[Adopted 11-19-2019 by Ord. No. 2019-06.
As used in this article, the following term(s) shall have the
meaning(s) indicated:
ARRANGEMENTS
The process by which the Town plans for and carries out the
separation, weighing, collection, hauling and disposal of solid waste
and recyclables within the Town.
BULK ITEM
An item of solid waste that is not recyclable and is too
large to fit in a bag placed inside the universal cart or heavier
than 50 pounds.
BUSINESS FIRMS
Any commercial establishment doing business within the Town
of Smithfield.
CARTS or TOTERS
Receptacles provided to residents by the Town for the purpose
of collecting solid waste and recycling. The lid of the recycling
cart is yellow and is labeled "Recycling only" and the lid of the
trash cart is green and is labeled "Trash only."
CONSTRUCTION DEBRIS
Any material resulting from the remodeling or demolition
of a house or structure, i.e., windows, doors, house and bathroom
fixtures, siding, etc.
DEM
The Department of Environmental Management of the State of
Rhode Island.
HAZARDOUS WASTE
Any waste as defined in the G.L. 1956, § 23-19.1-4,
and in regulations adopted pursuant thereto and as they may be amended.
Some examples of hazardous materials are any materials with packaging
containing a hazardous or toxic symbol, chemicals, solvents, propane,
gasoline, oil, etc.
HOUSEHOLD HAZARDOUS WASTE
Hazardous solid, liquid or gaseous waste generated by residents
of the Town of Smithfield. Some examples of hazardous materials are
any materials with packaging containing a hazardous or toxic symbol,
chemicals, solvents, propane, gasoline, oil, etc.
LOCAL RECYCLING PROGRAM
A recycling program for municipal solid waste, as set forth
in a local recycling plan, approved by the state, pursuant to the
municipal recycling regulations as amended.
MIXED RECYCLABLES
Recyclable materials, as specified by Rhode Island Resource
Recovery Corporation and Rhode Island Department of Environmental
Management, in accordance with regulations, which are required to
be removed from municipal solid waste at the source and placed in
the universal roll-out cart provided by the town for transport to
Rhode Island Resource Recovery Corporation for recycling. The materials
to be included may change from time to time depending upon new technologies,
economic conditions, waste stream characteristics, environmental effects
or mutual agreement between state and municipalities.
MUNICIPAL SOLID WASTE
Solid waste generated by the residents of the Town in the
course of their daily living, the disposal of which the governing
body of the Town has undertaken in the discharge of its duties to
protect the health of the Town. The term "municipal solid waste" does
not include solid waste generated by residents of the Town in the
course of their employment or that are generated by any manufacturing
or commercial enterprise.
RECYCLABLE MATERIALS
Materials separated from municipal solid waste stream, prior
to disposal, for reuse in the form of raw materials for new, used
or reconstituted products, which meet the quality standard necessary
to be used in the marketplace and that are not landfilled.
RESIDENT
Anyone residing in the Town for any period of time who generates
solid waste for which the Town accepts responsibility for disposal.
SOLID WASTE
Garbage, refuse or other discarded solid materials generated
by residential, institutional, commercial, industrial and agricultural
sources but not including solids or dissolved material in domestic
sewage or sewage sludge, nor hazardous waste as defined in the Hazardous
Waste Management Act, Chapter 19.1 of the General Laws of Rhode Island.
TRANSFER STATION
A facility operated by or for the Town; the purpose of which
is the temporary storage and accumulation of municipal solid waste
prior to its transport to and disposal at the Rhode Island Resource
Recovery Corporation's landfill or another facility designated
by RIRRC.
WHITE GOODS
Major kitchen or laundry appliances, including but not limited
to stoves, washers, refrigerators, dryers and water heaters. Nothing
in this definition shall waive compliance with the rules and regulations
for generation, transportation, storage and disposal of hazardous
waste.
YARD WASTE
Leaves, grass clippings, weeds, herbaceous garden waste,
brush, shrub and tree pruning and branches no more than three feet
in length and two inches in diameter.
There is hereby established a program for the mandatory separation
of certain recyclable materials from municipal solid waste by the
residents of the Town and the collection of segregated municipal solid
waste at the resident's curbside or at other specific locations.
The collection of separate recyclables shall be made periodically
under the supervision of the Director of Public Works and Recycling
Coordinator.
The Director of Public Works shall establish an accurate system
to keep monthly records of weights of total municipal solid waste
and of recyclables, which are separated from the total municipal solid
waste stream.
The Director of Public Works shall give notice to RIRRC of any
significant change in solid waste disposal arrangements.
The Town Council shall appoint an individual, either part-time
or full-time, municipally or regionally, to coordinate the refuse
and recycling program with the Department of Public Works, private
trash haulers and recycling facilities and RIRRC and to provide recycling
education for residents and school children. These tasks shall be
accomplished in a manner consistent with state and federal regulations.
The Recycling Coordinator shall implement a public education
and information program, consisting of speaking engagements, school
presentations, preparation of press releases, direct mailings, special
events and other such efforts to inform the public of the benefits
of recycling and the mechanics of its implementation in their community,
in accordance with Sections 5-4a and 8.3f-8 of RI Municipal Recycling
Regulations, as amended.
