Town of Brookhaven Solid Waste Management Law

§45-2 BROOKHAVEN CODE § 45-2
AUTHORIZED COMMERCIAL RECEPTACLE - A litter storage and collection
container which is durable, rust-resistant, nonabsorbent, watertight and capable of being
closed to prevent scattering of the contents and which is used for the storage of litter
emanating from nonresidential sources.
AUTIIORIZED· PRIVATE RECEPTACLE - A litter storage and collection container
which is durable, rust-resistant and capable of being tightly sealed. Receptacles used for
storage of garbage shall, in addition thereto, be nonabsorbent, watertight and equipped
with handles and shall not exceed 30 gallons in capacity or 100 pounds in weight. Plastic
bags that are heavy enough to contain garbage without breaking are pennitted, provided
that they are tightly sealed. Paper bags shall be deemed "authorized private receptacles"
for the storage and coUection of grass cuttings and leaves. Grass cuttings, leaves and
other inoffensive materials may be stored in heaps or piles within barriers constructed of
boards, slats or wire for reduction to compost for use on the premises. provided that no
odors are pennitted to emanate therefrom nor other nuisances to develop.
COMMERCIAL HANDBnL - Any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise
reproduced original or copies of any matter or literature which: .
(1) Advertises for the sale of any merchandise, produce, commodity or thing;
(2) Directs attention to any business or mercantile or conunercial establishment or any
other activity for the purpose of either directly or indirectly promoting the interest
thereof by sales;
(3) Directs attention to or advertises any meeting, theatrical perfonnance. exhibition or
event of any kind for which an admission fee is charged for the purpose of private
gain or profit; or
(4) While containing reading matter other than advertising matter. is predominantly
and essentially an advertisement and is distributed or circulated for advertising
purposes or for the private benefit and gain of any person so engaged as advertiser
or distributor.
COMMISSIONER - The Commissioner of the Depanment of Waste Management of
the Town of Brookhaven. [Amended 7·7-1987 by L.L. No. 13·1987]
DUMPSTER - A Jitter storage and collection container of two cubic yards or greater in
capacity. which is designed to be emptied by a forklift or forldift truck. [Added
11-17-1987 by LL No. 31-1987]
EXPLOSIVES - Any chemical compound or a mechanical mixture that is commonly
used or intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such proportions, quantities or
packing that an ignition by fIre, by friction, by concussion, by percussion or by detonator
of any part of the compound or mixture may cause such a sudden generation of highly
heated gases that the resultant gaseous pressures are capable of producing destructive
effects on contiguous objects or of destroying life or limb.
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§ 45·2 SANITATION § 45-2
GARBAGE - Putrescible animal and vegetable wastes resulting from the handling,
preparation. cooking and consumption of food.
HAZARDOUS WASTE - [Amended '·'·lm by LL. No. 13.1987]:
(1) A solid waste or a combination of solid wastes which, because of its quantity,
concentration or physical, chemical or infectious characteristics, may:
(a) Cause or significantly contribute to an increase in mortaliJ}' or an increase in
serious, irreversible or incapacitating reversible illness; or
(b) Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported or disposed of or
otherwise managed.
(2) Such wastes shall include but are not limited to explosives. hazardous radioactive
materials, toxic substances and those substances which the Commissioner has
identified as hazardous wastes PUl"SWIllt to the above criteria and has included on a
list of hazardous waste promulgated by the Department .
liQUID WASTE - The liquid and waste solids contained in subsurface sewage
disposal systems and appurtenances, waste sludges generated at sewage treatment plants
and wastewater from laundry operations and industrial wastewater.
LITTER - All waste material, including plastic six-pack holders, rubbish, liquid waste
and garbage, which tends to create a danger to public health, safety and welfare and/or
which creates an unsightly condition. [Amended 11·21·2000 by L.L. No. 15.2000,
effective 11-27-2000]
NEWSPAPER - Any newspaper of general circulation as defined by general law, any
newspaper duly entered with the Post Office Department of the United States in
accordance with federal statute or regulation and any newspaper filed and recorded with
any recording officer as provided by general law and, in addition thereto, shall mean and
include any periodical or current magazine regularly published in not less than four
issues per year and sold to the public.
NONCOMMERCIAL HANJ?BILL - Any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet or any
other printed or otherwise reproduced original or copy of any matter of literature which
does Dot constitute a commercial handbill or newspaper as these items are Mmed in this
section.
PERSON - Any person, firm, partnership, association. ptivate or municipal
corporation, company or organization of any kind
PRIVATE PROPERTY - Any vacant land held in private ownership and any yard,
grounds, walk. driveway or private parking area belonging to or appurtenant to any other
privately owned dwelling. house, building or other structure.
PUBliC DISPOSAL FAcn...rI'Y - An area or facility designated for disposal, storage
and/or collection ofsolid or liquid waste, which is owned and/or maintained by the Town
of·Brookhaven or other nwnicipal agencies and which has been designated as being for
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§45-4 SANITATION §45-5
the same manner as the Chief Building Inspector is authorized to proceed under
Article m of Chapter 73 of the Code of the Town of Brookhaven to render the site
safe and free of litter and/or hazardous waste.
H. Dumping prohibited. It shall be unlawful for any person, his or her agent, employee or
any person under his or her control to suffer or permit any garbage, hazardous waste,
liquid waste, litter, rubbish, solid waste, construction or demolition debris, whether
processed or not or debris of any sort or any other organic or inorganic material or other
offensive matter being tnmsported in a dump truck or other vehicle to be dumped,
deposited or otherwise disposed of in or upon any street, lot, park, public place or other
area whether publicly or privately owned. except for the disposing of solid waste at a
public disposal facility or a private disposal facility permitted and licensed by the Town
of Brookhaven and wben in accordance with the rules and regulations governing the use
of said public or private disposal facility. Causing a quantity of litter, measuring less than
10 square feet in area, to be placed or thrown upon the ground shall Dot be deemed
dumping. [Amended 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
§ 45-5. Distribution of handbills.
A. Distribution on public property. No person shall throw or .deposit any commercial or
noncommercial handbill in or upon any sidewalIc. street or other public property within
the Town, nor shall any person hand out or distribute or sell any commerciaJ handbill in
or on any public property; however, it shall be lawful for any person to hand out or
distribute a noncommercial handbill. on public property, provided that there is no charge
to the recipient thereof and tha1 the recipient is willing to accept the handbill. [Amended
6-18·2002 by L.L. No. 14-2002, effective 6-24-2002]
B. Distribution to vehicles: No person shall throw or deposit any conunerciaJ or
noncommercial handbill in or upon any vehicle; provided, however, that it shall not be
unlawful on any public property for a person to hand out or distribute. without charge to
the receiver thereof, a nonconunercial handbill to any occupant of a vehicle who is
willing to accept it.
C. Distribution on uninhabited or vacant private property. No person shall throw or deposit
any conunercial or noncommercial handbill in or upon any private property which is
temporarily or continuously unoccupied or vacant.
D. Distribution on inhabited private property. No person shall throw, deposit or distribute
any commercial or noncommercial handbiJI in or upon private property within the Town
unless the person distributing such handbill obtains the written consent of the person
owning or occupying the property. However, this prohibition shall Dot apply to the
distribution of advertising materials through the mail nor to newspapers nor to the
distribution of advertising material by any charitable organization and/or for nonprofit
organizations, except that these newspapers and all such advertising materials shall be
placed on private property in such a manner as to prevent their being carried or deposited
by the elements upon any street, sidewalk or other public property or upon private
property.
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§ 45-7.4 BROOKHAVEN CODE § 45-7.4
(8) The applicant or permittee has violated any of the provisions of this chapter or has
failed to comply with any of the requirements stipulated herein.
(9) The applicant or permittee has ceased to operate as a commercial solid (or liquid
waste) coJIector, for which a pennit was previously issued.
(10) The applicant or pennittee has made a false statement in his permit application.
(11) The applicant or permittee has been found, after investigation by the
Commissioner, to haveco))ected waste from outside the Town and to have
disposed of the same in a Town disposal facility without pennission therefor from
the Comnissioner or Town Board.
