[HISTORY: Adopted by the Town of Rye as indicated in article histories. Amendments noted where applicable.]
[Adopted by Town Meeting 3-14-1992 by Art. 16 (Ord. No. 13)[1]]
[1]
Editor's Note: Prior to adoption by Town Meeting, this ordinance was adopted by the Board of Selectmen 2-3-1993.
The Board of Selectmen, for the health, welfare and safety of the residents of the Town of Rye, and for the prudential management of municipal solid waste, has enacted the following regulation as empowered by NH RSA 147:1 and NH RSA 41:8.
[Amended 3-10-2020 by Art. 28]
To provide the residents and property owners of the Town of Rye with facilities to properly manage and dispose of municipal solid waste generated within the Town, the Town operates a recyclables dropoff area, brush dump, and refuse dropoff area at the Rye Transfer Station on Grove Road. Volunteers operate a swap shop for reusable items at the same location. Through its membership in the Southeast Regional Refuse Disposal District, the Town provides for the disposal of municipal solid wastes at additional facilities such as the Turnkey Landfill in Rochester, New Hampshire.
A. 
Permits are required for the use of the Town's municipal solid waste facilities. Only municipal solid waste originating in the Town of Rye shall be deposited at the Town's municipal solid waste facilities. Proof of a valid vehicle registration in the Town of Rye is required for every permit requested. Except for temporary permits as hereinafter provided for, permits will be issued without an expiration date and must be attached to the driver's side front bumper of the vehicle to be effective.
B. 
Temporary permits are available for residents/property owners utilizing the services or vehicles of others for the disposal of their (residents/property owners) solid waste. Residents/property owners may obtain temporary permits which shall be valid for a single day at a time. A hauler serving a resident/property owner may obtain such a temporary permit provided he presents a letter of request for the same duly signed by the resident/property owner. Temporary permits must be prominently visible inside the vehicle windshield.
[Amended 3-10-2020 by Art. 28]
C. 
Contractor permits shall be issued to contractors and landscapers doing business with residents of and in the Town of Rye, New Hampshire. Contractors shall obtain a yearly permit issued at the Transfer Station, by the Transfer Station staff, for a yearly fee of $150 for nonresident contractors and landscapers, said contractor permit being good for one calendar year, running from January 1 until December 31 of each calendar year.
[Added 3-8-2016 by Art. 17]
A. 
All persons or establishments utilizing the Rye Transfer Station must participate in recycling by separating out the following materials and by depositing the same at/in each material's designated area/container:
[Amended 3-10-2020 by Art. 28]
(1) 
Newspaper.
(2) 
Corrugated cardboard.
(3) 
Clear glass.
(4) 
Green glass.
(5) 
Brown glass.
(6) 
Aluminum cans.
(7) 
Plastic containers HDPE and soda bottles.
[Amended 3-18-1995 by Art. 19]
(8) 
Engine oil.
(9) 
Miscellaneous petroleum.
(10) 
Tires (removed from rims).
(11) 
Automotive batteries.
(12) 
Wet cell batteries.
(13) 
Iron.
(14) 
Steel.
(15) 
Aluminum.
(16) 
Brass.
(17) 
Copper.
(18) 
Appliances.
(19) 
Logs.
(20) 
Kindling wood.
(21) 
Reusable lumber.
(22) 
Wood chips.
(23) 
Books.
(24) 
Clothing.
(25) 
Usable furniture, equipment and miscellaneous articles.
(26) 
Tin cans.
[Added 3-18-1995 by Art. 19]
(27) 
Glossy newspapers, box boards, magazines, and telephone books.
[Added 3-18-1995 by Art. 19]
(28) 
Junk mail.
[Added 3-18-1995 by Art. 19]
B. 
None of the above items will be allowed in the packer or brush dump. Residents may take any of the wood products, books, and reusable furniture, equipment and miscellaneous articles free of any charge. It is requested, but not required, that all bottles and cans be rinsed.
