[NRO 1975, T. 6, §§ 401 to
411 (Secs. 10-21 to 10-33 of the 1987 Code)]
[Amended 4-14-1987 by Ord. No. O-86-105; 8-13-2002 by Ord. No. O-02-69]
As used in this article:
Approved by the Board of Health, the Board of Public Works
or their authorized representatives, as applicable.
Any residue, other than salvage, from the burning of combustible
materials.
The biochemical degradation of organic materials to a stable,
sanitary, nuisance-free, humus-like material.
Relates to or is connected with trade and traffic or commerce
in general; is occupied with business and commerce.
Nonputrescible waste, building material and rubble.
A place where refuse is disposed of, on, or in the ground
in a manner other than the normal accepted practices for sanitary
landfill operations.
Swill and every accumulation of animal, vegetable, and other
matter that attends the preparation, handling, consumption, storage
or decay of plant and animal matter, including meats, fowl, birds,
fruit, vegetable or dairy products and waste wrappers and containers
thereof.
A solid, semisolid, liquid, or contained gaseous waste, or
any combination of these wastes which because of either quantity,
concentration, or physical, chemical or infectious characteristics
may cause or contribute to an increase of irreversible or incapacitating
reversible illness, or pose a present or potential threat to human
health or the environment when improperly treated, stored, disposed
of, or otherwise mismanaged; or which has been identified as a hazardous
waste by the New Hampshire Department of Environmental Services, office
of waste management using the criteria established under RSA 147:50
I(a), and/or as listed under RSA 147:50 I(e). Such wastes include,
but are not limited to, those which are toxic, corrosive, ignitable,
reactive, irritants, strong sensitizers, or which generate pressure
through decomposition, heat, or other means. Such wastes do not include
radioactive substances that are regulated or controlled by the Atomic
Energy Act of 1954, as amended.
Material contaminated as a result of contact with wastes
or infected matter, during, or as a result of, care or treatment of
patients in hospitals or nursing homes.
Fecal and urinary discharges and includes any waste containing
such material.
An apparatus, device, container, or equipment in which combustible
wastes are ignited and burned.
A hazardous waste that is not suited for placement in a particular
device because it may cause corrosion or other hazards, or is not
suited for commingling with any other waste because it may produce
heat, pressure, or a hazardous reaction.
A disposal system whose original source of wastes is limited
to sewage originating from/on an individual property, dwelling or
premises designed and constructed to receive, treat and dispose of
liquidborne wastes in such manner as to retain settleable solids in
a liquid-type tank and to discharge the liquid portion in an approved
manner to an adequate disposal area. Examples include, but are not
limited to, septic tanks with soil absorption systems, incinerator-type
toilets, and holding tank systems.
Any liquid, gaseous or solid waste substance resulting from
any process of industry, manufacturing, trade or business or from
development of any natural resources.
Any waste which because of its infectious nature may cause
or significantly contribute to an increase in morality or an increase
in serious irreversible or incapacitating reversible illness; or pose
a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of, or otherwise
managed.
Animal feces and urine with or without natural organic bedding
materials such as hay, sawdust, straw or wood chips, but exclusive
of human waste.
A subdivision whose plat or plot plan has been approved after
the effective date of this article.
Any activity which arises from unreasonable, unwarranted
or unlawful use by a person of his own property, working obstruction
or injury to another, or to the public.
Any substance harmful to the health, safety or welfare of
persons including, but not limited to, garbage, refuse, decayed wood,
sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and
other substances other than industrial wastes.
Human tissues, fluids and other metabolic by-products together
with such materials and equipment as may be contaminated by same to
include sharps, laboratory cultures, dialysis unit wastes and blood
and blood products.
Any individual, trust, firm, joint stock company, corporation,
partnership or association engaged in the business of commercial solid
waste storage, collection and handling.
Contamination, or other alteration of the physical, chemical,
or biological properties of any waters or public outdoor atmosphere,
which will or may create a public nuisance or render such water, land
or public outdoor atmosphere harmful, detrimental, or injurious to
public health, safety, welfare, or to domestic, commercial, industrial,
agricultural, recreational or other legitimate beneficial uses, or
to livestock, animals, birds, fish or other aquatic life.
An invasion of a person's interest in the private use and
enjoyment of land, including any wrongful act which destroys or deteriorates
the property of an individual or of a few persons or interferes with
their lawful use or enjoyment thereof, or any act which unlawfully
hinders them in the enjoyment of a common or public right and causes
them a special injury different from that sustained by the general
public.
One which affects an indefinite number of persons or all
the residents of a particular locality or all people coming within
the extent of its range or operation.
A sewer located in a road, street, alley, easement or right-of-way,
used to convey sewage to community treatment and disposal facilities.
Any organic material that can decompose and give rise to
foul smells and noxious by-products.
All putrescible and nonputrescible solid and semisolid wastes,
including garbage, rubbish, ashes, manure, street cleanings, dead
animals, and industrial wastes, but not human excreta.
The process whereby solid waste and/or solid waste containers
containing solid waste are taken from designated location on any premises
and loaded into vehicles intended for transport from the premises
to the disposal site.