(l2) The cireumstances of the pennittee have been altered to the extent that the
pennittee would not be qualified to obtain a pennit if the circumstances as altered
existed at the time the pennittee had applied for the permit. Failure of the
pennittee to notify the Commissioner, in writing, of such an alteration in
circumstances shall likewise constitute grounds for revocation or refusal to
recommend.
(13) The permittee has been found, after investigation by the Commissioner. to have
disposed of liquid waste upon the sUlface of the ground within the Town or within
the waterways of the Town or in a disposal facility not approved for such use by
the New York State Department of Environmental Conservation.
(14) The pennittee has been found, after investigation by the Commissioner, to have
violated any of the posted rules pertaining to safe operation of the Town-owned
and/or maintained public disposal facilities.
B. Notice of the hearing for the suspension and/or revocation of a pennit must be given in
writing, expressly setting forth the grounds of the complaint and the time and place of
the hearing. Such notice shan be executed by the Commissioner and shall be mailed to
the permittee at the address supplied to the Conunissioner during the application process
at least five business days prior to the hearing date.
C. Hearings shaH be held before a designee of the Commissioner and a record of the
proceeding must be made. Said hearing shall be conducted in a manner in which the
accused pennittee is afforded an opportunity to be heard. Thereafter, and within 21
business days of the conclusion of the hearing. the Commissioner shall maiJ a written
decision to the accused holder that includes the determination of the Connnissioner's
designee.
D. Upon revocation of any pennit under this chapter, no refund of any portion of the permit
fee paid pursuant to § 45-7.2 shall be made to the pennittee and pennittee shan
immediately return any vehicular tag issued with the permit and shall immediately cease
any and an business activity fonnedy authorized by the pennit.
E. The Commissioner. in addition to the grounds set forth in this chapter or any other law
or olrlinance, may refuse to issue a pennit where one or more of the grounds listed in
§ 45-7.4 are found to exist.
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§ 45-7.4 SANITATION § 45-10
F. The refusal. revocation, and/or suspension of a permit issued under the provision of this
chapter shall be subject to review by any court of competent jurisdiction.
§ 45-8. Failure to perfonn collection of solid waste. [Amended 6-18-2002 by L.L. No.
14-2002, effective 6-24-2002]
It shall be the duty of each pennittee authorized to collect solid waste pursuant to § 45-7A to
effect the collection of solid waste on the days and at the places as specified on the permit
application. In the event that the pemtittee fails to effect said collections for a period of 48
hours after the due date of said collection, exclusive of Saturdays, Sundays or holidays. the
Town shaH have the right to provide for substitute collection. The imposition of substituted
collection shall be subject to the fonowing:
A. The Town shaH give to the permittee written notice by certified mail of his failure to
coUect and of the Town's intention to invoke substituted collection. The Town shall take
no action until 24 hours after said notice has been mailed to the permittee.
B. In the event that the failure to effect coJIections is caused by a strike, an act of God or a
state of emergency, the penalties imposed by virtue of substituted collection shall not be
applicable.
C. The fee to be charged against the deposit of the permittee shall be $75 for every hour of
labor required to effect substituted collection, with a required minimum of four hours of
labor.
D. A pennittee appointed by the Town to make substituted collection shall be paid only
upon receipt by the Town of a voucher submitted by the substituted permittee and of
written verification thereof to be issued by the Department of Waste Management of the
Town of Brookhaven.
E. The Town Attorney is hereby authorized to recover any costs incurred by the Town as a
result of effecting substituted collection. by conunencement of an action in the
.appropriate court against the pennittee, property owner or such other responsible person
as may be appropriate.
§ 45-9. Hours of coUection. [Amended 6-18-2002 by L.L. No. 14-2002, effective
6-24·20021
It shall be unlawful for any person engaged in the business of collecting solid or liquid waste
within the Town of Brookhaven to make such collection before 6:00 a.m. or after 10:00 p.rn.
of any day.
§ 45-10. Waste disposal regulations. [Amended 7-7-1987 by L.L. No-I3-1987; 11-21·1989
by L.L. No. 29-1989, effective 11-27-1989; 11-19-1991 by L.L. No. 8-1991, effective
11-25-1991; 6-18-2002 by L.L. No. 14-2002, effective 6-24-2002]
A. Disposal facility fees, failure to pay. The Commissioner or his representative is hereby
empowered to collect fees for the use of all public disposal facilities. The amount of the
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§ 45-10 BROOKHAVEN CODE
fees and the manner of their collection is to be detennined by resolution of the Town
Board of the Town of Brookhaven. All persons disposing of solid waste at a public
disposal facility shall pay the fee therefor, unless said fee is waived by the Commissioner
or the Town Board. The failure or refusal to pay disposal facility fees unless said fees
have been waived as set fonh herein. shall constitute a violation of this chapter. A person
to whom a pennit has been issued pursuant to § 45-7 of this chapteT and who disposes of
solid waste at a public disposal facility may deposit with the Department of Waste
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§ 45-10 SANITATION § 45-10
Management a surety bond or other guarantee of payment in a fonn and amount
satisfactory to the Conunissioner.
B. Any person who shall dispose of any liquid or solid waste in any public disposal facility
shall do so only during the times designated by the Connnissioner, in a manner directed
by the Commissioner or his representative and in compliance with any and all rules and
regulations established by the Commissioner for the safe operation of such facility.
C. Discretion of Conunissioner. Notwithstanding any other provision of this chapter, the
Commissioner may refuse to permit the disposal of waste products at a disposal area, the
disposal of which he determined may endanger the environment. property or the health
and welfare of the general public. The Commissioner may also designate which public
disposal facility is to be used for the disposal of certain categories of waste product. No
person shall make use of any public disposal facility in contravention of such refusal or
designation of the Commissioner.
D. Hazardous waste prohibited. No person shall dispose of any hazardous waste at or on any
public disposal facility.
E. Foreign materials prohibited It shall be unlawful to dispose of, deposit, dump or store
solid or liquid waste generated or collected from outside the Town in any public disposal
facility unless specifically authorized, in writing. by the Commissioner. Disposal.
depositing. dumping or storing of solid or liquid waste pursuant to such authorization
shall be perfonned subject to such conditions and safeguards as the Commissioner may
deem appropriate.
F. Private disposal areas prohibited. No person shall establish or maintain a privately owned
solid or liquid waste disposal area or facility within the Town except when authorized by
special permit from the Town Board subsequent to a public hearing, subject to any
applicable provisions of Chapter 85, Zoning, of the Code of the Town of Brookhaven
and to such other conditions and safeguards as the Town Board may deem appropriate.
G. It shall be unlawful to transport, cany or convey solid waste collected from outside of
the Town or a hazardous waste into or within a Town solid waste management facility
except pursuant to the express prior written authorization of the Commissioner.
R Only residents of the Town and persons holding permits issued by the Commissioner
shall be permitted to bring or send solid wastes to the Town solid waste management
facilities. Nothing herein contained shall prohibit schools, religious organizations or
similar institutions located within the Town which are tax-exempt from bringing or
sending solid wastes to the Town solid waste management facilities, provided that the
institutions enumerated herein possess Suffolk County Department of Health Services
approval for any vehicle used to transpon solid waste. AlI persons in the business of
collecting and disposing of solid waste or who are collecting and disposing of solid waste
for hire or profit must secure the proper pennits from the Commissioner and the Suffolk
County Department of Health Services to be entitled to bring or send solid waste to a
Town solid waste management disposal facility.
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§ 46-7 BROOKHAYEN CODE § 46-9
of newspaper and any other designated recyclable material included in the curbside
program from all non-physically-disabled residents of multiresidential complexes.
.B. The owner. manager or superintendent of every multiresidential complex subject to
Subsection A above shall provide and maintain. in a neat and sanitary condition.
recycling collection areas to receive newspaper and other designated recyclables included
in the curbside program which are generated by residents of the complex. In cases where
a condominium, cooperative, homeowners' or similar association exists, the association
shall be responsible for provision and maintenance of the recycling collection areas. Said
recycling collection areas shall be constructed and capable of receiving newspaper within
180 days of the establishment of the curbside program and any and all other designated
recyclables as may be included in or added to the curbside program within 180 days of
such inclusion or in addition to the curbside program.
