The purpose of this chapter is to describe the procedures and
requirements for the management, handling, and disposal of solid waste
generated within the City of Franklin, New Hampshire. These provisions
shall apply but not be limited to all activities at the Franklin transfer
station; commercial collection and storage; recycling; the City-provided
automated curbside collection system means of specialized containerized
service using mechanized equipment; and all phases of solid waste
enforcement. The proper management of solid waste is necessary to
protect the health, safety and welfare of the citizens, property owners,
and visitors to the City of Franklin.
The following words and abbreviations used in this chapter shall
mean and be defined as outlined below. Any other words not outlined
below and used in this chapter shall have its commonly used and understood
definition.
A street or road that has been formally accepted and approved
by the City Council for public use and maintained by the City, as
well as any New Hampshire Department of Transportation state highway
within City limits.
The curbside solid waste collection system used by the City
of Franklin by means of automated collection trucks and specialized
containers lifted into trucks by mechanical arms. There are two terms
used in this chapter, "automated residential curbside collection system,"
specifically addressing residential pickup, and "automated commercial
curbside collection system," specifically addressing commercial pickup,
both of which are discussed later in this chapter.
The automated curbside collection system level being provided
to eligible properties as defined in this chapter for curbside collection,
and the disposal of municipal solid waste at the transfer station
in compliance with "Transfer Station Guidelines" which will be updated
with the City Council approval of a new Solid Waste Ordinance.
Waste that is diverted to the end source without passing
through the transfer station.
The City of Franklin, New Hampshire, including City staff
or subcontractors.
The legislative body of the City as defined in the Franklin,
New Hampshire, City Charter.
A private, licensed company, corporation, or individual that
operates within the City for the collection and disposal of solid
waste hired either by the City or by the residential or commercial
property owner.
A commercial property containing a business entity or similar
use, or a residential multifamily housing dwelling of three or more
units or any combination thereof to include condominiums. The unit(s)
may be an individual and/or standalone use, or it may be of mixed
use with multiple business activities or commercial dwelling units.
The cooperative of which the City is a participating member
where certain types of solid waste are disposed of for incineration;
referred to as "CRSWRRC" in this chapter.
All building and construction material not fit for processing
at the incinerator or alternate facilities as specified in their regulations
for delivery of materials.
A private, licensed company, corporation, or individual that
operates within the City to manage and provide municipal solid waste
curbside collection services. Also, a contractor licensed to provide
various types of solid waste collection services within City limits.
A notice, issued by the Director of Municipal Services or
designee(s), under the enforcement provision outlined below, to inform
a resident or property owners that they are not in compliance with
one or more provisions of this chapter. This notice may be used as
the first step in the overall enforcement process and is intended
to be an educational and informational reminder for the proper preparation,
handling, and management of municipal solid waste by the property
owner.
All containers used in the employ of curbside collection
are issued by, and are the property of, the City of Franklin.
The individual property owner, tenant, lessee, or other party
receiving the base level collection service provided by the City,
or who uses the transfer station.
The Director of the Municipal Services Department or a designee(s)
to act on the City's behalf to manage its Municipal Solid Waste
Curbside Collection Program.
A notice, issued by the Director of Municipal Services or
designee(s) under the enforcement provision outlined below, to inform
a resident(s) or property owner(s) they are not in compliance with
one or more provisions of this chapter. This notice may be used as
the first or second step in the overall enforcement process. The issuance
of multiple formal notices can result in loss of service, penalties,
or enforcement actions as outlined in this chapter.
The amount of municipal solid waste that the City delivers
to the CRSWRRC and other permitted solid waste disposal facilities
on an annual basis. This amount is annually calculated by the City
and may change as the generation rates of municipal solid waste increase
or decrease due to the various factors including: population growth,
increases in the amount of solid waste generated, or general economic
and market conditions.
All waste identified by the New Hampshire Department of Environmental
Services and the NHDES Solid Waste Management Bureau requiring special
handling, transport, and disposal.
