[Approved 7-8-1993 as Ch. No. 2310]
§ 347-39 Ownership of recyclables; scavenging prohibited; violations and penalties; allocation of fines.
A mandatory recycling program is hereby implemented in the City of Pawtucket pursuant to R.I.G.L. §§ 23-18.8, 23-18.9 and 23-19 and the Rhode Island Department of Environmental Management Municipal Recycling Regulations, as amended.
As used in this article, the following terms shall have the meanings indicated:
- The process by which a City plans for and carries out the separation, weighing, collection, hauling and disposal of solid waste generated within that city.
- COMMERCIAL AND NONMUNICIPAL SOLID WASTE
- All solid waste except hazardous waste as defined in Chapter 19.1 of the Rhode Island General Laws, municipal solid waste and nonmunicipal residential solid waste as defined in these regulations.
- DROPOFF CENTER
- A facility provided by the municipality for its residents as a collection point for recyclable materials.
- HAZARDOUS WASTE
- Any waste as defined in the Rhode Island Hazardous Waste Management Act, 23-19.1-1 et seq., in regulations adopted pursuant thereto, and as may be amended.
- HOUSEHOLD HAZARDOUS WASTE
- Hazardous municipal solid waste.
- 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 and included in the Code of the City of Pawtucket.
- MIXED RECYCLABLES
- Recyclable materials which are required to be removed from municipal solid waste at the source and placed in, on top or on the side of the special recycling set-out container provided by the state for collection and transport to the nearest materials recovery facility (MRF) for recycling.
- MUNICIPAL SOLID WASTE
- Solid waste generated by the residents of a municipality in the course of their daily living and placed at curbside for collection and disposal by the City who has accepted that responsibility in the discharge of its duties to protect the health and safety of the municipality. "Municipal solid waste" does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing nonmunicipal residential, commercial or industrial enterprise.
- NONMUNICIPAL RESIDENTIAL SOLID WASTE
- Solid waste generated by the residents of a municipality in the course of their daily living for which the governing body of that municipality does not accept responsibility for disposal.
- RECYCLABLE MATERIALS
- All substances or objects established by the State Department of Environmental Management and such other materials as may be listed by the Director of Public Works of the City of Pawtucket and his or her designee and added to this article by amendment passed by the City Council of Pawtucket from time to time. "Recyclable materials" are established below:
- RECYCLING FACILITY
- A facility for processing recyclables.
- RECYCLING PLAN
- A technical report prepared for a municipality by or on behalf of the Department and mutually agreed to by the municipality and the state which identifies the operational and administrative elements of a recycling program for the collection of recyclable materials and which further establishes the reasonable additional allowable cost of implementing such a program.
- Anyone residing in an eligible residential structure in the City of Pawtucket for any period of time who generated solid waste for which the City accepts responsibility for disposal.
- SEGREGATED MUNICIPAL SOLID WASTE
- Municipal solid waste which has been separated into recyclable and nonrecyclable materials in compliance with these regulations and the rules and regulations for solid waste disposal facilities.
- SOLID WASTE
- 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 sewage sludge, nor hazardous waste as defined in the Hazardous Waste Management Act, Chapter 19.1 of the General Laws of the State of Rhode Island.
- SOURCE SEPARATION
- The removal by the generator of recyclable materials, including mixed recyclables, from all other solid waste generated by the household, and conveyance of the recyclables to the curbside or other designated location.
- TRANSFER STATION
- A facility operated by or for a municipality whose purpose is the temporary storage and accumulation of municipal solid waste prior to its transport to and disposal at a corporation landfill or resource recovery facility.
Requirements. In accordance with Rhode Island State Law and/or Department of Environmental Management regulations, there is hereby established a program for the mandatory separation of certain recyclable materials from municipal solid waste by the residents of the City of Pawtucket. Mandatory recycling will be accomplished by source separation with curbside collection.
Curbside collection. The City shall provide for collection of mixed recyclables from all eligible residential structures at least once per week or as many times as to eliminate potential health or safety hazards, or as the Director of Public Works deems as necessary.
Each eligible residential structure with six or less dwelling units shall be provided with a special collection container for each dwelling unit in said structure. Recyclables will be placed at curbside in the special container on the day prescribed by the Director of the Department of Public Works.
If there are more recyclables than can be held in one container, the residents shall flatten those materials which can be flattened and/or place additional recyclables in a paper bag next to the recycling container and marked "recyclables."
Containers shall be distributed in accordance with Department of Public Works regulations and/or plan. The initial container shall be provided to each eligible owner and/or tenant free of charge and thereafter for a fee as specified by the Director of Public Works.