C. Once the recycling collection area for a particular multiresidential complex has been
constructed and is capable of receiving newspaper and other designated recyclables as
may be included in or added to the curbside program. all non-physically-disabled
residents. of such complex shall source separate such materials by placing them in the
appropriate containers or areas within the collection area.
D. The owner, manager or superintendent of each multiresidential complex subject to
Subsection A above shall arrange for the collection for recycling of newspaper and other
designated recyclables from the recycling collection areas. .
E. The number and design of the recycling collection areas required by this section for each
ImLltiresidential complex shall be consistent with guidelines provided by the
Commissioner.
§ 46--8. Placement of recyclables in recycling collection areas.
Designated recyclables required to be placed in recycling collection areas pursuant to § 46-7
of this chapter shall be prepared for collection in accordance with regulations promulgated by
the Commissioner.
§ 46·9. Mandatory commercial, industrial and imtitutional source separation program.
A. All commercial, industrial and institutional establishments within a garbage district ,or an
area of the Town subject to a curl>side program established pursuant to § 46-5 of this
chapter shall source separate and arrange for the collection for recycling of: newspaper
within 180 days of the establishment of the curbside program and any and all other
designated recycIables as may be included in or added to such curbside program within
180 days of such inclusion in or addition to the curbside program.
B. Designated recyclables for the mandatory commercial, industrial and institutional source
separation program may consist of the following materials:
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§ 46-16 RECYCLING § 46-20
B. The penalties and remedies prescribed by this chapter shall be deemed concurrent. The
existence or exercise or any remedy shall not prevent this Town from exercising any
other remedy provided by this chapter or otherwise provided at law or equity.
§ 46-17. Construal.
The tenns and provisions of this chapter are to be liberally construed so as best to achieve and
effectuate the goals and purposes hereof.
§ 4'-18. Severability.
The provisions of this chaptet are severable. If any provision of this chapter or its application
to any' person or circumstances is held invalid, said invalidity shall not affect any other
provision or application of this chapter which can be given effect without the invalid
provision or application of the chapter.
§ 46-19. Repealer.
All provisions of any other chapter or ordinance which are inconsistent with the provisions of
this chapter are hereby repealed.
§ 46-20. Effective date•
This chapter shall become effective January I, 1989.
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§ 47-2 BROOKHAVEN CODE § 47-3
groundwaters, except when such disposition is done to satisfy the primary purpose of such
petroleum substance.
MUNICIPAL DEPOTS - Those locations designated by the Director, subject to the
approval of the Town Board, where the residents of the Town of Brookhaven will be
pennitted to discharge waste oil, not in excess of 10 gallons, into approved storage tanks
under the conditions specified by the Director.
On. SEPARATOR - A device or apparatus which is attached to a drain for the purpose of
preventing oil ftom flowing into a disposal system.
OPERATOR - Any person who possesses a license issued or recognized by the New York
Stale Department of Motor Vehides to operate the vehicle used for the transportation of waste
oil and who operates the mechanism which controls the filling and discharging of the storage
tank mounted thereon.
OWNER - Any person, finn or corporation to whom the vehicle used in the transportation
of waste oil is legally registered.
PERSON - An individual. partnership. coIp0I'8tion, society or any other group of persons.
including the officers, directors, stockholders and trustees thereof.
PETROLEUM SUBSTANCES - erode oil and any of the less volatile hydrocarbons
produced from the cracking process and distillation of crude oil, including but not limited to
base oils. bright stoeJc. fuel oils. hearing oils, lube stock and residual fuel oils.
REPAIR SHOP - Any location where the business of automotive maintenance work, repairs
or placement of automotive parts is carried on, but not including those shops operating
exclusively on body and fender work..
SERVICE STATION - That portion of property where flammable or combustible liquids
used as motor fuels are stored or dispensed from fixed equipment into the fuel tanks of motor
vehicles and where services for the changing of motor oil are provided. It shall also include
the sale of accessories and minor automotive maintenance work.
TANK TRUCK - Any motor vehicle. trailer or semitrailer used for the transportation of
waste oil and which, for such purpose, is provided with a tank or tanks mounted on a frame or
chassis of such vehicle or when such tank or tanks are an integral part of such vehicle.
TEMPORARY UCENSE - A license granted by the Director and issued by the Town
Clerk for a limited period of time pending the determination of the Director in the granting or
denial of an approved license.
WASTE On. - Any oil which has been drained from the reservoir wherein it was contained
after having served its useful primary purpose.
§ 47-3. Disposal regulations.
A. It shall be unlaWful for any person to dispose of any petroleum substance unless it is
deposited directly into a

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§ 47-3 PETROLEUM SUBSTANCES, DISPOSmON OF § 47-5
B. It shall be unlawful for any person to permit, sanction or condone any act or condition
which allows any petroleum substance to be disposed of on any ground, pavement or
roadway or to be discharged or seep into any sewer, leaching pool, stream, lake, well·or
other body of water.
C. Each junkyard and each handler, generator or storer of petroleum substances must
conduct any and all activities which involve the disposal of such petroleum substances
upon any impervious surface, such as concrete, and such impezvious surface area must be
surrounded by a two-inch benn.
§ 47-4. Storage regulations.
All waste oils shall be drained and stored in accordance with the following regulations:
A. Service stations.
(l) Oil separators shall be provided by the operator to prevent oit spillage from
flowing into a sewage disposal system. The receptacle of the oil separator shall be
emptied as frequently as necessary. and such oils recovered from the separator
shall be removed and stored as hereafter required.
(2) Oil removed from oil separators and all other waste oil shall be stored in approved
below-ground outside storage tanks. Where ground conditions would make such
installations impractical. the Director may permit an approved aboveground outside
storage tank.
B. Repair shops, junkyards and manufacturing. processing and industrial plants. Waste oil
accumulated from these operations shall be stored in an approved outside storage tank or
in approved metal drums or barrels located outside of the building at locations designated
by the Director or his representative.
c. Other installations. Waste oil drained from any motor, machine or equipment at locations
other than those specified herein may be stored. at the discretion of the Director or his
representative. in approved storage tanks, drums, barrels or five-gallon metal screw-top
containers. All storage receptacles must be located outside of the building at locations
designated by the Director or his representative. .
§ 47-5. Transportation of waste oD.
Transportation of waste oil shall comply with the following:
A It shall be unlawful for any owner of a motor vehicle to permit such vehicle' to transport
waste oil in excess of 10 gallons upon the public roadways of the Town of Brookhaven
without first having obtained a license for each such vehicle, as may be required by this
chapter. from the Director.
B. Each operator of a motor vehicle used for the transportation of waste oil shall be
currently licensed to drive the vehicle, and such license shall be issued or recognized by
the New York State Department of Motor Vehicles.
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§ 47-5 BROOKHAYEN CODE § 47-6
C. All motor vehicles used for transportation of waste oil shall comply with all applicable
provisions of the New York State Vehicle and Traffic Law.
D. Waste oil in excess of 10 gallons transponed on motor vehicles shall be contained in an
approved tank truck, cargo tank or in approved barrels or drums, capped to prevent
spillage. Any and all such cargo tanks shall be adequately supported and securely bolted
or clamped to the frame of such vehicle, except where such tank or tanks are an integral
pan of such vehicle.
E. Waste oil in quantities not exceeding 10 gallons may be transported in approved metal
containers.
F. Spillage or leakage of waste oil shall be considered a violation of this chapter.
G. All connections shall be sufficiently tight to prevent leaks while charging or discharging
waste oil.
H. Each licensee shall maintain dated records of the number of gallons of waste oil collected
from each location and the number of gallons and the locations at which such oil is
delivered. All records of collection and deliveIY shall be readily available upon the
request of the Director or his designated agent.
§ 47-6. licensing; fees.
A Requirements.
(l) The owner of any motor vehicles to be used for the transportation of waste oil in
excess of 10 gallons shall file a separate application and secure a separate license
for each vehicle to be so used.
(2) Upon f"iling an application and payment of the fee stipulated herein. the Director
shall cause to be issued a temporary license to the owner of such vehicle by the
Town Clerk: pending the issuance of an approved license, which shall remain in
effect until such time as the applicant is notified by the Director that the
application for such approved license has been denied. A temporary'license shall
tenninate upon the issuance or denial of an approved license.