The facility being used by the City for the disposal and
processing of solid waste.
The committee established by the City Council to advise the
Department on operational and budgetary issues and referenced in this
chapter.
The department of the City that is responsible for the collection,
handling and transport of all solid waste and trash and recyclable
materials and referenced in this chapter as the "MSD."
Conditions can occur such that a container that can no longer
serve the intended purpose and safe functional operation. Such conditions
may include but are not limited to missing parts, parts that are no
longer functional such as wheels and lid, a container that can no
longer be safely emptied by mechanical means or a container that exhibits
conditions that pose a safety threat to the container user, passerby
and/or operators of the automated equipment used to empty the container.
Containers that are damaged and/or rendered no longer usable
due to normal wear and tear will be replaced by the Municipal Services
Department at no charge.
Containers that are damaged, rendered no longer functional or
are unsafe due to intentional abuse or misuse will be repaired and/or
replaced at the expense of the property owner to whom the container
was issued. The determination to repair or replace will be made by
the Municipal Services Director or designee and that decision will
be final.
This includes procedures and guidelines prepared by the Director
of Municipal Services and City staff for the proper implementation
and operation of the provisions of this chapter.
For the purposes of this chapter this includes all the materials
accepted by the City for recycling which will be transported to firms
contracted by the City for recycling services. These materials are
generated by residential units and commercial properties for disposal
at the transfer station or a satellite collection center. The Director
will issue a list of acceptable items, which may change due to market,
regulatory and economic conditions. There are a variety of recyclable
materials that include: glass bottles, tires, metals, clothing, batteries,
household appliances, waste oil, mercury-containing devices, non-burnable
wood waste and construction materials, leaves and yard waste, and
other items included by the Director on the allowed-items list, which
can be found in the written "Transfer Station Guidelines."
An individual residential dwelling used for habitation. A
single-family home is one unit, a two-family structure is a two-unit
building, and a multiunit building or complex is designated by the
number of individual units such as apartments, condominium complexes,
mobile/manufactured home parks, or a mixed-use or cluster type of
building development categorized as commercial use.
The removal of, or the rummaging through, any form of solid waste (any recyclable or nonrecyclable material) from any container that has been placed at the curbside for collection by the City or for disposal at the transfer station is prohibited. All solid waste and recyclable materials placed on the curbside for collection, or brought to the transfer station, are considered the property of the City of Franklin, and no scavenging of the materials is permitted. This section notwithstanding, the proper management of the materials placed curbside for collection is the responsibility of the property owner, directly or through any tenant or lessee, as outlined in § 257-7.
Items exempt from, or not accepted for, regular curbside
municipal solid waste collection, which is acceptable at the transfer
station in accordance with the State of New Hampshire issued permit
to operate. Separated materials must be placed in the designated container(s)
at the transfer station.
A type of recycling program that allows for the mixing of
all types of recyclable materials. The mixing is done by the homeowner
or another resident, a business, or a property owner.
This is the entire waste stream which includes both recyclable
and nonrecyclable materials; also, sometimes referred to as the solid
waste stream.
Types of wastes that are liquid, solid, gaseous or vapor
in nature not considered hazardous requiring special handling. This
waste is not permitted to be disposed of through curbside collection.
It may be taken and separated at the transfer station for appropriate
disposal.
Any state or federal statute, law, regulation or policy intended
to address any issue related to the collection, storage or disposal
of any solid waste material or any unacceptable or prohibited material.
The facility operated by the City, located on Punch Brook Road, where eligible residents, businesses, contractors and persons may deposit trash, recyclables, and various yard and construction waste materials. Please refer to Article III of this chapter and the "Transfer Station Guidelines" for additional information.
A written information packet summarizing operational guidelines,
facility rules and other pertinent information for the public who
use the facility. These guidelines are updated as needed by the Municipal
Services Director for public distribution.
Typical municipal solid waste (MSW), i.e., trash and garbage
that is generated by a residential dwelling unit or a commercial property,
not requiring special handling.
