[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:
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
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.
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.
Includes:
Waste containing explosive, toxic or pathological substances;
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;
Waste prohibited for incineration by any local, state or federal
agency with jurisdiction over the waste plant because of its toxic
nature;
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."
Any natural person, partnership, corporation, association
or other legal entity.
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.
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;
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;
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;
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
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.
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.
[Amended 6-13-2022 by Ord. No. 2022-194-16.24]
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.
[Amended 6-13-2022 by Ord. No. 2022-194-16.24]
G.
The City of Laconia strongly encourages all licensed haulers to offer
recycling collection services in addition to solid waste collection
services.
[Added 5-14-2012 by Ord. No. 07.2012.07]
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.
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.
