[Added 8-13-2002 by Ord. No. O-02-69 (Sec. 10-4 of the 1987 Code)]
The purpose of this article is to establish
minimum standards for the storage, collection, transportation and
disposal of refuse by automated collection, and thus promote the health,
safety, and welfare of the City's residents, employees and environment.
The Superintendent of the Solid Waste Department
(hereinafter the "Superintendent") shall have the direct responsibility
for the administration of this article subject to the direction and
control of the Director of Public Works, the Mayor and the Board of
Public Works.
For the purpose of this article, the following
definitions shall apply:
A method of collecting refuse through the use of mechanical
collection equipment and special containers issued for the storage
and collection of rubbish.
A specially designed container with wheels, approved by the
Division of Public Works, Solid Waste Department, to be used for the
storage of acceptable refuse in the automated collection operation.
Discarded nonmetal items that may not be placed in the automated
collection container, such as small furniture, mattresses, box springs,
etc.
The City of Nashua, New Hampshire.
The area directly behind or adjacent to the curb; in the
absence of a curb, the area adjacent to the edge of pavement or road.
Any person or entity receiving service from the City.
The place where the automated cart shall be placed for service,
as determined by the Division of Public Works, Solid Waste Department.
The Director of the Division of Public Works or his or her
duly-authorized representative.
Any building or portion thereof that contains living facilities
(which provide for sleeping, eating, cooking, and sanitation) for
not more than one household.
Any refuse placed on, around or in a five-foot radius of
the automated collection container in excess capacity of the automated
container.
Waste that has the potential to cause an infectious disease
via exposure to a pathogenic organism of sufficient virulence and
dosage, through a portal of entry in a susceptible host.
Any establishment except those defined under residential
property.
The automated container or cart is so full of refuse that
its lid is not completely closed, thereby exceeding the automated
cart's rated capacity.
Any material that is collected and handled by the City for
remanufacture into new products.
A single or multiple-family housing unit up to and including
apartment buildings of six or fewer dwelling units.
Organic material, including leaves, grass clippings and pine
needles, which are banned by the NH Department of Environmental Services,
its successor agency, or the appropriate regulatory authority from
disposal in landfills.
A.
The Division of Public Works, Solid Waste Department,
will provide an automated collection container and instructions for
use to residents who receive collection services from the Department,
prior to the onset of the new collection program.
B.
It shall be the customer's responsibility to assure
that automated collection containers are placed in the appropriate
location designated by the City, by 6:45 am on collection day.
C.
The City shall not be responsible for the refuse collection
if there is a violation of any part of this article, or circumstances
that are beyond the control of the City. Circumstances or violations
include, but are not limited to, automated container overload, improperly
loaded automated container, blocked access, automated container inaccessibility,
or dangerous situations.
D.
Automated containers shall be placed at the City-designated
collection point on the scheduled collection day by 6:45 a.m. Such
location shall be easily accessible to the container with the lids
completely closed, and unobstructed to the collection vehicle, and
with the handle of the container facing the house. It shall be the
duty of each customer to remove the automated container from the curbline
on the same day as collection. It is prohibited to overload automated
containers in a manner that is likely to cause damage to the collection
vehicle, automated container or create a litter condition or impede
collection.
E.
Automated collection within the City is mandatory
in those areas designated by the Superintendent of the Solid Waste
Department or Director of Public Works.
F.
Any manure, offal or other noxious material that,
in the discretion of the Superintendent, has not been securely wrapped
and placed in an automated container, shall not be collected. All
refuse shall be drained of any free liquids prior to placement in
any automated container. It shall be the responsibility of the resident
to keep automated containers clean.
G.
It shall be a violation hereof to place or deposit
any refuse whatsoever in or around an automated container owned or
provided for the use of another customer without that customer's approval.
H.
The City shall reserve the right to inspect any or
all refuse, collected and disposed, prior to and or during collection
and disposal for compliance with local, state, or federal laws or
regulations, and to reject if noncompliant.
A.
The automated containers are provided exclusively
by the City. No other type of automated container is allowed. The
City shall initially provide one automated container at no charge
to each occupied residential unit currently serviced by the City.
All automated containers will be assigned to a street address and
have an imprinted number for identification purposes. The automated
container shall remain at the assigned address regardless of whether
the property owner or resident sells or moves.
B.
The automated container provided by the City shall
not be filled to exceed the manufacturer's recommended limit (200
pounds total weight for a container 90 to 95 gallons and 150 pounds
for a sixty-five-gallon container), and all rubbish must fit inside
the automated collection container. The cover of any automated container
must be kept closed at all times except when the automated container
is being filled, emptied or cleaned. Animal wastes and ashes shall
be wrapped separately from other refuse in a manner to prevent spillage
prior to placement in an automated container.
