For the purpose of this article, the following terms shall have the meanings indicated:
Any material capable of burning or being burned and of such value as to be considered worthless except for filling or grading.
[HISTORY: Adopted by the Town of Wolfeboro as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 6-20-1934]
No person, firm or corporation shall leave, cause, nor allow to be left any combustible rubbish, as defined in § 136-1 of this article, within 200 feet of any building within said town, except that combustible rubbish may be disposed of at such times and at such places as the Board of Fire Wards shall designate. This shall not prohibit any person, firm or corporation from collecting rubbish or waste material for the purpose of filling, provided that said combustible rubbish is kept completely covered with earth, sand or gravel. No person, firm or corporation collecting or allowing the accumulation of combustible rubbish for the purpose of filling, on land owned or occupied by said person, firm or corporation, shall allow said combustible rubbish to remain uncovered for a longer period than 24 hours.
No person, firm or corporation shall leave, cause, nor allow to be left any combustible rubbish, as defined in § 136-1 of this article, on any land of which they are not the occupant, except by permission of the owner or occupant of said land.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction, be fined not to exceed $20 for each day such violation shall continue.
All ordinances or parts of ordinances inconsistent with this article are hereby repealed, and this article shall take effect 30 days after it is posted.
[Adopted 3-10-1992 ATM by Art. 10]
The Wolfeboro Solid Waste Management Facility is operated solely for storage, processing and disposal of authorized solid waste generated within the geographic limits of the Town of Wolfeboro, as required by RSA 149-M:13, II. Accordingly, this article is intended to:
A.
Prevent unauthorized entrance and use of the facility.
B.
Prohibit the deposit of illegal and unacceptable waste.
C.
Control the storage, handling, processing and disposal standards, including but not limited to facility operation, disposal and improvement of efficiency to maximize the use of the facility.
D.
Establish charges (fees) for the use of the facility.
E.
Require mandatory separation for recycling various waste materials.
As used in this article, the following terms shall have the meanings indicated:
Agents, employees or contractors of the Town of Wolfeboro having the authority to enforce the terms of this article and require compliance with any other rules and regulations pertaining to the operation of the Wolfeboro Solid Waste Management Facility.
Large items that cannot be handled by normal solid waste processing, collection or disposal methods, such as appliances, furniture, large auto parts, tires and tree stumps when they are not buried on site in accordance with RSA 149-M:1, XIX.
Nonputrescible waste building materials and rubble.
The discharge, deposit, injection, dumping, spilling, leaking or placement of any solid waste into or onto any land or water so that such solid waste or any constituent of it may enter the environment, be emitted into the air or be discharged into any waters, including groundwater.
The Town of Wolfeboro Solid Waste Management Facility situated in the Town of Wolfeboro on Beach Pond Road or any other area that may be designated as such by the Board of Selectmen.
That solid waste generated solely by a residential household.
Any waste which because of its infectious nature may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
Any load of solid waste containing a mixture of metal, bulky waste, including cloth, fabric, etc., demolition debris and building materials or other solid waste which in the opinion of the facility attendants requires separation before depositing at the facility.
The collection, storage, processing and redistribution of separated solid waste so as to return material to the marketplace.
Solid waste as defined by RSA 149-M:1, XIX,[1] namely "any matter consisting of putrescible material; refuse; or residue from an air pollution control facility; and other discarded or gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities." [For the purpose of this article, reference is made to RSA 149-M and the rules specified A 147-ENV-Wm 101.01 Applicability,] "It does not include hazardous wastes as defined in RSA 147-A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps, municipal and industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended; source, special nuclear or by-product materials as defined by the Atomic Energy Act of 1954, as amended, or septage or sludge as defined in RSA 485-A:2, IX-a."
The separation of solid waste at its source in order to permit recycling or in order to permit the disposition of solid waste at the facility in a more organized fashion.
[1]
Editor's Note: See RSA 149-M:4, XXII.
The following shall apply to all persons, parties, companies and corporations using the Wolfeboro Solid Waste Management Facility:
A.
Entrance to the facility and use shall be permitted only during normal operating hours.
B.
Stumps, brush, construction debris and demolition waste generated within the town may be deposited in any legally operated solid waste facility or private stump disposal site which is under agreement with the town to accept such solid waste, subject to the operator's regulations and fees. Brush, construction and demolition debris may be accepted in accordance with the rules and regulations pertaining to the operation of the Wolfeboro Solid Waste Management Facility.
C.
Bulky metals and metal scraps hauled by commercial carrier will not be accepted at the facility. Such metals should be taken directly to commercial scrap dealers.
D.
Infectious waste is prohibited at the facility.
E.
The town reserves the right to reject any material which it considers to be detrimental to the facility operation or which would require special handling for disposal procedures. Vehicle parts, vehicle bodies, mounted tires, fuel tanks, fuel cylinders, drums, home heating oil tanks, liquids (except household motor oil), hazardous, nuclear, septage and other wastes not permitted by state regulation to be deposited in the facility are specifically prohibited.
F.
All refuse must be deposited in the appropriate designated area, in accordance with the instructions of the facility attendants. Mixed commercial loads are not permitted.
A.
The Board of Selectmen of the Town of Wolfeboro shall have the authority to establish and revise the fees charged per cubic yard, including the authority to charge and impose fees for the disposal of solid waste requiring special handling. Prior to the establishment or amendment of any such fees, the Selectmen shall hold a public hearing, notice for which shall be given at least seven days prior to the hearing by posting in two public places in the town and by publication in a newspaper of general circulation in the town. The notice shall include the proposed schedule of fees.
B.
See "Special Fees" under rules and regulations pertaining to the operation of the Wolfeboro Solid Waste Management Facility.
C.
Handling fees. The Board of Selectmen of the Town of Wolfeboro shall have the authority to establish and revise handling fees in the same manner as general fees and special fees. Handling fees will be assessed to those users who do not separate waste as set forth in Section 4A of the rules and regulations pertaining to the operation of the Wolfeboro Solid Waste Management Facility.
A.
The Wolfeboro Board of Selectmen shall have the authority to amend, set and change the operating days and hours of the Wolfeboro Solid Waste Facility.
B.
The Wolfeboro Board of Selectmen shall have the authority to amend the rules and regulations pertaining to the operation of the Wolfeboro Solid Waste Management Facility where the town is required or ordered to comply with newly promulgated regulations and laws, or court orders, issued by the state and federal government. Any such amendments shall be later voted upon and ratified by a subsequent Town Meeting.
C.
Before acting upon any amendment to the rules and regulations pertaining to the operation of the Wolfeboro Solid Waste Management Facility or before setting or adopting the operating days and hours of the facility, the Wolfeboro Board of Selectmen shall hold a public hearing and they shall publish a notice of any proposed new operational policies or hours of operation by posting in two public places in the town and by publication in a newspaper of general circulation in the town at least seven days prior to the implementation of any new operational procedures or new operating hours. The notice shall distinctly state the general subject matter.
Any person, firm or corporation violating any of the provisions of this article shall be guilty of a violation and, upon conviction thereof, shall pay a civil fine of not more than $3,000 for each offense. Any penalties assessed shall inure to such uses as the Town of Wolfeboro may direct, pursuant to RSA 149-M.
The invalidity of any provision of this article shall not affect the validity of any other provision not the validity of the article as a whole.