The text
Footnotes:
--- (1) --- Cross reference— Buildings and building regulations, ch. 14; environment, ch. 22; manufactured homes and trailers, ch. 26; natural resources, ch. 30; nonissuance and nonrenewal of licenses or permits to applicants or licensees in arrears in taxes, liens and assessments, § 42-1.
State Law reference— Recycling solid waste, G.L. 1956, § 23-18.8-1 et seq.; refuse disposal, G.L. 1956, § 23-18.9-1 et seq.; hazardous wastes, G.L. 1956, § 23-19.1-1 et seq.
ARTICLE I. - IN GENERAL#
Secs. 34-1—34-30. - Reserved.#
ARTICLE II. - COLLECTION AND DISPOSAL#
Footnotes:
--- (2) --- State Law reference— Refuse disposal, G.L. 1956, § 23-18.9-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 34-31. - Purpose of article.#
In order to comply with state and federal regulations, and to ensure that town citizens will continue to receive affordable and efficient waste disposal, it shall be the town council's intent to: (1)
Adopt rules and regulations for the operation of the transfer station;
(2)
Establish fair and equitable fees to cover the costs of waste disposal; and
(3)
Encourage the conservation of natural resources through recycling and public awareness programs.
(Ord. of 6-1-92, § I)
Sec. 34-32. - 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:
Bulky waste means large items of solid waste such as major household appliances, furniture, auto parts, flotage, etc.
Construction debris means waste building material and refuse resulting from construction, remodeling and repair of houses, commercial/industrial buildings, barns, garages, outbuildings and other structures.
Demolition debris means solid waste generated from the razing of buildings and other manmade structures.
Disposal means the final disposition of waste.
Hard to dispose of items means those items, as determined by the state department of environmental management or its successor, or transfer station personnel.
Hazardous waste means any waste as defined in the Rhode Island Hazardous Waste Act G.L. 1956, § 23-19.1-1 et seq., or in regulations adopted pursuant thereto, as amended.
Nonhazardous liquid and semiliquid waste means any discarded material that is liquid or semiliquid and which is not hazardous waste as defined in the Rhode Island Hazardous Waste Act G.L. 1956, § 23-19.1-1 et seq., or in regulations adopted pursuant thereto, as amended.
Resident is defined as a "legally domiciled resident" who is a person who is or is eligible to become a qualified elector in the town and who actually resides in the town.
Refuse. See Solid waste.
Solid waste means garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources, but does not include solids or dissolved material in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in the Rhode Island Hazardous Waste Act G.L. 1956, § 23-19.1-1 et seq., or in regulations adopted pursuant thereto, as amended. For purposes of this article, solid waste shall also include nonhazardous liquid, semiliquid and containerized gaseous wastes subject to any special conditions contained in this article.
Waste means discarded solid or semisolid or liquid material.
(Ord. of 6-1-92, § IX; Amd. of 8-1-22)
Cross reference— Definitions generally, § 1-2.
Sec. 34-33. - General regulations.#
(a)
It shall be unlawful to dispose of solid waste on any property, public or private, within the town, except in a manner and location approved by the town council. Until further notice, the approved location for the disposal of solid waste shall be the town transfer station located on Ten Rod Road. The disposal of all other wastes shall be in a manner and location approved by the town council and the applicable state agency.
(b)
It shall be unlawful for any person to transport solid waste on or over the state or town roads without having first obtained the appropriate permit and/or license.
(c)
No person shall operate a vehicle in which solid waste is being transported, across a public roadway of this town, unless such waste is covered and/or properly secured. Failure to properly cover/secure the vehicle load can result in the assessment of fines and/or other penalties as allowed by law.
(Ord. of 6-1-92, § II; Amd. of 8-4-14)
Sec. 34-34. - Penalty for violation of article.#
(a)
Any person in violation of this article may be subject to the punishment in section 1-15.
(b)
In addition to fines, any person violating any of the rules and regulations of this article may be excluded from use of the town's waste disposal facility. The commencement and duration of this penalty will be determined by the director of public works, after notice and hearing thereon.
(c)
Any permit issued pursuant to this article to a person found to have violated any of the rules, terms, and regulations of this article may be suspended by the director of public works after notice and hearing thereon.
