Town Clerk
(d)
shall issue the applicant a Carter Permit so long as the applicant is deemed
by the Solid Waste District and Zoning Inspector to be in compliance with
this local law and all applicable County and State regulations.
Renewal of Carter Permits shall be in the same manner and subiect to the
(e)
(0
(g)
(h)
(i)
same conditions as original Carter Permits, and also shall be subject to any
additional requirements in effect at the time of application for renewal as
specified by the Town.
Whenever satisfactory proof, such as by means of an affidavit, is
submitted to the Town Clerk that a Carter Permit issued for the purpose
set forth in this local law has been lost or destroyed, the Town Clerk shall,
upon payment of five dollars ($5.00) by the applicant, issue a new Carter
Permit. No Carter Permit issued pursuant to the provisions of this local
law shall be transferable.
The Carter Permit holder hereunder shall, upon request, furnish the Town
with a list detailing the number of residences, commercial establishments
or other generators of Solid Waste and/or Recyclables located in the Town
and serviced by the applicant and the intended location that said Solid
Waste and/or Recyclables shall be deposited by the carter. This list shall
be prepared at a level of detail satisfactory to the Solid Waste District and
shall be updated by the Carter Permit holder at the request of the Town,
but not more often than every three months.
The Town, pursuant to §233-8 of this local law, shall have the power to
impose a civil penalty or suspend or revoke a Carter Permit granted or
renewed pursuant to this local law for any violation of any provision of
this local law or any applicable rule, regulations, code or ordinance
relating to the collection, handling, hauling or disposal of Solid Waste
and/or Recyclables.
All collection, transportation and/or disposal of Solid Waste and/or
Recyclables shall be in strict conformance with the rules and regulations
prescribed in this local law and as such rules and regulations may hereafter
be amended or supplemented by the Town Board.
All vehicles used in the collection, transportation and/or disposal of Solid
Waste and/or Recyclables shall be maintained in a sanitary condition and
shall be constructed as to prevent leakage in transit. The body of the
vehicle shall be wholly enclosed or shall at all times be kept covered with
an adequate cover. The name of the Carter shall be readily visible on all
vehicles, and on all containers utilized for the collection of Solid Waste
and/or Recyclables generated within the Town.
(k)
Any Carter Permit issued pursuant to this local law shall be in the nature
of a privilege subject to [he terms and conditions set forth in this local law
and as amended or supplemented by the Town, and shall not be deemed to
create a property interest with respect to the Carter Permit in the holder.
All Carter Permit requirements specified herein, including, but not limited
to, Carter Permit fees may be amended or adjusted from time to time by
resolution of the Town Board.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: March 29, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON April 14, 2011, AND FORWARD ONE {1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Web site
Town Board Members
Accounting Dept.
Town Attorney
Disposal Area
Page I of I
Cooper, Linda
From: Candice Schott [cschott@timesreview.com]
Sent: Monday, April 11,2011 10:08 AM
To: Cooper, Linda
Subject: RE: Chapter 233-Solid Waste amend2
Good mornin§!
I have received the revised copy and we are §ood to
£andice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent-' Monday, April 11, 2011 9:58 AM
To: tr-legals
Subject: Chapter 233-5olid Waste amend2
Hi,
Attached hereto is the revised Legal Notice for Public Hearing to be published 4/14/11 in the Suffolk
Times. This replaces the one that Lynda Rudder requested be pulled.
Please confirm receipt of this notice.
