[Adopted 6-25-1990 by Ord. No. 178-90.4]
A. 
The City of Laconia (the "City") has determined that it is in the best interest of its citizens to provide for the disposal of solid waste through a centralized solid waste, refuse-to-energy facility.
B. 
The City has entered into an agreement for formation of the Concord Regional Solid Waste/Resource Recovery Cooperative, amended and restated on December 10, 1987, (the "cooperative agreement"), pursuant to New Hampshire Revised Statutes Annotated Chapters 53A and 292, Chapter 114 of the 1985 New Hampshire Session Laws and Chapter 139 of the 1986 New Hampshire Session Laws, for the purpose of jointly exercising with the other Cooperative members their power and authority for the disposal of solid waste.
C. 
Pursuant to the terms of the service contract between the Cooperative and SES Concord Company, L.P. (the "company"), dated December 2, 1985, and amended August 18, 1987, (the "service contract"), the Cooperative is required to deliver minimum quantities of acceptable waste (as defined herein) to a refuse-to-energy facility to be constructed in Concord, New Hampshire, by the company (the "waste plant").
D. 
Pursuant to the terms of the cooperative agreement, the City is required to deliver minimum quantities of acceptable waste to the waste plant.
E. 
It is desirable and in the interests of the public health, safety and welfare of the citizens of the City for the City to exercise its authority to control the collection, transportation and disposal of solid waste generated within its borders to ensure the delivery of minimum quantities of acceptable waste to the waste plant.
F. 
Pursuant to the authority granted in New Hampshire Revised Statutes Annotated Chapters 149-M:13, 149-M:21 and 47:17, the City adopts the following chapter, to be know as the "City of Laconia, New Hampshire, Solid Waste Flow Control Ordinance."
As used in this article, the following terms shall have the meaning indicated:
ACCEPTABLE WASTE
A. 
Household garbage, trash, rubbish and refuse originating within the boundaries of the City, normally collected or disposed or caused to be collected and disposed of by or on behalf of the Cooperative or its members as a result of residential pickups or deliveries; and
B. 
Such types of agricultural, commercial and light industrial waste originating within the boundaries of the City as are normally collected or disposed of or caused to be collected or disposed of or on behalf of the City, but excluding hazardous waste and unacceptable waste.
FACILITY
The transfer station or other sites or areas designated by the Public Works Director within or outside the borders of the City for the delivery or disposal of acceptable waste collected within the borders of the City pursuant to this article.
HAZARDOUS WASTE
A. 
Includes:
(1) 
Waste containing explosive, toxic or pathological substances;
(2) 
Waste defined or classified as "hazardous waste" at any time under the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6901 et seq.), New Hampshire Revised Statutes Annotated 147A, as amended, or any other applicable federal, state or local law or any regulation thereunder, or waste defined by any applicable federal, state or local law or any regulations thereunder as low-lever or high-level radioactive waste;
(3) 
Waste prohibited for incineration by any local, state or federal agency with jurisdiction over the waste plant because of its toxic nature;
(4) 
Waste (other than acceptable waste of the character referred to in Subsection A of the definition of acceptable waste), the processing of which would result in "hazardous waste" under Subsection A, B or C of this definition;
(5) 
Containers which hold or which previously have held waste described under Subsection A, B or C above.
B. 
If any governmental entity having jurisdiction shall determine that any substances which are not, as of the date of this chapter, considered harmful or of a toxic nature or dangerous are harmful, toxic or dangerous, such substances shall thereafter be deemed "hazardous waste."
PERSON
Any natural person, partnership, corporation, association or other legal entity.
SOLID WASTE
The meaning prescribed by the Division of Solid Waste Management of the State of New Hampshire Department of Environmental Services, as set forth in New Hampshire Administrative Rules He-P 1901.2.
UNACCEPTABLE WASTE
A. 
Pathological and biological waste, oil sludge, cesspool or other human waste, human remains, street sweepings, large items of machinery and equipment, such as automobile and vehicular parts (except tires), trailers, agricultural equipment, marine vessels or similar items, farm and other large machinery, wire and cable from industrial sources, plastics from industrial sources in excess in total of 5% of the City's waste plant waste load, foundry sands, tree stumps, liquid wastes and slurries, explosives (including ammunition and firearms) or radioactive materials;
B. 
Any item of waste exceeding six inches in any one of its dimensions or being in whole or in part a solid mass, the solid portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid portion;
C. 
Animal remains, dirt, concrete and other nonburnable construction material and demolition debris; and chemicals from industrial and commercial sources, such as cleaning fluids, petroleum products, paints, acids, caustics, pesticides, insecticides, poisons, drugs or other materials, the processing of which the company reasonably believes would pose a threat to health or safety or the processing of which may cause damage to the waste plant;
D. 
Any waste which, if processed, would violate or cause the violation of any judicial decision, order or action of any federal, state or local government or any agency thereof or applicable law; and
E. 
Hazardous waste.
A. 
All acceptable waste originating or collected within the municipal boundaries of the City shall be delivered to and deposited for disposal at the waste plant or the facility as designated by the City Public Works Director.
B. 
