In accordance with the provisions of RSA 31:39 and 149-M:17, authorizing the Town of Hampton to enact ordinances, this article is adopted by the Town of Hampton in Annual Town Meeting.
[Adopted 3-10-2009 by Art. 33[1]; amended 3-9-2010 by Art. 24, ballot vote: Yes 2489, No 300; 3-8-2011 by Art. 36, ballot vote: Yes 2562, No 342; 3-11-2014 ATM, Art. 28, ballot vote: Yes 2174, No 606]
[1]
Editor's Note: The Town Meeting voted 3-9-2010 under Art. 39 to amend this ordinance "by causing to be removed from this ordinance any reference, in any and all sections, to the authority currently granted to the Town to process, collect and/or dispose of commercial waste; except that the Board of Selectmen may accept commercial wastes brought to the transfer station and collect, accept, process and dispose of such waste by the Town. Receipt of such material must conform to mandatory recycling regulations." Results of balloting: Yes 1334, No 1133. Article 39 passed.
A.
It is the declared purpose of the Town of Hampton, through the adoption of this article, to protect human health, to preserve the natural environment, and to conserve precious and dwindling natural resources through the proper recycling, reuse, disposal and integrated management of the community's solid wastes.
B.
The Town declares its concern that there are environmental and economic issues pertaining to the disposal of solid wastes. It is important to reserve capacity for solid wastes which cannot be reduced, recycled or composted. The Town declares that its goal is to achieve a fifty-percent minimum weight diversion of solid wastes landfilled or incinerated on a per capita basis by the year 2012.
C.
The Town declares that its intent is to achieve the maximum and permanent removal of recyclables from the waste stream as a result of mandatory recycling.
As used in this article, the following terms shall have the meanings indicated:
A constituent of solid waste which is no longer regulated as a solid waste when certified by the state to be recyclable for its original use or alternate uses and which poses no greater risk to the environment, public health, and safety than exists by producing, distributing, using or disposing comparable products which are not waste-derived.
A stable, humus-like substance which is derived from a process involving the biological decomposition of any readily biodegradable material, such as animal manure, garbage, yard waste, septage, sludge, or other organic solid wastes, which can be beneficially reused for land application.
Nonputrescible waste building materials and rubble, which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, nonasbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated containerboard, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.
The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or onto any land or water with the result 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.
A location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste.
Animal feces and urine with natural organic bedding materials such as hay, sawdust, straw, or wood chips, but exclusive of human waste.
An official written notice requiring compliance with a statute, rule, ordinance or permit.
An authorization from the Town for use of the facility.
Any individual; business entity, including a trust, firm, joint-stock company, corporation (including a government corporation), partnership, or association; government agency; or political subdivision.
The protection of the health, economy, and natural environment of the Town of Hampton consistent with RSA 149-M.
The solid waste facility of the Town of Hampton licensed by the State of New Hampshire.
Materials that can be used to produce marketable goods, including but not limited to separated clear and colored glass, aluminum, ferrous and nonferrous metals, plastics, corrugated cardboard, motor vehicle batteries, tires from motor vehicles, paper and other designated products.
The collection, storage, processing, and redistribution of recyclable materials.
Includes any waste product, solid or having the character of a solid rather than a liquid in that it will not flow readily without additional liquid, and which is composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial or domestic solid wastes, organic wastes, or residue of animals sold as meat, fruit, vegetable or animal matter from kitchens, dining rooms, markets, food establishments or any place dealing in or handling meat, fowl, fruits, grain or vegetables; offal, animal excreta, or other carcasses of animals; construction and demolition debris; or accumulated waste materials, cans, containers, tires, junk or other such substances which may become nuisances.
Any matter consisting of putrescible material, refuse, residue from an air pollution control facility, and other discarded or abandoned material. It includes solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations and from community activities. For purposes of this article, it does not include hazardous waste as defined in RSA 147-A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps buried on site with local approval if required, provided that such burial locations are not located within 75 feet of any drinking water supply; 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 material as defined by the Atomic Energy Act of 1954, as amended; or septage or sludge as defined in RSA 485-A:2, IX-a and XI-a.
