[HISTORY: Adopted by the Town of Derry as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-20-1990; amended 10-11-1991]
As used in this article, the following terms
shall have the meanings indicated:
Include only those containers made entirely of aluminum and
used solely for the packaging of beverages and food.
Include all public or private establishments, including but
not limited to manufacturing, retailing and/or service establishments;
food establishments in business for the purpose of consumption, on
or off premises, as well as food distribution and/or processing; and
professional and/or corporate entities.
Any private company which specifically is in the business
of picking up, hauling, and delivering recyclable materials from any
source within the Town of Derry to the Town of Derry Recycling Center.
Include the paper-stock recycling materials in one container
and another container containing other recyclable materials which
include glass, plastic, aluminum cans, and metal cans.
The area within the Town of Derry whose location and use
is permitted by the State of New Hampshire Department of Environmental
Services.
Includes all bottles and jars made entirely of glass and
used in the storage of food and beverages. Specifically excluded are
blue glass and flat glass commonly known as "window glass," light
bulbs and fixtures.
Include all cans, other than aluminum, consisting entirely
of steel, tin or bimetal and used in the storage of food and beverages.
Include newspaper, high-grade paper, mixed paper and corrugated
cardboard. Newspapers include paper of any type commonly referred
to as "newsprint" and distributed at stated intervals, usually daily
or weekly, having printed thereon news and opinions and containing
advertisements and other matters of public interest. Expressly excluded,
however, are all magazines or other periodicals, as well as all other
paper products of any nature whatsoever. High-grade paper includes
office paper, high-grade paper, junk mail and advertisements. Corrugated
cardboard includes cardboard containers used primarily for the packaging,
boxing and/or transporting of products of any type.
Include all forms of soft and/or hard plastic used for containers.
Include all municipal and state government facilities; all
religious, educational and health-care facilities; and any and all
public and/or private civic organizations.
Include all materials designated by the municipality to be
source-separated from the solid waste stream for the purpose of recycling,
and includes paper-stock recycling materials, glass, plastic, aluminum
cans and metal cans. Hazardous wastes or medical waste containers
are specifically excluded.
The process by which designated materials, which would otherwise
become solid waste, are separated, collected, processed and returned
to the economic mainstream in the form of raw materials or products.
DWELLING OWNERIn the case of an owner-occupied dwelling, that person and/or persons whose names appear on the tax records for said dwelling kept by the Town of Derry.
RENTERIn the case of a rented dwelling, that person and/or persons to whom the dwelling is rented by the dwelling owner or his representative.
Includes all garbage and rubbish that is collected for disposal,
including but not limited to metal, scrap metal, white goods (stoves,
refrigerators, washers, dryers, and sinks), magazines or other periodicals,
and all nonrecyclable waste streams. Hazardous wastes or medical waste
containers are specifically excluded.
The flow of material generated within the Town of Derry that
would normally be disposed at the Town of Derry Transfer Station.
This material includes but is not limited to newspapers, high-grade
paper, mixed paper, corrugated cardboard, glass, aluminum cans, metal
cans, plastics and other municipal solid waste.
A.
There is hereby established a mandatory program for
the source separation of recyclable materials from the solid waste
stream in the Town of Derry.
B.
All residents, all public or private institutions
and all commercial and industrial establishments within the Town of
Derry shall separate recyclable material from the solid waste stream
they generate and deliver or cause to be delivered all recyclable
material so generated to the Derry Recycling Center.
C.
It shall be a violation of this article for any person,
public or private institution, commercial and industrial establishment
or any commercial solid waste hauler not permitted by the municipality
to pick up or cause to be picked up said recyclable materials as defined
herein. Each such collection in violation hereof shall constitute
a separate and distinct offense, punishable as hereinafter provided.
A.
Paper-stock recycling materials. Newspapers shall
be tied securely in bundles with twine, rope, cord or such other bindings
to facilitate handling and insure that they will not be windblown
and will be kept dry. Paper-stock recycling materials, except corrugated
cardboard, must be placed in plastic bags or closed containers to
keep dry. Corrugated cardboard boxes must be flattened completely.
B.
Commingled recyclable materials.
(1)
Glass used for the storage of food and/or beverages
shall be reasonable clean of all residues and shall have all caps
removed.
(2)
Glass, aluminum cans, metal cans and plastic shall
be placed in plastic bags or containers. No glass shall be deliberately
broken for the purpose of filling any container or receptacle; however,
accidentally broken glass will be accepted.
A.
