[Adopted 6-22-1993 by Ord. No. 595 as
Secs. 19-86 to 19-106 of the 1993 Code]
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
An item of solid waste larger than two feet by two feet by
two feet or heavier than 75 pounds. Doors and enclosures related to
such items must be removed.
The Director of Public Works of the Town.
Any waste defined in the Rhode Island Hazardous Waste Management
Act, R.I.G.L. § 23-19.1-4, or in regulations adopted pursuant
thereto, and as they may be amended.
Hazardous municipal waste generated by residents of the Town.
Recyclable materials which are required to be removed from
the municipal solid waste at the source and placed in or on top of
set-out approved containers for transport to the nearest materials
recovery facility (MRF) for recycling.
Solid waste generated by the residents of a municipality
in the course of their daily living, the disposal of which the governing
body of the municipality has undertaken in the discharge of its duties
to protect the health of the municipality. Municipal solid waste does
not include solid waste generated by residents of a municipality in
the course of their employment or that generated by any manufacturing
or commercial enterprise.
Materials separated from municipal solid waste for reuse
as specified by the State Director of the Department of Environmental
Management and including but not limited to plastic milk and beverage
containers, newspapers, glass and metal and such other materials as
may be listed by the Director of Public Works of the Town and the
Town Recycling Coordinator and added to this article by amendment
passed by the Town Council from time to time.
Any person whose principal place of residence is within the
corporate limits of the Town. This shall include all persons, corporations,
business entities, churches, nonprofit institutions and any person
or entity not specifically exempted from this article.
Any matter obtained from a cesspool or septic tank.
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 sludge, nor hazardous waste as defined in the Hazardous
Waste Management Act.
The removal by the generator of recyclable materials including
mixed recyclables from all other solid waste generated by the household,
and conveyance of the recyclables to the curbside or other location
designated by the municipality or its agents.
A facility or facilities operated by or for the municipality
whose purpose is the temporary storage and accumulation by permit
only of the municipal solid waste generated by residents at their
residences prior to its transport and disposal at a state landfill
or resource recovery facility and for the temporary storage and accumulation
of commercial waste generated by commercial enterprises from within
the municipality to which the Town has granted a storage permit for
use of the transfer station. Such permits shall be limited to commercial
enterprises within the Town and shall require that commercial waste
be separated into the categories required by the Town limited to one-half-ton
vehicle and for which the Town shall charge a fee, to be established
from time to time, for each load to be deposited in the transfer station.
All residential and commercial waste must be separated into recyclable
and nonrecyclable material.
Major kitchen or laundry appliances, including but not limited
to stoves, washers, refrigerators and dryers. Nothing in this definition
shall waive compliance with the rules and regulations for generation,
transportation, storage and disposal of hazardous waste.
There is hereby established a program for the
mandatory separation of certain recyclable materials from municipal
solid waste by the residents of the Town and the collection of segregated
solid waste at the Town's curbside or at other specified locations.
The collection of separate recyclables shall be made periodically
under the supervision of the Director of Public Works and the Recycling
Coordinator.
The Director of Public Works, at the direction
of the Town Manager of the Town, shall have the responsibility and
shall oversee implementation of this article. The Director shall be
responsible for providing support for the Recycling Coordinator to
adequately perform his duties under state and local law.
The Town Manager shall appoint an individual,
either part- or full-time, to provide recycling education for residents
and schoolchildren and to coordinate the recycling program with the
Department of Public Works, private trash haulers and recycling centers
in a manner consistent with state and federal regulations. One of
the prime duties of the Recycling Coordinator shall be to encourage
public education regarding recycling through the media and through
the schools.
It shall be the duty of the Chief of Police
to enforce the provisions of this article.
A.
The Department of Public Works of the Town shall collect
mixed recyclables once a week from all dwellings consisting of four
or less dwelling units. Materials shall be placed at the curbside,
or other locations as approved by the Department of Public Works,
in approved containers. The Department of Public Works shall prominently
publish the initial schedule of such collection and shall publish
a new schedule or procedural guidelines thereafter whenever there
is a change in either materials to be collected, collection procedures
or schedules. Mixed recyclables, which shall be placed in the containers
provided, shall consist of the following:
B.
In addition to the following mixed recyclables, which
shall be placed in the containers, newspapers shall be placed in close
proximity to the containers in stacks 12 inches high or less and tied
or placed in brown paper grocery bags.
C.
The mixed recyclables shall be pretreated prior to
placing in the containers in the following manner: Glass, food and
beverage containers shall be rinsed and lids removed. No broken glass
shall be placed in the containers. Aluminum and tin cans shall be
rinsed and paper labels removed. Aluminum furniture shall have webbing
removed and glass shall be removed from aluminum windows. Plastic
containers shall be rinsed and caps removed.