C.
Bulky items, such as mattresses, furniture, and brush;
tires; and metal items will be picked up in special collections by
appointment only, for residential properties receiving City municipal
solid waste collection service by the Solid Waste Department, as outlined
in the Board of Public Works policy.
D.
Currently served housing units are limited to a maximum
number of automated collection containers, as determined by the Division
of Public Works, Solid Waste Department. If customers require more
than the determined number of automated collection containers, or
do not have the room to properly place automated containers at curbside
for collection, the Director or Superintendent may order them to purchase
and maintain additional containers or to obtain private collection
service.
E.
Any customer in possession of a City-owned automated
collection container shall pay the cost of repair or replacement of
any damaged container, if it is the determination of the Director
or Superintendent that such damage is the result of negligence of,
or abuse by, the customer. The charge shall be the actual cost of
repair or replacement as determined by the City. If a container is
rendered unusable through normal wear and tear, or through the fault
of the City, then a replacement container will be provided at no cost
to the residence.
F.
The initial automated containers issued by the City
are the property of the City and shall remain with the premises they
are assigned to. Automated container shall only be used for storage
and placement for collection of refuse by the City.
G.
In order to maintain an orderly and aesthetic appearance
within the City and to prevent unauthorized encroachment on any street,
public property or private property the Superintendent or Director
shall have the authority to approve the storage location of automated
containers for residential customers. Automated containers shall be
stored on private property except on collection days. Failure by the
customer to comply with City notification citing improper storage
for automated containers shall be a violation of this section.
H.
Automated collection containers shall be returned
to a secure location after the pickup, with the exception of automated
containers being stored in a garage or shed, the automated container
shall not be stored anywhere closer to the street than the extension
of any existing building line that faces any street, unless the automated
container is screened from public view by shrubbery, foliage, a fence
or wall. Automated containers are not to be left curbside, street
side or roadside overnight after the day of collection.
A.
To be eligible to receive collection service, the
customer shall currently be receiving service as of the effective
date of this article, in accordance with the approved Board of Public
Works multifamily collection policy.
B.
Standard refuse collection service shall consist of
once a week collection of acceptable refuse, which may include bulky
waste, metals goods, and seasonal soft yard wastes, in accordance
with policies as outlined by the Board of Public Works.
C.
Residential curbside collection of acceptable recyclables
shall consist of biweekly pickup service, in accordance with policies
as outlined by the Board of Public Works.
Automated containers shall be placed:
A.
Within two feet of the curbline or where directed
by the City.
B.
At least three feet away from all objects such as
fences, mailboxes, and utility poles, and clear of overhanging vegetation,
utility wires, etc., to allow for the unimpeded operation of collection
vehicles.
C.
So that the automated container handle is facing the
dwelling unit.
D.
At least three feet from recycling and yard waste
containers.
E.
At least 10 feet away from parked vehicles.
F.
Residents are responsible for ensuring the accessibility
of all containers.
[Amended 2-26-2008 by Ord. No. O-08-07]
All materials prohibited under other ordinances
are also prohibited under this article. In addition, the following
materials are prohibited:
A.
No toxic, extremely hazardous, dangerous/hazardous
or liquid waste as defined now or hereafter, shall be deposited curbside
or in any automated collection container intended for disposal.
B.
Household hazardous waste and small quantity generator
waste shall not be deposited curbside or in any automated collection
container.
C.
No infectious waste or sharps shall be placed curbside
or in any automated container for collection.
D.
No rocks, concrete, asphalt, dirt, or other similar
material shall be placed in automated containers.
E.
Yard waste and recyclables shall be separated from
refuse and placed in separate containers for separate collection,
as outlined in the Board of Public Works policy.
F.
No hot ashes or any other material capable of causing
ignition or spontaneous combustion shall be placed in any automated
collection container.
G.
No motor oil or other automotive fluids shall be deposited
in any automated container.
H.
The City reserves the right to prohibit, or to place
disposal restrictions upon any waste that may adversely affect the
disposal site. This shall also extend to any item that may pose a
risk to the health or safety of City employees. Disposal restrictions
that may be implemented shall include, but are not limited to, item
size restrictions, quantity restrictions, recycling regulations, special
preparation requirements, and rubbish source documentation requirements.
I.
Failure of a customer to comply with disposal restrictions
will be deemed a violation and may, at the discretion of the Superintendent
or Director, result in revocation of collection services.
This article shall be enforced by either the
Police Department, the Environmental Health Department or the Code
Enforcement Department or their duly authorized agents, after initial
notification to the violator by the Division of Public Works, Solid
Waste Department.
Any customer found willfully violating any of
the provisions of this article may have their service terminated by
the Superintendent or Director.
