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City of Lebanon, NH
Grafton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lebanon 7-24-2019 by Ord. No. 2019-09,[1] effective 7-24-2019. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 97, Landfill Regulations, adopted 12-19-1991 by Ord. No. 34, effective 3-1-1992, as amended.
A. 
The City adopts the following regulations in accordance with the provisions and requirements of RSA 149-M:17 as the same may be revised from time to time:
(1) 
A solid waste hierarchy of disposal practices has been established for solid waste operations within the City of Lebanon to include (in order of priority):
(a) 
Source reduction.
(b) 
Reuse.
(c) 
Recycling.
(d) 
Composting.
(e) 
Landfilling.
(2) 
All solid waste management activities shall be under the direction of the Public Works Director or designee and performed in accordance with New Hampshire Department of Environmental Services Administrative Rules.
(3) 
The Public Works Director or designee is hereby authorized to establish administrative policies subject to the approval of the City Manager for the effective administration of this chapter.
(4) 
The Lebanon Solid Waste Facility (landfill and recycling center) will operate on a schedule as determined by the Public Works Director.
B. 
The following shall be the general rules and regulations for use of the Municipal Solid Waste Facility:
(1) 
Only authorized landfill users are permitted to dispose of refuse at the solid waste facility.
(2) 
No person is allowed to scavenge on the property of the solid waste facility.
(3) 
All children under the age of 12 must be supervised by a parent or guardian.
(4) 
No person is allowed to smoke on the solid waste facility property. This is in accordance with the City of Lebanon's prohibition of smoking on public property.
(5) 
Any person bringing or allowing a pet on the property of the facility must be in control of their pets at all times while on the property.
(6) 
Any person using the facility may only deposit refuse in areas designated by DPW staff.
(7) 
Any person using the facility must comply with directions provided by DPW staff.
(8) 
Solid Waste Division staff operating heavy equipment have the right-of-way on the Solid Waste Facility grounds.
(9) 
The speed limit at the Lebanon Solid Waste Facility is 20 miles per hour.
C. 
Curbside containers; removal after pickup; cleanup of debris.
(1) 
Curbside refuse containers and/or recycling containers, once emptied, must be removed by the owner from the public way within 24 hours.
(2) 
Any debris strewn by animals, wind, or other cause shall be cleaned up by the owner within 24 hours. Private contractors will be responsible for any debris they drop or spill on the ground and shall clean it up before moving on to the next stop.
A. 
A. Only the following classes of materials may be accepted at the solid waste facility:
(1) 
Bulky waste.
(2) 
Construction and demolition debris.
(3) 
Residential refuse.
(4) 
Commercial refuse.
(5) 
Yard waste and brush.
(6) 
Recyclables.
A. 
The following types of waste are prohibited from being deposited in the landfill:
(1) 
Refuse generated outside of the City of Lebanon; or refuse generated outside of municipalities the City has agreements with that have authority to dispose of solid waste at the Lebanon Landfill.
(2) 
Materials not defined as residential refuse, commercial refuse, or recyclables.
(3) 
Materials not in conformance with Lebanon's Solid Waste Facility permits.
(4) 
Unprocessed construction and demolition debris, except for specific items or types of items authorized in writing by the Public Works Director as most appropriately disposed of in the landfill.
(5) 
Commercial mixed loads that contain unprocessed construction and demolition debris.
(6) 
Hazardous waste will not be accepted at the solid waste facility unless in conjunction with an authorized household hazardous waste collection event.
(7) 
Septage.
(8) 
Liquid wastes.
B. 
Yard waste and brush may be brought for recycling, but not for disposal, and must be separated from general refuse and taken to designated areas.
The following words, terms and phrases, when used in this chapter or the accompanying fee schedule, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
AGGREGATE
Inert solid waste to include asphalt, brick concrete, crushed stone, dirt and other rubble.
APPLIANCES
(Also referred to as "white goods") Device or piece of equipment designed to perform a specific task, typically a domestic one. Examples include but not limited to stoves, washers, dryers, water heaters, and furnaces.
BRUSH
Organic material which constitutes trimmings with a diameter greater than one inch.
BULKY WASTE
Waste material from a residential or commercial source other than construction and demolition debris or hazardous waste. Bulky wastes include items such as mattresses, couches, chairs, carpet, appliances, tires, and other wastes that are oversized or overweight.
COMMERCIAL GENERATOR/WASTE HAULER
An individual, firm, partnership, joint venture, corporation or association providing refuse/recycling collection and disposal services for residential, commercial, industrial and institutional establishments not owned by such entities for a collection service fee.
COMMERCIAL REFUSE
Discarded waste materials in a solid state from any commercial or industrial source, including multifamily dwellings and condominium dwellings with more than five dwelling units.