It shall be the responsibility of any resident, public
or private institution, commercial or industrial establishment, or
any commercial solid waste hauler who uses the Town of Derry Recycling
Center to obtain a valid permit from the Derry Department of Public
Works. Derry residents who utilize private curbside collection do
not require permits. Derry residents who reside in multifamily dwellings
and dispose of their recyclable material in designated recycling dumpsters
do not require permits.
B.
The Department of Public Works shall, upon receipt
of a completed and approved application, issue permits to any Derry
resident, Derry public or private institution, Derry commercial or
industrial establishment, and any commercial solid waste hauler who
is in the business of picking up and delivering recyclable materials
generated within Derry to the Derry Recycling Center. This permit
shall authorize the delivery of certain specific recyclable materials
that originate within the Town of Derry to the Derry Recycling Center.
The Code Enforcement Office is hereby authorized
and directed to enforce this article and amendments thereto.
[Amended 5-20-2021]
Any resident, public or private institution, commercial or industrial establishment and any commercial solid waste hauler who or which violates or fails to comply with § 128-2 of this article and/or § 128-13 shall be guilty of a violation and may be fined up to $50 for the first offense, $100 for the second offense, and $200 for the third offense and each subsequent offense. Penalties will not take effect until 60 days after the effective date of this article.
This article will take effect on March 20, 1990.
[Adopted 3-15-1994; amended 4-1-1997; 5-16-2000; 12-5-2000]
As used in this article, the following terms
shall have the following meanings:
Those persons employed by the Town of Derry at the Transfer
Station/Recycling Center who shall have the authority to require compliance
with the rules and regulations pertaining to the Transfer Station/Recycling
Center.
Include but are not limited to mattresses, box springs, couches,
love seats and stuffed chairs.
Treated wood waste, shingles, sheetrock, logs greater than
five inches in diameter, insulation, plywood, chipboard, building
materials, rubble, rugs, toilets, sinks, bathtubs and shower stalls.
The discharge, deposit, injection, dumping, spilling, leaking
or placement of any waste into or onto any land or water so that such
solid waste or any constituent of it may enter the environment, be
emitted into the air, or be discharged into any water, including groundwater.
The site that the Town of Derry designates to dispose or
incinerate its solid waste.
The Town of Derry Transfer Station/Recycling Center situated
in the Town of Derry off Fordway.
That Town employee who is in direct charge of the facility.
Any waste which, because of its infectious nature, may cause
or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or pose
a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of or otherwise
managed.
Motor vehicle waste as defined by RSA 149-M:18, namely used
motor oil, motor vehicle batteries and other metallic items that can
be readily recycled and marketed.
A blue window sticker or white, orange or yellow card which
is issued by the Town of Derry that authorizes the holder to use the
Derry Transfer Station for disposal of solid waste as herein defined.
Any item within the Town of Derry recycling program which
can be recycled with the intent of reusing that item, to include commingled
items, newspapers, junk mail, corrugated cardboard, office paper,
motor oils, batteries, metal goods, textiles and other material as
determined by the Town.
The collection, storage, processing and redistribution of
separated solid waste so as to return material to the marketplace.
Any matter consisting of putrescible material, refuse and
other discarded or abandoned material. It includes solid, liquid,
semisolid or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations and from community
activities. For the purposes of this article, it does not include
hazardous waste as defined in RSA 147-A:2, infectious waste as defined
in this article, solid or dissolved materials and irrigation return
flows or municipal and industrial discharges which are point sources
subject to permits under Section 402 of the Federal Water Pollution
Control Act, as amended, or source special nuclear or by-product material
as defined by the Atomic Energy Act of 1954, as amended. "Solid waste"
includes municipal solid waste as defined in State Solid Waste Rule
Env-Wm 103.23 and further any waste product, solid or having the character
of a solid rather than a liquid, in that it will not flow readily
without additional liquid, and which is composed wholly or partly
of such materials as garbage, swill, sweepings, cleanings, trash,
rubbish, litter, industrial solid wastes or domestic solid wastes;
organic wastes or residue of animals sold as meat; fruit or other
vegetable or animal matter from kitchens, dining rooms, markets, food
establishments or any places dealing in or handling meat, fowl, fruits,
grain or vegetables; offal, animal excreta, or the carcasses of animals;
brick, plaster or other waste matter resulting from the demolition,
alteration or construction of buildings or structures; or accumulated
waste material, cans, containers, tires, junk or other such substances
which may become a nuisance.
Any private company/person who or which specifically is in
the business of picking up/hauling and delivering solid waste from
any source within the Town of Derry to the Town of Derry Transfer
Station/Recycling Center.