Thank you
Icoop
4/11/2011
Page 1 of l
Cooper, Linda
From: Cooper, Linda
Sent: Thursday, March 31,2011 11:05 AM
To: Beltz, Phillip; Neville, Elizabeth; Woodhull, Ruthanne; Al Krupski (alkrupskitown@yahoo.com);
Chris Talbot (christptal@yahoo.com); Louisa Evans (Ipevans@fishersisland.net); Russell, Scott;
V Orlando (vincent.orlando@town.southold.ny.us); W. Ruland (rulandfarm@yahoo.com);
Andalom, Jennifer; Finnegan, Martin; Hulse, Lori; Krauza, Lynne
Subject: Public Hearing notice for 4/25/11 mtg
Attachments: Chapter 233-$olid Waste amendments.doc; SCDP letter.doc; STPB letter, doc
Tracking:
Recipient
Belt:z, Phillip
Neville, Elizabeth
Woodhull, Ruthanne
Al Krupski (alkrupskitown@yahoo.com)
Chris Talbot (christ:ptal@yahoo.com)
Louisa Evans (Ipevans@fishersisland.net)
Russell, Scott
V Odando (vincent.orlando@town.southold.ny.us)
W. Ruland (rulandfarm@yahoo.com)
Andaloro, Jennifer
Finnegan, Martin
Hulse, Lori
Krauza, Lynne
FYI
Linda J. Cooper
Deputy Town Clerk
Town of Southold
631-765-1800
Life may not be the party we hoped for, but as long as we are here, we might as well dance!
If you really want to be happy, nobody can stop you.
Delivery
Failed: 3/31/2011 11:05 AM
3/31/2011
cooper, Linda
From:
To:
Sent:
Subject:
System Administrator
Neville, Elizabeth
Thursday, Mamh 31,2011 11:05 AM
Undeliverable: Public Hearing notice for 4/25/11 mtg
Your message did not reach some or all of the intended recipients.
Subject: Public Hearing notice for 4/25/11 mtg
Sent: 3/31/2011 11:05 AM
The following recipient(s) could not be reached:
Neville, Elizabeth on 3/31/2011 11:05 AM
The message could not be delivered because t~e recipient~s mailbox is full.
< mail.town.southold.ny.us #5.2.2>
March 31,2011
Re: Resolution 2011-282 regarding proposed Local
Law in relation to Amendments to Chapter 233, Solid
Waste, to Clarify Regulations Pertaining to the Disposal
of Solid Waste and Recyclables and Implement the
Requirement of a Carters Permit.
Andrew P. Freleng, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting on March 29, 2011 adopted the above
resolution. A certified copy is enclosed.
Please prepare an official report defining the Suffolk County Department of Planning's
recommendation with regard to this proposed local law and forward it to me at your earliest
convenience. This proposed local law has also been sent to the Southold Town Planning Board
for their review. The date and time for the public hearing is Tuesday, April 26 at 4:32 PM.
Should you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Enclosures
cc: Town Board (w/o encl)
Town Attorney (w/o encl)
Linda J. Cooper
Deputy Town Clerk
March 31,2011
Re: Resolution 2011-282 regarding proposed Local
Law in relation to Amendments to Chapter 233, Solid
Waste, to Clarify Regulations Pertaining to the Disposal
of Solid Waste and Recyclables and Implement the
Requirement of a Carters Permit.
Andrew P. Freleng, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting on March 29, 2011 adopted the above
resolution. A certified copy is enclosed.
Please prepare an official report defining the Suffolk County Department of Planning's
recommendation with regard to this proposed local law and forward it to me at your earliest
convenience. This proposed local law has also been sent to the Southold Town Planning Board
for their review. The date and time for the public hearing is Tuesday, April 26 at 4:32 PM.
Should you have any questions, please do not hesitate to contact me. Thank you.
Very truly yours,
Enclosures
cc: Town Board (w/o encl)
Town Attorney (w/o encl)
Linda J. Cooper
Deputy Town Clerk
RESOLUTION 2011-283
ADOPTED
DOC ID: 6728
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-283 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 29, 2011:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in relation to
Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the
Disposal of Solid Waste and Rec¥clables and Implement the Requirement of a Carters
Permit" to thc Suffolk County Planning Commission and the Southold Town Planning
Board for their review and recommendation.
Elizabeth A,, Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
Page 1 of 1
Cooper, Linda
From: Cooper, Linda
Sent: Thursday, March 31,2011 11:14 AM
To: Reisenberg, Lloyd
Subject: Legal Notice of Public Hearing - Amendments to Chapter 233, Solid Waste to clarify regulations
pertaining to the disposal of solid waste and recyclables and implement the requirement of a
carter's permit.
Attachments: Document5.doc
Please post on the town's website whenerver you get a chance. Thank you.
