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 North Hempstead
 Code of Ordinances
 Chapter 46. Sanitation
 Article II. Solid Waste Management

  § 46-14. Collection and disposal of Acceptable Waste.  

Latest version.
  • A. 
    Requirements for Preparation, Collection, and Disposal of Residential Acceptable Waste. ("Collector," as used in this section, shall include Villages with Village-owned or -leased and -operated sanitation vehicles.)
    (1) 
    In order to provide for public health and safety, each Resident shall provide for the separation of Acceptable Waste from all other types of waste and shall provide for the placement of such Acceptable Waste into a suitable container at Curbside for collection by a Collector.
    (2) 
    All Acceptable Waste placed at Curbside for collection by a Collector must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    (3) 
    All Bulky Scrap Metals must be separately placed at Curbside for collection by a Collector. Such Bulky Scrap Metals must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    B. 
    Requirements for Preparation, Collection and Disposal of Residential Recyclables.
    (1) 
    Pursuant to § 46-11.1 of this chapter, Residents shall separate their Recyclables from all other types of waste and shall provide for the placement of such separated Recyclables into separate containers.
    (2) 
    All Recyclables placed at Curbside for collection must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    (3) 
    All Recyclables prepared in accordance with § 46-11.2 of this chapter and placed at Curbside for collection must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    C. 
    Requirements for Preparation, Collection and Disposal of Residential Yard Waste.
    (1) 
    In order to provide for public health and safety, Residents shall prepare Yard Waste for collection in accordance with § 46-11.1 of this chapter.
    (2) 
    All Yard Waste placed at Curbside for collection must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    (3) 
    This section shall not prohibit private, noncommercial composting of Yard Waste or mulching of leaves, grass clippings and cuttings.
    D. 
    Requirements for Preparation, Collection and Disposal of Construction and Demolition Debris.
    (1) 
    In order to provide for public health and safety, all Construction and Demolition Debris that has been placed into a Dumpster Container or other suitable container for collection by a Collector or otherwise collected by a Collector must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    (2) 
    In order to facilitate the conservation of vital, natural resources through recycling, each Person shall separate his or her Construction and Demolition Debris from all other types of waste and shall provide for the placement of such separated Construction and Demolition Debris into a Dumpster Container or other separate suitable containers.
    E. 
    Requirements for Preparation, Collection and Disposal of Commercial Waste.
    (1) 
    In order to provide for public health and safety, each Commercial entity that generates Commercial Waste shall provide for the separation of such waste into its recyclable and nonrecyclable components and shall provide for the placement of such waste into a Dumpster Container or other suitable container and place such container at Curbside for collection by a Collector.
    (2) 
    All such Commercial Waste placed at Curbside for collection by a Collector must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    (3) 
    All Bulky Scrap Metals must be separately placed at Curbside for collection by a Collector. Such Bulky Scrap Metals must be delivered to the publicly owned Solid Waste Management Facility designated by the Commissioner.
    F. 
    Requirements for Preparation, Collection and Disposal of Commercial Recyclables.
    (1) 
    In order to provide for public health and safety, each Commercial entity shall prepare Recyclables for collection in accordance with § 46-11.3 of this chapter.
    (2) 
    All Recyclables placed at Curbside for collection must be delivered to a publicly owned Solid Waste Management Facility designated by the Commissioner.
    (3) 
    The provisions of this section shall not apply to any Commercial entity having in place a recycling program approved by the Authority.
    G. 
    Prohibition Against Unauthorized Dumping and Scavenging.
    (1) 
    It shall be a violation of this chapter for any Person to place for the purpose of collection Solid Waste, Recyclables or Yard Waste at a property other than the property generating said material.
    (2) 
    It shall be a violation of this chapter for any Person to place Solid Waste, Recyclables or Yard Waste in Dumpster Containers and/or containers designated for Solid Waste use by Commercial and/or industrial establishments.
    (3) 
    It shall be a violation of this chapter for any Person to bury and/or bury Solid Waste on public or private property, unless authorized by the applicable municipality.
    (4) 
    It shall be a violation of this chapter for any Person to throw, dump, deposit or place Solid Waste, Recyclables and/or Yard Waste along the roadside or on public and/or private property within the Town.
    (5) 
    It shall be a violation of this chapter for any Person to cause to be thrown, dumped, deposited or placed Solid Waste, Recyclables or Yard Waste along any public or private road or on lands bordering such roads.
    (6) 
    It shall be a violation of this chapter for any Person to burn, break, destroy, scatter, scavenge, collect or take any Recyclables without the consent of the owner of such materials.
    H. 
    No Person holding or required to hold a license pursuant to § 46-4 of this chapter shall deposit, deliver, store or process any Acceptable Waste or Recyclables which were generated or originated within the Town other than at a publicly owned Solid Waste Management Facility designated by the Commissioner.
    I. 
    Except as may be provided by the Commissioner and except as provided elsewhere herein, no Person required to hold a license pursuant to § 46-4 of this chapter, other than a municipality, may collect any Acceptable Waste or Recyclables within the Town, including the municipalities located wholly or in part therein, without such a license.
    J. 
    Except as may be provided by the Commissioner and except as provided elsewhere herein, no Person required to hold a license pursuant to § 46-4 of this chapter, other than the Authority and any Person acting pursuant to a contract with the Authority, may dispose of any Acceptable Waste within the Town, including municipalities located wholly or in part therein, without such a license.
    K. 
    Nothing contained in this chapter shall be deemed or interpreted to prohibit any municipality located wholly or in part within the Town from itself engaging in the collection or transportation of Acceptable Waste which was originated, generated or located within such municipality; provided, however, that all Acceptable Waste so collected and transported shall be disposed of only at a publicly owned Solid Waste Management Facility designated by the Commissioner.
    L. 
    Nothing contained in this chapter shall be deemed or interpreted to prohibit the Town, or municipalities located wholly or in part therein, from adopting or implementing programs to reduce the volume of Solid Waste, including composting and recycling programs.
    M. 
    Nothing contained in this chapter shall be deemed or interpreted to exempt any Person from any other applicable permitting or licensing requirements or rules or regulations, not inconsistent with this chapter, of the Town, municipalities within the Town or any other governmental entity.
    N. 
    Except as may be provided by the Commissioner, no Person shall enter into a contract for collection or disposal of Acceptable Waste located within the Town, including municipalities located wholly or in part therein, with a Person required to be licensed pursuant to § 46-4 of this chapter unless such Person holds such a license.
    O. 
    No Person, other than the Authority or a Person acting pursuant to an agreement with the Authority, disposing of Acceptable Waste at any Solid Waste Management Facility located within the Town shall have any interest in recovered materials or energy derived from such Acceptable Waste so disposed.
    P. 
    Except as provided by the Commissioner, any Acceptable Waste which was generated, originated or collected outside of the Town may not be deposited or disposed of at any Solid Waste Management Facility located within the Town.
    Q. 
    Nothing contained in this chapter shall prevent the Authority or any Person acting pursuant to any agreement with the Authority from delivering and/or disposing of Acceptable Waste or Recyclables that were generated or originated within the Town outside the territorial limits of the Town.
    R. 
    It shall be a violation of this chapter for any Person to place at Curbside for collection any appliance containing freon, where such appliance has been crushed or otherwise handled in a manner that allows freon to escape into the atmosphere.
Amended 4-6-2010 by L.L. No. 2-2010