[Approved 7-8-1993 as Ch. No. 2310]
A mandatory recycling program is hereby implemented
in the City of Pawtucket pursuant to R.I.G.L. §§ 23-18.8,
23-18.9 and 23-19 and the Rhode Island Department of Environmental
Management Municipal Recycling Regulations, as amended.
As used in this article, the following terms
shall have the meanings indicated:
The process by which a City plans for and carries out the
separation, weighing, collection, hauling and disposal of solid waste
generated within that city.
[Amended 7-25-1996 by Ch. No. 2420]
All solid waste except hazardous waste as defined in Chapter
19.1 of the Rhode Island General Laws, municipal solid waste and nonmunicipal
residential solid waste as defined in these regulations.
A facility provided by the municipality for its residents
as a collection point for recyclable materials.
Any waste as defined in the Rhode Island Hazardous Waste
Management Act, 23-19.1-1 et seq., in regulations adopted pursuant
thereto, and as may be amended.
[Amended 7-25-1996 by Ch. No. 2420]
Hazardous municipal solid waste.
A recycling program for municipal solid waste as set forth
in a local recycling plan approved by the state pursuant to the municipal
recycling regulations as amended and included in the Code of the City
of Pawtucket.
Recyclable materials which are required to be removed from
municipal solid waste at the source and placed in, on top or on the
side of the special recycling set-out container provided by the state
for collection and transport to the nearest materials recovery facility
(MRF) for recycling.
Solid waste generated by the residents of a municipality
in the course of their daily living and placed at curbside for collection
and disposal by the City who has accepted that responsibility in the
discharge of its duties to protect the health and safety of the municipality.
"Municipal solid waste" does not include solid waste generated by
residents of a municipality in the course of their employment or that
generated by any manufacturing nonmunicipal residential, commercial
or industrial enterprise.
Solid waste generated by the residents of a municipality
in the course of their daily living for which the governing body of
that municipality does not accept responsibility for disposal.
All substances or objects established by the State Department
of Environmental Management and such other materials as may be listed
by the Director of Public Works of the City of Pawtucket and his or
her designee and added to this article by amendment passed by the
City Council of Pawtucket from time to time. "Recyclable materials"
are established below:
GLASSRinsed whole bottles and jars with caps or lid removed.
ALUMINUMRinsed aluminum cans, containers or foil and extruded aluminums, such as used for furniture.
TIN CANSRinsed steel and tin-coated cans with labels removed.
NEWSPAPERBlack and white sections dry and tied in bundles of 12 inches or less with string or placed in brown paper bags.
PLASTICSBeverage containers, rinsed milk rings and soft drink bottles with caps or lids removed.
A facility for processing recyclables.
A technical report prepared for a municipality by or on behalf
of the Department and mutually agreed to by the municipality and the
state which identifies the operational and administrative elements
of a recycling program for the collection of recyclable materials
and which further establishes the reasonable additional allowable
cost of implementing such a program.
Anyone residing in an eligible residential structure in the
City of Pawtucket for any period of time who generated solid waste
for which the City accepts responsibility for disposal.
Municipal solid waste which has been separated into recyclable
and nonrecyclable materials in compliance with these regulations and
the rules and regulations for solid waste disposal facilities.
Garbage, refuse and other discarded solid materials generated
by residential, institutional, commercial, industrial and agricultural
sources but not including solids or dissolved material in domestic
sewage or sewage sludge, nor hazardous waste as defined in the Hazardous
Waste Management Act, Chapter 19.1 of the General Laws of the State
of Rhode Island.
The removal by the generator of recyclable materials, including
mixed recyclables, from all other solid waste generated by the household,
and conveyance of the recyclables to the curbside or other designated
location.
A facility operated by or for a municipality whose purpose
is the temporary storage and accumulation of municipal solid waste
prior to its transport to and disposal at a corporation landfill or
resource recovery facility.
Major kitchen or laundry appliances, including but not limited
to stoves, washers, refrigerators and dryers. Nothing in this definition
shall waive compliance with the rules and regulations for generation,
transportation, storage and disposal of hazardous waste.[1]
[Amended 12-12-2019 by Ch. No. 3207]
A.
Requirements. In accordance with Rhode Island State Law and/or Department
of Environmental Management regulations, there is hereby established
a program for the mandatory separation of certain recyclable materials
from municipal solid waste by the property owner of the City of Pawtucket.
Mandatory recycling will be accomplished by source separation with
curbside collection.
B.
Curbside collection. The City shall provide for collection of mixed
recyclables from all eligible residential structures at least once
every other week or as many times as to eliminate potential health
or safety hazards, or as the Director of Public Works deems as necessary.
[Amended 12-12-2019 by Ch. No. 3207]
A.
Each eligible residential structure with six or less dwelling units
shall be provided with a special collection container for each dwelling
unit in said structure. Recyclables will be placed at curbside in
the special container on the day prescribed by the Director of the
Department of Public Works.
B.
All recyclables must be placed in the City-supplied container; there
is to be no recyclable material left outside the container.
[Amended 12-12-2019 by Ch. No. 3207]
Containers shall be distributed in accordance with Department
of Public Works regulations and/or plan. The initial container shall
be provided to each eligible owner and/or tenant free of charge and
thereafter for a fee as specified by the Director of Public Works.
[Amended 8-9-2007 by Ch.
No. 2862; 8-12-2010 by Ch. No. 2945; 7-24-2019 by Ch. No. 3200; 12-12-2019 by Ch. No. 3207]
A.