3/31/2011
Page 1 of I
Cooper, Linda
From: Candice Schott [cschott@timesreview.com]
Sent: Thursday, March 31,2011 1:01 PM
To: Cooper, Linda
Subject: RE: Chapter 233-Solid Waste amendments
Hi Linda!
Love the weather!! Couldn't ask for better! ;)
I have received the notice and we are good to go for the 14th.
Thanks and have a great afternoon/evening!
Candice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
Sent: Thursday, March 31, 20:[1 10:44 AN
To: tr-legals
Subject: Chapter 233-Solid Waste amendments
Good Morning,
Please confirm receipt of this Legal Notice of Public Hearing to be published in the April 14, 2011 edition
of the Suffolk Times.
Thanks.
Icoop
PS Isn't this spdng weather incredible?
3/31/2011
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS, there has been presented to the Town Board of the Town of Southold,
Suffolk County, New York, on the 29th day of March, 2011, a Local Law entitled "._~A
Local Law in relation to Amendments to Chapter 233~ Solid Waste~ to Clarify
Regulations Pertaining to the Disposal of Solid Waste and Rec,vclables and
Implement the Requirement of a Carters Permit.
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New
York, on the 26th day of April, 2011 at 4:32 p.m. at which time all interested persons
will be given an opportunity to be heard.
The proposed Local Law entitled, ."A Local Law in relation to Amendments to
Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid
Waste and Rec¥clables and Implement the Requirement of a Carters Permit" reads
as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~ Solid
Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and
Rec~clables and Implement the Requirement of a Carters Permit".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the
Town of Southold and adherence to the mandates of the Town's Solid Waste
Management Plan with respect to collection and disposal of solid waste and recyclables
has been and remains a matter of serious public concern. The purpose of this local law is
to clarify regulations and permitting requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
§233-1. Definitions.
REFUSE HAULER/CARTER - An,/individual, association, partnership, firm,
corporation, not-for-profit organization, or any other person so deemed by the Town to be
engaged in the business of collection, pickup, transfer, removal and/or disposal of Solid
Waste and/or Rec¥clables.
§233-3. Town Transfer Station.
A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in
or on any transfer station maintained by a waste district in the Town of Southold
any waste of any kind except under the direction of the attendant in charge,
whether such direction is given personally or by another person by his authority
or by a sign or signs erected at the transfer station by the authority of the Town
Board. o~tttevd~.
The Tom may re~se to accept ~ No g~bage, re~se, rubbish or other material
that does not have its origin within the Town of Southold .......... ~" k~ ~ .... v ..... :*~ or
~ov .................................... at ~y time.
No vehicle shall be pe~i~ed to tr~spo~ re~se into ~y tr~sfer station
maintained by the Tom of Southold ~less such vehicle displays a valid pe~it
or the operator pays the applicable single-ent~ fee, except that vehicles owned
~d operated by ~y of the following entitled shall be pe~iaed to tr~spo~ refuse
into ~y tr~sfer station maintained by the Town of Southold, provided that at
least one valid pe~it an~or license has been issued to the p~icul~ entity: the
State of New York, the Co~ty of Suffolk, the Village of Greenpo~ ~d fire
dis~icts, school dis~icts ~d pink districts located within the Tom of Southold.
The a~end~t at the tr~sfer station is authorized to prohibit the disposfl of
disc~ded motor vehicles ~d/or discmded hel t~s having a capacity in excess
of 550 gfllons at the tr~sfer station.
All municipal recyclables must be deposited in the appropriate location of the
tr~sfer station owned by the Town of Southold.
§233-3A. Disposal and Collection of Solid Waste and Recyclables.
A. All solid waste and recyclables generated within the Town of Southold shall be
collected and/or disposed of in the following manner:
(1)
(2)
Residential self-haulers and commercial self-haulers.
(a) No cans, corrugated cardboard, glass, plastic or newspaper as
defined herein shall be deposited at any Town of Southold Transfer
Station unless separated from any and all solid waste, trash,
rubbish and vegetative yard waste. They are to be deposited only at
designated areas within such Town disposal area.
(b) Nonrecyclable waste.
[1] Residential self-haulers. Nonrecyclable waste generated by
residential self-haulers shall be disposed of only in a Town
garbage bag as defined herein and deposited only at
designated areas within the transfer station.
