[HISTORY: Adopted by the Town of Salem as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 4-10-1989 (Ch. 302 of the 1995 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this article, the following terms shall have the meanings indicated:
- COMMERCIAL VEHICLES
- Vehicles primarily used for transportation of commercially generated solid waste or residential collections. Examples of such vehicles are compactor trucks, dump trucks or commercially registered delivery or service vehicles used by the owner to transport commercial solid waste.
- LIGHT USE COMMERCIAL VEHICLES
- The words "light use" refer to the expected number of times that the vehicles will be used to deliver commercially generated waste to the transfer station. Examples of such vehicles are a pickup truck with advertising on the exterior and whose owner uses the vehicle to take his personal residential trash to the landfill and whose business generates little, if any, commercial waste and large construction-type vehicles that predominantly deliver material to the wood dump.
- RESIDENTIAL VEHICLES
- Automobiles registered to residents of Salem, New Hampshire, and to those summer residents who own property and pay taxes.
These regulations have been adopted by the Board of Selectmen pursuant to the authority granted the Board by RSA 149-M:17, II.
The Town of Salem transfer station is operated and maintained in accordance with RSA 149-M:17 solely for the disposal of authorized residential solid waste and recyclables generated within the geographical boundaries of the Town. These regulations are intended to:
Prevent the unauthorized entrance to and use of the transfer station;
Prohibit the deposit of illegal and/or unacceptable waste;
Control the deposit of authorized solid waste to facilitate compliance with operating standards, improve efficiency and productivity, encourage recycling and reuse of our resources and to maximize the life of the transfer station; and
Establish equitable fees to be assessed against those who use the transfer station.
It shall be unlawful to deposit waste at the Salem transfer station without having first obtained from the Town of Salem a permit for such activity. The permit shall be in the form of a license issued by the Board of Selectmen of the Town or its designee.
All permits shall expire on December 31 of the year during which the permit was issued.
All permits shall be nontransferable.
Permits must be prominently displayed and affixed in the lower left-hand corner of the windshield on the driver's side of vehicles bearing waste to be deposited at the transfer station.
The following fees are designed to defray some of the expense incurred by the Town in administering the transfer station:
Salem residents must pay a fee as set out in the Town of Salem Schedule of Fees for each vehicle which is to be used to carry waste to the transfer station. Residents of the Town who are 65 years or older and/or residents who are 100% disabled shall be exempted from the fee. There shall be a fee for video display devices as set out in the Town of Salem Schedule of Fees. For the purpose of this article, "video display device" means 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, interiors wires, and circuitry.
Small business owners (haulers) generating solid waste in the Town of Salem may bring said solid waste to the transfer station and shall pay the fees as set forth in the Town of Salem Schedule of Fees.
Residential trash haulers shall be charged according to the Town of Salem Schedule of Fees, as adopted by the Board of Selectmen.
Billing will be on a monthly basis and will be based upon weight records compiled by the Town.
All residential trash haulers delivering waste under this section and according to the schedule set forth above must deliver loads which consist entirely of residential trash or recyclables generated by residences located within the Town of Salem. Any part of a load which is delivered under a residential trash hauler permit and which is found to contain trash generated by commercial establishments or trash generated by residences outside the Town of Salem will subject the holder of the permit to the revocation of permit procedures set forth in § 409-9 below.
Commercial trash haulers hauling solid waste generated by a commercial establishment within the Town of Salem shall bring said waste directly to the designated private facility.
All persons applying for a permit must present vehicle registration with payment tendered for the permit, and the permit shall only be displayed on the vehicle for which the registration was presented. Permits may be obtained and payments must be made at the Tax Collector's office located at the Town Hall, Geremonty Drive, Salem, New Hampshire, during normal business hours.
The Director of Public Works may refuse to accept waste generated from commercial undertakings of either a temporary or permanent nature by posting and publishing a notice of tonnage limitation.
The fees set forth above may be adjusted for inflation on an annual basis by the Town of Salem Board of Selectmen.
Unacceptable waste. Materials which will not be accepted shall include, but not be limited to, the following: commercial waste, pesticides, insecticides, chemicals (when not normally in household waste), pathological and biological waste, radioactive materials, oil sludges, hazardous refuse of any kind or other substances which are now or are hereafter considered harmful, inflammable, hazardous or toxic or which would otherwise not normally be allowed under Environmental Protection Agency regulations or which would be likely to pose a threat to health or safety or which may cause damage to or adversely affect the operation of the Salem transfer station.