These items are painted or treated furniture, to include
desks, bookcases, shelves or other residential items that have received
surface treatment to protect or enhance the item.
These items are refrigerators and air conditioners.
Leaves, grass clippings, weeds, hedge clippings, garden wastes
and twigs and brush not longer than three feet in length.
These regulations have been adopted by the Derry
Town Council pursuant to the authority granted the Council by RSA
149-M:17, II and RSA 147:43.
The Town of Derry Transfer Station/Recycling
Center ("facility") is operated and maintained in accordance with
RSA 149-M:17 solely for the disposal of authorized solid waste generated
within the geographical boundaries of the Town. These regulations
are intended to:
A.
Prevent the unauthorized entrance to and use of the
facility;
B.
Prohibit the deposit of illegal and/or unacceptable
waste;
C.
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 maximize the life
of the facility;
D.
Establish permit fees to be assessed against solid
waste haulers and Derry businesses which use the facility; and
E.
Establish fees for Derry residents who dispose of
construction and demolition material, bulky items, white goods and
treated furniture.
It shall be unlawful to deposit solid waste
at the Derry facility without having first obtained from the Town
of Derry a permit for such activity.
A.
All card permits shall expire on December 31 each
year, except temporary permits. Card permits shall be valid for up
to one year. Blue window stickers issued to Derry residents must be
affixed to the lower left-hand side of the vehicle windshield.
B.
All permits shall be nontransferable.
C.
All persons and/or businesses applying for a permit
must present vehicle registration with payment (if applicable) for
the permit. Permits may be obtained at the Derry Public Works Office,
40 Fordway, Derry, New Hampshire. Payments must be made at the Finance
Department, Town Hall located at the Municipal Office Building, Derry,
New Hampshire.
The following permit fees are designed to defray
some of the expense incurred by the Town in administering the facility:
A.
Solid waste haulers.
(1)
Solid waste haulers who propose to use the Town of
Derry facility to dump solid waste must pay $100 per year to obtain
a solid waste hauler's permit. If solid waste haulers use more than
one vehicle, each vehicle must be permitted. Solid waste hauler card
permits are coded orange.
(2)
Permitted solid waste haulers who propose to use the
Town of Derry Transfer Station to dump nonrecyclable solid waste collected
from other than one- to three-family residences must pay at the prevailing
contracted cost for the Town of Derry to transport and dispose of
solid waste brought to the Town's Transfer Station by solid waste
haulers. The Town will credit each Derry business the value of one
ton per year (Town's prevailing contracted cost) to dispose and transport
business solid waste. The Town will bill haulers monthly. If bills
are not paid within 30 days from invoice, haulers will lose their
permit to dump.
B.
Business owners. Derry businesses which haul their
own solid waste to the facility must pay $50 per year per vehicle
to obtain a business owner permit. If business owners use more than
one vehicle, each vehicle must be permitted. Business card permits
are coded yellow.
C.
Derry residents. Derry residents who take their own solid waste generated from their own Derry residence to the facility are exempt from a fee, except fees as outlined in Subsection D(1). These residents must obtain a residential solid waste permit from the Town to use the facility. If residents use more than one vehicle, each vehicle must be permitted.
D.
Construction and demolition debris, bulky items, white
goods and treated furniture fees.
(1)
Permitted Derry residents who take construction and
demolition debris, bulky items, white goods and treated furniture
to the Derry Transfer Station for disposal must pay a fee based on
the following schedule:
[Amended 6-16-2009; 5-16-2017]
|
Item
|
Fee
| ||
|
Construction and demolition:
| |||
|
Resident
|
$0.09/pound
| ||
|
Nonresident
|
$0.11/pound
| ||
|
Treated furniture
|
$0.07/pound or $140/ton
| ||
|
Bulky items
|
$5.00 each
| ||
|
White goods (refrigerators/air conditioners)
|
$10.00 each
| ||
|
Television/monitors:
| |||
|
13 inches to 15 inches
|
$15.00
| ||
|
26 inches and larger
|
$25.00
| ||
(2)
Derry residents must pay fees as shown in Subsection D(1) until contracted costs to transport and dispose of these items exceed those listed in Subsection D(1). When contracted costs to transport and dispose exceed the listed fees, the listed fees will be adjusted accordingly. Notice of adjustment to fees in Subsection D(1) shall be provided to the Town Council prior to their implementation.
A.
Any resident, business, corporation, trust or solid waste hauler delivering waste under this article must deliver loads which consist of residential, commercial, industrial and institutional solid waste generated within the Town of Derry. Any part of a load which is delivered to the facility and which is found to contain solid waste generated outside the Town of Derry will subject the holder of the permit to the revocation of permit procedures pursuant to § 128-17.
