The text
Footnotes:
--- (1) --- Cross reference— Buildings and building regulations, ch. 9; health and sanitation, ch. 13; sewers and sewage disposal, ch. 22; streets, sidewalks and other public places, ch. 25; environment, ch. 10.
State Law reference— Town authorized to provide waste disposal, G.L. 1956, § 45-34-2; town authorized to prohibit unhealthy conditions, G.L. 1956, § 23-19.4.
ARTICLE I. - IN GENERAL#
Sec. 24-1. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Compost means the material generated as the final product of the composting process.
Composting means the process of accelerated biodegradation and stabilization of organic material under controlled conditions.
Director means the director of the department of public works for the town.
E-waste means computers, computer components and other electronic products containing circuit boards and/or CRT, cellular phones, televisions, stereos, compact disc/DVD players, mercury and PCB (polychlorinated biphenyls) containing components, cadmium containing rechargeable batteries and microwaves. "E-waste" does not include nonhazardous wastes such as nickel-ion or alkaline batteries, copper wires unless it is contaminated with hazardous heavy metals or chemicals, or mercury thermometers or PCB-containing florescent bulbs.
Recyclable materials (mixed recyclable materials) means certain materials that are required to be separated from municipal solid waste for processing as specified by Rhode Island General Law (hereinafter "RIGL"), Tit. 23, Chs. 18.8, 18.9 and 19, as established by the Rhode Island Resource Recovery Corporation (hereinafter "RIRRC") and the Rhode Island Department of Environmental Management (hereinafter "RIDEM"). The materials to be included may change from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects, or mutual agreement between the state and municipalities.
Solid waste means garbage, refuse, rubbish, and other discarded solid materials generated by residential, institution, commercial, industrial and agricultural sources but not including solids or dissolved material in domestic sewage or sewage sludge, nor hazardous waste as defined in the Hazardous Waste Management Act, RIGL Ch. 19.1.
White goods means major kitchen or laundry appliances, regardless of color, 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.
(Code 1972, § 17-1; Ord. No. 2015-17, 10-21-15)
Cross reference— Definitions generally, § 1-2.
Sec. 24-2. - Authority and administration.#
(a)
The director shall oversee the implementation of this chapter.
(b)
The director shall collect all fees provided for under this article and shall promptly remit collection fees to the town's finance director.
(Ord. No. 2015-17, 10-21-15)
Sec. 24-3. - Authority vested in the director to promulgate rules and regulations.#
Authority shall be vested in the director to promulgate and publish rules and regulations to effectuate the objectives and requirements of this chapter, including but not limited to governing the town transfer station operations, establishing hours of operation, defining of the types of materials which may be deposited in the town transfer station operations, controlling issuance of permits, and setting standards as to identification of those seeking permits and access to the town transfer station operations, curbside pickup, and mandatory recycling.
(Ord. No. 2015-17, 10-21-15)
Sec. 24-4. - Amendment of rules and regulations.#
Any enactments or amendments to the rules and regulations shall be sent to the town council for review and shall be placed on the agenda of a regular town council meeting, as a consent agenda item, and shall not take effect until after said meeting. The town council, by motion, may reject in part or in whole such amendments to the rules and regulations.
(Ord. No. 2015-17, 10-21-15)
Sec. 24-5. - Penalty for violation of chapter and enforcement.#
Any person or corporation, whether as principal, agent, employee or otherwise, who violates or is the owner of property in violation of any of the provisions of this chapter, shall be required to remove the violation as soon as practicable and issued a warning for the first offense, and fined up to $25.00 for a second offense, up to $100.00 for a third offense, and up to $500.00 for each and every offense thereafter. Such fines to be paid to the town. Each day of the existence of any violation shall be deemed a separate offense. The director shall have the authority to enforce this chapter, to notify the party of the offending violation, and to levy such fines, with appeal thereupon to the municipal court.
(Code 1972, § 17-20; Ord. No. 2000-07, 3-29-00; Ord. No. 2015-17, 10-21-15)
Sec. 24-6. - Fees and charges.#
All fees and charges for town transfer station permits and operations, and any other waste disposal related products and services shall be established by town council resolution and administered by the department of public works.