(3) Each application shall contain such infonnation as may be deemed necessary by
the Director.
(4) If there is any change, after the filing of an application for a license, in any of the
facts required to be set forth in [he application, a supplemental statement giving
notice of the change or changes duly verified by the applicant shall be filed with
the Director within 10 days after any change. Failure to do so shall, if willful and
deliberate. be considered cause for suspension or revocation of the license.
B. Tenns.
(1) An approved license shall expire one year from the date of issuance of the
temporary license associated with such approved license.
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§ 48-10 BROOKHAVEN CODE
clause, sentence, paragraph, section or part thereof directly involved in the controversy and in
which such judgment shall have been rendered.
48:4
§ 48-10
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§ 204-1 EAST HAMPTON CODE § 204-2
ARTICLE VIII
Town Purchase of Recycled
Products and Materials
§ 204-70. Purchase of recycled products
and materials.
§ 204-71. Symbol or statement of recycled
product.
§§ 204-72 through 204-79. (Reserved)
ARTICLElX
Enforcement; Regulations; Penalties
§ 204-80. Enforcement.
§ 204-81. Promulgation of rules and
regulations.
§ 204-82. Unlawful activities.
§ 204-83. Rejection ofloads; seizure of
evidence.
§ 204-84. Penalties for offenses.
§§ 204-85 through 204-89. (Reserved)
ARTICLE X
Miscellaneous
§ 204-90. Construal ofprovisions.
§ 204-91. Severability.
§ 204-92. Repealer.
§ 204-93. When effective.
[IDSTORY: Adopted by the Town Board of the Town of East Hampton 3-1-1991 by L.L.
No. 1-1991. Amendments noted where applicable.]
Beaches 3Dd parks - See Ch.'1.
Littering and dumping controI-See Ch. 1(,7.
§ 204-1. Title.
GENERAL REFERENCES
ARTIa...EI
General Provisions
Scavenger waste - See Ch. 210.
This chapter may be referred to as the ''Town ofEast Hampton Recycling and Management of
Solid Waste Law."
§ 204-2. Legislative findings.
The Town Board finds that:
A. The reduction of the amount ofsolid waste and the conservation ofrecyclable materials are
important public concerns. A significant amount of recyclable material that could be
removed from the solid waste stream is needlessly discarded each year.
B. The recovery and reuse of recyclable materials, such as newspaper, paper, cardboard,
glass, cans, plastics and yard waste, will:
(1) Protect and enhance the town's physical and visual environment.
(2) Promote the health, safety and well-being of persons and property within the town by
reducing the town's reliance on other solid waste disposal methods.
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§ 204-2 RECYCLING AND SOLID WASTE § 204-5
(3) Facilitate the implementation and operation of a cost-efficient and environmentally
sound solid waste management program.
(4) Conserve natural resources.
C. The enactment by the state Legislature of the Solid Wasle Management Act of 1988 has
created the need for the town to demonstrate its long-term commitment to effective waste
management and requires the town to enact appropriate legislation. The Town Board
declares that the measures taken by the town must establish the most environmentally
sound and economically desirable waste reduction, recycling and reuse programs possible
and should be consistent with or surpass the reduction, recycling and reuse goals
established by New York State.
D. Accordingly, the Town Board finds that to achieve these goals it is necessary to:
(1) Establish a mandatory town-wide recycling program that provides opportunities for
everyone in the town to.recycle;
(2) Promote and increase the demand for recycled goods by all consumers, including the
town and its contractors; and
(3) Encourage and support the use of the resources and skills of local existing and newly
established recycling businesses and local community organizations and members in
effectuating the recycling program.
§ 204-3. Declaration of policy.
It is hereby declared to be the public policy of the town to reduce environmental pollution and
dangers to health; dispose of solid waste generated within the town in the most economical and
environmentally acceptable manner, minimize the size and cost of the proposed solid waste
management program and encourage the conservation of valuable natural resources and energy.
It is the policy of the town to promote the recovery of materials from the town's solid waste
stream for the purpose of recycling such materials and returning them to the economy. This
chapter shall be liberally construed in order to effectuate the purposes set forth in this section.
§ 204-4. Statutory authority for local law•
This local law is adopted. pursuant to § 10 of the Municipal Home Rule Law of the State of
New York.
§ 2()4.5. Definitions.
A. The following words and expressions, where used. in this chapter, shall have the meanings
ascribed to them by this section:
CAN - A container comprised of aluminum, tin, steel or a combination thereof, which
fonnerly contained food and/or beverage.
20403

§ 204-5 RECYCLING AND SOLID WASTE § 204-5
can be disposed of on certain specified days and/or times at the town's recycling center,
pursuant to resolution passed by the Town Board.
LICENSING REVIEW BOARD - The local agency established by Chapter 156 to review
complaints against home improvement contractors, decide upon the validity thereof. and
impose administrative sanctions therefore. These responsibilities are amended to hear
appeals of commercial haulers whose permit applications are denied and to review
complaints against corrunercial carters for the purpose of deciding whether to revoke all
permits allowing them to do business in the town as specified in Chapter 204. The Review
Board shall consist of seven members. [Added 6-25-1996 by L.L. No. 10-1996]
MIXED CONTAINERS - Commingled cans, glass and plastic.
MIXED FIBERS - Commingled newspapers, cardboard and mixed paper.
MIXED PAPER - All office paper, bond paper, photocopy paper, mimeo paper,
magazines, paperback books, school paper, catalogs, junk mail, computer paper, WaX-coated
food and beverage containers, telephone books and similar cellulosic material, but
shall not mean newspaper, food/soiled paper and cardboard.
NEWSPAPER - Includes newsprint and all newspapers and newspaper advertisements,
supplements, comics and enclosures.
PAPER - See "mixed paper:'
PAYING CUSTOMER - An individual or business that pays a fee to a commercial hauler
to collect their solid waste, trash and/or recyclables in East Hampton Town. [Added
6-25-1996 by L.L. No.10-1996J
PERMIT - Due authorization in writing as provided in this chapter which allows a person
to dispose of solid waste and designated recyclables at a town recycling center.
PERSON - Any individual. firm, partnership, company, corporation, association, joint
venture, cooperative enterprise, trust, municipality, other governmental agency or any
other entity or any group of such persons which is recognized by law as the subject of
rights and duties. In any provisions of this local law prescribing a fine, penalty or
imprisonment, the term ''person'' shall include the officers, directors. partners. managers or
persons in charge of a company, corporation or other legal entity having officers. directors,
partners, managers or other persons in charge.
PLASTICS - Containers composed of high-density polyethylene, polyethylene
terephthalate, polyvinyl chlorides or other specific plastics as the Town Board may
designate.
POST-COLLECTION SEPARATION - The separating of designated recyclables from
solid waste materials after the point ofcollection by a commercial hauler.
RECEPTACLES - Containers or bins set out at a town recycling center for the disposal
ofdesignated recyclables.
RECYCLABLE M.ATERlAL - See "designated recyclable materials."
RECYCLING - Any process by which materials are collected. separated and/or
processed, treated, reclaimed, used or reused to produce a raw material or product.
20405

§ 204-5 EAST HAMPTON CODE § 204-5
RECYCLING CENTER - Any combination of structures, machinery and facilities used
for the off-loading, collection, processing, recovery and transport of recyclable and
nonrecyclable materials; it shall also include composting and yard waste processing.
RESIDENT - Any individual residing within the boundaries of the town on a temporary,
seasonal or permanent basis. For purposes of this local law, "resident" does not include
commercial, industrial or institutional establislunents.
RUBBISH - Nonputrescible solid wastes, including but not limited to nonrecyclable
paper, wrappings, cigarettes, bedding, furniture and similar materials which are not
designated recyclable materials.
SELF-HAULERS - Individuals who self-deliver designated recyclables and other solid
waste generated at their residences to the town's recycling center for disposal.
SOLID WASlE - AlI putrescible and nonputrescible materials or substances discarded or
rejected as having served their original intended use or as being spent, useless, worthless or
in excess to the owner at the time of such discard 'or rejection, including, without
limitation, food/soiled paper, rubbish and yard waste. Materials intended for recycling are
also "solid waste" within the meaning ofthis chapter.
SOURCE-SEPARATE - To separate designated recyclable materials from the solid waste
stream at the point ofwaste generation.
