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 North Hempstead
 Code of Ordinances
 Chapter 46. Sanitation
 Article I. General Regulations

  § 46-4. Licensing.  

Latest version.
  • A. 
    License required for the collection and/or disposal of Solid Waste.
    (1) 
    The following Persons, excluding any Village as described in Subsection A(5) below, shall be required to obtain a license for the collection and/or disposal of Acceptable Waste and/or Recyclables pursuant to this section:
    (a) 
    Persons in the business of collecting and/or disposing of Acceptable Waste and/or Recyclables other than the Authority or Persons acting pursuant to contracts with the Authority.
    (b) 
    Persons engaged in the collection and/or disposal of Acceptable Waste and/or Recyclables as an accessory to their business.
    (c) 
    Commercial establishments that dispose of their own Acceptable Waste and/or Recyclables.
    (2) 
    All Collectors shall be licensed under this section.
    (3) 
    In addition to obtaining a license as herein provided, each licensed Person shall be required to obtain a permit for each vehicle, compactor, Dumpster Container or open box used by the licensed Person for the collection and/or disposal of Acceptable Waste and Recyclables in the Town and shall be required to display the permit on each vehicle, compactor, Dumpster Container or open box as required by the rules and regulations promulgated by the Commissioner.
    (4) 
    Commercial property owners, as well as a tenant, managing agent or merchant making arrangements for the collection of Solid Waste from Commercial property, are responsible for ensuring that such waste is collected by a licensed carter. No Commercial property owner, tenant, managing agent or merchant shall contract for the collection of Acceptable Waste or Recyclables with any Person or entity unless such Person or entity has the license required by this chapter, nor shall any such owner, tenant, managing agent or merchant permit a Dumpster Container or other container used for the collection of Acceptable Waste or Recyclables to be present on its property unless such Dumpster Container or other container has displayed on an exterior side the name, phone number and Town of North Hempstead license number of the licensed carter with whom it has contracted for the collection of waste.
    (5) 
    Villages which engage in the collection of Acceptable Waste and/or Recyclables utilizing Village-owned or -leased and -operated vehicles are not required to be licensed but shall provide any information reasonably required pursuant to any rules or regulations promulgated by the Commissioner for any such Village's use of the Authority's Solid Waste Management Facilities.
    B. 
    Licenses shall be classified as Type I collection/disposal, Type IR collection/disposal, Type II collection/disposal, Type III collection/disposal, Type IV disposal licenses, and Type V collection/disposal license depending upon the status and/or type of business of the applicant. The Commissioner shall determine which type of license is applicable.
    [Amended 3-19-2019 by L.L. No. 7-2019]
    (1) 
    Type I collection/disposal license. Applicants who are in the business of collecting and/or disposing of Acceptable Waste and Recyclables generated by others are required to have a Type I collection/disposal license to engage in such collection or disposal within the Town. Such Persons include but are not limited to private carting companies and companies and businesses that provide dumpster services.
    (2) 
    Type IR collection/disposal license.
    (a) 
    Applicants who are engaged in the business of collecting only Source-Separated Recyclables pursuant to contracts with owners or tenants of property are required to obtain a Type IR collection/disposal license to engage in such collection or disposal within the Town.
    (b) 
    The holder of a Type IR license may collect materials such as corrugated paper, high-grade paper and Construction and Demolition Debris which has been Source-Separated and placed into a separate container for collection and recycling or reuse and which will be recycled or reused. Each container used must be plainly marked as being for Recyclables only and may not be used for nonrecyclables. The holder of a Type IR license may not collect any container with nonrecyclables or mixed loads, even if the predominant material in such container is one or more Recyclables.
    (3) 
    Type II collection/disposal license. Applicants who are engaged in the collection and/or disposal of Acceptable Waste and Recyclables only as an accessory to their business are required to obtain a Type II collection/disposal license to engage in such collection or disposal within the Town. Such Persons include but are not limited to landscaping businesses and home improvement companies.
    (4) 
    Type III disposal license. Commercial establishments, other than those specifically excepted by the Commissioner, which dispose of their own Acceptable Waste and/or Recyclables are required to obtain a Type III disposal license.
