[HISTORY: Adopted by the Town Council of the Town of Charlestown 6-12-2000
by Ord. No. 224. Amendments noted where applicable.]
The purpose of this Ordinance is to create and govern the operation
of the Charlestown Residential Collection Center (CRCC) in a sanitary and
effective manner and on a financially self-sustaining basis for the benefit
of Charlestown residents.
As used in this chapter, the following terms shall have the meanings
indicated:
Large items which are not included in normal household refuse. Example:
furniture.
Waste building material and refuse resulting from construction, remodeling
and repair operations on buildings located within the Town of Charlestown.
Charlestown Residential Collection Center.
Any waste as defined in the Rhode Island Hazardous Waste Management
Act or in regulations adopted pursuant thereto, and as they may be amended.
"Hazardous waste" is waste which would pose a hazard to human health and the
environment if improperly managed.
Waste matter, urine, or feces excreted from the body.
Proof of permission as in the form of a document.
Waste parts or leavings, especially of a butchered animal.
Any individual, firm, institution, partnership, association or corporation,
public or private, organized or existing under the laws of the state or other
states, including federal corporations.
Any items, commonly regarded as wastes, which are designated by regulation
or by state law to be presorted for separate handling.
A person who is the owner or lessee of a legal, permanent dwelling
unit located in the Town of Charlestown.
Garbage, refuse, and other discarded solid materials generated by
residential sources within the Town of Charlestown but not including recyclable
materials, hazardous waste as defined by regulations or law, or material derived
from sewage or septage.
A resident owned vehicle with a carrying or load capacity not exceeding
one ton, except for vehicles necessary for the operation and supervision of
the CRCC.
Crankcase oil that has been utilized in internal combustion engines.
Major kitchen or laundry appliances, including but not limited to
stoves, washers, dryers and refrigerators. Nothing in this definition shall
waive compliance with the rules and regulations for the generation, transportation,
storage and disposal of hazardous waste.
Use of the CRCC is restricted to residents of the Town of Charlestown
operating a vehicle bearing on the left side of its front bumper a Resident
Identification Sticker. Such stickers may only be obtained at the Charlestown
Town Hall and will be provided free of charge. No more than two such stickers
per address or household will be provided. Resident Identification Stickers
shall expire on June 30 of each year.
Solid waste may be disposed of by residents only, contained in plastic
bags, each having a capacity of 33 gallons or 35 pounds and bearing an identification
sticker issued by the Town or its authorized agents. An authorized agent may
be a business, library, or other establishment located in the Town of Charlestown
and willing to sell such stickers as a public service and on a not-for-profit
basis. Solid waste identification stickers shall expire 30 days following
a fee change, but may be traded in for new stickers at the original value.
A.
Mandatory recycling. A mandatory recycling program is
hereby implemented in the Town of Charlestown pursuant to Chapters 23-18.8,
23-18.9 and 23-19 of the Rhode Island Department of Environmental Management
Municipal Recycling Regulations, as amended.
B.
MIXED RECYCLABLES
MIXED STREAM RECYCLABLES
PAPER STREAM RECYCLABLES
RECYCLABLE MATERIALS
SOLID WASTE
SOURCE SEPARATION
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Those materials 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.
Aluminum and steel/tin cans; aluminum foil and scrap (e.g., pie plates);
metal lids; empty aerosol and paint cans; scrap metal; scrap wood; glass bottles
and jars; No. 1 PET plastic containers; No. 2 HDPE plastic bottles and jugs;
paper milk cartons and juice boxes
Mail, magazines and catalogs; writing paper; corrugated cardboard;
paperboard (e.g., cereal boxes); newspaper; brown (kraft) paper bags; telephone
directories; and textiles.
Those separated from municipal solid waste for processing for reuse
as specified by the Director of the Department of Environmental Management
(DEM) and listed in Section 4 of the Municipal Recycling Regulations and within
this ordinance. The materials to be included may change from time to time
depending upon new technologies, economic conditions, waste stream characteristics,
environmental efforts or mutual agreement between the state and municipalities.
Should the Rhode Island Department of Environmental Management determine any
items to be nonrecyclable or define new recyclable materials during the term
of contract, the municipality and RISWMC will delete or add those items.
RESIDENT -- Anyone residing in the Town of Charlestown 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, Chapter
23-19.1 of the Rhode Island General Laws.
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 the curbside
for collection by a private hauler.
C.
Residential recycling.
(1)
All residents are required to separate recyclable materials
from residential solid waste and to deliver those materials directly to the
town recycling facility or to have them delivered to the town or state recycling
facility by a private hauler. This ordinance does not, however, bar any resident
from giving recyclable materials to a nonprofit organization.
