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
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.
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.