TOWN - The Town ofEast Hampton located within the County of Suffolk, State of New
York.
TOWN BOARD - The duly elected and constituted legislative body of the Town of East
Hampton.
TOWN a..ERK - The duly elected Town Clerk of the Town ofEast Hampton.
UNLOADING AREA - A specified area within a town recycling center where self·
haulers and/or commercial haulers shall be directed by town personnel for disposal of
designated recyclables and solid waste.
WlllTE GOODS - Discarded household appliances such as stoves, refrigerators, washing
machines, boilers and other old metal items.
YARD WASTE - Organic yard and garden waste, leaves, grass clippings and brush.
B. Words used in the singular in this chapter shall include the plural, and vice versa. The word
··shall" is always mandatory.
20406

§ 204-24 EAST HAMPTON CODE § 204-33
§§ 204-24 through 204-29. (Reserved)
ARTICLE IV
Recreational Area Recycling
§ 204-30. Recreational area recycling program established.
There is hereby established a program for the separation of designated recyclable materials
from solid waste at the town's recreational areas. Participation in said program is mandatory.
Failure by a person using the recreational area to participate may render that person liable to
penalties set forth in Article IX.
§ 204-31. Designated recyclables.
A. The Town Board. by resolution. shall set forth the recyclable materials to be separated
from all other solid waste.
B. Designated recyclables may include one or more ofthe following categories ofmaterials:
(1) Glass.
(2) Cans.
(3) Plastics.
(4) Other recyclable materials as designated by resolution ofthe Town Board.
e. Resolutions passed by the Town Board pursuant to Subsection A above shall set forth the
effective date for mandatory separation ofthe designated recyc1ables. Publication of notice
of the adoption ofsuch resolutions in the official newspaper ofthe town is required prior to
the effective date.
D. The list of designated recyclables may be amended from time to time; however, at least
once a year. at the Town Board's annual organizational meeting, the Town Board shall pass
a resolution listing the designated recyclables. Said list shall be pUblished in the town's
official newspaper.
§ 204-32. Disposal in appropriate receptacles.
Each person using a town recreational area shall be responsible for disposing of designated
recyclables, separated from other solid waste, into the appropriate receptacles provided at the
town's recreational areas.
§ 204-33. No disposal ofother solid waste.
The only materials that are permitted to be disposed of at the town's recreational areas are
designated recyclable and solid waste generated at said recreational areas. Solid waste and
20410 7-25-2000

§ 204-50 RECYCLING AND SOLID WASTE § 204-50
(2) The cost of a primary self-hauler pennit for a passenger car, station wagon, pickup
truck, van or trailer of three-fourths-ton capacity or less shall be $40 or such other
amount as may be set from time to time by Town Board resolution. The pennit shall
be valid from April 1 to March 31. The pennit amount shall not be prorated,
regardless of the date of purchase. [Amended 12-16-1994 by LL. No. 19-1994;
2-14-2002 by L.L. No. 1-2002]
(3) Each applicant for a primary self-haUler pennit shall submit to the Town Clerk for
inspection one of the following:
(a) A valid New York State vehicle registration card in the name of the applicant,
setting forth an address located within the town, the Village ofEast Hampton or
that portion of the Incorporated Village of Sag Harbor located within the
boundaries ofthe town.
(b) A valid tax receipt stub for the current year in the name of the applicant for any
taxable property within the town, the Village of East Hampton or that portion of
the Incorporated Village of Sag Harbor located within the boundaries of the
town, together with a vehicle registration card in the applicant's name.
(c) A valid voter registration card in the name of the applicant indicating a place of
residence located within the town, the Village ofEast Hampton or that portion of
the Incorporated Village of Sag Harbor located within the boundaries of the
town, together with a vehicle registration card in the applicant's name.
(d) A signed lease in the name of the applicant indicating a place of residence
located within the town, the Village of East Hampton or that portion of the
Incorporated Village of Sag Harbor located within the boundaries of the town,
together with a vehicle registration card in the applicant's name.
B. Secondary self-hauler permit.
(1) Residents who self-haul solid waste and designated recyclables generated at their
residences to a Town recycling center for disposal shall be allowed to purchase one
secondary self-hauler pennit.
(2) The cost of a secondary self-hauler permit for a passenger car, station wagon, pickup
. truck, van or trailer of three-fourths-ton capacity or less shall be $5 or such other
amount as may be set from time to time by Town Board resolution. The permit shall
be valid from April 1 to March 31. The permit amount shall not be prorated,
regardless. ofthe date ofpurchase. [Amended 2-14-2002 by L.L. No. 1-2002]
(3) Each applicant for a secondary self-hauler pennit shall provide the Town Clerk with
the following information:
(a) The full name of the holder of the primary self-hauler permit. The Town Clerk
will use this information to verify the Town Clerk's office records that a primary
self-hauler permit has been previously purchased. This information will also be
used to determine the address listed on the primary self-hauler permit.
(b) The vehicle registration card of the vehicle for which the applicant is purchasing
the secondary self-hauler permit.
20413 8-15-2002

§ 204-50 EAST HAMFTON CODE § 204-50
(c) One of the following documents to establish that the applicant and the holder of
the primary self-hauler permit share the same residence address and are members
of the same household located within the town, Village of East Hampton or that
portion of the Incorporated Village of Sag Harbor located within the boundaries
ofthe town:
[1] A valid driver's license in the name of the applicant.
[2J A valid voter's registration card in the name ofthe applicant.
[3] A valid vehicle registration card in the name ofthe applicant.
[4J A valid tax receipt stub in the name of the applicant for the current year for
taxable property located within the town, the Village of East Hampton or
that portion of the Incorporated Village of Sag Harbor located within the
boundaries of the town.
[5] A marriage certificate issued to the applicant and the holder of the primary
self-hauler pennit.
[6] A utilities statement in the name ofthe applicant.
[7] A signed lease in the name ofthe applicant for property within the town, the
Village of East Hampton or that portion of the Incorporated Village of Sag
Harbor located within the boundaries ofthe town.
[8] Other evidence that meets the satisfaction of the Town Clerk or the Deputy
Town Clerk.
(4) The Town Clerk is authorized to sell only one secondary self-hauler permit for each
primary self-hauler pennit sold.
C. The Town Clerk shall inspect and determine the validity of the qualifications presented.
Upon approval of the presented qualifications and payment of the permit amount. the selfhauler
permit shall be issued and inscribed with the vehicle's license plate number.
D. A self-hauler pennit for a leased vehicle shall be inscribed with the vehicle's license plate
number followed by "(L)." A permit issued for a leased vehicle shall be surrendered to the
Town Clerk when applying for a new permit for a different vehicle.
E. A self-hauler permit shall be pennanently affixed to the vehicle's front bumper.
F. The self-hauler permit shall have an expiration date of March 31. A new permit may be
issued at no cost during the permit period if the original permit becomes illegible or if the
vehicle for which it was issued is sold or has its license numbers changed, provided that
the original permit is surrendered to the Town Clerk at the time the new permit is issued.
G. No self-hauler shall purchase more than one secondary self-hauler pennit for each primary
self-hauler permit sold pursuant to this § 204-50. If a self-hauler violates this subsection,
the Town Clerk shall revoke the primary and secondary self-hauler permits issued to that
self-hauler's household. The Town Clerk shall provide the self-hauler with written notice
which sets forth a list of the permits that have been revoked. A self-hauler whose permits
have been revoked shall regain access to the Town recycling centers only after paying the
required permit amounts and obtaining from the Town Clerk new yearly permits pursuant
to this section. A violation of this subsection shall also be punishable pursuant to § 204-84
ofthis chapter.
20414 8-15-2002

§ 204-51
§ 204-51. (Reserved)
§ 204-52. Fees.
RECYCLING AND SOLID WASTE § 204-60
A. A self-hauler who has purchased a self-hauler pennit pursuant to § 204-50 shall not be
charged a fee for the disposal of solid waste and designated recyclables, except as set forth
in Subsection B hereof.
