[Adopted 8-13-1991 by Ch. No. 983 as §§ 6-51
through 6-57 of the 1991 Code (Ch. No. 987)]
A mandatory recycling program is hereby implemented
in the Town of Westerly pursuant to RIGL § 23-18.8, 23-18.9
and 23-19 and the Rhode Island Department of Environmental Management
Municipal Recycling Regulations, as amended.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
Those entities that are either sole proprietors, partnerships,
or corporations of all types recognized by law and are either permitted
uses or uses that are permitted by a special use permit in the following
zoning districts: Highway Commercial, General Commercial, Downtown
Center 1, Downtown Center 2, Neighborhood Business, Professional/Office,
Shore Commercial General and Shore Commercial Watch Hill.
[Added 5-24-2010 by Ch. No. 1715; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A business whose purpose is to collect and destroy sensitive
records which are attributable to individuals or businesses and are
typically maintained by hospitals, physicians, lawyers, certified
public accountants and other such professionals.
[Added 5-24-2010 by Ch. No. 1715]
The ownership of a single unit in a multi-unit project together
with an undivided interest in common in the common areas and facilities
of the property.
[Added 5-24-2010 by Ch. No. 1715]
Computers, computer components and other electronic products
containing circuit boards and/or CRT, cellular phones, televisions,
stereos, compact disc/DVD players, mercury and PCB (polychlorinated
biphenyls) containing components, cadmium containing rechargeable
batteries and microwaves. "E-waste" does not include nonhazardous
wastes such as nickel-ion or alkaline batteries, copper wires unless
it is contaminated with hazardous heavy metals or chemicals, or mercury
thermometers or PCB-containing florescent bulbs.
[Added 10-24-2005 by Ch. No. 1557]
Recyclable materials that are required to be removed from
municipal solid waste at the source and delivered directly to the
Town recycling facility or placed in or on top of the set-out container
provided by the Solid Waste Management Corporation for collection
by a privately contracted hauler.
A dwelling that consists of four or more residential rental
units, and including condominium form of ownership.
[Added 5-24-2010 by Ch. No. 1715]
Collection and recycling in which the discarded E-waste is
brought to the Town of Westerly Recycling Center or other duly licensed
E-waste recycling facility.
[Added 10-24-2005 by Ch. No. 1557]
Materials separated from municipal solid waste for processing for reuse as specified by the director of DEM and listed in § 217-13 of this article. 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 the state and municipalities.
Anyone residing in the Town of Westerly for any period of
time who generates solid waste for which the Town accepts disposal
responsibility.
Garbage, refuse and other discarded solid materials generated
by residential, institutional, commercial, industrial, and agricultural
sources, but not including solids or dissolved material in domestic
sewage or septage nor hazardous waste as defined in the Hazardous
Waste Management Act, RIGL 23-19.1-1 et seq.
The removal by the generator of recyclable materials including
mixed recyclables from all other solid waste generated by the household,
and conveyance of the recyclable materials to the Town recycling facility
or to a designated pickup place for collection by a private contractor.
A.
All residents shall separate recyclable materials
from residential solid waste and deliver those materials directly
to the Town recycling facility or have them delivered to a Town, state
or state-designated recycling facility by a private hauler. This article
does not, however, bar any residents from giving recyclable materials
to nonprofit organizations.
B.
The following materials shall be separated from residential solid
waste and delivered to a Town, state or state-designated recycling
facility: bottles, cans, plastic containers (up to five gallons),
plastic cups, clean paper, cardboard, shredded paper (must be double
bagged in a clear plastic bag) and any other materials determined
by the Department of Environmental Management to be recyclable in
its municipal recycling regulations, Section 4-1.
[Amended 2-22-2016 by Ch. No. 1849[1]]
[1]
Editor's Note: This ordinance stated that it would take effect
7-1-2016.
C.
All separated materials shall be delivered to a Town or state-designated
recycling facility in a processable condition, i.e., at a minimum,
all glass, plastic, steel/tin and aluminum containers shall be empty
and rinsed, aluminum foil shall be clean, no noncontainer glass shall
be mixed with the recyclables, paper and cardboard shall be clean
and dry, and any other requirements listed in DEM's municipal recycling
regulations, Appendix A, or that may be determined by the Director
of Public Works of the Town in order to meet the standards established
by a designated recycling facility.
[Amended 2-22-2016 by Ch. No. 1849]
[Added 5-24-2010 by Ch. No. 1715; amended 7-8-2013 by Ch. No. 1791]
A.
General outdoor storage:
(1)
Each commercial establishment, multifamily dwelling or condominium
development shall have at least two separate containers, one for the
outdoor storage of mixed recyclable materials (commonly called "single-stream"
recycling) and one for nonrecyclable waste (trash).
(2)
Containers shall be enclosed by a fence, suitable for preventing
infiltration by domestic pets or other animals and providing screening
from adjacent properties and the public's view.
(3)
Recyclables must be segregated from trash at the point of generation.
B.
All commercial establishments as hereinbefore defined shall:
(1)
Prepare and submit an official recycling plan online at the
Town of Westerly's website or prepare and submit a plan to the Code
Enforcement Office.
(2)
Publicly post the recycling plan at their place of business
and distribute copies to all employees and/or tenants.
(3)
Provide appropriate and clearly marked containers specifically
designated for collecting recyclable materials. These containers must
be placed both inside and outside of the establishment or wherever
trash cans are provided.
(4)
Separate recyclable materials from other solid waste and either
deliver the recyclable materials directly or have them delivered to
the Town, state or state-designated recycling facility by a private
hauler properly permitted by the Town of Westerly.