An approved portable device designed, constructed or purchased
to hold or store solid waste, pending collection and transport to
the disposal area.
Nonputrescible solid wastes, excluding ashes, consisting
of both combustible and noncombustible wastes.
A liquid-tight receptacle which receives raw sewage for storage
and digestion, and which has been designed and constructed so as to
retain the solids and to allow the liquids to discharge through a
secondary system of piping to an approved form of subsurface disposal
area.
The wastes from toilets, baths, sinks, lavatories, washing
machines, and other plumbing fixtures in residences, institutions,
public and business buildings, mobile homes, watercraft, and other
places of human habitation, employment or recreation.
Includes the pipes or conduits, pumping stations, force mains,
and all other devices, appurtenances, and facilities used for collecting,
treating or conducting sewage to point of final disposition.
Any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater plant, water supply treatment
plant, or air pollution control facility, exclusive of the treated
effluent from a wastewater treatment plant.
Waste material generated within the City of Nashua and approved
for disposal at the Nashua landfill. It does not include hazardous,
toxic or nuclear waste as defined by the New Hampshire solid or hazardous
waste rules or the Atomic Energy Act of 1954 as amended.
Any lot, tract or parcel of land which is hereafter divided
into two or more parcels.
The individual, trust, firm, joint-stock company, corporation,
partnership or association, or employee thereof properly licensed
and equipped to collect and transport solid waste generated and collected
within the City limits of Nashua for disposal at the City landfill
in conformity with this article.
Any matter consisting of garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility, and other spent, discarded or abandoned material, including
solid, liquid, semisolid, or contained gaseous material resulting
from industrial, commercial, mining, and agricultural operations,
and from community activities, but does not include solid or dissolved
material in domestic sewage, or solid or dissolved materials in irrigation,
return flows or industrial discharges which are point sources subject
to permits under Section 402 of the Federal Water Pollution Control
Act as amended.
Any system for the disposal of sewage and other wastes, including
but not limited to public or franchised sewerage systems, individual
sewage disposal systems, chemical toilets, privies, waste treatment
works, sanitary landfill operations, dumps, incinerators, and composting
operations.
Includes the complete process required of collection and
transport of bulk or contained solid waste from point of generation
to the disposal site.
Includes that portion of the solid waste disposal operation
which provides for the hauling of solid waste in bulk or refuse containers
to the disposal site.
Any plant, disposal field, lagoon or other works used for
the purpose of treating or stabilizing sewage or industrial wastes.
All rivers, streams, lakes, ponds, marshes, watercourses,
waterways, wells, springs, irrigation systems, drainage systems, and
all other bodies of accumulated water, surface and underground, natural
or artificial, public or private, which are contained within, flow
through, or border upon the City of Nashua or any portion thereof.
A.
The Board of Public Works may, after notice and public
hearing, establish sanitary landfills within the boundaries of the
City and establish rules and regulations for the collection of all
forms of trash and waste.
B.
The Board shall fix a reasonable time for a hearing
on the establishment of a landfill. Notice shall be given to the owners
of all of the real property situated within 200 feet of any of the
boundaries of the landfill, or their representatives in interest if
of record in the office of the Board of Assessors, either in hand
or by notice sent by certified mail, and notice also shall be given
by publication in a newspaper published in the City. The notice shall
be sent or delivered in hand at least 14 days before the date and
time of the hearing and shall be published at least 14 days before
the date and time of the hearing and published again at least 72 hours
before the hearing. Notices sent by mail shall be mailed to the last
known address of the owners or their representatives in interest.
C.
The Board of Public Works shall give notice of any
hearing on the establishment of rules and regulations for the collection
of all forms of trash and waste by publishing such notice in a newspaper
published in the City at least 14 days before the date and time of
the hearing.
[Amended 6-25-1985 by Ord. No. O-85-139; 12-10-1985 by Ord. No. O-85-182; 4-13-1999 by Ord. No. O-99-109; 8-13-2002 by Ord. No. O-02-69]
A.
A disposal permit will be required for all non-City-owned
vehicles before any such vehicle shall be allowed to dispose of waste
material in any City landfill. A disposal permit shall be issued only
to individuals or firms resident in the City and shall be valid only
for the calendar year in which it is issued. Each permit shall be
nontransferable and shall be affixed to the lower left-hand corner
of the windshield of each vehicle of the permittee. Transfer of a
permit or failure to display a permit, or to comply with the rules
and regulations as established by the Board of Public Works, by the
permittee will result in immediate revocation of dumping privileges
without notice. The City may accept waste material from any New Hampshire
municipality provided that any contract with any New Hampshire municipality
be approved by the Board of Public Works and the Board of Aldermen.
[Amended 9-12-2006 by Ord. No. O-06-26]
B.
Permits will be issued after payment of the fee to
be established by the Board of Public Works.
C.
Passenger vehicles and noncommercial vehicle permits
shall not exceed a fee of $5. Commercial vehicle permits shall not
exceed a fee of $50.
D.
Unless otherwise provided, any person violating any
provision of this article may be punished by a fine of not more than
$20, or the loss of privileges to use the facility, or both.