B. A self-hauler who desires to dispose of any of the special items listed by Town Board
resolution pursuant to § 204-43 shall be required to stop at the weight scale house upon
arrival at a town recycling center. The town personnel shall determine the fee owed by the
self-hauler. After checking in at the weight scale house, the self-hauler shall proceed into
the recycling center and dispose of any special item as directed by town personnel andlor
posted signs.
C. An individual who is a guest or visitor to the town and who does not have a self-hauler
usage permit pursuant to § 204-50 may, for a per-load fee to be set from time to time by
resolution of the Town Board, dispose of solid waste generated at a residence within the
town, the Village of East Hampton or that portion of the Incorporated Village of Sag
Harbor located within the boundaries of the town, at a town recycling center. Said
individual shall not be permitted to dispose of any of the special items listed by Town
Board resolution pursuant to § 204-43. [Amended 4-5·1996 by L.L. No. 4-1996]
D. The method and procedure for collection·of the fees referenced in Subsection C shall be
established by the Town Board by resolution.
§§ 204-53 through 204-59. (Reserved)
ARTlCLEVll
Commercial Hauler Pennit and Fees
§ 204·60. Yearly permit. [Amended 3·5·1993 by L.L. No. 4-1993; 12-16-1994 byL.L. No.
18-1994; 6-25-19% by L.L. No. 10-1996]
A. A commercial hauler shall be required to obtain from the Town Clerk one permit for each
vehicle and to provide roll-off container service by said commercial hauler that collects
and transports solid or liquid waste through or upon any street within the town.
B. Application for permit
(1) A commercial hauler applying for said pemlit(s) shall fill out and submit an
application form to the Town Clerk for approval. .
(2) Solid waste deposited by a commercial hauler at a town recycling center shall be
limited. to solid waste collected within the town, the Village of East Hampton or the
pan of the Incorporated Village of Sag Harbor located within the boundaries of the
town and must comply with § 204-41.
20415

§ 204-60 EAST HAMPTON CODE § 204-60
(3) Each applicant for such pennit(s) shall provide the following information on the
application form. The applicant shall answer all questions on the pennit application
and provide any other information required by any applicable law or ordinance or
deemed necessary by the Town Board to determine the fitness of the applicant. One
application fonn that provides the following information may be used by applicants
who are applying for multiple permits. A list attached to the application identifying
each vehicle and/or piece of equipment requiring a permit will be required.
(a) The name and address of the applicant and of all persons having a financial
interest in the business.
(b) A brief description of the vehicles intended to be used within the town, including
the manufacturer, factory number, type of body (for example, tank, enclosed
pickup, packer, van and so forth), weight of the vehicle unladen, maximum load
to be carried and New York State registration number.
(c) A sworn affidavit guaranteeing the number of customers and the minimum dollar
criteria outline in Subsection D(l) of this section. If the receiver of the
application needs corroboration, he or she may ask for it and it shall be made
available by the applicant.
(d) The location where the vehicle and container are stored or garaged when not in
use.
(e) The place or places where the applicant shall dispose of the garbage, refuse,
rubbish, tJash, recyclables or liquid waste collected and the manner ofdisposal.
(f) Whether the applicant or any of the persons having a financial interest in the
business has ever been convicted ofa crime or has ever had an operator's license
revoked or suspended in this or any other state.
(g) Proof of financial responsibility in the event of injury to persons or property by
reason ofthe negligent operation ofany vehicle used in the business.
C. Said application shall also designate the specific type of permit applied for. Said permits
shall be available in four separate categories, defined as follows:
(1) G Permit: required for any vehicle which fits into one ofthe following two categories:
(a) G-l: any vehicle used by a person collecting and hauling for hire residential
andlor commercial solid waste, including. without limitation, food/soiled paper
and designated recyclables. An application for a G-l permit shall require the
connnercial hauler to provide proof of Suffolk County Department of Health
inspection ofsuch vehicle and Department ofHealth approval, ifnecessary.
(b) G-2:' any vehicle used by a person operating a commercial, industrial or
institutional establishment that solely transports said establishment's solid waste
and designated recyclables through or upon any street within the town. .
(2) R Permit: required for any vehicle employed to collect and haul refuse other than
residential and commercial solid waste, including, without limitation, trees or any part
thereof, brush, vegetation, sUlpIus farm products, shipping cartons or crates, furniture,
20416

§ 204-60 RECYCLING AND SOLID WASTE § 204-60
white goods, scrap iron, tires, junk or rubbish of any kind permitted within the
provisions ofthis chapter in accordance with the following schedule:
(a) R-l: one ton and over.
(b) R-2: less than one ton (commonly known as "one-half-ton and three-fourths-ton
vehicles").
(c) R-3: tractor-trailer and semi-trailer.
(3) C Pennit required for any vehicle employed in pumping and hauling the contents of
cesspools or septic tanks.
(4) A Pennit: required for roll-off container service.
(a) Any person who has obtained a roll-off container pennit without having also
obtained a pennit to transport solid waste in the Town ofEast Hampton shall not
collect within the town any solid waste other than construction and demolition
debris and shall not transport such debris other than within roll-off containers.
(b) All roll-off containers used within the town shall be in a suitable condition so as
to prevent the scattering or deposit of their contents during collection and
transportation. Each container and each vehicle used to transport the container
shall bear the name of the permittee on each side of the vehicle and container in
letters at least six inches in height. In addition. each container shall bear the
capacity ofthe container in cubic yards.
D. In addition to providing acceptable answers to the information required to be provided on
the application form, the following criteria must be met by applicants for a G-l permit for
a vehicle with a gross maximum vehicle weight of 10 tons or more:
(I) Applicants for a license shall possess and upon request of the designated town official
provide a proposed collection route which shall consist ofthe following:
(a) Two hundred paying customers that are residential houses within the town;
(b) Forty paying customers that are commercial stops within the town;
(c) Two thousand dollars of receivables (on average) for residential business per
month in town; or
(d) Six thousand five hundred dollars of receivables (on average) for commercial
business per month in town.
(2) Every vehicle of 10 or more tons gross maximum vehicle weight used for the
collection of solid or liquid waste within the town shall:
(a) Have an enclosed, watertight body or suitable provisions for covering the body.
(b) Be kept clean, sanitary and in good working order.
(c) Have lettering of contrasting color to the background on the sides ofthe vehicle
indicating the company name with lettering at least six inches high.
20417

§ 204-60 EAST HAMPTON CODE § 204-60
(d) Have both the vehicle's unladen vehicle weight in pounds, its gross maximum
vehicle weight in pounds and its capacity in cubic yards, or, in the case of C
Pennit vehicles, its capacity in gallons, displayed on the driver's and passenger's
side.
E. Fee schedule and expiration ofpermits.
(I) Fees shall be charged for the permits set forth in Subsection C above according to the
following schedule:
(a) G-l: $250.
(b) G-2: $125.
(e) R-l: $150.
(d) R-2: $75.
(e) R-3: $250.
(f) c: $250.
(g) A: $1,000 for general pennit to operate a roll-off container service.
(2) PeIIDits set forth in Subsection Cshall be valid from July 1 to June 30. No extensions
shall be permitted, and permits shall expire at the close of the business on the date
indicated. The fee shall not be prorated regardless ofthe date ofpurchase.
F. Procedure for issuance of pennits. Through resolution, the Town Board may designate an
official or an employee of the town to review applications for permits, to approve or deny
the issuance of these permits or to revoke said permit(s). These decisions are appealable to
the Licensing Review Board whose decision shall be final. The issuance ofa permit(s) may
be denied where one or more ofthe following grounds is fmmd to exist:
(1) The applicant has been found to be unfit and unable to properly perfonn the service
proposed and the applicant is unable to provide sufficient or suitable equipment to
meet the requirements ofthe town.
(2) The applicant has failed and/or refused without reasonable cause to collect and
dispose of solid waste, except in a situation where a contract between the pennittee
and his customer has been lawfully terminated.
(3) The applicant has failed to account for or pay any permit or tipping fees due to the
town in a manner deemed timely by the Town Board.
(4) The applicant is insolvent or has made a general assignment for the benefit of
creditors or has been adjudged bankrupt or a money judgment has been secured
against him upon which an execution has been returned wholly orpartly satisfied.
(5) The applicant has failed to keep and maintain any records required by the town or has
refused to allow the inspection thereof.