[2] Commercial self-haulers. Nonrecyclable waste generated
by commercial self-haulers may be either:
[al Disposed of in a Town garbage bag and deposited at
designated areas within the transfer station; or
[b] Disposed of at the designated areas within the
transfer station upon paying the appropriate charge
as set by Town Board resolution for the weight of
nonrecyclable waste deposited.
Private residential refuse haulers/carters.
(a) The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place
recyclables in separate containers at curbside for collection on such
(b)
(d)
day or days as the licensee serving such residence shall designate.
It shall be unlawful for any person to place out for collection any
container in which refuse is mixed with recyclables.
It shall be unlawful for any person to collect refuse from a
residence which is mixed with recyclables or thereafter to
commingle different types of recyclables or to mix recyclables
with refuse.
Recyclables collected by private residential refuse haulers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate landfill personnel.
Nonrec¥clable waste.
[1 ] The owners or occupants of all residences within the Town
[2]
which utilize collection services provided by persons
licensed to collect refuse pursuant to the provisions of this
article shall place nonrecyclable waste in Town garbage
bags for collection on such day or days as the licensee
serving such residents shall designate.
It shall be unlawful for any person to place out for
collection any nonrecyclable waste which is not in a Town
garbage bag. It shall be unlawful for any person to collect
nourecyclable waste from a residence which is not in a
(3)
Private
(a)
(b)
(c)
(d)
Town garbage bag.
[3] Nonrecyclable waste in Town garbage bags collected by
private residential refuse haulers/carters and transported to
the transfer station shall be deposited only in areas
designated by appropriate landfill personnel.
commercial refuse haulers/carters.
The owners or occupants of all commemial establishments within
the Town which utilize collection services provided by persons
licensed to collect refuse pursuant to the provisions of this article
shall place recyclables in separate containers at curbside for
collection on such day or days as the licensee serving such
business shall designate.
It shall be unlawful for any commercial establishment to place out
for collection any container in which refuse is mixed with
recyclables.
It shall be unlawful for any commemial establishment to place out
for collection any container in which one type of recyclable is
mixed with any other type or types of recyclables.
It shall be unlawful for any private commercial refuse hauler/carter
to collect refuse from any commercial establishment which is
mixed with recyclables or thereafter to commingle different types
of recyclables or to mix recyclables with refuse.
(e) Recyclables collected by private commercial refuse hanlers/carters
and transported to the transfer station shall be deposited in areas
designated by appropriate personnel.
Commercial Waste Permit Requirements.
(a) No hauler or carter or agent thereof shall collect, transport or dispose of
Solid Waste and/or Recyclables generated within the Town without
obtaining a Carter's Permit issued by the Town Clerk.
(b) All applications for Carter Permits shall be in writing and shall contain
such information as requested by the Town, but at a minimum, such
applications shall include a list of all vehicles (including vehicle license
numbers the applicant intends to utilize for the collection of Solid Waste
and/or Recyclables in the Town). The list shall also describe the cubic
yard capacity for each vehicle. All Carter Permit information shall be
verified by the applicant as required by this local law and the Town.
(c) Upon receipt of a complete application, the Town Clerk shall refer the
application to the Solid Waste District and the Zoning Inspector for a
determination of whether any violations of the law exist. The Town Clerk
(d)
shall issue the applicant a Carter Permit so long as the applicant is deemed
by the Solid Waste District and Zoning Inspector to be in compliance with
this local law and all applicable County and State regulations.
Renewal of Carter Permits shall be in the same manner and subject to the
same conditions as original Carter Permits, and also shall be subject to any
additional requirements in effect at the time of application for renewal as
specified by the Town.
(e) Whenever satisfactory proof, such as by means of an affidavit, is
submitted to the Town Clerk that a Carter Permit issued for the purpose
set forth in this local law has been lost or destroyed, the Town Clerk shall,
upon payment of five dollars ($5.00) by the applicant, issue a new Carter
Permit. No Carter Permit issued pursuant to the provisions of this local
(g)
(h)
(i)
law shall be transferable.
