[Adopted 9-10-1984 by Ord. No. 84-5]
As used in this article, the following terms
shall have the meanings indicated:
A place of business at which commercial, industrial or professional
activity takes place and which produces or discards solid waste and
refuse material.
Any discarded solid objects which, by their nature, are acceptable
for deposit and/or compaction within the transfer facility.
Any vessel designed and/or used for the temporary storage
of nonresidential solid waste and refuse material having a capacity
of one cubic yard or greater.
The solid waste collection and compaction station owned by
the Town of Portsmouth and situated on Hedly Street within said Town.
Any person, firm or corporation in the business of transporting
the contents of solid waste containers to the transfer facility.
Every user who delivers solid waste or refuse
material from a nonresidential source to the transfer facility shall
pay a user fee to the Town of Portsmouth.
[Amended 5-14-1991 by Ord. No. 91-5-14B]
The user fee imposed herein shall be an amount
in the sum of $2 multiplied by the total number of cubic yards of
the solid waste container serviced by the user in a calendar month;
provided, however, that said fee shall increase on July 1, 1992, and
on the first day of July each year thereafter, in an amount equal
to the consumer price index for all urban consumers (CPI-U) for the
United States city average for the previous December.
Each user shall tender the properly computed
user fee to the Finance Director of the Town of Portsmouth within
10 days, exclusive of Sundays and postal holidays, of the last business
day of each calendar month, together with a written report containing
the following information:
A.
The name, business address and telephone number of
the user.
B.
The name, business address and telephone number of
the customer of the user of each solid waste container serviced by
the user during the reporting period, together with a complete description
of the length, breadth, height, capacity in cubic yards and location
address of each such solid waste container.
Every solid waste container from which solid
waste or refuse material is obtained or collected for deposit at the
Portsmouth compaction and transfer station shall have the name, business
address and business telephone number of the owner or lessor prominently
and conspicuously displayed thereon.
Written reports submitted in accordance with
this article shall be subscribed and sworn before a notary public
licensed by the State of Rhode Island and, upon submission thereof,
shall be subject to verification by the Town of Portsmouth from time
to time as deemed necessary by the Finance Director.
Any person who provides or causes to be provided
false, misleading or deceptive information in any report required
hereunder or who fails to timely pay any user fee imposed hereunder
or otherwise violates any provision of this article, if found guilty
thereof in a state judicial court of competent jurisdiction, shall
be fined not more than $100 for each such violation.
In addition to any and all other penalties for
a violation of the provisions of this article, the Town Administrator
may summarily prohibit further use of the transfer facility by any
person subject to this article who provides or causes to be provided
false, misleading or deceptive information in any report required
hereunder or who fails to timely pay any user fee imposed hereunder,
and such persons shall not thereafter be permitted to use the transfer
facility, unless and until the Town Council shall reverse the decision
of the Town Administrator after a hearing thereon requested by the
aggrieved user within 10 days of the date of said decision.