[Amended 2-22-2016 by Ch. No. 1849[1]]
[1]
Editor's Note: This ordinance stated that it would take effect
7-1-2016.
(5)
Be entitled to use the Westerly Transfer Station for the disposal
of other acceptable items in an effort to reduce impact on the central
landfill.
C.
All owners of a multifamily dwelling or a condominium development
shall:
(1)
Prepare and submit an official recycling plan online at the
Town of Westerly's website or prepare and submit a plan to the Code
Enforcement Office.
(2)
Publicly post the recycling plan at the multifamily dwelling
or condominium development and distribute copies to all employees
and tenants.
(3)
Establish a collection system for recyclable materials for each
residential unit within the multifamily dwelling or condominium development.
(4)
Provide suitable and clearly marked receptacles specifically
designated for collecting and storing recyclable materials which tenants
shall use to deposit such materials.
(5)
Place receptacles in a location that is easily accessible to
the tenants.
(6)
Either deliver those materials directly or have them delivered
to the Town, state or state-designated recycling facility by a private
hauler properly licensed by the Town of Westerly.
(7)
Be entitled to use the Westerly Transfer Station for the disposal
of other acceptable items in an effort to reduce impact on the central
landfill.
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Notes:
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(a)
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It shall be the responsibility of the owner/agent of such multifamily
dwelling or condominium development to provide such receptacles and
instructions for their use by the tenants.
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(b)
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Owners that provide a collection system in accordance with this
section will not be liable for noncompliance by the occupants of their
buildings.
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D.
Materials required to be separated out of the general waste stream
(through single-stream recycling) shall include:
[Amended 2-22-2016 by Ch. No. 1849]
A.
All qualified persons engaged in the business of collecting and hauling
refuse and operating transfer stations for refuse generated within
the boundaries of the Town shall be permitted by the Town pursuant
to RIGL 23-18.9-1(b)(1).
B.
Permitted haulers shall collect only residential and commercial solid
waste that is source-separated by either the resident or the commercial
establishment, as the case may be, into the recyclable and nonrecyclable
components.
C.
Permitted haulers shall keep recyclable materials separate from nonrecyclable
residential and commercial solid waste.
D.
Permitted haulers shall maintain any separated recyclable materials
that are delivered to either a Town, state or state-designated recycling
facility in a processable condition.
E.
Permitted haulers shall deliver all recyclables designated to go
to a town, state or state-designated recycling facility to such facility.
F.
Permitted haulers must meet state-mandated recycling percentage rates
pursuant to RIGL 23-18.9-1 or be subject to environmental impact fees.
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Note: Recyclable commodities collected in Westerly/Hopkinton
must either be tipped at the Westerly Transfer Station or weight slips
must be provided to determine diversion, recycling rates and proper
disposal.
|
[1]
Editor's Note: This ordinance stated that it would take effect
7-1-2016.
The separation of recyclables from solid waste
shall be a condition of licensing or authorization of any public event,
the conduct of which generates solid waste for which the Town accepts
disposal responsibility.
[Amended 2-22-2016 by Ch. No. 1849[1]]
Any recyclable materials as defined by this article, once placed
in a designated pickup place or delivered to a Town facility, become
the property of the Town, and no person not permitted by the Town
shall collect such materials except as specifically authorized by
the Town. The Town may issue permits to charitable nonprofit organizations
to collect recyclable materials on the condition that a report is
filed by such organizations detailing the weights of each material
collected in compliance with the Rhode Island Department of Environmental
Management reporting requirements, and provided that the Town determines
that such collection does not conflict with the Town's recycling program.
Such permit shall be obtained from the Department of Public Works.
The fee for such permit shall be $5, to be paid at the time of application.
[1]
Editor's Note: This ordinance stated that it would take effect
7-1-2016.
[Amended 5-24-2010 by
Ch. No. 1715; 5-9-2011 by Ch.
No. 1745; 7-8-2013 by Ch. No.
1791; 2-22-2016 by Ch. No. 1849[1]]
A.
It shall be the duty of the Town Manager for the Town of Westerly,
or his/her designee, to enforce the provisions of this article.
[1]
Editor's Note: This ordinance stated that it would take effect
7-1-2016.
[Added 10-24-2005 by Ch. No. 1557]
The Town of Westerly has established an E-waste
container at the Westerly transfer station. The Town's E-waste recycling
program shall consist of the following minimum requirements:
A.
Commencing on November 15, 2005, no E-waste may be
disposed of by any method other than by proper recycling at the Town
of Westerly's recycling center or other duly licensed E-waste recycling
facility.
B.
Commencing on December 1, 2005, no commercial hauler as defined in Article I herein shall accept E-waste for disposal or dispose of E-waste at the Town of Westerly transfer station; provided, however, they may provide services to bring E-waste to the E-waste receptacle at the Town's recycling center or other duly licensed E-waste recycling facility.
C.
It shall be a violation of this section for any person,
business, corporation or commercial hauler to improperly dispose of
E-waste by any method other than recycling.
D.
Notwithstanding any other provision in this article,
any person violating the provisions of this section or any regulation
herein shall be fined $100 for the first offense and up to $500 for
each subsequent offense.
E.
Notwithstanding any other provision in this article,
any commercial establishment, corporation or business violating this
section shall be fined $100 for the first offense and up to $500 for
each subsequent offense.
F.
Any commercial hauler violating this section shall be subject to those fines and penalties set forth in § 217-19B(3).
[Added 5-24-2010 by Ch. No. 1715]
This article shall not apply to commercial shredding operations.