(Ord. No. 2016-09, 6-15-16)
Secs. 24-7—24-35. - Reserved.#
ARTICLE II. - COLLECTION AND DISPOSAL#
Sec. 24-36. - Collection by private collection service.#
(a)
Private persons may be authorized to collect garbage and refuse; provided, that such collection is performed in accordance with this article and produces no objectionable conditions in or on the streets.
(b)
Private collectors, except persons under contract to the town for such collection, before engaging in such business, shall be licensed by the town council. There shall be a fee each year for each vehicle used in such service. All permits shall expire on December 31 of the year in which they were issued but may be renewed annually. No permit shall be transferred except with the approval of the town council. Such license may be revoked by the town council, following a hearing and upon receipt of evidence that the nature of collection or disposal is not in conformity with the requirements or such further rules as may be adopted.
(c)
Private scavenging on the street is prohibited. No person shall overhaul the contents of receptacles of solid waste or recyclable materials set upon the sidewalks for collection.
(d)
All vehicles employed in the collection of garbage shall be kept watertight and covered at all times. Vehicles employed in the collection of refuse shall be so equipped as to prevent any material from blowing or dropping onto the highway, pursuant to RIGL §§ 31-25-9 and 31-25-10.
(e)
No licensee shall collect any garbage or refuse from any premises until permission has been given by the owner or occupant to do so.
(Code 1972, § 17-6; Ord. No. 2015-17, 10-21-15)
Sec. 24-37. - Transportation.#
No person, except those holding a contract therefor with the town, shall remove solid waste, recyclable materials or other materials from any public street, court, lane or way without first obtaining a permit from the town council; and provided further, that they shall remove and transport the material therein mentioned in accordance with reasonable rules and regulations as may be established by the town council. All permits shall expire on December 31 of the year in which they were issued but may be renewed annually. They may be revoked by the town council at any time for cause. No permit shall be transferred except with the approval of the town council. Containers or vehicles used for the transporting of solid waste, recyclable materials or other materials shall be watertight and shall be securely covered with tightfitting covers which shall be kept closed and securely fastened while the vehicle or receptacle is being moved from one place to another. Any vehicle or receptacle used for the transportation of refuse shall be well painted on the outside and kept clean. No such receptacle shall be used for any other purpose.
(Code 1972, § 17-7; Ord. No. 2015-17, 10-21-15)
Sec. 24-38. - Disposal by incineration or grinding on premises where accumulated.#
(a)
This chapter shall not prohibit the disposal of combustible refuse and garbage in the home or commercial establishments by incineration, if no smoke or odors are produced that are classed as nuisances or hazards.
(b)
The grinding of food wastes into water carried pulp which is then transported to the household or commercial plumbing system and then into the municipal sanitary sewer system or private sewer is permissible.
(Code 1972, § 17-8; Ord. No. 2015-17, 10-21-15)
Sec. 24-39. - Disposal by individual resident.#
Nothing in this article shall be so construed as to prevent a resident from disposing of solid waste, recyclable materials, or other materials from their own household without a permit from the director; provided, however, that they shall remove, transport or dispose of such material only in conformance with this article and the rules and regulations enacted by the director.
(Ord. No. 2015-17, 10-21-15)
Secs. 24-40—24-75. - Reserved.#
ARTICLE III. - TRANSFER STATION#
Sec. 24-76. - Town exemptions.#
Town vehicles on town business are permitted access to the town transfer station to deposit any solid waste, recyclable materials, or any other materials and shall be exempt from paying a deposit fee.
(Code 1972, § 17-9.1(a); Ord. No. 2015-17, 10-21-15)
Sec. 24-77. - In-town materials only; special exception.#
(a)
No solid waste, recyclable materials or any other materials shall be collected curbside or deposited at the town transfer station unless such solid waste, recyclable materials or other materials originated within the jurisdiction of the town, except as provided in this section.