No person shall deliver or cause the delivery of any solid waste originating outside the municipal boundaries of the City to the facility without the prior written consent of the Public Works Director. No person shall deliver or cause the delivery of any unacceptable waste or hazardous waste to the waste plan or the facility. No person shall cause or allow solid waste originating outside the City, which is delivered to the waste plant by such person, to be credited against the quantity of acceptable waste received or accepted at the waste plant for the account of the City. Any person delivering solid waste originating both within and outside the municipal boundaries of the City to the waste plant shall take adequate precautions to ensure such waste is credited to the account of the appropriate party. No person shall deliver or cause the delivery of acceptable waste to the waste plant in any vehicle with a gross vehicle weight of less than 27,500 pounds.
[Amended 5-14-2012 by Ord. No. 07.2012.07; 6-13-2022 by Ord. No. 2022-194-16.24; 1-22-2024 by Ord. No. 2024-194-16/194-24]
A. 
No person shall collect, transport or deliver solid waste originating within the City without obtaining a license from the City (Public Works Department), except that a person that collects, transports or delivers solid waste exclusively in a vehicle or vehicles with a gross weight of less than 2,000 pounds shall not be required by this section to obtain such a license.
B. 
Any person required by this article to obtain a license shall make application to the City, providing the information required. Each application shall be accompanied by a nonrefundable application fee of $30.
C. 
The application shall contain all information required by the City Public Works Department, including but not limited to a description of the activities engaged in, e.g., collection, transportation or delivery of acceptable waste, the type and amount of waste handled, a description of the facilities operated and used and an equipment inventory, including a description of the make, model and year of each vehicle used for the collection or transportation of solid waste. Licenses shall be renewed annually and all information provided in the initial application shall be revised upon application for license renewal. If the City shall determine the application is incomplete, it shall notify the applicant, in writing, of the specific information necessary to complete it. The City shall be informed immediately, in writing, of any changes in or additions to equipment, including vehicles.
D. 
Licenses issued hereunder shall not be transferable.
E. 
All licenses shall expire on December 31 of each year, unless otherwise stated on the license or revoked or suspended sooner, in accordance with the provisions of this article.
F. 
The annual license fee shall be $250 for each applicant licensed.
G. 
The City of Laconia strongly encourages all licensed haulers to offer recycling collection services in addition to solid waste collection services.
A. 
Any license issued under this article may be suspended or revoked by order of the City after the City shall have notified the licensee, in writing, of the intent to suspend or revoke and the reasons therefor and the licensee has had an opportunity for a hearing, in accordance with the procedures in § 194-19.
B. 
A licensee may be suspended or revoked for the following causes:
(1) 
Violation of this article.
(2) 
Violation of any provision of any state or local law, ordinance, code or regulation relating to this article, including but not limited to RSA 149-M or any environmental law.
(3) 
Violation of any license condition.
(4) 
Falsehoods, misrepresentations or omissions in the license application.
A. 
Any person denied a license or whose license is proposed to be suspended or revoked pursuant to § 194-17 shall be entitled to a hearing before the City Manager, if such request is made in writing within 20 days of the licensee's notification of denial or proposed suspension or revocation.
B. 
A hearing authorized by this article shall be held within the 30 days after receipt by the City Manager of the written request for a hearing.
C. 
The licensee or applicant shall be notified, in writing, as to the time and place of the hearing at least 10 days prior to the hearing date. The applicant or licensee has the right to be represented by counsel, to offer evidence and to cross examine witnesses.
D. 
A determination shall be made by the City Manager within 20 days after the conclusion of the hearing, and a notice of the decision shall be served upon the applicant or licensee by certified mail, return receipt requested.
E. 
A final determination relative to the denial, suspension or revocation of a license and the period of suspension or revocation shall take effect as provided in the notice, but no later than 10 days after the date notice of such final determination has been mailed by certified mail, return receipt requested, to the licensee or applicant. Such final determination shall be conclusive. Notice of the final determination shall set forth reasons for the denial, suspension or revocation and the effective dates thereof, together with a statement that such decision may be appealed as provided in this article.
F. 
Any claim arising out of or relating to a final determination shall be reviewable as provided by the laws of the State of New Hampshire.
This article shall be administered by the City Manager or his/her designee, whose powers and duties are as follows:
A. 
To adopt reasonable rules and regulations as needed to enforce this article, including, without limitation, rules and regulations governing the delivery of acceptable waste to the waste plant or the facility.
B. 
To consider all license applications and to grant or deny each application within 10 working days after receipt of a completed application at the City offices or within such other time as the City Council and the applicant shall agree is reasonable.
C. 
To review all alleged violations of this article and to impose appropriate penalties therefor after notice of hearing, as required by this article.
D. 
To institute necessary proceedings, either legal or equitable, to enforce this article.
A. 
Any person who violates any provision of this article shall be guilty of a violation for each such violation.
B. 
Any person who violates this article shall be subject to a fine, payable to the City, of not more than $1,000 for each such violation.
The provisions of this article shall supersede all other local laws, ordinances, resolutions, rules or regulations contrary hereto or in conflict herewith.
This article may be amended in the same manner as any other ordinance of the City, subject to the City's continuing obligations under the cooperative agreement and the cooperative's obligations under the service contract, as the same may be amended from time to time.
This article shall become effective upon adoption; provided, however, that § 194-15 shall become effective on a date to be designated by the Cooperative in a written notice to the City certifying that the City's obligation under the cooperative agreement to provide acceptable waste to the waste plant shall commence on such date. Notice and publication of the date on which § 194-15 shall become effective shall be made by the City at least 30 days prior to such effective date.