B.
Public trash receptacles. No person, trustee, or business entity
(whether for-profit or nonprofit) shall dispose of household, commercial
or industrial refuse in any public trash receptacle. Take-out food
and beverage containers and wrappings for food consumed within a park
or public place containing public trash receptacles are exempt from
this subsection.
[Added 5-20-2021]
The Town of Derry Transfer Station/Recycling
Center is a State of New Hampshire permitted solid waste receiving
site. Its intended used is to receive and transport solid waste that
is generated within the Town of Derry. Solid waste which is allowed
to be received at the facility includes refuse, construction debris
and demolition waste (residential solid waste permit holders only),
motor vehicle waste, yard waste, residential brush, appliances and
scrap metal, not including automobile or truck parts.
A.
Unacceptable waste. Materials which will not be accepted
at the facility shall include but not be limited to the following:
pesticides, insecticides, chemicals (when not normally in household
waste), pathological and biological waste, radioactive materials,
oil sludges, asbestos or asbestos shingles, 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 for burial as Class 2 under Environmental
Protection Agency regulations or which would be likely to violate
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 Derry solid waste facility.
B.
Hazardous waste or materials which the Town considers
to be detrimental to the operation of the facility or which require
special handling or disposal procedures will not be accepted at the
facility. The term "hazardous waste" means:
(1)
A solid, semisolid, liquid or contain gaseous waste,
or any combination of these wastes, which, because of either quantity,
concentration, or physical, chemical or infectious characteristics,
may:
(2)
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.
C.
Tires.
(1)
Tires on rims will not be accepted. No tires will
be accepted from any commercial establishment. Tires may be deposited
at the facility; provided, however, that no more than four such tires
may be deposited per Derry registered vehicle per year.
(2)
All Derry residents depositing tires at the facility
must first obtain tire coupons from the attendant. There will be no
cost for said coupons.
A.
Stumps, logs and lumber.
B.
Construction debris, demolition waste, yard waste
and metal goods.
(1)
Derry residents who obtain a residential solid waste
permit may bring construction debris and demolition waste, brush,
yard waste and metal goods generated from their own residences to
the facility. The above materials generated from commercial, industrial
or business sources will not be accepted.
(2)
No commercial and/or business use of the brush disposal
area will be allowed.
(3)
A businessman who is a resident and has a business
owner permit to use the facility for solid waste disposal will need
a separate residential solid waste permit to use the brush disposal
area for his home use. Any such double permit holder found to be bringing
in brush to the site from any commercial enterprise or any other source
may be subject to enforcement procedures and civil penalties, which
may include revocation of both permits.
(4)
Yard waste must be brought to the designated area
(compost pile) at the Town's facility. Yard waste must be free of
large branches. Branches that are mixed in yard waste must be 1/2
inch or less in diameter and three feet or less in length. Paper,
cans or other items which will not decompose in composting areas are
prohibited.
The Director of Public Works is hereby authorized
to promulgate additional regulations, subject to the approval of the
Derry Town Council, which may include but are not limited to the following
subjects:
The facility operator may revoke the permit
of any holder when he makes a written finding that the holder has
violated these regulations or any regulations promulgated hereunder.
The facility operator 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
Director of Public Works within 15 days of the receipt of such notice.
The Director of Public Works will affirm or reverse the action of
the facility operator. The revocation of the permit will be stayed
during the pendancy of the appeal.
A.
Any person who deposits unacceptable waste as that term is defined in § 128-14A above shall be responsible for the removal of all unacceptable waste and shall fully indemnify the Town of Derry from any damages resulting from the deposit of unacceptable waste at the facility.
B.
Violators of this article may be levied civil penalties
up to $3,000 for each act of violating the provisions of this article.
The Code Enforcement Officer is hereby authorized
and directed to enforce this article and amendments thereto.
The Town may apply to a Justice of the Superior
Court for injunctive relief against existing or impending violations
of this article pursuant to RSA 149-M:15, VIII. Notice of any such
action shall be given to the Attorney General and Commissioner of
Environmental Services at least 30 days prior to the commencement
thereof, unless more immediate action is necessary to prevent irreparable
environmental damage or other serious public harm, in which case such
notice shall be given as soon as practicable, but in no event later
than the date of commencement of the action. The application for injunctive
relief shall in no way affect the Town's ability to exercise its regulatory
authority as otherwise provided in this article or to cite any person
for violation thereof.
Where the provisions of this article are in
conflict with other ordinances, regulations or laws, the more stringent
shall apply.