The systematic administration of activities for the collection, separation, processing, treatment, transportation, transfer, storage, recovery, and disposal of solid waste.
Changing industrial processes, technologies, and product components with the specific objective of reducing the amount or toxicity of waste at the source.
Any matter consisting of medical or infectious wastes.
The Town of Hampton, New Hampshire.
A solid waste collection, storage, and transfer facility which collects, stores, and transfers solid waste, including nonrecyclable waste.
A visual display component of a television or a computer, whether separate or integrated with a computer central processing unit/box, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image-projection technology, greater than four inches when measured diagonally, and its case, interior wires, and circuitry.
The use of the Town of Hampton solid waste transfer station and facilities is restricted to use by the residents and property owners in the Town of Hampton, New Hampshire, and those private contractors and companies hauling only those solid wastes, refuse and rubbish originating within the legal boundaries of the Town of Hampton for residents or property owners.
A.
In general. The operation of the solid waste transfer station and disposal facility will be in accordance with this article and such additional rules, regulations, procedures and policies as may be adopted by the Board of Selectmen for the effective management, separation, recycling and disposal of solid wastes within the facility or may be enacted by the State of New Hampshire and/or the United States of America.
B.
Placement of materials. Only solid wastes originating within the Town of Hampton shall be placed at the facility, and such placement shall be in accordance with these regulations, the directions of personnel employed by the Town and the posted signage providing directions for the disposal of designated materials in designated areas.
C.
Operational authority. The operation and supervision of the solid waste transfer facility is under the Town Manager and his designated and authorized representatives, including but not limited to the exclusive right to inspect solid wastes, refuse or rubbish brought to the facility and the vehicles transporting the same to determine compliance with this article and the laws of the State of New Hampshire and the United States of America.
D.
Right to inspect and exclude materials. The owner, operator or other person in charge of a vehicle transporting solid wastes, as a condition of use, to be deposited at the solid waste facility shall present evidence and/or the origin of the materials to be deposited as the person in charge of the facility or his designated representative(s) may request. Failure to comply with this article or to present creditable evidence when requested shall be sufficient cause for the Town Manager, or his authorized representative(s), to revoke, suspend or modify a license, permit, or privilege for the use of the facility as provided in this article, to exclude from the facility those materials in question, and/or to enforce or impose any other penalties as provided by law or by this article.
E.
Hours of operation. The hours of operation shall be established by the Town Manager for the convenient use of the residents and property owners of the Town of Hampton and those engaged in privately hauling and disposing of their solid wastes and in consideration of the financial burdens upon the taxpayers of the Town for the hours of operation of the facility. Use of the facility, except during the established hours of operation, is strictly prohibited. The Town Manager reserves the right to change the days and hours of operation for the convenience of the residents and landowners and to conserve funds, as specified in this article. The Town Manager has the right to temporarily close the facility, with or without notice, in cases of emergency.
F.
Changes in the hours of operation. The Board of Selectmen may change the hours of operation of the solid waste facility by holding a public hearing with at least seven days' notice of the hearing published in a newspaper of general circulation in the Town. Such seven-day period shall not include the day of publication or the day of the hearing. Changes approved in the hours of operation shall not become effective for at least 30 days following approval by the Board.
A.
The operation of the curbside collection of recycling materials and solid wastes shall be in accordance with this article and such rules, regulations, procedures, policies and penalties as may be adopted by the Board of Selectmen for the efficient management and enforcement of the separation, recycling and disposal of recycling and solid wastes for curbside collection in order to protect the environment, the Town's Solid Waste Collection Personnel and to enforce the Clean Air and Clean Water Acts and the laws of the Town, State of New Hampshire and the United States of America.
C.
Placement of Materials at Curbside.
(1)
Recycling materials and solid wastes that are to be collected at curbside shall be placed in designated Town issued carts on the frontage of the property to which they relate or in the position assigned by the Town for collection. Carts must be placed at least 2 feet apart to accommodate automated collection with the top opening facing the street. The cover must be closed with all materials to be removed contained within the cart and under the closed lid. If materials extend beyond the closed lid, the cart will not be collected and the materials can be taken by the resident or business to the Transfer Station for disposal.