(b)
The director is hereby authorized to permit out-of-town materials notwithstanding this section; provided, however, that any waste disposal firm, partnership or corporation is limited to a maximum number of loads per week based on the total anticipated and projected loads which such waste disposal firm, partnership or corporation is expected to collect of in-town materials. The director shall determine the number of loads of in-town materials to be collected by any such firm, partnership or corporation by conducting a survey of all customers of the waste firm, partnership or corporation, and the director shall periodically review and update the survey. Each survey shall be reviewed after three months of the last survey, and such survey shall be submitted to the town administrator for his review. The waste disposal firm, partnership or corporation shall submit all necessary documentation and shall provide the director with any and all records reasonably necessary to conduct and verify such survey.
(c)
If the waste disposal firm, partnership or corporation does not cooperate with the director or provides inaccurate or false information to the director, then the director or the town administrator may order the waste disposal firm, partnership or corporation to comply with subsection (a) of this section, and only deposit in-town materials at the transfer station. The director or the town administrator shall notify the garbage disposal firm, partnership or corporation in writing of such decision and the reasons therefor.
(Code 1972, § 17-9.1(d); Ord. No. 2015-17, 10-21-15)
Secs. 24-78—24-115. - Reserved.#
ARTICLE IV. - MANDATORY RECYCLING#
Footnotes:
--- (2) --- Editor's note— Ord. No. 2015-17, adopted Oct. 21, 2015, amended Art. IV in its entirety to read as herein set out. Former Art. IV, §§ 24-116—24-122, pertained to leaf, lawn and yard waste, and derived from Code 1972, §§ 17-14—17-19; and Ord. No. 2001-35, 12-12-01. See also the Code Comparative Table.
Sec. 24-116. - Requirements.#
In accordance with RIGL tit. 23, chs. 18.8, 18.9 and 19, as established and consistent with the responsibilities of the RIRRC, RIDEM, and the provisions of this article, there is hereby established a program for the mandatory recycling of certain recyclable materials from municipal solid waste by the residents of the town. Mandatory recycling will be accomplished by the separation of solid waste and recyclable materials with curbside collection in accordance with rules and regulations promulgated by the director.
(Ord. No. 2015-17, 10-21-15)
Sec. 24-117. - "No bin, no barrel."#
Effective January 1, 2016, recyclable materials must be properly placed nearby solid waste at the curb. If recyclable materials are not put out along with solid waste, pick up of said solid waste may, in accordance with the rules and regulations promulgated by the director, be refused and left until the next regularly scheduled pick up.
(Ord. No. 2015-17, 10-21-15)
Sec. 24-118. - Licensed public events and festivals.#
Commencing on January 1, 2016, the town shall require the separation of recyclable materials as a condition of licensing or authorizing public events at which significant solid waste may be generated. The town shall dispose of the recyclable materials if separated in accordance with the terms of this article and the rules and regulations promulgated by the director.
(Ord. No. 2015-17, 10-21-15)
Sec. 24-119. - Reserved.#
Editor's note— Ord. No. 2017-08, adopted July 26, 2017, repealed § 24-119, which pertained to RIRRC commercial account and derived from Ord. No. 2015-17, adopted Oct. 21, 2015.
Sec. 24-120. - Reserved.#
Editor's note— Ord. No. 2018-03, adopted Feb. 28, 2018, repealed § 24-120, which pertained to sunset provision and derived from Ord. No. 2015-17, 10-21-15. Furthermore, Ord. No. 2018-03 provided for an effective date of Dec. 30, 2017.
Secs. 24-121—24-130. - Reserved.#
ARTICLE V. - PLASTIC BAGS#
Sec. 24-131. - Purpose.#
The purpose of this article is to improve the environment in Bristol and the health, safety, and welfare of its residents by reducing the number of plastic and paper bags being used and by encouraging the use of reusable carryout bags and banning the use of plastic bags for retail checkout of goods. Retail establishments are encouraged to make reusable carryout bags available for sale.