(6) The applicant has violated any of the provisions of this chapter or has failed to
comply with any of the requirements stipulated herein, including, but not limited to,
§ 204-22.
20418

,/
••.I':!""'. § 204-60 RECYCLrnG AND SOLID WASTE § 204-61
(7) The applicant has ceased to operate as a commercial solid' waste or liquid waste
collector for which a pennit was previously issued.
(8) The applicant has made a false statement in his pennit application.
(9) The applicant has been found to have collected solid or liquid waste from outside the
town and to have disposed ofthe same in a public disposal facility with the town.
(10) The applicant has been found to have disposed of waste upon the smface of the
ground within the town or within the waterways of the town or in a disposal facility
not approved for such use by the New York State Department of Environmental
Conservation.
(11) The applicant has been found to have violated any of the posted rules pertaining to
safe operation of the town-owned recycling centers.
G. Any applicant whose application is denied shall not be allowed to hold any single permit
for any vehicle or piece ofequipment. Additionally, the Licensing Review Board may hear
complaints against specific haulers faT the purpose of deciding whether such haulers
should have all permits to.do business in the town revoked.
H. With respect to any permit issued by the Town Clerk pursuant to the Town Board
authorization, receipt shall be issued with an individual identification number which shall
be permanently assigned and displayed on each vehicle. A copy ofthe receipt shall be kept
available within the vehicle for inspection upon demand.
1. The permanent permit number shall be printed on the permit. The permit shall be
permanently affixed to_the window on the driver's side of the vehicle. A new permit may
be issued at no cost during the permit period if the original permit becomes illegible or if
the vehicle for which it was issued is sold or has its license numbers changed, provided
that the original permits are surrendered to the Town Clerk at the time the new permit is
issued. '
§ 204-61. Per-load permiL
A. The Department of Sanitation shall be authorized to issue a per-load pennit to a
commercial hauler that desires to dispose of solid waste collected within the town, the
Village ofEast Hampton or that portion ofthe Incorporated Village of Sag Harbor located
within the boundaries ofthe town.
B. The per-load fee' shall be set, from time to time, by resolution of the Town Board. The
Board may establish differing fees or institute new fees. The Office ofthe Town Clerk and
the Sanitation Department shall maintain a current copy ofalI such fees and shall make the
same available to any member of the public wishing to obtain a copy of the same.
[Amenderl4--5·1996 by L.L. No. 4-1996]
C. The method and procedure for collection of the fee prescribed by this section shall be
established by the Town. Board by resolution.
20419

."
"r § 204-62
§ 204-62. Fees.
EAST HAMPTON CODE § 204-63
A. All commercial haulers shall check in at the weight scale house upon arrival at a town
recycling center. Each commercial hauler shall either present permit documentation for
inspection by town personnel or purchase a per-load permit pursuant to § 204-61. Town
personnel shall determine whether the commercial hauler shall pay a fee by weight,
pursuant to Subsection B hereof, or a fee by volume, pursuant to § 204-43.
B. The Town Board, by resolution, shall establish a fee by weight per tOD, including any part
of a ton. A resolution passed by the Town Board pursuant to this subsection shall set forth
the effective date for said fee to take effect. Publication of notice of the adoption of such
resolution in the town's official newspaper is required to occur at least 30 days prior to the
resolution's effective date.
C. A commercial hauler shall pay a fee by weight, unless the items to be disposed of are
specified in a fee schedule established pursuant to § 204-43_
D, The method and procedure for collection of the fees prescribed by this section shall be
established by the Town Board by resolutioD_
E. The privilege of possessing a commercial hauler permit may be suspended or revoked
pursuant to § 204-63 or 204-64 iffees owed to the town by the commercial hauler pursuant
to this chapter are not paid on or before the date the same shall be due. [Added 3-5-1993
by L.L. No. 4-1993]
§ 204-63. Suspension ofpermit. [Added 3-5-1993 by L.L. No. 4-1993]
A. Ifa commercial hauler fails to pay all of the fees owed to the town pursuant to this chapter
by the payment due date set forth on its billing statement, the permit for each vehicle used
by the commercial hauler to deposit solid waste and recyclables at the town recycling
centers shall be suspended.
B. The suspension of the commercial hauler permits shall take effect on the day following the
payment due date set forth on the billing statement. Upon the suspension of the permits,
the commercial hauler's vehicles shall be denied access to the town recycling centers.
C. Access to the town recycling centers shall be reinstated, and the suspension of the permits
terminated, only after the occurrence ofone ofthe following:
(1) The commercial hauler has made payment in full of all of the fees owed to the town
pursuant to this chapter_
(2) The commercial hauler has entered into an agreement to pay all of the fees owed to
the town pursuant to this chapter and such payment agreement has be..."'Il accepted by
the Town Board pursuant to Town Board resolution.
20420

§ 204-64 RECYCLING AND SOLID WASTE § 204-70
§ 204-64. Revocation of permit. [Added 3-5-1993 by L.L. No. 4-1993]
A. The pennit for each vehicle used by a commercial hauler to deposit solid waste and
recyclables at the town recycling centers shaH be revoked by the Town Clerk upon either
ofthe following occurring:
(1) Sixty calendar days have passed since the payment due date set forth on the
commercial hauler's billing statement and the commercial hauler has failed to pay in
full all of the fees owed to the town pursuant to this chapter.
(2) The commercial hauler is in default of any of the tenns and conditions required by a
payment agreement executed pursuant to § 204-63C(2).
B. The Town Clerk shall provide the commercial hauler with written notice which sets forth a
list of the permits that have been revoked and the date of each revocation. The commercial
hauler's receipt of the Town Clerk's notice shall not be construed as altering the date of
revocation set forth in said written notice, the effective date of the revocation being the
occunence ofone ofthe two events set forth in § 204-64A(l) and (2).
C. A commercial hauler whose pennits are revoked shall regain access to the town recycling
centers only after the occurrence ofboth ofthe following:
(1) The commercial hauler.
(a) Has made payment in full ofthe fees owed to the town pursuant to this chapter;
(b) Has corrected its default of one or more ofthe terms and conditions required by a
payment agreement executed pursuant to § 204-63C(2) and such correction has
been accepted by the Town Board pursuant to Town Board resolution; or
(c) Has entered into an agreement to pay all of the fees owed to the town pursuant to
this chapter and such payment agreement has been accepted by the Town Board
pursuant to Town Board resolution.
(2) The commercial hauler has submitted permit applications, paid the required pennit
amounts and obtained from the Town Clerk new yearly permits pursuant to § 204-60.
§§ 204-65 through 204-69. (Reserved)
ARTICLE VIII
Town Purchase ofRecycled Products and Materials
§ 204·70. Purchase ofrecycled products and materials.
A. When purchasing or bidding products or materials., town department heads shall give
preference to products or materials which contain recycled materials and/or are reusable
whenever the price is reasonably competitive and the quality adequate for the purpose
intended.
B. For purposes ofthis section:
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§ 204-70 EAST HAMPTON CODE § 204-82
(1) "Products or materials" shall mean, without limitation, photocopy paper, stationery,
janitorial supplies, plastic lumber and asphalt with modified rubber or recycled glass
content.
(2) "Reasonably competitive" shall mean a comparable recycled product with a cost
premium of no greater than 10%.
§ 204-71. Symbol or statement of recycled product.
Whenever recycled paper products are purchased or printing is ordered on recycled paper, a
printed statement or symbol shall be used to indicate that the paper is recycled.
§§ 204-7?- through 204-79. (Reserved)
ARTICLE IX
Enforcement; Regulations; Penalties
§ 204-80. Enforcement. [Amended 8-6-1999 by L.L. No. 21·1999]
It shall be the duty of the Superintendent of Sanitation, the Landfill Supervisor, their duly
appointed. agents, the Ordinance Enforcement Officer, the Sanitation Inspectors, the police and
peace officers to administer and enforce the provisions ofthis chapter.
§ 204-81. Promulgation ofrules and regulations.
The Town Board hereby designates the Superintendent of Sanitation to be responsible for the
supervision and regulation of the disposition of all or part of any of the solid waste located
within the town. The Superintendent of Sanitation may adopt and promulgate, amend and
repeal rules and regulations implementing this chapter in order to carry out and enforce the
intent and purposes bereof. A copy of such rules and regulations shall be kept on file in the
Town Clerk's office.