(2)
(3)
All separated materials are to be delivered to a town,
state or state-designated recycling facility in a condition able to be processed,
i.e., at a minimum all aluminum cans, foil, pie plates, steel and tin-coated
steel cans and lids, glass bottles and jars; no cooking ware, plate glass,
safety glass, light bulbs, ceramics and nonglass materials; plastic containers
(No. 1 PET), bottles and jugs (No. 2 HDPE), soda bottles, milk jugs, laundry
detergent; paper milk cartons and juice boxes empty and rinsed with tops,
caps or lids removed; webbing removed from aluminum furniture; aerosol and
paint cans empty with lids removed; no noncontainer glass shall be mixed with
recycables; scrap metal shall have all plastic and cloth removed, bundled
and be no longer than two and one-half (21/2) feet and weigh less than thirty-five
(35) pounds; newspapers and inserts, dry and tied in bundles with string or
placed in brown (kraft) paper bags; large corrugated boxes flattened and bundled
with string and less than two and one-half (21/2) feet long/wide; mail, magazines,
catalogs, writing paper, phone books, paperbacks, corrugated cardboard/paperboard,
dry and free of food residue; textiles must be dry and in a tightly sealed
plastic shopping bag.
D.
Haulers.
(1)
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 of Charlestown shall be licensed by the Town of
Charlestown pursuant to Section 2318.9-1(b)(1) of the Rhode Island General
Laws.
(2)
Licensed haulers shall collect only that residential
solid waste that is first separated by the resident into the recyclable and
nonrecyclable components.
(3)
Licensed haulers shall keep recyclable materials separate
from nonrecyclable resident solid waste.
(4)
Licensed haulers shall maintain any separated recyclable
materials that are delivered to either a town or state recycling facility
in processable condition.
(5)
Licensed haulers shall keep residential recyclable materials
separate from recyclables collected from commercial accounts.
(6)
Licensed haulers who deliver recyclables to a town or
state recycling facility shall deliver to said facility only recyclables generated
within the Town of Charlestown.
(7)
Licensed haulers shall deliver all recyclables designated
to go to a town or state recycling facility to said facility.
(8)
On the first violation, licensed haulers shall keep a
record of the street address of those who receive said warning notices.
(9)
The licensed hauler shall send a letter to said residents
advising of their duty under the law and warning that solid waste collection
will cease if the waste is not separated.
E.
Authorized recycling collectors. No person shall solicit
the commercial collection of any recyclable material as defined in this ordinance
within the Town of Charlestown for personal gain except as specifically authorized
by the town. The town may issue permits to charitable organizations 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 town determines that said collection does not conflict with
the town's recycling program.
F.
Enforcement.
(1)
It shall be the duty of the Chief of Police of the Town
of Charlestown to enforce the provisions of this ordinance.
A.
No person shall deposit any waste in the town's
CRCC except when it is open for the purpose. Days and hours of operation shall
be set by the Town Council.
B.
No person shall dump or attempt to dump any waste material
at any other site within the town.
C.
No person shall place any solid waste collected or gathered
from any place outside the town in or on the town's CRCC.
D.
No person shall mix or commingle waste gathered or collected
from outside the town with that gathered or collected in the town.
E.
Solid waste materials mixed with recyclables will not
be accepted at the town's CRCC.
F.
No offal or human excreta shall be left or deposited
in the town's CRCC.
G.
Stumps and boulders from land clearing operations shall
not be left or deposited in the town's CRCC. The only exception being
stumps and boulders from road maintenance or improvement work of the Charlestown
Public Works Department.
H.
Yard waste and brush will be accepted at the designated
compost area only.
I.
No materials which are identified as hazardous materials
by the Rhode Island Waste Management Act, Section 23-19.1-4, as adopted in
1956 and amended in 1979 as is and as amended, and or by the Rhode Island
Rules and Regulations for Hazardous Waste Generation, Transportation, Treatment,
Storage and Disposal, Section 3.25 and Section 3.51 effective since July 1984,
shall be left or deposited in the town's CRCC.
J.
No parts of automobiles or junk automobiles shall be
left or deposited in the town's CRCC.
K.
A maximum of eight (8) gallons of waste crankcase oil
per year will be accepted from residents only at the CR-CC. The town will
maintain a storage container and provide for removal from the site. Private
businesses, including garages and dealerships, shall make their own provisions
for storage and removal of crankcase oil. The quantity of crankcase oil accepted
at the CRCC may be set from time to time by the town.
L.
Four (4) tires per sticker per year will be accepted
at the CRCC at a rate which reflects the town's costs for disposal. This
rate shall be set by the Town Council.
M.
White goods/bulky waste will be accepted at the CRCC
at a rate which reflects the town's costs for disposal. This rate shall
be set by the Town Council.
N.
Construction waste shall be accepted at the CRCC at a
rate which reflects the town's costs for disposal. This rate shall be
set by the Town Council.
The Director of Public Works with the approval of the Town Administrator
may make, publish and enforce such rules or regulations as are consistent
with and necessary to accomplish the purpose and intent of this Ordinance.
The Town Council, at the recommendation of the Director of Public Works
and Town Administrator, by resolution shall establish or amend a fee schedule
for disposal of material at the CRCC. Said fees shall be adequate to support
the cost of operation of the CRCC net of recycling costs which shall be borne
by a subsidy from the General Fund.
A.
Any person who shall violate any provision of this chapter
shall, upon conviction thereof, be punished for each violation by a fine of
not more than five hundred dollars ($500.) or by imprisonment for not more
than thirty (30) days. The continuation of a violation of any provision of
this chapter shall constitute for each day the violation is continued a separate
and distinct violation hereunder.
B.
Any violation by the person or any of his
agents or servants may result in a hearing before the Town Council at which
the Town Council may revoke a sticker or license after a hearing affording
due process.