CONSTRUCTION AND DEMOLITION (C&D) DEBRIS
Waste building materials resulting from construction, remodeling, repair or demolition operations, including but not limited to asphalt shingles, clean lumber, treated lumber (pressure treated, painted, stained, etc.), plywood, sheetrock, and aggregates; but not including any hazardous waste.
DISPOSAL SITE
A refuse depository for the processing or final disposal of refuse, including but not limited to sanitary landfills, transfer stations, incinerators and waste processing separation centers, licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
ELECTRONIC WASTE
Electronic devices; a piece of equipment and/or mechanism utilizing circuits in a manner designed to serve a particular purpose. Examples include but are not limited to: computers, laptops, TVs, displays/monitors, stereos, routers, uninterrupted power supplies, microwave ovens, and hand-held devices such as tablets, phones and GPS devices.
FOOD WASTE
(Also referred to as food scraps) Waste that has the potential of being composted and thereby diverted from disposal in the landfill. Examples include but are not limited to: coffee grounds, egg shells, meat, dairy, fruit and vegetable scraps/peelings.
FREON-CONTAINING DEVICES
Any device that contains and uses a Class I (chlorofluorocarbon; CFC), Class II (hydrofluorocarbon; HCFC) substance or substitute (e.g., hydrofluorocarbon; HFC) as a refrigerant and which is used for household or commercial purposes, including any air conditioner, motor vehicle air conditioner, refrigerator, chiller, or freezer.
HAZARDOUS WASTE
A solid, semi-solid, liquid or any combination of these wastes or which constitutes hazardous waste under NH RSA 147-A:2VII, as that statute may be amended from time to time. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive or ignitable, irritants, strong sensitizers or those which generate pressure through decomposition, heat or other means. Other hazardous waste items include pharmaceuticals, ammunition, and asbestos.
LANDFILL
Areas designated for the disposal and burying of refuse.
LANDFILL USER
This term includes residents of and businesses and organizations located within the City of Lebanon, residents of and businesses and organizations located within municipalities in the States of New Hampshire and Vermont for which the City has an agreement to use the Lebanon Solid Waste Facility, and properly authorized commercial waste haulers.
LIQUID WASTE
Wastes that fail a paint filter test; as described by EPA Method 9095B, Paint Filter Liquids Test. Lebanon's solid waste permit prohibits the disposal of liquid waste in the landfill.
MIXED LOADS
Waste received containing a mixture of acceptable wastes. For example: residential refuse combined with recyclables and bulky wastes. Commercial mixed loads are not permitted to contain unprocessed construction and demolition debris.
PERSON
As defined by RSA 358-A:1, shall mean, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.
PROCESSED CONSTRUCTION AND DEMOLITION DEBRIS
Construction and demolition debris that has been sorted and screened to remove contaminants such as lead-based paint waste as well as valuable recyclable material such as metal, mixed aggregates, and cardboard. Resultant processed product must be less than two inches in size per piece/section and able to be utilized as a cover material for the landfill, except for items or types of items authorized in writing by the Public Works Director as most appropriately disposed of in the landfill.
RECYCLABLES
Material including, but not limited to, glass food and beverage containers; steel cans; aluminum cans; aluminum foil; HDPE #2 (high-density polyethylene) and PETE #1 (polyethylene terephalate) plastics; newspapers; mixed paper, including magazines, catalogs, junk mail, envelopes, stationery, computer paper, office paper and boxboard; paper bags; corrugated cardboard; used clothing; used oil; automobile batteries; and yard trimmings, including leaves, grass clippings and pine needles.
RECYCLABLES, CONTAMINATED
Any recyclable material that is rendered unrecyclable through the presence of foreign material that cannot be removed by the recycling process.
REFUSE
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 or domestic solid wastes.
RESIDENT
As defined by NH RSA 21:6, as that statute may be amended from time to time, a resident or inhabitant or both of the City of Lebanon shall be a person who is domiciled or has a place of abode or both in that place, and who has, through all of his or her actions, demonstrated a current intent to designate that place of abode as his or her principal place of physical presence to the exclusion of all others. This definition shall also apply to residents of municipalities in the States of New Hampshire and Vermont for which the City has an agreement to use the Lebanon Solid Waste Facility.
RESIDENTIAL REFUSE
Discarded nonrecyclable waste materials in a solid state from any residential dwelling including single-family dwellings and multiunit dwellings (apartment and condominium dwellings with five or fewer dwelling units and manufactured housing subdivisions) whether or not under common ownership or configured on a common site in accordance with a condominium declaration.
SEPTAGE
Any liquid, solid or sludge pumped from chemical toilets, vaults, septic tanks, or cesspools or other holding tanks, that have received only domestic wastewater.
SOLID WASTE FACILITY
Area encompassing all solid waste processing operations to include, but not limited to, the Public Recycling Drop Off Center, landfill, C&D processing area, interior roadways, and maintenance facilities.
