Town of Charlestown, RI Residential Collection Center

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.

§ 165-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BULKY WASTE

Large items which are not included in normal household refuse. Example: furniture.

CONSTRUCTION WASTE

Waste building material and refuse resulting from construction, remodeling and repair operations on buildings located within the Town of Charlestown.

CRCC

Charlestown Residential Collection Center.

HAZARDOUS WASTE

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.

HUMAN EXCRETA

Waste matter, urine, or feces excreted from the body.

LICENSE

Proof of permission as in the form of a document.

OFFAL

Waste parts or leavings, especially of a butchered animal.

PERSON

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.

RECYCLABLES

Any items, commonly regarded as wastes, which are designated by regulation or by state law to be presorted for separate handling.

RESIDENT

A person who is the owner or lessee of a legal, permanent dwelling unit located in the Town of Charlestown.

SOLID WASTE

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.

VEHICLE

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.

WASTE OIL

Crankcase oil that has been utilized in internal combustion engines.

WHITE GOODS

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.

§ 165-3 Use of CRCC.

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.

§ 165-4 Solid waste.

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.

§ 165-5 Recycling.

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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

MIXED RECYCLABLES

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.

MIXED STREAM RECYCLABLES

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

PAPER STREAM RECYCLABLES

Mail, magazines and catalogs; writing paper; corrugated cardboard; paperboard (e.g., cereal boxes); newspaper; brown (kraft) paper bags; telephone directories; and textiles.

RECYCLABLE MATERIALS

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.

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 septage nor hazardous waste as defined in the Hazardous Waste Management Act, Chapter 23-19.1 of the Rhode Island General Laws.

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 recyclable materials to the town recycling facility or to the curbside for collection by a private hauler.

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)

The following materials, as defined in Subsection B, Definitions, are required to be separated from residential solid waste and delivered in a condition, as defined in Subsection C(3), to a town or state recycling facility:

(a)

Paper stream recyclables.

(b)

Mixed stream recyclables.

(c)

Other materials determined by the Department of Environmental Management to be recyclable in its Municipal Recycling Regulations, Section 4-1.

(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.

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.

(10)

A noncomplying resident continues to be under a duty to remove his or her solid waste from the street and dispose of the same properly so as not to create any hazard or nuisance. Finally, if there is no compliance, the Chief of Police shall levy fines as provided in Section 7Bi.[1]

[1]

Editor's Note: See Subsection F.

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.

Enforcement.

(1)

It shall be the duty of the Chief of Police of the Town of Charlestown to enforce the provisions of this ordinance.

(2)

Penalties for violation of this ordinance[2] shall be as follows, and, for the purpose of this ordinance, each day of violation following notification of a second offense shall be considered a subsequent offense.

(a)

Residents violating Subsection C:

[1]

First offense: written warning.

[2]

Second offense: twenty-five dollars ($25).

[3]

Subsequent offense: fifty dollars ($50).

(b)

Haulers violating Subsection D:

[1]

First offense: written warning.

[2]

Second offense: two hundred dollars ($200).

[3]

Subsequent offense: loss of license.

[2]

Editor's Note: "This ordinance" refers to § 165-5 of this chapter.

§ 165-6 Waste Stream Regulations

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.

No person shall dump or attempt to dump any waste material at any other site within the town.

No person shall place any solid waste collected or gathered from any place outside the town in or on the town's CRCC.

No person shall mix or commingle waste gathered or collected from outside the town with that gathered or collected in the town.

Solid waste materials mixed with recyclables will not be accepted at the town's CRCC.

No offal or human excreta shall be left or deposited in the town's CRCC.

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.

Yard waste and brush will be accepted at the designated compost area only.

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.

No parts of automobiles or junk automobiles shall be left or deposited in the town's CRCC.

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.

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.

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.

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.

§ 165-7 Rule Making Authority.

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.

§ 165-8 Fees.

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.

§ 165-9 Penalties for Offense.

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.

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.