[Adopted 1-3-1995 by Ord. No. 95-1-3A]
A mandatory recycling program is hereby implemented
in the Town of Portsmouth pursuant to R.I.G.L. §§ 23-18.8-1
et seq., 23-18.9-1 et seq. and 23-19-1 et seq. 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:
Those materials required to be removed from municipal solid
waste at the source and delivered directly to the Town recycling facility
or placed in or on top of the set out container provided by the Solid
Waste Management Corporation for collection by a privately contracted
hauler.
Those separated from municipal solid waste for processing
for reuse as specified by the Director of the Rhode Island Department
of Environmental Management and listed in this article. The materials
to be included may change from time to time depending upon new technologies,
economic conditions, waste stream characteristics, environmental effects
or mutual agreement between the state and municipalities.
Anyone (including any business entity, regardless of organizational
form) residing in the Town of Portsmouth for any period of time who
generates solid waste for which the Town accepts disposal responsibility.
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 septage, nor hazardous waste as defined in the Hazardous
Waste Management Act, R.I.G.L. § 23-19.1-1 et seq.
The removal by the generator of recyclable materials, including
mixed recyclables, from all other solid waste generated by the resident
and conveyance of the recyclable materials to the Town recycling facility
or to the curbside for collection by a private hauler.
A.
All residents are required to separate recyclable
materials from residential solid waste and to deliver those materials
directly to the Town recycling facility or to have them delivered
to a Town or state recycling facility by a private hauler. This article
does not, however, bar any residents from giving recyclable materials
to a nonprofit organization.
B.
The following materials are required to be separated
from residential solid waste and delivered to a Town or state recycling
facility:[1]
C.
All separated materials are to be delivered to a Town,
state or state-designated recycling facility in a processable condition,
i.e., at a minimum:
(1)
All
glass, plastic, steel/tin and aluminum containers shall be empty and
rinsed;
(2)
Aluminum
foil shall be clean;
(3)
Webbing
shall be removed from aluminum furniture;
(4)
No
noncontainer glass shall be mixed with the recyclables;
(5)
Newspapers
shall be placed in a brown paper bag or tied in bundles with a string;
and
(6)
Any
other requirements in DEM's Municipal Recycling Regulations, Appendix
A, shall be met.
A.
All qualified persons engaged in the business of collecting
and hauling refuse and operating transfer stations for refuse generated
within the boundaries of the Town of Portsmouth shall be licensed
by the Town of Portsmouth, pursuant to R.I.G.L. § 23-18.9-1(b)(1).
B.
Licensed haulers shall collect only that residential
solid waste that is source-separated by the resident into the recyclable
and nonrecyclable components.
C.
Licensed haulers shall keep recyclable materials separate
from nonrecyclable resident solid waste.
D.
Licensed haulers shall maintain any separated recyclable
materials that are delivered to either a Town or state recycling facility
in processable condition.
E.
Licensed haulers shall keep individual household recyclable
materials separate from recyclables collected from commercial accounts.
F.
Licensed haulers who deliver recyclables to a Town
or state recycling facility shall deliver to said facility only recyclables
generated by the Town of Portsmouth.
G.
Licensed haulers shall deliver all recyclables designated
to go to a Town or state recycling facility to said facility.
H.
Licensed haulers shall file reports with the Town
detailing the weight of each recyclable material collected in compliance
with the Rhode Island Department of Environmental Management reporting
program.
The separation of recyclables from solid waste
shall be a condition of licensing or authorization of any public event,
the conduct of which generates solid waste for which the Town of Portsmouth
accepts disposal responsibility.
No person shall solicit the commercial collection
of any recyclable material as defined this article within the Town
of Portsmouth for personal gain, except as specifically authorized
by the Town. The Town may issue permits to charitable organizations
to collect recyclable materials on the condition that a report is
filed by said organization detailing the weight of each material collected
in compliance with the Rhode Island Department of Environmental Management
reporting requirements and provided that the Town determines that
said collection does not conflict with the Town's recycling program.
