City of Nashua, NH Article IV Commercial Collection and Storage

[Added 4-14-1987 by Ord. No. O-86-104 (Secs. 10-41 to 10-50 of the 1987 Code)]

§ 270-19 Permit requirements.

[Amended 8-13-2002 by Ord. No. O-02-69]

No person shall engage in the activity of commercial collection and handling of solid waste within the City without first obtaining a permit from the Environmental Health Department of the City.

§ 270-20 Permit application procedure.

[Amended 8-13-2002 by Ord. No. O-02-69]

The Environmental Health Department of the City may grant to any suitable person who applies for a permit to collect and transport nonhazardous and nontoxic solid waste within the City.

A. Permits will be issued each year to approved applicants for a period of one year. Permits will be effective for the current fiscal year or portion remaining after review and application approval. Said permit may be terminated earlier for failure to comply with any statute, ordinance or rule promulgated by any competent authority including the Board of Public Works, State of New Hampshire, or any federal agency.

[Amended 2-26-2008 by Ord. No. O-08-07]

B. An annual permit fee of $300 is established.

[Amended 3-28-2006 by Ord. No. O-06-06]

§ 270-21 Permitted hours for waste collection and transport.

A. No person shall collect or convey any solid waste through any street or public place or way in the City of Nashua, except between the hours of 6:00 a.m. and 8:00 p.m.

B. An exception to this time period may be granted by the Health Officer for good cause shown which shall be applied for in writing by the collector, for the customer. Approval, if granted, shall be temporary pending concurrence of the Board of Health and shall only be done on a case-by-case basis.

C. Direct shipment or transport of solid waste through the City of Nashua for disposal at other public or private waste disposal sites is not subject to the permitted hours cited in Subsection A above.

§ 270-22 Permit termination; appeal process; reapplication.

[Amended 10-13-1987 by Ord. No. O-87-159; 8-13-2002 by Ord. No. O-02-69]

A. The Health Officer or Director or Superintendent may, by written notice, terminate permits for failure to comply with the requirements of this article or any rules and regulations on waste collection, transport and disposal promulgated by competent authority.

B. Persons who have received written notice of termination for any illegal action or violation of applicable ordinance or law may, upon receipt of written notice to terminate their operating permit, file a written appeal for a hearing before the Board of Health and the Board of Public Works. Said request must be filed with the Health Officer and Director or Superintendent within 72 hours. The Boards will conduct the hearing within 10 days of receipt of request for same. Permit termination will be deferred pending completion of the appeal process. The Board of Health and Board of Public Works may:

(1) Act to confirm the termination;

(2) Defer action pending correction of the conditions or actions which led to the termination; or

(3) Cancel the notice of termination.

C. In the event termination is approved, the collector may reapply for a new permit upon correction of the conditions or actions which precipitated the termination. If the new application is approved by the Board of Health, a new permit for the remainder of the current fiscal year will be granted at the specified annual fee.

§ 270-23 Other wastes not permitted at landfill.

A. The following materials shall not be deposited at the Nashua landfill.

(1) Hazardous, toxic, radiological, or incompatible waste; and

(2) Pathological waste or potentially infectious wastes from hospitals, dental clinics, nursing homes, outpatient clinics or sheltered care facilities unless separated from general solid wastes and handled in accordance with NH Licensure Rules and Regulations, He-P801.07, Infectious Wastes, and HMH Solid Waste Rules, He-P1901-08.

B. Any violation of this rule will result in permit suspension.

§ 270-24 Limited self-operated collection.

An industrial, commercial or business establishment operating its own collection service entirely for the benefit of such establishment under one ownership and for no other establishment and disposing of such permitted solid waste at the City of Nashua Landfill need not have an operating permit but shall register the service with the Environmental Health Department and shall comply with all requirements for collection and transport of solid waste.

§ 270-25 Site maintenance standard.

A. Every person, occupant, owner or permit holder shall have the responsibility of maintaining premises and equipment under his supervision to include all waste containers in compliance with this chapter.

B. The collector shall clean up all garbage, rubbish or waste matter spilled during collection and shall completely empty containers.

C. No person, owner, agent or occupant of a lot or premises whereon a building of any kind may exist shall allow any collection of garbage, rubbish, or waste matter to remain on such lot or premises longer than three days or any shorter period of time specified by the Health Officer after the date of a written notice issued by the Health Officer or his agent to remove the offensive material.

§ 270-26 Solid waste containers.

[Amended 8-13-2002 by Ord. No. O-02-69]

A. Limited-volume standards.

(1) Solid waste containers to be lifted and emptied manually shall not exceed 32 gallons' capacity, shall be in good repair, leakproof, rodentproof, free from holes and fitted with tight-fitting covers which shall be removed only at times of filling and emptying.

(2) Commercial solid waste containers, typically ranging from 60 to 120 gallons or more capacity and designed to be raised and lowered by power equipment and the collection vehicle may be used if desired. Said containers must be in good repair, leakproof, rodent proof, free from holes and fitted with tight-fitting covers which shall be removed only at times of filling and emptying.

B. Bulk standards. Bulk solid waste containers used for or containing putrescible matter shall be capable of tight closure, free of leaks, fissures or cracks, and equipped with operational drain plugs.

C. Container identification. Bulk solid waste containers at all collection points must be clearly marked with the owner's identity, maintained in good repair, and regularly cleaned and treated as necessary to prevent insect infestation and odors.

D. Placement and maintenance of area. Containers shall be placed on an impervious, well-drained base. The area where containers are stored pending collection shall be kept clean, free of spilled waste or foul-smelling liquid or residue.

§ 270-27 Service frequency.

A. Solid waste material shall be collected and containers emptied at a frequency which precludes the possibility of an unsightly or unhealthy premises or the occurrence of a nuisance and in no case be less than every two weeks.

B. Collection and transfer of waste from food service establishments, apartments, condominiums, or other commercial or business establishments which generate or produce putrescible waste will be required at a rate necessary to preclude the creation of a public nuisance such as the generation of odor, insects, or rodent harborage. Said rate of collection and removal being required at least twice weekly during any season or period of time when the average temperature exceeds 60° F. Mandatory collection and removal of putrescible waste may be increased as necessary to preclude a nuisance.

§ 270-28 Violations and penalties.

A. Any person violating any provision of this article shall be punished by a fine not exceeding the provisions of § 1-12 of the City Code or the loss of dumping privileges, or both.

B. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.