(Ord. No. 2018-02, 2-28-18; Ord. No. 2021-22, 12-1-21)
Sec. 24-132. - Definitions.#
As used in this article, the following terms shall have the meanings indicated:
Carryout bag means a bag used by the customer at the point of sale for the purpose of removing products purchased from retail establishment. "Carryout bag" does not include plastic barrier bags, double-opening plastic bags, or plastic bags measuring larger than 28 inches by 36 inches.
Double-opening plastic bag means any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.
Paper bag means a paper bag that is fully recyclable overall and contains a minimum of 40 percent post-consumer recycled content and contains no old growth fiber.
Plastic bag means a bag where any portion of the bag is made of plastic, including but not limited to those called "biodegradable, "compostable" or "oxo-biodegradable."
Plastic barrier bag means any thin plastic bag with a single opening used to: (1)
Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale;
(2)
Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;
(3)
Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or
(4)
Contain unwrapped prepared foods or bakery goods.
Recyclable plastic means plastic that meets the current Rhode Island Resource Recovery Corporation's standards.
Retail sales establishment means any enterprise whereby the sale or transfer to a customer of goods in exchange for payment occurring in retail stores, farmers' markets, flea markets, and restaurants. This does not include sales of goods at yard sales, tag sales, other sales by residents at their homes, and sales by nonprofit organizations.
Reusable carryout bag means a bag, with handles which are stitched and not heat-fused, that is specifically designed and manufactured for multiple reuse. The bag must be made of washable cloth, other durable woven or nonwoven fabric, or durable plastic film that is recyclable plastic with a minimum thickness of four mils.
(Ord. No. 2018-02, 2-28-18; Ord. No. 2021-22, 12-1-21)
Sec. 24-133. - Regulations.#
(a)
Other than reusable carryout bags as provided in this article, no retail sales establishment shall make available any plastic carryout bags (either complimentary or for a fee).
(b)
All retail establishments that provide plastic barrier bags and/or double opening bags must offer a recycling opportunity on site and must recycle any plastic collected in accordance with current laws.
(c)
Nothing in this section shall preclude persons engaged in retail sales from making reusable carryout bags or paper bags available for sale to customers.
(Ord. No. 2018-02, 2-28-18; Ord. No. 2021-22, 12-1-21)
Sec. 24-134. - Enforcement; violations and penalties.#
(a)
This article shall be implemented, administered and enforced by the town police department or any other town department or division designated by the town administrator.
(b)
Upon being made aware of a potential violation of this article, the town police department or other designee shall investigate and determine whether a violation has occurred.
(c)
If the investigation confirms that a violation has occurred, then the Bristol Town Police Department or other designee shall give written notice to the owner of the property, the owner's agent, or the person performing such violation that the violation is occurring and must stop.
(d)
Such notice shall be in writing and may be served upon a person to whom it is directed, either by delivering it personally to him or her or by posting same upon a conspicuous portion of the property and sending a copy of same by certified mail to the person to whom the notice is directed.
(e)
The owner, the owner's agent, or the person performing the violation is responsible for confirming, in writing, that the violation has ceased to the town police department or other designee within 14 days of receipt of the notice.
(f)
A second violation after the 14-day response period of the first violation and within one year of the receipt of the confirmation that the violation had ceased shall incur a penalty of $150.00.
(g)
A third violation within one year of the second and any subsequent violations shall incur a penalty of $300.00.
(h)
Each occurrence of a violation after the first, and each day that such violation continues, shall constitute a separate violation and may be cited as such.
(Ord. No. 2018-02, 2-28-18; Ord. No. 2021-22, 12-1-21)
Sec. 24-135. - Appeals.#
Any violation charged under this article may be appealed, in writing, to the town administrator within 14 days of receipt of a written notice of violation. The town administrator may waive the individual violation or the requirements of this article on showing of good cause or undue hardship.
(Ord. No. 2018-02, 2-28-18; Ord. No. 2021-22, 12-1-21)
Sec. 24-136. - Reserved.#
Editor's note— Ord. No. 2021-22, adopted Dec. 1, 2021, repealed § 24-136, which pertained to effective date and derived from Ord. No. 2018-02, adopted Feb. 28, 2018.