The Carter Permit holder hereunder shall, upon request, furnish the Town
with a list detailing the number of residences, commercial establishments
or other generators of Solid Waste and/or Recyclables located in the Town
and serviced by the applicant and the intended location that said Solid
Waste and/or Recyclables shall be deposited by the carter. This list shall
be prepared at a level of detail satisfactory to the Solid Waste District and
shall be updated by the Carter Permit holder at the request of the Town,
but not more often than every three months.
The Town, pursuant to §233-8 of this local law, shall have the power to
impose a civil penalty or suspend or revoke a Carter Permit granted or
renewed pursuant to this local law for any violation of any provision of
this local law or any applicable rule, regulations, code or ordinance
relating to the collection, handling, hauling or disposal of Solid Waste
and/or Recyclables.
All collection, transportation and/or disposal of Solid Waste and/or
Recyclables shall be in strict conformance with the rules and regulations
prescribed in this local law and as such rules and regulations may hereafter
be amended or supplemented by the Town Board.
All vehicles used in the collection, transportation and/or disposal of Solid
Waste and/or Recyclables shall be maintained in a sanitary condition and
shall be constructed as to prevent leakage in transit. The body of the
vehicle shall be wholly enclosed or shall at all times be kept covered with
an adequate cover. The name of the Carter shall be readily visible on all
vehicles, and on all containers utilized for the collection of Solid Waste
0)
and/or Recyclables generated within the Town.
Any Carter Permit issued pursuant to this local law shall be in the nature
(k)
of a privilege subject to the terms and conditions set forth in this local law
and as amended or supplemented by the Town, and shall not be deemed to
create a property interest with respect to the Carter Permit in the holder.
All Carter Permit requirements specified herein, including, but not limited
to, Carter Permit fees may be amended or adjusted from time to time by
resolution of the Town Board.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not affect the
validity of this law as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: March 29, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON April 14, 2011, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Web site
Town Board Members
Accounting Dept.
Town Attomey
Disposal Area
RESOLUTION 2011-282
ADOPTED
: 6727
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-282 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 29, 2011:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 29th day of March, 2011, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 233~ Solid Waste~ to Clarify Regulations Pertaining to
the Disposal of Solid Waste and Rec¥clables and Implement the Requirement of a Carters
Permit.
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
26Ch day of April, 2011 at 4:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 233~
Solid Waste~ to Clarify Regulations Pertaining to the Disposal of Solid Waste and
Rec¥clables and Implement the Requirement of a Carters Permit" reads as follows:
LOCAL LAW NO. 2011
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 233: Solid
Waste: to Clarify Regulations Pertaining to the Disposal of Solid Waste and Recyclables
and Implement the Requirement of a Carters Permit".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The safe and proper disposal of the solid wastes generated by the people of the Town of
Southold and adherence to the mandates of the Town's Solid Waste Management Plan with
respect to collection and disposal of solid waste and recyclables has been and remains a matter of
serious public concern. The purpose of this local law is to clarify regulations and permitting
requirements.
II. Chapter 233 of the Code of the Town of Southold is hereby amended as follows:
{}233-1. Definitions.
REFUSE HAULER/CARTER - Any individual, association, partnership, firm, corporation, not-
for-profit organization, or any other person so deemed by the Town to be engaged in the business
of collection, pickup, transfer, removal and/or disposal of Solid Waste and/or Rec¥clables.
Resolution 2011-282 Board Meeting of March 29, 2011
{}233-3. Town Transfer Station.
A. Use of Town Transfer Station. No person shall deposit or cause to be deposited in or on
any transfer station maintained by a waste district in the Town of Southold any waste of
any kind except under the direction of the attendant in charge, whether such direction is
given personally or by another person by his authority or by a sign or signs erected at the
transfer station by the authority of the Town Board. ~.
[1]
[al
Updated: 3/29/2011 2:45 PM by Linda Cooper Page 2
Resolution 2011-282 Board Meeting of March 29, 2011
.... ov,,~r~ cr cccu~m'~ts cf al! .............................. which
Updated: 3/29/2011 2:45 PM by Linda Cooper Page 3
Resolution 2011-282 Board Meeting of March 29, 20
B. The Town may refuse to accept any No garbage, refuse, rubbish or other material that
does not have its origin within the Town of Southold shal! ~'~ ~ .... ;+~ ^. m ..... ~ Ac
,~.~ ~v .... , .... c~. ~,~,;~ at any time.