§ 347-39 Ownership of recyclables; scavenging prohibited; violations and penalties; allocation of fines.
Once municipal solid waste has been deposited at curbside or in the designated place, said solid waste becomes the property of the City. No individual, resident, taxpayer or other person or persons not employed by the City, and/or is engaged in the business of separation, removal, storage or disposition of solid waste shall pick up or procure any recyclable materials from curbside, as defined under this article or any other city, state or federal regulation, within the City of Pawtucket except as specifically authorized in writing or by special permit by the Director of Public Works. This restriction shall include any independent citizen, resident, taxpayer, nonprofit groups, haulers or persons who might engage in such practice for personal gain.
Periodic collection of recyclable material will be the responsibility of the Public Works Department or its duly authorized agent.
Any person who violates the provisions of this section shall be subject to a fine of $100 for a first offense, $500 for a second offense, and $1,000 for the third and any subsequent offense.
[Added 8-9-2007 by Ch. No. 2862; amended 8-12-2010 by Ch. No. 2945]
Allocation of moneys received.
[Added 8-9-2007 by Ch. No. 2862]
Three dollars collected from each violation shall be put in a fund for the purpose of providing educational programs for substance abuse prevention; or helping to sponsor youth activities which are also sponsored by the D.A.R.E. program, other substance abuse prevention programs, or the Pawtucket Police Department; or providing some type of substance abuse prevention message.
Two dollars collected from each violation shall be put into the police D.A.R.E. account for the operation of the D.A.R.E. program. Said funds shall be administered by the Chief of Police or his/her designee.
Five dollars collected from each violation shall be put into the police equipment fund.
Five dollars collected from each violation shall be put into a revenue line item in the recycling budget for the support of the recycling program in the City.
The remainder of moneys collected from each violation shall go to the general fund.
The Director of Public Works may issue permits for a fee of $5 for charitable organizations, nonprofit organizations and private parties to collect recyclable materials on the condition that a report is filed by said organization detailing the weights of each material collected, in compliance with the Rhode Island Department of Environmental Management reporting requirements, and provided that the Director of Public Works determines that said collection does not conflict with the cost effectiveness and philosophy of the City's recycling implementation program.
No person having custody or control of residential, industrial or business premises from which garbage, rubbish or other refuse, including recyclables, is collected for disposal by the City of Pawtucket shall permit or cause solid waste, including recyclables, within his/her control to become a hazard to public travel, health or safety or to become a nuisance of any sort.
The Public Works Department shall implement a sustained public education and information program designed to make residents aware of the City's recycling program rules, regulations and changes/amendments.
The City shall require the separation of recyclable materials as a condition of licensing or authorizing public events at which significant solid waste will be generated for which the City accepts responsibility for disposal.
All qualified persons engaged in the business of collection and hauling of solid waste and operation of transfer stations within the City of Pawtucket boundaries shall be licensed in compliance with the state's rules and regulations for solid waste disposal facilities and the provisions of this article.
The licensee shall:
Maintain the segregation of municipal solid waste which they collect or haul.
Maintain any separate recyclables which are brought to state-owned recycling facilities to be delivered in processable condition.
Deliver to state-owned recycling facilities all separated recyclables which are designated by the City to go to such facility.
All residents, as herein defined, shall separate recyclable materials from the nonrecyclable portion of their solid waste and prepare them for recycling according to directions issued by the Director of Public Works. The recyclable materials shall be placed in containers approved by the City at curbside for collection or at a designated location.
The Mayor is empowered and directed to supervise, facilitate and contract with either the state recycling facility as mandated by the General Laws of Rhode Island or with commercial firms for the receipt and processing of recyclable materials in a manner consistent with the city's local recycling program that yields the best rate of recycling and the most cost-effective result to the city.
The Director of Public Works shall have charge, care and management of the personnel and equipment engaged in, and the administration of, the local recycling program in the city.
[Amended 11-10-2011 by Ch. No. 2983]
On the first violation for failure to separate recyclables and nonrecyclable materials or for leaving recyclables in a manner inconsistent with the Department of Public Works regulations, the resident(s) shall receive a written warning/notification from Public Works of their noncompliance detailing the violation of this article and fines that will result from subsequent violations.
On the second violation, the resident shall be subject to a fine of $25. Fines may be paid by mail. Mailed-in fines must be received by the Office of Zoning and Code Enforcement within 14 days of the date of the summons. Anyone who does not pay the fine by mail in a timely manner must appear in Pawtucket Municipal Court.
On the third and subsequent violation, said resident(s) shall be issued a summons pursuant to the pertinent sections to appear in Municipal Court and shall be fined no less than $100 and up to $500 for noncompliance.