    (5) 
    Type IV disposal license. Charitable, fraternal and religious organizations which maintain established meeting places within the incorporated or unincorporated areas of the Town of North Hempstead shall also qualify for a Type IV license and not-for-profit property owners' associations operating principally within the Town of North Hempstead.
    (6) 
    Type V collection/disposal license. Applicants who are engaged in accepting and processing yard waste (as the term is defined by § 70-231 of the Town Code) are required to obtain a Type V collection/disposal license. A Type V collection/disposal license is a prerequisite to obtaining a permit from the New York State Department of Environmental Conservation. Any applicant holding a Type V collection/disposal license shall comply with the following regulations:
    (a) 
    No Yard Waste Acceptance and Processing Facility shall be operated unless it has obtained a permit pursuant to § 46-4C of this chapter and is in compliance with the terms thereof, this section, and any other applicable law, rule, or regulation.
    (b) 
    A Yard Waste Acceptance and Processing Facility shall be operated and maintained in a safe and sanitary manner so as to avoid any nuisance or hazard to public health or safety, and in a manner consistent with the approved site and operating plan.
    (c) 
    The Yard Waste Acceptance and Processing Facility shall be operated and maintained in a manner consistent with the site plan submitted to the Authority.
    (d) 
    The Yard Waste Acceptance and Processing Facility shall be operated and maintained in a manner consistent with the engineer's report submitted to and approved by the Authority.
    (e) 
    Rules and operations of a Yard Waste Acceptance and Processing Facility license.
    [1] 
    The Licensee shall comply with the provisions of § 70-188 of the Town Code when operating a Yard Waste Acceptance and Processing Facility.
    [2] 
    The Licensee shall prohibit any yard waste transport vehicle required to be licensed or permitted pursuant to § 46-4 of this chapter from depositing yard waste or removing yard waste from the Yard Waste Acceptance and Processing Facility, unless the yard waste transport vehicle is appropriately licensed or permitted.
    [3] 
    Entrance into or exit from the Yard Waste Acceptance and Processing Facility by a yard waste transport vehicle shall be permitted only when an attendant or vehicle guide person is on duty. The loading or unloading of any yard waste transport vehicle shall be continuously supervised by an attendant or vehicle guide person to avoid unauthorized deposit or removal of yard waste and injury to persons in or around such station.
    [4] 
    The Licensee shall regularly schedule and provide equipment maintenance.
    [5] 
    The Licensee shall maintain operational records, including, but not limited to, the documentation of all incoming and outgoing yard waste materials accepted at the Yard Waste Acceptance and Processing Facility, contaminants removed and the final destination and disposition of all outgoing yard waste and contaminants.
    [6] 
    Within three hours of when operations at the facility have terminated, the tipping area of all Yard Waste Acceptance and Processing Facilities shall be free of yard waste and any contaminants and the tipping floor shall have been thoroughly cleaned, swept, washed and deodorized.
    [7] 
    Waste shall be received, processed, compacted and stored only in areas specifically designated.
    [8] 
    Storage of any and all equipment used in the operation of the yard waste recycling facility shall be in accordance with § 70-212 of the Code.
    [9] 
    Noise levels generated by the operation of the Yard Waste Acceptance and Processing Facilities must be controlled in accordance with § 38-3B(7)(a)(1).
    [10] 
    Mufflers are required on all internal-combustion-powered equipment used at the Yard Waste Acceptance and Processing Facility and Tier 4 compliant emission controls.
    [11] 
    A sign showing hours of operation, indicating hazardous waste, industrial waste, medical waste, liquid waste, and asbestos waste are prohibited from being accepted at the facility, the type of permits held by the facility, the expiration date of its permits to operate and the Authority's complaint telephone number. The signs shall be located so that they are visible to any vehicles and/or person approaching the facility.
    [12] 
    The Licensee shall prevent litter or waste from accumulating on the streets or other areas abutting the Yard Waste Acceptance and Processing Facility.