No vehicle shall be permitted to transport refuse into any transfer station maintained by
the Town of Southold unless such vehicle displays a valid permit or the operator pays the
applicable single-entry fee, except that vehicles owned and operated by any of the
following entitled shall be permitted to transport refuse into any transfer station
maintained by the Town of Southold, provided that at least one valid permit and/or
license has been issued to the Particular entity: the State of New York, the County of
Suffolk, the Village of Greenport and fire districts, school districts and park districts
located within the Town of Southold.
The attendant at the transfer station is authorized to prohibit the disposal of discarded
motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at
the transfer station.
All municipal recyclables must be deposited in the appropriate location of the transfer
station owned by the Town of Southold.
§233-3A. Disposal and Collection of Solid Waste and Rec¥clables.
All solid waste and recyclables generated within the Town of Southold shall be collected
and/or disposed of in the following manner:
(1) Residential self-haulers and commercial self-haulers.
(a)
No cans, corrugated cardboard, glass, plastic or newspaper as defined
herein shall be deposited at any Town of Southold Transfer Station unless
separated from any and all solid waste, trash, rubbish and vegetative yard
waste. They are to be deposited only at designated areas within such Town
disposal area.
(b) Nonrecyclable waste.
[11
Residential self-haulers. Nonrec¥clable waste generated by
residential self-haulers shall be disposed of only in a Town garbage
bag as defined herein and deposited only at designated areas within
the transfer station.
[21
Commercial self-haulers. Nonrecvclable waste generated by
commercial self-haulers may be either:.
[al
Disposed of in a Town garbage bag and deposited at
.designated akSas within the transfer station; or
Updated: 3/29/2011 2:45 PM by Linda Cooper Page 4
Resolution 2011-282
Board Meeting of March 29, 2011
lbl
Disposed of at the designated areas within the transfer
station upon paying the appropriate charge as set by Town
Board resolution for the weight of nonrecyclable waste
deposited.
(2) Private residential refuse haulers/caners.
(a)
The owners or occupants of all residences within the Town which utilize
collection services provided by persons licensed to collect refuse pursuant
to the provisions of this article shall place recyclables in separate
containers at curbside for collection on such day or days as the licensee
serving such residence shall designate.
(b)
It shall be unlawful for anyiperson to place out for collection any container
in which refus~ is mixed With recyclables.
(c)
It shall be unlawful for any person to collect refuse from a residence
which is mixed with recyclables or thereafter to commingle different types
of recyclables or to mix recvclables with refuse.
(d)
Recyclables collected by private residential refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate landfill personnel.
(e) Nourecyclable waste.
ri]
The owners or occupants of all residences within the Town which
utilize collection services provided by persons licensed to collect
refuse pursuant to the provisions of this article shall place
nonrecyclable waste in Town garbage bags for collection on such
day or days as the licensee serving such residents shall designate.
[21
It shall be unlawful for any person to place out for collection any
nonrec¥dlable wa~tdWhich is not in a Town garbage bag. It shall
be unlawful for any person to collect nonrecyclable waste from a
residence which is not in a Town garbage bag.
[3]
Nonrecyclable waste in Town garbage bags collected by private
residential refuse haulers/carters and transported to the transfer
station shall be deposited only in areas designated by appropriate
landfill personnel.
(3) Private commercial refuse haulers/carters.
(a) The owners or occupants of all commercial establishments within the
Town which utilize collection services provided by persons licensed to
collect refuse pursuant to the provisions of this article shall place
Updated: 3/29/2011 2:45 PM by Linda Cooper
P~e5
Resolution 2011-282
(b)
Board Meeting of March 29, 2011
recyclables in separate containers at curbside for collection on such day or
days as the licensee serving such business shall designate.
It shall be unlawful for any commercial establishment to place out for
collection any container in which refuse is mixed with recyclables.
(c)
It shall be unlawful for any commercial establishment to place out for
collection any container in which one type of recyclable is mixed with any
other type or types of recyclables.
