[HISTORY: Adopted by the Town Council of
the Town of Coventry as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-9-1987 by Ord. No. 5-87-0145 (Ch. 18, Art. III, of the 1991 Code)]
It is the purpose of this article to:
A.
Protect the environment, especially the Pawtuxet River
and its environs, from the effects of improper or illegal disposal
of waste.
B.
Establish a program of regulation and enforcement
to control and eliminate the improper or illegal disposal of wastes.
C.
Protect and promote public health and safety.
The Town Council does hereby find that disposal
of waste, garbage, trash and abandoned man-made objects along the
banks of the Pawtuxet River constitutes a hazard to the public health,
safety and general welfare of the people of the Town. In recognition
of the ever-increasing environmental problems resulting from demands
made upon the land and the renewable resources of the Town, and in
recognition of the need to preserve and protect one of the Town's
most valuable natural resources, the Pawtuxet River, it is hereby
declared to be the policy of the Town to provide for the preservation
of the Pawtuxet River, the development of the water resources and
the improvement of its water quality, in order to prevent the impairment
of dams and reservoirs by sediment or any waste material and to protect
wildlife and preserve the natural beauty of the river and its banks
for the health, safety and general welfare of the people of the Town.
Nothing in this article shall be inconsistent with laws or rules and
regulations adopted by or for the State Department of Environmental
Management.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
The discharge, deposit, dumping, spilling, leaking, abandoning
or placing of waste upon land protected by this article.
Includes any person who holds title to or is in possession
of any lands lying within 200 feet of the Pawtuxet River, whether
as owner, renter, lessee, tenant, municipality or otherwise.
Includes the physical boundaries of the Pawtuxet River, as
well as the ponds, brooks, streams and tributaries that empty into
the Pawtuxet River, as such boundaries or water bodies are located
in the Town.
Includes the following:
CONSTRUCTION WASTEAny building materials and refuse resulting from construction, remodeling and repair operations on any type of structure. It shall also include any pavement or concrete disposed of as a result of construction or otherwise.
DEMOLITION WASTEAny material generated from the destruction or razing of any building or structure.
BULKY WASTEAny large items, including but not limited to appliances, furniture, automobile parts, shopping carts, tree stumps, tires and abandoned automobiles.
SOLID WASTEGarbage, refuse and other discarded materials generated by any source whatsoever, other than materials that result from sewage by a person holding a valid Rhode Island Pollutant Discharge Elimination System (RIPDES) permit from the Department of Environmental Management.
It shall be unlawful for any occupier of land
to dispose of or deposit or allow to be disposed or deposited any
waste on such land on any property located in the Town which is within
200 feet of the Pawtuxet River. Any person found in violation of this
section, or who shall counsel, aid or abet any person in the violation
of this section, shall be punished by a fine of not less than $25
and not more than $500. Each day of noncompliance shall be a separate
violation of this section.
A.
Once a complaint has been brought to or by the police under § 240-4, a notice of violation shall be sent to the person involved. The notice may be hand-delivered by a police officer or mailed by certified mail, return receipt requested. Refusal to accept the certified mailing shall be deemed to constitute prima facie evidence of its receipt.
B.
Upon receipt of the notice, the person involved shall
remove the violating waste from the property within 30 days of receipt
of the notice.
C.
Failure to comply with the notice of violation within
30 days will result in prosecution for violation of this article.
D.
Nothing contained in this section shall prohibit the immediate arrest and prosecution of any person found in violation of § 240-7, whether or not a notice of violation was issued.
E.
The notice of violation, once served upon the person
involved, shall be recorded in the land evidence records of the Town
in the same manner as a notice of violation for minimum housing standards.
If the person notified is not the property owner, the property owner
shall be served with a copy of the notice of violation, which shall
be plainly identified as a copy.
In any prosecution or proceeding under this
article, the land evidence records of the Town shall constitute prima
facie evidence that the owner of the property was the person who disposed
or deposited waste material upon the property where such violation
occurred.
It shall be unlawful for any person not an occupier
of land to dispose or deposit any waste upon the property of another
located in the Town which is within 200 feet of the Pawtuxet River.
Any person found in violation of this section, or who shall counsel,
aid or abet any person in the violation of this section, shall be
punished by a fine of not less than $50 and not more than $500. Each
day of noncompliance shall be a separate violation of this section.