    [13] 
    The allowable volume at any Yard Waste Acceptance and Processing Facility shall be calculated by the Authority and shall be based on the storage capacity (estimated in total cubic yardage) of the yard waste acceptance and processing facilities. In no event shall such allowable volume exceed that granted by the New York State Department of Environmental Conservation.
    [14] 
    Effective January 1, 2020, The Yard Waste Acceptance and Processing Facility may only accept yard waste from landscapers licensed by the Town of North Hempstead pursuant to Chapter 38A of the Town Code, unless the yard waste is being delivered by a municipal agency using its own forces.
    C. 
    License procedure. Every applicant shall file a written verified application with the Town Clerk in such form and containing such information as the Town Clerk shall prescribe. Such information may include a list of the customers of the applicant, a list and map of the routes of the applicant, the volume of waste collected by it, the identity and relevant information as to the officers, partners and shareholders of an applicant, and the name of any affiliated or related companies engaged or formerly engaged in waste collection.
    D. 
    Insurance and deposit. Before a license or permit may be issued by the Town Clerk, each applicant other than a municipality applying for a collection/disposal or disposal license shall file with the Town Clerk the following:
    (1) 
    Proof of the following insurance coverage consisting of a certificate of the insurance carrier:
    (a) 
    Workers' compensation insurance.
    (b) 
    Disability benefits insurance.
    (c) 
    Comprehensive general liability/property damage in the combined single limit of, for Type I Licensees, $5,000,000, or for other licensees, $1,000,000, naming the Town and the Authority as additional insured.
    (d) 
    Automobile bodily injury liability of, for Type I Licensees, $1,000,000 (per person)/$1,000,000 (per accident), or for other licensees, $1,000,000 (per Person)/$1,000,000 (per accident), and $1,000,000 property damage.
    (e) 
    Certificate cancellation requiring 30 days' written notice to the Town Clerk.
    (2) 
    Cash deposit or bond.
    (a) 
    A cash deposit or a bond from a surety company that meets the following two criteria:
    [1] 
    The company must be an admitted carrier in the State of New York.
    [2] 
    The company must have a New York State admitted carrier holding of an "A" rating from AM Best Company or equivalent.
    (b) 
    The cash deposit or bond must be in an amount equal to 250% of the average monthly charges for use of a Solid Waste Management Facility by the applicant during the previous year; or if the applicant has not used a Solid Waste Management Facility, the cash deposit or bond shall be in the amount of 250% of the estimated monthly charges to be incurred by the applicant during the current year. The Commissioner or Town Clerk may reduce the amount of the cash deposit or bond required if an applicant demonstrates that it will not have, during the licensing year, contracts for the collection of waste which it held during the prior year and has not obtained other contracts to substantially replace the lost waste. The Commissioner or the Town Clerk may eliminate the amount of the cash deposit or bond required, in the form of a bond waiver, if an applicant demonstrates that its corporation, limited-liability company, partnership and/or sole proprietorship is not in the collection of any Acceptable Waste currently mandated pursuant to this article, to be delivered and disposed of at a publicly owned Solid Waste Management Facility designated by the Commissioner. The Commissioner and Town Clerk reserve the right to suspend or revoke this bond waiver in the event that the previously exempted Acceptable Waste is subsequently required to be delivered and disposed of at a publicly owned Solid Waste Management Facility designated by the Commissioner pursuant to this article. A bond waiver in a format acceptable to the Town must be completed by the applicant and approved by either the Commissioner or the Town Clerk. The Commissioner or Town Clerk may also require a Licensee to increase its cash deposit or bond during a year to 250% of a monthly charge if it incurs charges in any single month in excess of 40% of the amount of its cash deposit or bond. Notwithstanding the foregoing, the minimum cash deposit or bond shall be in the amount of $20,000 for a Type I collection/disposal license, $5,000 for a Type IR collection/disposal license and $3,000 for Type II and Type III collection/disposal licenses. No deposit will be required from applicants for Type IV disposal licenses.
    [Amended 4-6-2010 by L.L. No. 2-2010]
    [1] 
    In the event that a penalty is assessed pursuant to the provisions of this chapter, the Commissioner or Town Clerk may deduct the amount of such penalty from the cash deposit.
