A. General: The town supervisor shall have charge of the municipal waste collection, recycling and disposal program for the district, and the enforcement of this chapter.
B. Contracting Waste Haulers: The Town may contract with one or more duly qualified and licensed waste haulers for the collection, removal and disposal of ashes, garbage, refuse, landscape waste, recyclable waste, electronic waste, and household hazardous waste.
C. Scheduling Of Collections: The scheduling of pick-up hours, days and routes for all waste removal for covered units shall be determined by written agreement executed by the Town Supervisor and a licensed waste hauler.
D. Duties Of Customers/Covered Units: It shall be the duty of each customer in the District to:
1. Utilize landscape waste containers as specified in section 3-4-6 of this chapter for disposal and pick up of landscape waste.
2. Utilize recycling waste containers as specified in section 3-4-6 of this chapter for disposal and pick-up of landscape waste.
3. Utilize refuse containers as specified in section 3-4-8 of this chapter for disposal and pick up of garbage, ashes and refuse.
4. Utilize the waste collection and disposal services offered by the licensed waste hauler under contract with the town to the extent such services are made available to persons in the district.
5. Promptly pay the waste collection and disposal charges billed directly to owners of property in the district in accordance with the rates and pursuant to the terms set forth in the town's waste removal contract with its licensed waste hauler(s), now in effect or as hereafter approved, amended, modified or replaced.
6. Comply with the provisions of this chapter as now in effect or hereafter amended, including any rules and regulations hereafter adopted, amended, modified or replaced.
E. Time And Place Of Setting Waste Out For Collection: Landscape waste containers, recycling waste containers, and bulk items shall be placed at the curbside of the road adjacent to the covered unit's premises on the regularly or specially scheduled pick-up day or days for such materials. These receptacles and items shall not be placed out for collection before five o'clock (5:00) P.M. of the day prior to pick up and shall be removed from the pick-up area by nine o'clock (9:00) P.M. on the day of pick-up.
F. Duties Of Waste Haulers: The services to be rendered by any waste hauler operating within unincorporated Leyden Township shall be performed with due care and in a professional, orderly, efficient and workmanlike manner. In addition:
1. Any waste hauler operating within the District must have and maintain all necessary federal, state and local permits, licenses and qualifications for municipal solid waste collection and disposal as may be necessary to lawfully perform such services.
2. Waste haulers must employ a workforce adequate in number, training and equipment to accomplish the same on a regular basis despite adverse conditions, breakdowns or similar hindrances. Waste haulers shall not litter streets or any customer's premises in the process of making collections nor allow any municipal waste to blow, fall or spill from any vehicle used for collections. Waste haulers shall repair or replace, at its expense, containers damaged as a result of its handling thereof, reasonable wear and tear excepted. Waste haulers shall replace lids or covers on containers immediately after emptying. Waste haulers' employees shall close all fence gates both upon entering and leaving premises and shall not cut across rear, front, or side yards, or flower beds to adjoining premises without permission of the owner.
3. Waste haulers shall use only fully enclosed, modern, packer-type trucks in good working order and in a clean and sanitary condition in collecting garbage, ashes and refuse (excluding bulk items and White Goods).
4. Waste haulers shall use enclosed vehicles and/or covers to prevent any loss, spillage or blowing of materials during the transfer or transportation of municipal waste to a disposal facility.
5. Waste haulers shall immediately clean up and collect any municipal waste spilled or lost during collection or transportation, without regard to whether the waste hauler caused the material to be spilled or lost.
6. All services by a waste hauler, either under contract with or licensed by the Town, shall be performed by the waste hauler's employees in a neat, orderly and courteous manner, without causing loud or raucous noises, bright lights or other nuisance and with due care and regard for the safety, peace and quietude of all other persons while engaged in waste collection and disposal.
7. No waste hauler or its employees shall consume or be under the influence of any alcoholic beverage or controlled substances (except by doctor's prescription and subject to such doctor's work restrictions) immediately prior to or during the course of performing their duties under a contract with the Town or this chapter. Waste haulers shall not suffer or permit their employees to perform services under a contract with the Town or this chapter while actually or apparently under the influence of alcohol or drugs.
8. Waste haulers shall collect and remove all waste (with the exception of exempt waste, absent special arrangements) set for collection by an owner/renter of property in the District notwithstanding any dispute as to the manner in which the waste is set out for placement or the contents of the waste, provide that the waste is not of such a nature that the operator of the disposal facility will have cause to reject the waste.
9. Waste haulers shall tag any waste set out for collection by an owner/renter of property in the District, but which is not collectable, with a tag explaining why such waste was not collected and the requirements, if any, for arranging collection and disposal of the waste.
10. Waste haulers must carry and maintain, at its sole expense, worker's compensation insurance, motor vehicle liability insurance and general comprehensive liability insurance in amounts and subject to terms and conditions as the Town may provide in its written agreement with a waste hauler or as a condition to issuance of a license to collect and dispose of waste in the District.
11. Waste haulers shall comply with all federal, state and local regulations on the disposal of special and hazardous waste materials.
G. Uncollectable Waste: All waste not subject to collection by the licensed waste haulers under contract with the Town shall be disposed of by the owner of the premises in which the waste is produced or located in accordance with the provisions of this Chapter and applicable Federal, State and local requirements. (Ord. TO-92-1, 1-14-1992; amd. Ord. TO-2021-17, 12-14-2021)