Waste not designated in the City's permit or not permitted
in the solid waste stream by an applicable city ordinance, state or
federal statute or law, or by firms contracted with the City to handle
and dispose of the waste.
The Director of the Municipal Services Department or designee(s) (hereinafter the "Director" and the "Department" respectively), shall have responsibility for the administration of this chapter subject to the direction and control of the City Manager and the City Council. As deemed appropriate by the Director, certain responsibilities may be delegated to the Deputy Director or other appropriate City staff. As outlined below in § 257-10, the Director shall have the full authority to make and enforce certain policies and procedures to carry out the purpose of this chapter.
By and through this chapter, it is a requirement in the City of Franklin that all waste delivered to the municipal transfer station be separated by type and disposed of in a designated appropriate container(s). The mixing of special waste with trash is a violation of this chapter and subject to the appropriate enforcement procedures as outlined in § 257-11. The reason for mandatory separation at the transfer station is to help manage, contain and control the costs associated with the disposal and management of solid waste by diverting as many recyclables and specialized types of solid waste from the stream as possible and in accordance with waste bans required by the State of New Hampshire. The listing of designated recyclable materials shall be prepared by the Director and included in the "Transfer Station Guidelines," which can be found on the City website under "transfer station," and at the Municipal Services Department office. The list will also be available to civic and business organizations for use in their events and programs.
The City Council and the City Administration recognize that
the most efficient, cost-effective way to handle/dispose of solid
waste is to design and implement a solid waste program. Secondly,
residents should be educated on ways to separate, reduce, reuse, and
recycle as much solid waste as possible. The strong potential exists
that costs associated with the disposal of trash will continue to
increase and one method of reducing the overall costs to the City
is to recycle and separate as many materials as possible. While the
markets for recyclables are always fluctuating, the costs of disposing
of solid waste are generally lower than the costs of disposing of
nonrecyclables, if separated. Thus, the City along with interested
individuals, schools, and civic organizations, will educate, inform,
and encourage residents and business owners regarding City solid waste
collection and disposal methods. Educational outreach programs and
information will be made available on the City website, through the
schools, at community events, cooperative efforts with local businesses
and in the local media. The City Council welcomes the cooperation
and assistance of all residents in making Franklin a leader in programs
that reduce, reuse and repurpose all types of municipal solid waste.
It shall be a violation of this chapter for any individual, business, property owner, or other person or entity to unlawfully dispose of any solid waste, hazardous waste or special waste in a manner not in accordance with the provisions of this chapter or contrary to any policy, regulation or guidelines established hereunder, or any applicable state statute or regulation. The dumping or disposal of any type of waste generated from any location outside of the boundaries of the City shall also be considered a violation. The previous sentence notwithstanding, the burial/disposal of ash on the CRSWRRC property, or any future disposal agreement with the CRSWRRC to use their land within the City, and approved by the City Council, shall be exempt from the restrictions of this section. The penalties for any violation of this chapter will be as outlined in § 257-11 below. Certain materials are not accepted and prohibited through the City Curbside Collection Program and at the transfer station. These materials may be banned through state or federal statutes or regulations, by the owner/operator of the incinerator where City trash is burned, any future final disposal location, or by City ordinance per regulation. No individual shall dispose of or accumulate any unacceptable materials, as defined in § 257-2, the definition of "unacceptable and unapproved waste," within the City on public or private property. The Department office can be contacted for a listing of such materials or will direct the party to an online list outlining such materials. Violations may be reported to the City of Franklin Municipal Services Department at 43 West Bow Street or by calling 603-934-4103.