[Amended 12-12-1984 by Ord. No. O-84-113; 6-25-1986 by Ord. No. O-85-140; 10-11-1988 by Ord. No. O-88-86; 6-27-1989 by Ord. No. O-89-123; 7-10-1990 by Ord. No. O-90-35; 11-24-1992 by Ord. No. O-92-13; 8-9-1994 by Ord. No. O-94-35; 4-13-1999 by Ord. No.
O-99-109; 5-23-2000 by Ord. No. O-00-25; 8-13-2002 by Ord. No.
O-02-69; 9-12-2006 by Ord. No. O-06-25; 9-12-2006 by Ord. No.
O-06-26]
All permittees holding permits under § 270-8 shall pay the following fees in connection with waste material deposited by them at any landfill:
A.
For the commercial disposal of mattresses, a fee not
to exceed $10 as established by the Board of Public Works. This fee
is in addition to the applicable tipping fee. This fee does not apply
to the residential disposal of waste by residential customers.
[Added 9-12-2006 by Ord. No. O-06-26]
B.
For the deposit of all waste material requiring segregation
from the usual waste stream:
(1)
Asbestos or asbestos containing materials from Nashua
properties, packaged and documented in accordance with federal EPA
regulations: $0.10 per pound or fraction thereof, with a minimum charge
of $25.
(2)
Asbestos mixed with otherwise clean fill, asbestos
siding shingles: $200 per ton.
(3)
All other materials requiring special handling: $80
to $100 per ton.
C.
Construction and demolition debris shall be charged
on a per-ton basis at $300 per ton. Other acceptable municipal solid
waste not defined in other subsections of this section shall be charged
on a per-ton basis not less than $60 per ton and not more than $90
per ton to be established from time to time by the aldermanic Finance
Committee in consultation with the Director of Public Works and Board
of Public Works. There will be a minimum charge not to exceed 1/2
of a ton as established by the Board of Public Works for commercial
disposal of municipal solid waste, construction and demolition debris
and sweepings. Waste from mobile home parks and multifamily residences,
including apartment, condominium, rowhouse and townhouse complexes,
shall be exempt from such fee in accordance with written procedures
established by the Division of Public Works.
[Amended 9-12-2006 by Ord. No. O-06-26; 3-22-2022 by Ord. No. O-22-009]
D.
For recyclables from commercial customers, a charge
sufficient to cover the cost of handling as determined by the Board
of Public Works.
F.
A fee of $10 will be charged for certified weighing
for other than landfill use.
G.
Interest at the rate of 1.5% per month will be charged
on all unpaid invoices more than 30 days past due beginning with invoices
rendered after the effective date of this ordinance from which this
subsection derives.
[Amended 8-13-2002 by Ord. No. O-02-69]
A.
In order to provide for recycling of classes of trash
and waste which have an established market value or cannot be used
in the sanitary landfill, no person shall place or leave, or cause
to be placed, trash or waste material of any kind in any place or
on any property for collection except in accordance with rules and
regulations promulgated by the Board of Public Works.
B.
No person shall use any municipal sanitary landfill
in the City except for the purpose of dumping, and no person shall
pick over or carry away any substance which has been placed at curbside
for collection or deposited in any municipal sanitary landfill.
C.
No person shall place or leave or cause to be placed
or left in or near any dwelling house, barn, shed, store, shop or
cellar any substance that is or is liable to become putrid or offensive
or injurious to the public health.
D.
The collection and disposal of materials such as bulky
waste and metal items shall be handled according to the policies as
outlined by the Board of Public Works.
No person shall place or leave or cause to be
placed or left in any municipal sanitary landfill in the City any
substance whatsoever between the hours of 5:00 p.m. and 8:00 a.m.
on weekdays and at no time whatsoever on Sundays and legal holidays.
Liquid industrial waste shall be banned entirely
from municipal sanitary landfill areas. Other industrial waste may
be deposited in the area so long as it does not create an obnoxious
odor, but shall be deposited in accordance with the State Board of
Health regulations.
The Board of Public Works shall maintain an
effective program of rodent control at municipal sanitary landfills,
and shall provide rodent control service at least once a month and
more often if necessary.
Each day's deposit of trash in a municipal sanitary
landfill shall be covered with a minimum of six inches of fill according
to the directions outlined in the Camp, Dresser & McKee report.
There shall be a screen of trees or shrubs for
a distance of 125 feet from any City or property line to the area
of operations of the sanitary landfill.
Access roads to the sanitary landfill operation
shall be cleared of refuse daily.
[Amended 8-13-2002 by Ord. No. O-02-69]
Adequate security shall be provided at the Four
Hills Landfill.
[Amended 3-12-1985 by Ord. No. O-84-79; 8-13-2002 by Ord. No. O-02-69]
Any person who shall violate or cause to be violated, by agent or otherwise, any provision of this article, or any order, rule or regulation made by the Board of Public Works or the Director or Superintendent or the Health Officer or the Board of Health under the authority of this article shall, upon conviction thereof, be punished as provided in § 1-12 of the City Code and the costs of prosecution for each offense.
