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Footnotes:
--- (2) --- State Law reference— Waste recycling, G.L. 1956, § 23-18.8-1 et seq.
Sec. 30-106. - Definitions.#
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: Arrangements means the process by which the city plans for and carries out the separation, weighing, collection, hauling and disposal of solid waste generated within the city.
Hazardous waste means any waste as defined in G.L. 1956, § 23-19.1-4, or in regulations adopted pursuant thereto.
Household hazardous waste means hazardous municipal solid waste.
Local recycling program means a recycling program for municipal solid waste as set forth in a local recycling plan approved by the state pursuant to the municipal recycling regulations, as amended.
Mixed recyclables are defined by guidelines promulgated by the director of public works and/or Rhode Island Resource Recovery.
Municipal solid waste means solid waste generated by the residents of the city in the course of their daily living, the disposal of which the city council has undertaken in the discharge of its duties to protect the health of the municipality. The term "municipal solid waste" does not include solid waste generated by residents of the city in the course of their employment or that generated by any manufacturing or commercial enterprise.
Recyclable materials are all materials as established by Rhode Island Resource Recovery guidelines. 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.
Resident means anyone residing in the city for any period of time who generated solid waste for which the city accepts responsibility for disposal.
Solid waste means 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 sewage sludge, nor hazardous waste as defined in the hazardous waste management act, G.L. 1956, § 23-19.1-1 et seq.
Source separation means the removal by the generator of recyclable materials, including mixed recyclables from all other solid waste generated by the household along with the removal of solid waste from mixed recyclables generated by the household, and conveyance of the recyclables to the curbside or other designated location by the municipality or its agents.
White goods means 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.
(Code 1994, § 32-92; Ord. of 9-11-1989, § IB; Ord. of 3-18-1998(2); Ord. of 5-11-2015, § 1)
Sec. 30-107. - Implementation.#
A mandatory recycling program is hereby implemented in the city pursuant to G.L. 1956, ch. 23-18.8 (G.L. 1956, § 23-18.8-1 et seq.) and G.L. 1956, ch. 23-18.9 (G.L. 1956, § 23-18.9-1 et seq.), and the Rhode Island Resource Recovery guidelines, as amended, and state department of environmental management municipal recycling regulations, as amended.
(Code 1994, § 32-91; Ord. of 9-11-1989, § IA; Ord. of 5-11-2015, § 1)
Sec. 30-108. - Compliance required.#
All residents, taxpayers and others doing business in the city shall separate recyclables from the non-recyclable portion of their solid waste and prepare them for recycling according to directions published by the city. Rubbish and recycling shall be deposited in 65 or 95-gallon containers provided by the city and bearing the city seal and shall at all times have a secure cover and/or the lid closed.
(Code 1994, § 32-93; Ord. of 9-11-1989, § ID; Ord. of 5-11-2015, § 1)
Sec. 30-109. - Mandatory recycling requirements.#
(a)
Source separation for collection. In accordance with state law and/or department of environmental management regulations and/or Rhode Island Resource Recovery guidelines, mandatory recycling will be accomplished by source separation with curbside collection.
(1)
Curbside collection. The city shall provide for collection of mixed recyclables once per week from residents in dwellings serviced by the existing curbside collection contract. The collection of mixed recyclables shall be accomplished on the same day as the collection of non-recyclable materials. This day shall be designated by the director of public works.
(2)
Special recycling containers. Every property owner and/or tenant shall be provided with a 65 or 95-gallon container provided by the city and bearing the city seal wherein recyclables will be placed at curbside for collection as prescribed by the department of public works. Recyclable materials shall be prepared according to directions published by the director of public works and/or Rhode Island Resource Recovery guidelines.
(3)
Method of container distribution. Containers shall be distributed in accordance with department of public works regulations. The initial container will be provided to each property owner and/or tenant free of charge. If a container must be replaced, the property owner and/or tenant shall be charged the currently required replacement fee.
(4)
Materials requiring special disposal. Oil paint, computers and computer equipment and any other material requiring special disposal shall be disposed of pursuant to guidelines promulgated by the director of public works and/or Rhode Island Resource Recovery.
(b)
Notice of violation; penalties for noncompliance.
(1)
Any violation for failure to separate recyclable and non-recyclable materials in accordance with Rhode Island Resource Recovery guidelines or for leaving recyclables prepared in a manner inconsistent with department of public works regulations or Rhode Island Resource Recovery guidelines shall result in a notice of violation ticket in the amount of $250.00 per incident, with notice and an opportunity to be heard and appealed in the municipal court. The notice shall advise the resident of his or her duties by law. A copy of such notice shall be kept by the director of public works.
(2)
After the first notice of violation ticket has been issued, each additional notice of violation ticket within a one year period shall be in the amount of $500.00 and shall be accompanied with a summons to appear in municipal court for an opportunity to appeal and be heard.
(3)
The notice of violation ticket shall be in writing, signed by the enforcing officer and served by the enforcing officer, his or her designee, any sheriff, deputy sheriff, constable, police constable or the city sergeant or by leaving a copy of the order personally with or at the last and usual place of residence of the owner, or agent, if within the state or by affixing the notice of violation ticket to the recycling container in violation. If the premises is occupied, or the residence of the owner or agent is unknown or without the state, the notice may be served by posting a certified copy of the notice on the premises, and by mailing a copy of the notice to the property owner at the address noted with the office of the tax assessor. Other methods of service as set forth in the municipal court rules of procedure may also be utilized by the city.
(Code 1994, § 32-94; Ord. of 9-11-1989, § IC; Ord. of 2-8-1999; Ord. of 9-13-2004; Ord. of 5-11-2015, § 1)
Sec. 30-110. - Ownership of recyclables.#
(a)
Once municipal solid waste has been deposited at curbside for collection by the department of public works, such solid waste becomes the property of the city. No resident, taxpayer or other person engaged in the business of separation, recovery, collection, removal, storage or disposition of solid waste shall pick up or procure any recyclable materials within the city for personal gain except as specifically authorized by the director of public works.
(b)
The director of public works may issue permits to charitable organizations to collect recyclable materials on the condition that a report is filed by such organization detailing the weights of each material collected in compliance with state department of environmental management reporting requirements and provided that the director of public works determines that such collection does not conflict with the city's recycling implementation program.
(Code 1994, § 32-95; Ord. of 9-11-1989, § II)
Sec. 30-111. - Commercial recycling.#
Business firms shall be subject to state and federal recycling regulations.
(Code 1994, § 32-96; Ord. of 9-11-1989, § ID)