Hazardous waste or materials which the Town considers to be detrimental to the operation of the transfer station or which require special handling or disposal procedures will not be accepted. The term "hazardous waste" means:
A solid, semisolid, liquid or contained gaseous waste, or any combination of these wastes, which, because of either quantity, concentration, or physical, chemical or infectious characteristics, may:
Any material which has been identified as hazardous waste by the Bureau of Solid Waste Management of the State of New Hampshire using the criteria established under RSA 147-A:3, I, or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, or strong sensitizers or which generate pressure through decomposition, heat, or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.
Tires will not be accepted.
Stumps will not be accepted at the transfer station, and persons carrying stumps will be directed to a facility which has agreed with the Town to take the stumps, subject to the regulations and fees established by that facility.
Bulky metals and/or vehicles having a net legal load limit of one ton will not be accepted. Metals must be taken directly to a commercial scrap dealer.
Logs greater than four inches in diameter or four feet in length may not be deposited.
Lumber and other demolition materials (i.e., footers and wood sheathing with asphalt shingles attached) are not accepted.
Appliances containing Freon will be placed in a separate pile from bulk metal.
No commercial and/or business use of the brush area is allowed.
A small business owner (hauler) who is a resident and has a small business permit to use the transfer station for trash will need a separate residential permit to use the brush area for residential use. Any such double permit holder found to be bringing in demo and/or brush to the site from any commercial enterprise or any source other than his Salem residence will risk losing both permits under the provisions of this article.
Only three bulky coupons per household/residence per year are allowed; not issued per residential permit or per vehicle.
To be used to bring to the brush area any residential furniture, mattresses and box springs.
Bulky coupons are not necessary to bring in residential yard waste and brush.
Bulky coupons shall be used with a vehicle no larger than a pickup truck or household-size trailer.
Bulky coupons are not transferable and shall be completely filled out prior to acceptance.
The use of a bulky coupon is not necessary for the disposal of metal and appliances.
Any items or materials that the Board of Selectmen or its designee has designated as recyclables must be separated from normal household trash by users of the transfer station. Items designated as recyclables may change or new recyclables may be added. Users of the transfer station will be made aware of changes and must conform to such changes.
Recyclables must be cleaned and deposited by the users of the transfer station in specified areas. No other items or materials shall be placed in these specified areas.
Failure to recycle will result in revocation of the violator's permit.
Any items or materials that the Board of Selectmen or its designee has designated for reuse as fertilizer or landscaping materials must be placed by the users of the transfer station in specified areas. No other materials shall be placed in these specified areas. Separation of leaves from other yard waste is required when composting. Additionally, leaves must be removed from bags.
Regulations. The Department of Public Works is hereby authorized to promulgate additional regulations, subject to the approval of the Board of Selectmen, which may include but are not limited to the following subjects:
Revocation of permit.
The Scalehouse Operator will recommend revocation of the permit of any holder when he makes a written finding to the Director of Public Works that the holder of the permit or his agent has violated any provisions of these regulations or any regulations promulgated hereunder. Upon review of the Scalehouse Operator's recommendation and written findings, and if in agreement with said recommendation, the Director of Public Works will provide written notice of the revocation to the holder of the permit by certified mail. Any person provided with such a notice of revocation may request a hearing before the Town Manager within 15 days of the receipt of such notice. The Town Manager will affirm or reverse the action of the Scalehouse Operator. The revocation of the permit will be stayed during the pendency of the appeal. Appeals from the decision of the Town Manager may be taken directly to court.
The penalty for the first offense under this section shall be revocation of permit for a period of six months. The penalty for a second offense shall be revocation for a period of 12 months. The penalty for a third offense shall be permanent revocation of permit. The revocation of a permit pursuant to this section prohibits the previous holder of that permit from depositing any material at the Salem transfer station.
Damages. Any person who deposits unacceptable waste as that term is defined in § 409-5 above shall be responsible for the removal of all unacceptable waste and shall fully indemnify the Town of Salem from any damages resulting from the deposit of unacceptable waste at the Salem transfer station. All persons depositing unacceptable waste shall be prosecuted to the full extent provided by law.
Fines for violation of the provisions of this article, as adopted by the Board of Selectmen, are on file with the Town Manager and on the Town of Salem website. Pursuant to RSA 149-M:17, II(b), the Town is authorized to levy a civil penalty of up to $3,000 for each act which violates this article, notwithstanding RSA 31:39, III.