[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Editor's Note: This ordinance repealed former Ch. 97, Landfill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:
(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.
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:
Inert solid waste to include asphalt, brick concrete, crushed
stone, dirt and other rubble.
(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.
Organic material which constitutes trimmings with a diameter
greater than one inch.
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,
and other wastes that are oversized or overweight. Specific load requirements
and limitations for bulky items are as provided in Appendix A, Fee
Schedule.[1]
[Amended 12-6-2023 by Ord. No. 2023-06]
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.
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.
Products that are capable of disintegrating into natural
components in a composting environment, thereby having the potential
of being diverted from disposal in the landfill. These include, but
are not limited to, compostable cups, dinnerware, paper towels, coffee
filters and liners.
[Added 4-21-2021 by Ord. No. 2021-04]
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.
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 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.
(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.
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.
An account established by a Commercial Generator/Waste Hauler
that is paid in full within 60 days of issued invoice.
[Added 4-21-2021 by Ord. No. 2021-04]
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.
Areas designated for the disposal and burying of refuse.
Form of currency utilized at the Solid Waste Facility for
noncommercial users to pay for disposal of trash and recycling. (NOTE:
Landfill Punch Cards will not be accepted as a form of currency for
non-Lebanon residents beginning January 1, 2024, but will remain an
option for Lebanon residents.)
[Added 4-21-2021 by Ord. No. 2021-04; amended 7-19-2023 by Ord. No. 2023-03]
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.
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.
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.
Bags for purchase at local retailers customized for and authorized
by the City of Lebanon for disposal of residential bagged refuse.
Lebanon residents may use either PAYT Trash Bags or punch cards for
this purpose. (NOTE: Beginning January 1, 2024, all non-Lebanon residents
directly disposing of bagged refuse at the Solid Waste Facility rather
than through a local transfer station or a commercial hauler will
be required to use Municipal PAYT Trash Bags.)
[Added 7-19-2023 by Ord. No. 2023-03]
A community, municipality, or incorporated place for which
the City of Lebanon has an agreement to utilize the Lebanon Solid
Waste Facility.
[Added 4-21-2021 by Ord. No. 2021-04]
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.
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.
Documentation provided to demonstrate residency in Lebanon
or a participating community. Satisfactory documentation will be determined
by each individual community based on their requirements for proof
of residency as a property owner or a renter, and may include a driver’s
license, motor vehicle registration, and/or any of the following:
[Added 4-21-2021 by Ord. No. 2021-04]
Property Owners – Most current property tax bill or recently
dated utility bill (current within 30 days) indicating full name and
physical address.
Renters – Lease agreement: signed, dated, and in effect;
or recently dated utility bill (current within 30 days) indicating
full name and physical address.
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.
Any recyclable material that is rendered unrecyclable through
the presence of foreign material that cannot be removed by the recycling
process.
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.
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. Such residents
may have access to the Facility at their own expense either directly
with a valid residential permit or by using the services of a holder
of a valid commercial permit.
[Amended 4-21-2021 by Ord. No. 2021-04]
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.
Any liquid, solid or sludge pumped from chemical toilets,
vaults, septic tanks, or cesspools or other holding tanks, that have
received only domestic wastewater.
Haulers disposing of less than 1,000 lbs. a week and/or making
fewer than eight visits a month to the landfill.
[Added 7-19-2023 by Ord. No. 2023-03]
City of Lebanon Solid Waste Facility located at 370 Plainfield
Road, West Lebanon, NH, permitted by the New Hampshire Department
of Environmental Services to receive, manage, recycle, and landfill
solid waste. The area of the facility encompasses all processing operations,
to include, but not limited to, Recycling Drop Off Center, Landfill,
C & D Processing Area, and all interior roadways and maintenance
facilities.
[Amended 4-21-2021 by Ord. No. 2021-04]
A permit issued by the City of Lebanon that permits access
and use of the Lebanon Solid Waste Facility under the provisions of
this Chapter.
[Added 4-21-2021 by Ord. No. 2021-04; amended 7-19-2023 by Ord. No. 2023-03]
A residential user or commercial generator/waste hauler utilizing
the Solid Waste Facility on a one-time basis or for periods not to
exceed 30 days. All waste disposed by a Temporary Landfill User must
be generated within the City of Lebanon or a participating community.
[Added 4-21-2021 by Ord. No. 2021-04]
Cost for waste disposal (charged in accordance with City
Council approved Fee Schedule, attached as Appendix A.[2])
Pricing for services based on a unit of measure such as volume
or weight.
Construction and demolition debris that has not been processed
according to above definition of "processed construction and demolition
debris."
Organic material, including leaves, grass trimmings, garden
waste and pine needles.
[1]
Editor's Note: Appendix A, Fee Schedule, is included as an attachment to this chapter.
[2]
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.
[Added 4-21-2021 by Ord. No. 2021-04; amended 7-19-2023 by Ord. No. 2023-03]
Applications for permits must be submitted electronically using
the form provided on the City's website. All applications for permits
will be submitted to the Solid Waste Manager for review and approval.
A.
Residential Permits.
(1)
Residents of the City of Lebanon or participating communities transporting
and disposing of their own residential refuse and/or recycling are
required to obtain a permit to access the Facility and its services.
In order to obtain a permit, residents must provide the following:
(2)
Issued permits will be valid for one year and must be renewed before expiration of existing issued permit. Fees for permits will be as outlined in § 97-8.
NOTE: Beginning September 1, 2023, all existing residential
permit holders must update their permits within the EB2gov software
system through the City's website before December 31, 2023. Permits
issued prior to September 1, 2023 and not updated will not be valid
beginning January 1, 2024.