The Town shall provide a schedule for the collection of mixed
recyclables from residents. Such materials shall be placed at the
curbside, mixed together in the universal roll-out cart colored green
with a yellow lid. Items shall be clean and dry. Containers shall
be empty and rinsed. Recyclables shall be loose within the cart, not
contained in plastic bags.
All carts shall be placed on the outer edge of the sidewalk,
not later than 6:00 a.m., on your collection day or the night before
your collection day. The trucks will not collect over the same route
twice on the same day. The Town cannot authorize the placing of carts
on the sidewalk, except for the purpose of collecting same. All damages
caused, occasioned or resulting from their presence must rest on the
person who placed them there. The Department of Public Works will
be responsible for repairs or replacements of carts damaged by Town
plows or Town vehicles. All carts must be removed from the highways
within 24 hours of collection. If a cart is stolen, the resident must
go to the Smithfield Police Department and file a report. A copy of
the report must be submitted to the Department of Public Works with
a written request for a new cart. Residents are allowed one Town-owned
replacement cart, per dwelling, at no charge, in the event a cart
is stolen. All trash must be bagged before being placed in the cart.
The lid to the cart must closed tightly and no material may be sticking
out of the cart. Place carts no more than three feet from the street
and at least four feet from obstacles such as mailboxes, fire hydrants
and telephone poles. Cart handles and wheels should be facing the
house and the arrows on the lid should face the street. The "No Bin
No Barrel" Policy is still in effect. Your recycling cart must be
out in order to receive trash collection.
The Director of Public Works shall have prominently published
the initial schedule for collection and shall publish a new schedule,
thereafter, whenever there is a change in either materials to be collected,
regulations, collection procedures, schedules or a change in the waste
hauling contractor.
Under no circumstance will loose trash be collected. All trash
must be bagged before being placed in the cart. The lid must close
tightly.
Residents are required to call the Department of Public Works
to schedule a pick-up or go to our on-line form. White goods and bulk
items shall be placed curbside, no earlier than 24 hours before the
scheduled pick-up day.
Yard waste will be collected, according to the Trash and Recycling
Calendar, distributed by the Director of Public Works. Yard waste
must be placed in brown paper "yard debris" bags, barrels without
wheels that have been labeled "yard waste" or in tied bundles of branches
no more than three feet in length and two inches in diameter. There
is a maximum of 12 items collected per household, including trash
and recycling carts.
The Town will not collect construction waste. Construction waste
must be stored in containers deemed appropriate and reasonably determined
by the Building Official. Construction waste must be removed within
48 hours of the substantial completion of work on the subject property.
No person having custody or control of residential, industrial
or business premises from which solid waste, including recyclables,
is collected for disposal shall permit or cause any solid waste, including
recyclables, within his or her control to become a hazard to public
travel, health or safety or to become a nuisance of any sort. Solid
waste, including recyclables, white goods, and bulk items, left at
the curbside for a period of more than 24 hours shall be considered
a nuisance and said person having control may be subject to fines
or penalties.
Once municipal solid waste, including recyclables, has been
placed at the curbside, such solid waste becomes the property of the
Town. No person engaged in the business of separation, recovery, collection,
removal, storage or disposition of solid waste shall pick up or procure
any recyclable materials, as defined under this article or a valid
regulation, within the Town, except as specifically authorized by
the Director of Public Works. This restriction shall also include
any resident, taxpayer or other person who might engage in such practice
for personal gain.
No solid waste will be removed from commercial establishments
by the hauler collecting municipal solid waste for the Town.
It shall be the duty of the Chief of Police of the Town to enforce
the provisions of this article.
Penalties for residential noncompliance or violations of the
provisions of this article shall be as follows:
A. First offense: A verbal notification delivered and recorded by the
Director of Public Works, or his designee, to the resident.
B. Second offense: A written warning, delivered and recorded, that subsequent
violations shall result in the fines from the Department of Public
Works.
C. Third and subsequent offense: Any person who violates any of the
provisions of this article, after receiving a written warning of the
same offense, shall be subject to a fine of not more than $100 for
each subsequent offense.
Penalties for business firm noncompliance or violations of the
provisions of this article shall be as follows:
A. First offense: a written notification delivered and recorded by the
Director of Public Works, or his designee, to the business firm.
B. Second offense: a written warning, delivered and recorded by the
Director of Public Works, or his designee, stating that subsequent
violations shall result in the payment of fines.
C. Third offense: any business firm that violates any of the provisions
of this article after receiving a written warning of the same offense
shall be subject to a fine of not more than $500.
D. Subsequent offenses: Any business firm may be subject to suspension
or revocation of its license to do business by the Town Council for
repeated violation of any provision of this article.
The Director of Public Works may issue permits to private parties
or charitable organizations to collect recyclable materials, on the
condition that a report is filed by such party or organization, detailing
the amount of each material collected and provided that the Director
of Public Works determines that such collection does not defeat the
purpose or cost effectiveness of the Town's recycling program
nor conflict with the Town's local implementation program.
The Director of Public Works is empowered to supervise, facilitate
and contract with either state recycling facilities as mandated by
the General Laws of the State of Rhode Island or with commercial firms
for the receipt and processing of recyclable material, in a manner
consistent with the Town's local implementation program, that
yields the best rate of recycling and the most cost-effective results
for the Town.
This article and various parts, sections and clauses thereto
are hereby declared to be severable. If any part, sentence, section
or clause is adjudged invalid, it is hereby provided that the remainder
of this article shall not be affected thereby.