(2)
Materials placed within the recycling collection cart cannot be bagged in any form and must be clean and free from any and all organic wastes.
(3)
Materials placed within the solid waste trash collection cart must be in a bag and contain only nonrecyclable trash wastes.
D.
Enforcement. The enforcement for violations under this section 420-13.1 shall be as stated in section "420-16 Violations and Penalties" of this ordinance and/or the suspension of curbside collection from the property violating the provisions of this section. Suspensions shall be in writing and shall state the term of the suspension. Suspensions may be appealed under the Administrative Enforcement Ordinance as adopted by the Town under RSA 31:39-c.
A.
Refuse.
(1)
Acceptable materials. Refuse derived from the normal operations of households and businesses within the Town of Hampton and usual and acceptable in nature and that is acceptable at the solid waste landfill or co-generation facility contracted with by the Town for refuse disposal may be deposited at the Town's solid waste facility or placed at curbside for collection in accordance with this article.
(2)
Unacceptable materials. All special wastes; wastes derived from or contaminated with or by radioactive materials; explosives; ammunition for firearms or weapons of any kind; an item that is regulated by state or federal law and requires the issuance of special permits for its disposal; any item with a temperature beyond its burning point; paints; regulated chemicals; and wastes which when in contact with acceptable materials deposited at the facility may cause injury to the facility or the persons using or employed at the facility.
(3)
Town departments. Town departments operating Town-owned equipment and contractors engaged in work for the Town of Hampton may deposit refuse generated by the department or by a contractor engaged in the execution of work for the Town at the facility without charge, under the same terms and conditions as all others under this article.
(4)
State of New Hampshire. The State of New Hampshire operating state-owned equipment and contractors engaged in work for the state at the Hampton Beach State Park and state-owned Hampton beaches may deposit refuse collected at the state park and beaches and from refuse collection receptacles on Ocean Boulevard at the facility at a cost or a services exchange agreement worked out between the Town of Hampton and the State of New Hampshire.
B.
Recycling.
(1)
Designation of materials. The Board of Selectmen shall designate materials that shall be removed from the solid waste stream for the purposes of recycling and reuse.
(2)
Recycling diversion goal. It is the goal of the Town of Hampton to reduce, by means of mandatory recycling, the volume of the solid wastes deposited in landfills and co-generation facilities from Hampton by 50% before the conclusion of the calendar year 2012.
(3)
Materials to be recycled. The Town shall provide for the recycling of glass containers, aluminum containers, aluminum foils, steel containers, plastics, newspapers, magazines, paperboard containers, cardboard, yard wastes, clean wood, wood chips, leaves and other materials that may be designated by the Town.
(4)
Recycling of selected materials required. The Board of Selectmen shall designate materials that must be recycled. Once materials are designated for recycling, they will not be received for disposal with non-recyclable materials, either at curbside pickup or at the facility, but must be separated for separate collection or disposal by recycling.
(5)
Preparation of recycled materials. The Department of Public Works will provide guidance in the form of printed materials for distribution to those disposing of solid wastes that accurately describes the necessary preparation of materials for recycling.
(6)
Disposal of recyclable materials. Residents and property owners may select to dispose of recyclable materials at curbside, when that service is offered, or may deposit their recyclable materials in the appropriately designated recycling receptacles at the facility.
(7)
No charge for recycled materials. Recycled materials will be accepted at the facility without cost to any resident or property owner, provided that such materials are presented for recycling in accordance with the preparation requirements for recycled materials.
(8)
Recyclables property of the Town. Recycled materials left at curbside for pickup or deposited at the solid waste facility are the property of the Town of Hampton and removal except by those authorized by the Town constitutes the illegal taking of public property.
(9)
The Town may extend cooperative use of equipment, personnel and facilities to other municipalities or contracted solid waste firms doing business with the Town for the purpose of cooperatively marketing, handling and shipping recycled materials at no cost the Town of Hampton. The Board of Selectmen may permit such use following a public hearing. Passage of this article will allow the Town to join cooperatively with other towns and recycling/solid waste businesses in order to more effectively dispose of collected recycled materials without additional costs to the Town.
C.