C. 
Charges shall not be assessed for the deposit of the above-listed items, in quantities normally contained in residential waste, unless the cost of separate disposal of these items exceeds the Town's current cost of disposal of municipal solid waste, all as determined by the Board of Selectmen.
D. 
All persons or establishments utilizing a private collection or hauling service which disposes of refuse at a facility where the cost of disposal is paid with Town funds shall separate all of the above-listed items from their refuse prior to collection by the private service.
[Amended 3-10-2020 by Art. 28]
The Rye Transfer Station is located at the corner of Grove and Washington Roads. The recyclable and refuse dropoff areas shall be operated Tuesday through Saturday, 7:30 a.m. to 3:45 p.m. The brush dump section will be operating on only Tuesdays and Saturdays from 7:30 a.m. to 3:45 p.m. No portion of the facility will be opened on holidays regardless of the day of the week the holiday falls on. An attendant will be present during operational hours and has the authority to direct the proper placement of both solid waste and recyclable materials, and he may deny use of the facility to any person violating this regulation. Dumping is strictly prohibited when the facility is closed as is the leaving of rubbish at the gate or along the roadway; persons doing either will be subject to prosecution for trespassing and/or littering as the case may be. All debris transported over Rye roads must be covered or otherwise contained to prevent spillage and noncompliance with this provision may be cause for denial of admission to the facility.
A. 
Each resident/owner is limited to three cubic yards per week for items placed in the brush dump. The following items are allowed but must not be more than four feet in length:
(1) 
Wood (placed in designated area for recycling).
(2) 
Brush.
(3) 
Grass clippings.
(4) 
Leaves.
(5) 
Tree limbs.
B. 
The following items are not allowed to be placed in the brush dump:
(1) 
Mattresses and box springs.
(2) 
Metals (place in metal collection area).
(3) 
Waste oil (place in oil receptacle tank).
(4) 
Automotive tires (place in designated area).
(5) 
Any portion of dead animals or fish.
(6) 
Plastic bags.
(7) 
Tree stumps.
Hazardous wastes, except for items such as engine oil which are recycled at the facility, shall not be delivered to the facility at any time. They include but are not limited to the following:
A. 
Pathological wastes.
B. 
Radioactive wastes.
C. 
Infectious wastes.
D. 
Veterinary or animal wastes.
E. 
Pesticides or organic fluids.
F. 
Waste materials generated in the treatment or care of patients, by hospitals, nursing homes, doctors/dentists offices, laboratories, and health care facilities of any nature.
[Amended 3-10-2020 by Art. 28]
Only solid waste having its origin in the Town of Rye will be accepted at the Rye Transfer Station. Residents owning/operating businesses/property outside the Town of Rye or any other generators of solid waste are not authorized to bring that solid waste to the Rye Transfer Station. This exclusion specifically prohibits items listed under § 140-6, Restrictions on use of brush dump, and § 140-7, Hazardous wastes, plus any and all other types of solid waste.
Failure to abide by any term or provision of this regulation shall be considered a violation as defined by NH RSA 625:9 and shall be administered as follows:
A. 
A first violation will result in a written warning being given to the violator.
B. 
A second violation shall be prosecuted as an offense under the Criminal Code of the State of New Hampshire and on conviction a fine or penalty of $100 will be imposed.
[Amended 3-10-2020 by Art. 28]
C. 
A third violation shall be prosecuted as an offense under the Criminal Code of the State of New Hampshire and on conviction a fine or penalty not to exceed $1,000 will be imposed and future use of Town municipal solid waste facilities denied.
[Amended 3-10-2020 by Art. 28]
The foregoing modifies all prior regulations, ordinances and provisions of any nature relative to use of the municipal solid waste facilities. In the judgment of the Selectmen, the health and safety of the people and the Town of Rye require this action at this time. This regulation shall take effect when approved by the Board of Selectmen, recorded by the Town Clerk and posted at Town Hall and the public library.