Once municipal solid waste has been deposited at curbside or in the
designated place, said solid waste becomes the property of the City.
No individual, resident, taxpayer or other person or persons not employed
by the City, and/or engaged in the business of separation, removal,
storage or disposition of solid waste shall pick up or procure any
recyclable materials from curbside, as defined under this article
or any other City, state or federal regulation, within the City of
Pawtucket except as specifically authorized in writing or by special
permit by the Director of Public Works. This restriction shall include
any independent citizen, resident, taxpayer, nonprofit groups, haulers
or persons who might engage in such practice for personal gain.
B.
Periodic collection of recyclable material will be the responsibility
of the Public Works Department or its duly authorized agent.
C.
Any person who violates the provisions of this section shall be subject
to a fine of $100 for a first offense, $500 for a second offense,
and $1,000 for the third and any subsequent offense.
D.
Allocation of moneys received.
(1)
$3 collected from each violation shall be put in a fund for the purpose
of providing educational programs for substance abuse prevention;
or helping to sponsor youth activities which are also sponsored by
the DARE program, other substance abuse prevention programs, or the
Pawtucket Police Department; or providing some type of substance abuse
prevention message.
(2)
$2 collected from each violation shall be put into the police DARE
account for the operation of the DARE program. Said funds shall be
administered by the Chief of Police or his/her designee.
(3)
$5 collected from each violation shall be put into the police equipment
fund.
(4)
$5 collected from each violation shall be put into a revenue line
item in the recycling budget for the support of the recycling program
in the City.
(5)
The remainder of moneys collected from each violation shall go to
the general fund.
[Amended 12-12-2019 by Ch. No. 3207]
The Director of Public Works may issue permits for a fee of
$5 for charitable organizations, nonprofit organizations and private
parties to collect recyclable materials on the condition that a report
is filed by said organization detailing the weights of each material
collected, in compliance with the Rhode Island Department of Environmental
Management reporting requirements, and provided that the Director
of Public Works determines that said collection does not conflict
with the cost effectiveness and philosophy of the City's recycling
implementation program.
[Amended 12-12-2019 by Ch. No. 3207]
No person having custody or control of residential, industrial
or business premises from which garbage, rubbish or other refuse,
including recyclables, is collected for disposal by the City of Pawtucket
shall permit or cause solid waste, including recyclables, within his/her
control to become a hazard to public travel, health or safety or to
become a nuisance of any sort.
[Amended 12-12-2019 by Ch. No. 3207]
The Public Works Department shall implement a sustained public
education and information program designed to make residents aware
of the City's recycling program rules, regulations and changes/amendments.
[Amended 12-12-2019 by Ch. No. 3207]
The City shall require the separation of recyclable materials
as a condition of licensing or authorizing public events at which
significant solid waste will be generated for which the City accepts
responsibility for disposal.
[Amended 12-12-2019 by Ch. No. 3207]
A.
All qualified persons engaged in the business of collection and hauling
of solid waste and operation of transfer stations within the City
of Pawtucket boundaries shall be licensed in compliance with the state's
rules and regulations for solid waste disposal facilities and the
provisions of this article.
B.
The licensee shall:
(1)
Maintain the segregation of municipal solid waste which they collect
or haul.
(2)
Maintain any separate recyclables which are brought to state-owned
recycling facilities to be delivered in processable condition.
(3)
Deliver to state-owned recycling facilities all separated recyclables
which are designated by the City to go to such facility.
[Amended 12-12-2019 by Ch. No. 3207]
All residents, as herein defined, shall separate recyclable
materials from the nonrecyclable portion of their solid waste and
prepare them for recycling according to directions issued by the Director
of Public Works. The recyclable materials shall be placed in containers
approved by the City at curbside for collection or at a designated
location.
[Amended 12-12-2019 by Ch. No. 3207]
The Mayor is empowered and directed to supervise, facilitate
and contract with either the state recycling facility as mandated
by the General Laws of Rhode Island or with commercial firms for the
receipt and processing of recyclable materials in a manner consistent
with the City's local recycling program that yields the best rate
of recycling and the most cost-effective result to the City.
[Amended 12-12-2019 by Ch. No. 3207]
The Director of Public Works shall have charge, care and management
of the personnel and equipment engaged in, and the administration
of, the local recycling program in the City.
[Amended 11-10-2011 by Ch. No. 2983; 12-12-2019 by Ch. No. 3207]
A.
On the first violation for failure to separate recyclables and nonrecyclable
materials or for leaving recyclables in a manner inconsistent with
the Department of Public Works regulations, the property owner shall
receive a written warning/notification from Public Works of their
or their tenants' noncompliance detailing the violation of this article
and fines that will result from subsequent violations.
B.
On the second violation, the property owner shall receive a written
notice plus be subject to a fine of $50. Fines may be paid by mail.
Mailed-in fines must be received by the Office of Zoning and Code
Enforcement within 14 days of the date of the summons. Anyone who
does not pay the fine by mail in a timely manner must appear in Pawtucket
Municipal Court.
C.
On the third and subsequent violation, said property owner shall
receive a written notice plus be issued a summons pursuant to the
pertinent sections to appear in Municipal Court and shall be fined
no less than $100 and up to $500 for noncompliance. Failure to pay
said fine(s) may result in the City taking legal action and ultimately
recording a lien against the real property for any unpaid fines or
fees.