Nonrecyclable materials.
(1)
Brought to solid waste facility. Residents and property owners may deposit nonrecyclable solid wastes at the solid waste transfer haul facility during the normal hours of operation in accordance with this article. The first 1,000 pounds of solid waste may be deposited daily free of charge from households. Solid wastes derived from the operation of nonresidential locations shall be charged the Town's cost for handling and disposal. For the purposes of this section, solid wastes derived from single- and two-family structures are excluded from the definition of nonresidential structures or locations.
(2)
Fees for nonrecyclable solid wastes. A schedule of fees to be known as the "Transfer Station Fees" shall be established and from time to time amended by the Board of Selectmen. Said fees shall contain the costs necessary to reimburse the Town for the acceptance and disposal of special, unusual, metal, bulky and regulated wastes. Such fees shall be revised by the Board of Selectmen when required to maintain a neutral disposal cost for the items contained in the Transfer Station Fees list.
(3)
Private packer trucks. Packer trucks are not permitted to deposit materials at the solid waste facility. Excluded from this provision are packer trucks operated by or contracted to the Town of Hampton for curbside collection of solid wastes.
D.
Yard wastes.
(1)
Compostable wastes accepted. Compostable materials derived from the annual or regular maintenance of real property will be accepted at the solid waste facility at no charge provided the materials are separated in accordance with posted instructions and match the size requirements when applicable.
(2)
Tree removal wastes. Trees removed from private property may be deposited at the solid waste facility provided the log sections are not longer than 15 inches in length or over six inches in diameter. Large log sections may be split into sections to comply with the six-inch diameter regulations. Logs will be deposited in a designated area, and the materials so deposited may be taken free of charge by any resident or property owner for his personal use on a first-come basis.
(3)
Tree chips. Chips derived from the removal or trimming of trees on public property shall be deposited at the solid waste facility in a designated area. Chips not used on public property for landscaping or beautification purposes may be taken free of charge by any resident or property owner for his personal use on his property located in the Town of Hampton. All tree companies engaged in the removal or trimming of trees and utility line clearance on public property shall deposit the chips and logs derived therefrom at the solid waste facility or be subject to the penalties contained in this article.
(4)
Compostable papers. Paper products that are certified as compostable may be deposited at the composting site free of charge provided they are contained within a biodegradable (paper) bag.
A.
Issuance. The Town may issue permits to facilitate the entrance and use of the solid waste facility.
B.
Revocation of permits. The Board of Selectmen or its authorized representative(s) may revoke permits issued for use and entrance to the solid waste facility for infraction of this article. Such revocation may be for a temporary period or may be permanent depending upon the infraction and its seriousness.
C.
Appeal of permit revocations. Any holder of a permit that is revoked may appeal the revocation to the Board of Selectmen, which shall hold a public hearing concerning the revocation. The Board may uphold the revocation or may overturn the revocation and restore the permit to the original permit holder.
D.
Permits not transferable. Permits issued by the Town for the use of the solid waste facility are not transferable. Such permits shall not be loaned to others and are for the exclusive use of the resident or property owner to whom the permit is issued. Violation of this subsection may cancel the issued permit.
E.
Permit fees not returnable or refundable. If a fee has been charged for the issuance of a permit under this article and the permit is subsequently revoked or suspended for violation of this article, the permit holder is not entitled to a refund of any or all of the permit fee.
In accordance with the provisions of RSA 149-M:17, II(b), any person who violates the provisions of this article shall be subject to a fine of up to $500 to be issued in the form of a summons and notice of fine as provided in RSA 502-A:19-b. Such summons shall be issued by the Town Manager or the Director of Public Works as the enforcing officers for the Board of Selectmen.
If any provision, word, clause, section, paragraph, phrase or sentence of this article is found by a court of competent jurisdiction to be unconstitutional, unlawful or unenforceable, such unconstitutionality, unlawfulness or unenforceability shall not affect the other provisions of this article, provided that the purposes of this article can still be achieved in the absence of the invalid provisions.
This article shall become effective when adopted by the Annual Town Meeting and shall repeal all other ordinances or portions of ordinances that may be in conflict with the provisions herein enacted.