    [2] 
    The Licensee must maintain the required cash deposit or bond at all times, and failure to maintain said cash deposit or bond after three days' notice and demand will allow the Town Clerk to suspend such Person's license. The Town Clerk shall also be entitled to suspend the license of any Licensee which is more than 30 days late on payment of any bill for disposal from the Authority.
    E. 
    Every Licensee shall keep such records and accounts as the Commissioner shall require and shall provide the Commissioner with such reports upon a form supplied by the Commissioner.
    F. 
    The Commissioner or Town Clerk shall have the right to inspect books of account and records maintained by the Licensee.
    G. 
    Issuance of licenses and permits.
    (1) 
    Licenses and permits required by this chapter shall be issued by the Town Clerk following a review and approval of an application and upon payment by the applicant of a fee in accordance with the fee schedule set forth below:
    [Amended 3-19-2019 by L.L. No. 7-2019]
    (a) 
    Fee for Type I collection/disposal license. The fee for a Type I collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle. For each additional vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste, the permit fee shall be shown in the Town of North Hempstead Fee Schedule. The permit fee for each compactor or open box shall be shown in the Town of North Hempstead Fee Schedule.
    (b) 
    Fee for Type II collection/disposal license. The fee for a Type II collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste. For each additional vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste, the fee shall be shown in the Town of North Hempstead Fee Schedule.
    (c) 
    Fee for Type III disposal license. The fee for a Type III disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste. For each additional vehicle used by the applicant in the collection, transportation or disposal of Acceptable Waste, the fee shall be shown in the Town of North Hempstead Fee Schedule.
    (d) 
    Fee for Type IV disposal license. The fee for a Type IV disposal license shall be shown in the Town of North Hempstead Fee Schedule.
    (e) 
    Fee for Type IR collection/disposal license. The fee for a Type IR collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which will include a permit for one vehicle. For each additional vehicle used by the applicant in the collection, transportation or disposal of Recyclables, the permit fee shall be shown in the Town of North Hempstead Fee Schedule. The permit fee for each compactor or open box shall be shown in the Town of North Hempstead Fee Schedule.
    (f) 
    Fee for Type V collection/disposal license. The fee for a Type V collection/disposal license shall be shown in the Town of North Hempstead Fee Schedule, which shall include a license for one Yard Waste Acceptance and Processing Facility.
    (2) 
    Upon filing of an affidavit and such other proof as may be required by the Commissioner, a substitute permit or replacement of a lost permit may be issued upon the payment of a fee of $25.
    (3) 
    Each vehicle license issued pursuant to this chapter shall be issued as of the date of the granting thereof and shall expire on the 31st day of December next succeeding such date, unless sooner suspended or revoked; provided, however, that a Type V collection/disposal licenses shall be issued as of the date of the granting thereof and shall expire on the third succeeding 31st day of December, unless sooner suspended or revoked. Each license/permit for a Container or open box issued pursuant to this chapter shall expire two years from the 31st day of December in the year in which such license/permit was issued, unless sooner suspended or revoked.
    [Amended 4-6-2010 by L.L. No. 2-2010; 3-19-2019 by L.L. No. 7-2019]
    (4) 
    No license shall be issued to any applicant if either its Solid Waste license has been revoked or is under a suspension, or if the applicant is affiliated with or under common ownership or control with a company whose Solid Waste license has been revoked or is under a suspension. The Town Clerk shall be entitled to all relevant information, including sworn statements, to ascertain whether an applicant is affiliated with or under common ownership or control with another company. "Control" shall mean either legal or de facto control. Where more than four years have elapsed from the date of a revocation of a license, the Town Board may by resolution waive the prohibition in this Subsection G(4) if it determines that issuance of a license will be in the public interest.
    H. 
    Acceptance of license. Acceptance of a license issued under this chapter shall be deemed a contract by the holder thereof to abide by the provisions of this chapter. In the event that the holder shall be in breach of such undertaking, the Town, in addition to all other remedies herein, shall be entitled to such liquidated damages as may be provided for in such license.