TIPPING FEE
Cost for waste disposal (charged in accordance with City Council approved Fee Schedule, attached as Appendix A.[1])
UNIT-BASED PRICING
Pricing for services based on a unit of measure such as volume or weight.
UNPROCESSED CONSTRUCTION AND DEMOLITION DEBRIS
Construction and demolition debris that has not been processed according to above definition of "processed construction and demolition debris."
YARD WASTE
Organic material, including leaves, grass trimmings, garden waste and pine needles.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
The Recycling Drop-off Center is located at the front of the Municipal Solid Waste Facility located at 370 Plainfield Road (Route 12-A), West Lebanon, New Hampshire. Users of the Lebanon Recycling Center shall participate in the segregation of recyclables in accordance with the following:
A. 
Those items defined as recyclables in § 97-4 above will be accepted at the City Recycling Center at no charge when possible. When necessary, fees will be set by the City Manager for a period of no more than 90 days in duration. The City Council must approve fee changes for periods of more than 90 days.
B. 
Other items collected for recycling include: vegetable oil, appliances, automotive batteries, and rechargeable batteries.
C. 
Fees may be collected for the following items for recycling: mercury-containing devices (fluorescent bulbs, thermometers, thermostats, etc.), televisions, computer monitors, computer central processing units, and food waste.
D. 
All recyclables must be free of contaminants. Contaminated recyclables will be subject to disposal fees based on weight at the rate set by the City Manager and approved by the City Council.
(Reserved)
Fees for authorized users of the landfill users are in accordance with the City Council approved Fee Schedule for Disposal at the Lebanon Solid Waste Facility (attached as Appendix A[1]).
A. 
Residential refuse:
(1) 
Tipping fee is based per bag, dependent on type/size of bag being disposed. Fee is established annually by the City Manager and approved by the City Council (effective January 1 for the ensuing year). City Manager is authorized to raise the tipping fee by no more than 10% without City Council authorization and with 60 days' prior notice.
B. 
Commercial refuse:
(1) 
Tipping fee is based on weight (per ton), with the amount established annually by the City Manager and approved by the City Council (effective January 1 for the ensuing year). City Manager is authorized to raise the tipping fee by no more than 10% without City Council authorization and with 60 days' prior notice.
C. 
Bulky waste:
(1) 
Tipping fee is based on a per-item or per-ton load, determined by the total number and type of items being disposed. Tipping fees for bulky wastes are subject to change based on market conditions. Therefore, the City Manager may make temporary fee adjustments for a period of no more than 90 days in duration.
D. 
Yard trimmings and brush:
(1) 
State law (NH RSA 149-M) prohibits the landfilling or incineration of yard trimmings or brush. The Lebanon Solid Waste Facility will accept leaves, grass clippings, brush, stumps, and other bulky yard waste, but it must be separated from general refuse and disposed of within designated areas as determined by the Solid Waste Manager. Fees for disposal will be charged at a rate based on the cost to handle and dispose of such items. The fee will be established by the City Manager and approved by the City Council. The City Manager may make temporary fee adjustments for a period of no more than 90 days in duration.
E. 
Construction and demolition debris:
(1) 
Tipping fee is based on weight (per ton), established annually by the City Manager and approved by the City Council (effective January 1 for the ensuing year). Tipping fees for C&D are subject to change based on market conditions. Therefore, the City Manager may make temporary fee adjustments for a period of no more than 90 days in duration. C&D debris shall be placed in the designated C&D processing area of the Solid Waste Facility.
F. 
Mixed loads:
(1) 
Mixed loads will be assessed the tipping fee associated with the highest rate of the type of materials in the load. For example: A load of residential refuse and bulky waste is received. The load will be charged at the tipping fee associated with bulky waste disposal.
(2) 
Customers are required to deliver loads separated to reduce handling and disposal costs. Commercial mixed loads containing C&D debris will be rejected.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
The Public Works Director with approval of the City Manager may make temporary changes to this Chapter 97 during emergencies. An emergency is a natural or man-made disaster that creates debris as a result of that disaster which cannot effectively and/or financially be managed by this chapter as written. Any changes made by the Public Works Director and approved by the City Manager may only remain in effect for 90 days after which the Council must authorize a continuance. The City Manager shall notify the Council within three calendar days of any such temporary changes. The Council may rescind the changes approved by the City Manager at any time.
Any person who violates the provisions of this code is subject to penalties not to exceed $3,000 per offense, per occurrence.
Any applicant or permittee who is aggrieved by a decision or rule of the Public Works Director or designee may petition the City Manager for review of that decision, but, except as provided in this section, shall immediately abide by such decision of the Public Works Director or designee. Appeal of any decision may be initiated by submitting a written appeal to the City Manager within 10 days of the decision. The decision of the Public Works Director may be stayed by the City Manager pending appeal upon request of the aggrieved party for good cause shown. An administrative hearing shall be held before the City Manager whose decision shall be final.