(d)
It shall be unlawful for any private commercial refuse hauler/carter to
collect refuse from any commercial establishment which is mixed with
recyclables or thereafter to commingle different types of recyclables or to
mix recyclables with refuse.
(e)
Recyclables collected by private commercial refuse haulers/carters and
transported to the transfer station shall be deposited in areas designated by
appropriate personnel.
B. Commercial Waste Permit Requirements.
(a)
No hauler or carter or agent theregf shall collect, transport or dispose of Solid
Waste and/or Recyclables generated within the Town without obtaining a Carter's
Permit issued by the To'wn Clerk..
(b)
All applications for Carter Permits shall be in writing and shall contain such
information as requested by the Town, but at a minimum, such applications shall
include a list of all vehicles (including vehicle license numbers the applicant
intends to utilize for the collection of Solid Waste and/or Recyclables in the
Town). The list shall also describe the cubic yard capacity for each vehicle. All
Carter Permit information shall be verified by the applicant as required by this
local law and the Town.
(c)
Upon receipt of a complete application, the Town Clerk shall refer the application
to the Solid Waste District and the Zoning Inspector for a determination of
whether any violations of the law exist. The Town Clerk shall issue the applicant
a Carter Permit so long as the applicant is deemed by the Solid Waste District and
Zoning Inspector to be in compliance with this local law and all applicable
County and State regulations.
(d)
Renewal of Carter Permits shall be3ia the same manner and subject to the same
conditions as original Carter Pernli~s, and also shall be subject to any additional
requirements in effect tit the time of application for renewal as specified by the
Town.
(e)
Whenever satisfactory proof, such as by means of an affidavit, is submitted to the
Town Clerk that a Carter Permit issued for the purpose set forth in this local law
has been lost or destroyed, the Town Clerk shall, upon payment of five dollars
Updated: 3/29/2011 2:45 PM by Linda Cooper Page 6
Resolution 2011-282 Board Meeting of March 29, 2011
($5.00) by the applicant, issue a new Carter Permit. No Carter Permit issued
pursuant to the provisions of this local law shall be transferable.
(f)
The Carter Permit holder hereunder shall, upon request, furnish the Town with a
list detailing the number of residences, commercial establishments or other
generators of Solid Waste and/or Recyclables located in the Town and serviced by
the applicant and the intended location that said Solid Waste and/or Recyclables
shall be deposited bythe carter. ~his list shall be prepared at a level of detail
satisfactory to the Solid Waste District and shall be updated by the Carter Permit
holder at the request of the Town, but not more often than every three months.
(g)
The Town, pursuant to §233-8 of this local law, shall have the power to impose a
civil penalty or suspend or revoke a Carter Permit granted or renewed pursuant to
this local law for any violation of any provision of this local law or any applicable
rule, regulations, code or ordinance relating to the collection, handling, hauling or
disposal of Solid Waste and/or Recyclables.
(h)
All collection, transportation and/or disposal of Solid Waste and/or Recyclables
shall be in strict conformance with the rules and regulations prescribed in this
local law and as such rules and regulations may hereafter be amended or
supplemented by the Town Board.
(i)
All vehicles used in the collection, transportation and/or disposal of Solid Waste
and/or Recyclables shall be maintained in a sanitary condition and shall be
constructed as to prevent leakage in transit. The body of the vehicle shall be
wholly enclosed or shall at all times~ be kept covered with an adequate cover. The
name of the Carter shall be readiI¥?wslble on all vehicles, and on all containers
utilized for the collecti'6n of Solid V~aste and/or Recyclables generated within the
Town.
(J)
Any Carter Permit issued pursuant to this local law shall be in the nature of a
privilege subject to the terms and conditions set forth in this local law and as
amended or supplemented by the Town, and shall not be deemed to create a
property interest with respect to the Carter Permit in the holder.
(k)
All Carter Permit requirements specified herein, including, but not limited to,
Carter Permit fees may be amended or adjusted from time to time by resolution of
the Town Board.
IlL SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE ;~' "~:,.. !'~ ~
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
Updated: 3/29/2011 2:45 PM by Linda Cooper Page 7
Resolution 2011-282 Board Meeting of March 29, 2011
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell
Updated: 3/29/2011 2:45 PM by Linda Cooper Page 8