(3)
Permits are required to be displayed upon entrance to the Solid Waste
Facility and may be required to be presented upon demand of staff
on site at any time. Those in possession of an invalid permit will
be denied access.
(4)
One permit is valid for two vehicles from the same household.
(5)
In order to retain a permit, permit holders must comply with all
local, state, and federal regulations for disposal of waste. If a
permit holder is found to have violated regulations, permit and associated
access to the facility may be revoked.
B.
Commercial Permits.
(1)
All commercial generators/waste haulers delivering commercial and/or
residential refuse are required to obtain a permit to access the Facility
and its services. All refuse delivered for disposal must originate
from homes, institutions, medical facilities, or businesses located
within Lebanon or a participating community. In order to obtain a
permit, commercial generators/waste haulers must provide the following:
(a)
Establishment of new Waste Hauler Account (to include a Smaller-Load
Hauler) if not an existing customer.
(b)
A completed application submitted electronically using the form
provided on the City's website to include current Customer Number
associated with Commercial Waste Hauler Account for the City of Lebanon
(Note: Commercial Waste Hauler Account must be in good standing in
order for permit to be issued).
(c)
Payment of applicable fee.
(2)
Permits are required to be displayed upon entrance to the Solid Waste
Facility and may be required to be presented upon demand of staff
on site at any time. Those in possession of an invalid permit will
be denied access.
(3)
One permit per vehicle is required.
(4)
In order to retain a permit, permit holders must comply with all
local, state, and federal regulations for disposal of waste. If a
permit holder is found to have violated regulations, permit and associated
access to the facility may be revoked.
(5)
Issued permits will be valid for one year and must be renewed before expiration of existing issued permit. Commercial Waste Hauler Account must be in good standing in order for permit to be renewed. Fees for permits will be as outlined in § 97-8.
NOTE: Beginning September 1, 2023, all existing commercial permit
holders must update their permits within the EB2gov software system
through the City's website before December 31, 2023. Permits issued
prior to September 1, 2023 and not updated will not be valid beginning
January 1, 2024.
C.
Temporary/One-Time Use Permits.
(1)
Temporary permits will be issued to landfill users that would need
the Facility's services for one-time use and/or for periods not to
exceed 30 days. The thirty-day timeframe begins the day the permit
is issued. Temporary Permit applications must be submitted electronically
using the form provided on the City's website. Access to the facility
will be permitted for 30 days only, and fees for disposal services
are paid via credit card. In order to obtain a temporary permit, users
must provide the following:
(a)
A completed application submitted electronically using the form
provided on the City's website along with proof that refuse or recycling
delivered for disposal originated from a home or business located
within Lebanon or a participating community.
(2)
In order to retain a permit, permit holders must comply with all
local, state, and federal regulations for disposal of waste. If a
permit holder is found to have violated regulations, permit and associated
access to the facility may be revoked.
D.
Implementation Provision. The effective date of this Section will
be upon passage by the City Council. Implementation of requirements
for updated Solid Waste Facility User Permits will be on-going until
December 31, 2023, after which date all users will be required to
have and display a valid permit issued through the EB2gov Software
platform for entry into the Solid Waste Facility.
All Commercial Generators/Waste Haulers (to include Smaller-Load
Haulers) must establish an account with the City of Lebanon before
they will be permitted to access and use the Solid Waste Facility.
Establishment of an account must be completed in accordance with the
requirements of the City's Finance Department.
A.
Use of the Facility. All commercial generators/waste haulers (to
include Smaller-Load Haulers) are required to utilize the scales when
entering and exiting the facility. Waste will be measured in pounds
and charged at the rates provided in the Fee Schedule (attached as
Appendix A).
B.
Billing.
(1)
Commercial generators/waste haulers other than Smaller-Load Haulers
will be provided with an invoice when exiting the landfill each time
solid waste is brought to the facility. In addition, the City will
mail a reminder statement with a summary of the invoice(s) in the
previous month. Payment is due in full within 30 days of the date
of the original invoice, not the statement date. Failure to pay in
full within 60 days of the invoice date shall result in the suspension
of the commercial permit and prohibit access to the facility. Past
due accounts will be assessed interest in the amount of 8%, which
will accrue monthly.
(2)
Smaller-Load Haulers are not eligible for invoiced billing for waste
disposal. Payment is required from Smaller-Load Haulers per transaction
according to the Fee Schedule at the time of service and must be paid
with a valid credit card. Smaller-Load Haulers who have exceeded the
1,000 lbs/week and/or eight trips/month threshold for one year can
be reclassified at that time as ordinary Commercial Generators/Waste
Haulers for invoicing/billing purposes.
(3)
If a permit is suspended for non-payment, it will not be reinstituted
and access will not be permitted until such a time that payment is
received in full, including interest, plus a $25 permit reactivation
fee.
[Amended 4-21-2021 by Ord. No. 2021-04; 7-19-2023 by Ord. No. 2023-03]
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]). Method of payments accepted at the Facility include
landfill punch cards (for residential bagged refuse by Lebanon residents
only after December 31, 2023), credit cards (for online payments and
any fees for itemized or weighed material), and commercial generator/waste
hauler accounts.
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.
H.
Minimum charge for scaled waste. The minimum weight scaled is 20
scale units or 200 pounds. As 200 pounds is 10% of a full ton, the
minimum charge is calculated as .10 times the current fee for associated
waste/recycling material.
Example: If the charge for disposing of Municipal Solid Waste
(MSW) is $75 per ton, the cost to dispose the minimum amount of 200
pounds would be .10 x $75 or $7.50.
[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.