The City assumes no obligation under this chapter to remove trash, recyclables, garbage, rubbish, or other solid waste that is not properly managed and containerized by the property owner in conformance with this chapter. It shall be the duty of any person owning, or having under his or her control, any property in the City to keep the same free from paper, rubbish, garbage and any other types of accumulated waste that may be a fire hazard, or obnoxious or dangerous to the general health, safety or welfare of the public and surrounding properties. If the City's Property Maintenance Code (Chapter 233), the Fire Chief, the Health Officer, the Code Enforcement Officers, Municipal Services Director, or the City Manager makes a determination that said material constitutes such a hazard or danger, then the owner or the responsible party shall remove said materials if ordered to do so by the appropriate City official.
The use of containers intended for the management of solid waste, whether for residential, commercial, or industrial purposes, and in place on the subject property, is limited to the property owner, tenants, or lessees. No unauthorized person shall place or dispose of any solid waste in said containers, and any such placement or disposal shall be considered a violation of this chapter and subject to the enforcement provisions of § 257-11. The containers issued by the City for the automated curbside collection program shall not be used by any individual for any other purpose other than the collection of curbside waste generated from within the City.
The Director shall have the authority to create, and modify
as needed, policies and procedures necessary and appropriate for the
effective implementation of the provisions of this chapter. These
policies/procedures are intended to address specific sections of this
chapter outlined below, or the general management and disposal of
the overall solid waste stream, and shall apply to the automated curbside
collection system, the operation of the transfer station, and any
private commercial collection services. This authority is deemed necessary
by the City Council due to the variety of factors including, but not
limited to: economic conditions, any changes to applicable state or
federal law or regulation that affects the disposal of solid waste
and recyclables, or the availability of markets and/or disposal sites
for either solid waste or recyclable materials.
The MSD Director and other City staff identified in this chapter are authorized to issue notices of noncompliance when it is determined that a property is in violation of the provisions of this chapter. The violation of any provision of this chapter shall be considered a violation of the Codes of the City of Franklin and may result in the issues of notices, fines, penalties, or prosecution through the appropriate court of jurisdiction. Each violation shall be considered a separate offense and each day a violation exists shall be a separate violation. The City shall seek compensation from the violator for the costs of any prosecution associated with the enforcement of this chapter. Per § 1-16, General Penalty, of the City Code, the fines shall not exceed $1,000 per violation. The Director reserves the right to issue courtesy notices intended to inform the property owner that certain materials are not authorized for pickup or disposal. If two courtesy notices are issued to an individual property within the previous three months, then the next violation shall result in the issuance of a formal notice of noncompliance. The forgoing sentence notwithstanding, the Director is authorized to issue formal notices at any point in time if deemed as an appropriate enforcement action. The courtesy notices or the formal notices of noncompliance may be issued by the Director, the MSD's solid waste staff, or the City's Code Enforcement Division. The issuance of two notices of noncompliance may result in the loss of service for curbside pickup, and/or prohibit the offending individual from using the transfer station, until and unless the property owner/customer meets with the Director or designee(s) to discuss the violations and establish a mechanism to bring the property into compliance.
The City reserves the right to conduct trash audits for the
purpose of reviewing compliance with the provisions of this chapter.
The audit may be requested by the property owner or by the Director
of Municipal Services. Trash audits may be used to determine if, for
example, more or less containers may be appropriate for the trash
generated at the residence. Audits may also be requested to ensure
that only proper items are being disposed of through the Automated
Residential Curbside Collection System. If a property is regularly
and continually in noncompliance then the information gathered through
the trash audit may be used to issue penalties or an order to stop
curbside pickup per § 257-33.
All complaints brought by a property owner, tenant, lessee,
or other affected party shall be made in writing, through the submission
of a service request, to the MSD Director. These forms are available
at City Hall and on the City website. Complaints regarding missed
pickup of trash shall be addressed by calling the company contracted
by the City for the purpose of residential curbside collection.
Any eligible user of the residential curbside collection service
or other services at the Franklin, New Hampshire, transfer station
who has concerns about illegal dumping, property management as relates
to trash disposal, or any other issues regarding the disposal of trash
in the City of Franklin should contact the Director of Municipal Services
to determine a satisfactory resolution to the issue.