The Department of Public Works shall set up
and prominently publish its schedule for the collection of other recyclable
materials that are not picked up under weekly curbside collection.
Bulk items shall be collected by the Department
of Public Works at least once a year. The collection shall be prominently
advertised.
All nonrecyclable materials must be contained
in individual plastic or metal containers with covers, each of a capacity
not exceeding 35 gallons and 75 pounds, when loaded, or otherwise
shall be appropriately bundled, all of which shall be deposited at
the curbside.
Recyclable materials shall be deposited at the
curb in special approved recycling containers provided by the Town
to the residents. These containers shall initially be provided free
of charge and thereafter for a fee specified by the Director of Public
Works. If there is an overflow, recyclables shall be placed in approved
containers stacked close to the special recycling container, clearly
indicating its similar nature and to facilitate separate collection
from nonrecyclable materials. Materials shall be prepared for recycling
according to directions.
The Town will service any multifamily housing
unit complex of four residential units or less, unless the Town has
otherwise specifically agreed to service a specific multifamily housing
unit complex of more than four units.
The Town shall require the separation of recyclables
as a condition of licensing or authorizing public events at which
significant solid waste will be generated for which the Town accepts
responsibility for disposal. With the license, the Town shall require
sufficient collection bags or boxes for expected recyclables and/or
shall provide specially marked containers to be used for the recyclables
at certain municipal facilities where such events normally occur.
The Director, in cooperation with the Department
of Environmental Management and with other state and federal regulatory
authorities, will implement a plan to encourage and effectuate the
periodic collection of hazardous substances, recyclable or not, and
prominently publish information on the procedures for safe and ecologically
sound disposal of these substances. Certain substances such as toxic
chemicals, dead animals, demolition debris, excrement, surgical medical
waste, explosives and other similar dangerous wastes that are liable
to do injury to persons or property are not acceptable for municipal
collection, and such items shall be disposed of in accordance with
the terms of R.I.G.L. § 23-19.1-1 et seq.
All residents shall separate recyclables from
the nonrecyclable portion of their solid waste and prepare them for
recycling according to directions published by the Town. The Town's
trash haulers shall pick up the two different portions so that the
recyclable materials are taken to proper drop sites for sale, processing
or composting according to the requirements of specific materials
and so that nonrecyclable materials are disposed of properly.
Residents may separate recyclables and place
the same in containers at the street line for collection by private
nonprofit organizations that have been duly licensed and whose collections
are reported in a manner specified by the Director to be in compliance
with DEM reporting requirements.
Violation of this article shall be punished
by the following means:
A.
First offense: a verbal notification from the Department
of Public Works to the resident recorded.
B.
Second offense: a written warning that subsequent
violations can result in fines from the Department of Public Works.
C.
Third offense: a written warning that a subsequent
violation will result in fines from the Department of Public Works.
D.
Fourth offense: any person who violates any of the
provisions of this article after an oral and two written warnings
shall be subject to a fine of not more than $100.
No person having custody or control of residential,
industrial or business premises from which garbage, rubbish or other
refuse, including recyclables, is collected for disposal by the Town
shall permit or cause any solid waste including recyclables within
his control to become a hazard to public travel, health or safety,
or to become a nuisance of any sort.
No person engaged in the business of separation,
recovery, collection, removal, storage or disposition of garbage,
rubbish or other refuse within the Town shall pick up or procure any
recyclable materials as defined in this article or a valid regulation,
except as specifically authorized by the Director. The restriction
shall include any independent citizen, resident, taxpayer or person
who might engage in such practice for personal gain.
The Director may issue collection permits to
private parties or charitable organizations to collect recyclable
materials on the condition that a report is filed by the party or
organization detailing the amount of materials collected, so that
the Director may comply with the reporting requirements, and provided
that the Director determines that such collection does not defeat
the purpose or cost-effectiveness of the Town's recycling program
nor conflict with the Town's local implementation program.
The Director is empowered and directed to supervise,
facilitate and contract with either the state recycling facilities
as mandated by the General Laws or with commercial firms for the receipt
and processing of recyclable materials in a manner consistent with
the Town's local implementation program that yields the best rate
of recycling and the most cost-effective result to the Town.
The Director of Public Works is hereby authorized
and directed to prepare and publish, subject to Council approval,
regulations governing use of the Town transfer station, including
eligibility for use and the types of waste which will be accepted
at that facility and what recycling facilities will be made available
to residents of the Town.