§ 204-82. Unlawful activities.
A. The following activities shall be unlawful:
(1) No self-hauler shall place any material other than a designated recyclable in or near
such designated recyclable's receptacle at the town's recycling centers. Furthermore,
no person who uses the services of a commercial hauler shall fail to separate
designated recyclables from other solid waste prior to collection by the commercial
hauler, except as provided for in § 204-220.
(2) No commercial hauler shall deliver for disposal at the town's recycling centers solid
waste and designated recyclables that have not been separated into the categories set
forth by Town Board resolutions pursuant to § 204-21.
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§ 204-82 RECYCLING AND SOLID WASTE § 204-82
(3) No person shall place or cause to be placed solid waste and recyclables generated at a
location other than the town's recreational areas in the receptacles at said recreational
areas.
(4) No person shall deposit at .any town recycling center solid waste material that is
transported from outside the boundaries of the town, the Village of East Hampton or
that portion of the Incorporated Village of Sag Harbor located within the boundaries
ofthe town.
(5) No person shall deposit at any town recycling center hazardous waste material except
for household hazardous waste that has been designated for specific disposal by Town
Board resolution.
(6) No person shall deposit any solid waste on land of the town outside the areas
designated for the deposit ofthose materials.
(7) No person shall deposit any solid waste outside the gates of a recycling center at any
time.
(8) No person other than town recycling center personnel shall set fire to any material
within the grounds ofa recycling center.
(9) No person shall deposit any solid waste or designated recyclables at the town
recycling center unless said person's vehicle properly displays a valid town recycling
center permit or the person has paid a per-load fee as provided in § 204-52 or 204-6l.
(10) No person shall dispose of construction and demolition debris at a town recycling
center except as provided for by Town Board resolution.
(11) No person shall remove any materials from the town's recycling center without the
prior consent of the town employees on duty at the recycling center, unless said
materials are located in a specifically designated area for exchange and scavenging.
(12) No person shall permit or cause any solid waste materials or recyclable materials
within his control to become a hazard or potential hazard to public travel, health or
safety or to become a nuisance ofany sort.
(13) No person shall hinder, obstruct, prevent or interfere with the performance of any
duty carried out by persons authorized to enforce this chapter.
(14) No person shall harass town personnel operating a recycling center. Harassment shall
include acts where a person, with the intent of harassing, annoying or alarming town
personnel: .
(a) Strikes, shoves, kicks or otherwise subjects town personnel to physical content or
attempts or threatens to do the same; or
(b) Uses abusive or obscene language or makes an obscene gesture.
(15) No person shall violate or cause or assist in the violation of any provision of this
chapter, any role or regulation promulgated by the Superintendent of Sanitation
pursuant to this chapter or any Town Board resolution adopted pursuant to this
chapter.
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EAST HAMPTON CODE § 204-84
B. All unlawful conduct set forth in this section shall constitute a violation ofthis chapter.
§ 204-83. Rejection ofloads; seizure of evidence.
A. By a vehicle's entry into a town recycling center area, the owner and operator of that
vehicle shall be deemed to consent to the examinations hereinafter provided.
B. Any materials removed from a vehicle for disposal at a town recycling center area may be
examined by town employees authorized to enforce this chapter to detennine compliance
with the laws and regulations requiring, without limitation, separation of designated
recyclables from solid waste, prohibition against hazardous substances and prohibition
against solid waste generated or collected outside the town.
C. Any person who is authorized to enforce this chapter pursuant to § 204-80 shall have the
authority to reject loads that do not conform to the requirements set forth in this chapter or
in resolutions, rules and regulations promulgated under this chapter. If the load is rejected
subsequent to the vehicle's departure from the town recycling center, the town shall have
the right to reject the load and require the vehicle to return to the recycling center and
reclaim the load. Failure of a person to reclaim the load within 24 hours of receiving notice
from the town shall make said person liable for the penalties set forth in this Article IX.
D. Any person who is authorized to enforce this chapter pursuant to § 204-80 shall have the
power to seize, without a warrant, for conservation, health, safety or evidentiary purposes,
any item he has cause to believe is a hazardous substance or solid waste generated or
collected outside the town that has been or is being disposed ofin violation of this chapter.
Any item seized under this subsection shall be disposed of as deemed appropriate by the
Superintendentof Sanitation.
§ 204-84. Penalties for offenses.
A. Any action by any person other than a commercial hauler which violates or does not
comply with any provision of Articles II, m, IV, v, VI and IX or any regulation or
resolution promulgated thereunder shall be punishable as follows:
(1) For a first conviction: a fine of not less than $50 and not more than $250, and, in
addition, anyone convicted of a first 'offense hereunder may be liable to pay a civil
penalty ofnot more than $250.
(2) For a second conviction within one year: a fine of not less than $100 and not more
than $500 or imprisonment of not more than 15 days, or both, and, in addition,
anyone convicted of a second offense hereunder may be liable to pay a civil penalty
ofnot more than $500.
(3) For a third or subsequent conviction within one year: a fine of not les$ than $250 and
not more than $1,000 or imprisonment of not more than 30 days, or both, and, in
addition, anyone convicted of a third or subsequent offense hereunder may be liable
to pay a civil penalty of not more than $1,000.
B. Any action by a commercial hauler which violates or does not comply with any provision
ofArticles ill, IV, V, VII and IX or any regulation thereofshall be punishable as follows:
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§ 204-84 RECYCLING AND SOLID WASTE § 204-90
(1) For a first conviction: a fine of not less than $500 and not more than $1,000 or
imprisonment ofnot more than 15 days, or both, and, in addition, anyone convicted of
a first offense hereunder may be liable to pay a civil penalty ofnot more than $1,000.
(2) For a second conviction within one year: a fine of not less than $750 and not more
than $1,500 or imprisonment of not more than 30 days or suspension or revocation of
the commercial hauler's permit for a period not to exceed six months, or any or all of
the above, and, in addition, anyone convicted of a second offense hereunder may be
liable to pay a civil penalty ofnot more than $1,500.
(3) For a third or subsequent conviction within one year: a fine of not less than $1,000
and not more than $2,000 or imprisonment ofnot more than 60 days or suspension or
revocation of the commercial hauler's pennit for a period not to exceed one year, or
any or all of the above, and, in addition, anyone convicted of a third or subsequent
offense hereunder may be liable to pay a civil penalty ofnot more than $2,000.
C. Any self-hauler who violates or does not comply with § 204-83 may be subject to the
following civil penalties in lieu of the civil penalties set forth in § 204-84A:
(I) First offense: twice the cost to the town ofclearing away the offending materials.
(2) Second offense: twice the cost to the town ofclearing away the offending materials.
(3) Third or subsequent offense: twice the cost to the town ofclearing away the offending
materials.
D. Any commercial hauler who violates or does not comply with § 204-83 may be subject to
the following civil penalties in lieu ofthe civil penalties set forth in § 204-84B:
(1) First offense: twice the cost to the town ofclearing away the offending materials.
(2) Second offense: twice the cost to the town ofclearing away the offending materials.
(3) Third or subsequent offense: twice the cost to the town of clearing away the offending
materials.
E. Each continuing day ofviolation ofthis chapter shall constitute a separate offense.
F. In addition to the above provided penalties, the town may also maintain an action or
proceeding in the name of the town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation ofthis chapter.
§§ 204-85 through 204-89. (Reserved)
§ 204-90. Construal ofprovisions.
ARTICLE X
Miscellaneous
The tenns and provisions ofthis local law are to be liberally construed so as best to achieve and
effectuate the goals and purposes hereof.
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§ 204-91 EAST HAl\1PTON CODE § 204-93
§ 204-91. Severability.
The provisions of this local law are severable. If any provlslon of this local law or its
application to any person or circumstances is held invalid, said invalidity shall not affect any
other provision or application of this local law which can be given effect without the invalid
provision or application of the local law.
§ 204-92. Repealer.
Upon the effective date of this local law, the preexisting ordinance entitled "Sanitary Landfill"
at Chapter 121 of the Town Code shall be repealed.
§ 204·93. When effective.
This local law shall take effect immediately upon filing with the Secretary of State as provided
for by law.
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