(Ord. of 6-1-92, § VII; Amd. of 8-4-14; Amd. of 1-6-20)
Sec. 34-35. - Appeals.#
(a)
All decisions by transfer station personnel and the director of public works are binding. Any person aggrieved by such decision may appeal to the town council for a hearing, and shall be placed on the first available agenda of the regularly scheduled town council meeting.
(b)
Decisions of the town council may be appealed to superior court which shall hear the matter de novo.
(Ord. of 6-1-92, § VIII; Amd. of 1-6-20)
Secs. 34-36—34-55. - Reserved.#
DIVISION 2. - TRANSFER STATION#
Subdivision I. - In General#
Sec. 34-56. - Management and operation—Director of public works.#
Pursuant to article VIII, section 801 of the Town Charter entitled "department of public works", the director of public works shall be responsible for the administration, operation, management and maintenance of the transfer station in accordance with all applicable ordinances, resolutions, rules and regulations adopted by the town council.
(Ord. of 12-1-03, § 1; Amd. of 1-6-20)
Secs. 34-57—34-75. - Reserved.#
Subdivision II. - Permits#
Sec. 34-76. - Enumeration of types.#
(a)
Annual permit. An annual permit is issued to an individual to allow access to the transfer station for the purpose of disposing of household refuse which was generated at the individual's town residence. This permit is available to anyone who currently resides in the Town of Exeter (permanently or seasonally) or who currently rents or leases a residence in the Town of Exeter. Any person who owns a rental or leased residence in the Town of Exeter but who does not reside at such residence will not be entitled to a permit using that address. Satisfactory documentation as prima facie evidence of qualified town residency and current motor vehicle registration is required in order to obtain a permit.
(b)
Annual permit for senior citizen. Annual permits for senior citizens are available to any individual who meets the criteria in subsection (a) of this section and who has reached 65 years of age.
(c)
Single use permit. A single use permit may be issued to any individual who meets the criteria defined in subsection (a) of this section, or who is not a resident but who is performing contractual work at a resident's property. Such work generating waste must be that waste which can be disposed of at the transfer station. This permit limits the holder to a single entry to the transfer station, and is valid only for 30 days from the date of issuance.
(d)
Reserved.
(e)
Recycling permit. A recycling permit is available to any resident who otherwise will not utilize the transfer station, to gain entry for the sole purpose of disposing of recyclable materials.
(f)
Special needs permit. A special needs permit may be issued to residents with disabilities, as defined by federal law, to allow nonresidents or other persons to bring such resident's waste to the transfer station.
(Ord. of 6-1-92, § IV; Amd. of 8-4-14; Amd. of 1-6-20)
Sec. 34-77. - Numbering, date of issuance and registration number.#
Permits shall be numbered consecutively and shall indicate thereon the date of issue and registration number of the vehicle for which the permit has been issued.
(Ord. of 6-1-92, § IV(5); Amd. of 1-6-20)
Sec. 34-78. - Miscellaneous requirements.#
(a)
All permits shall be issued annually on or before October 1 and shall expire on the following September 30.
(b)
A permit is required for each vehicle utilizing transfer station privileges.
(c)
There shall be a maximum of two permits issued per household.
(d)
No vehicle shall be allowed to enter the transfer station without an appropriate permit properly affixed.
(Ord. of 6-1-92, § IV; Amd. of 8-4-14; Amd. of 1-6-20)
Secs. 34-79—34-100. - Reserved.#
Subdivision III. - Reserved#
Footnotes:
--- (3) --- Editor's note— An amendment adopted Aug. 4, 2014, deleted Subdiv. III, §§ 34-101—34-106, which pertained to private hauler's license and derived from an ordinance adopted June 1, 1992, § V.
Secs. 34-101—34-125. - Reserved.#
Subdivision IV. - Use Regulations#
Sec. 34-126. - Hours of operation.#
Hours of operation shall be on Wednesday, Saturday and Sunday from 7:30 a.m. to 3:30 p.m.
(Ord. of 6-1-92, § III.A.; Amd. of 3-3-03, § 1; Amd. of 1-6-20)
Sec. 34-127. - Prohibited items.#
The following items shall not be accepted at the town transfer station: (1)
Refuse from outside of the town.
(2)
Refuse brought to the transfer station in vehicles without the valid permit attached to the driver's side windshield, or a single use permit or other appropriate permit.
(3)
Ash, cinder, burned materials or smoldering loads.
(4)
Any hazardous solid, liquid, semiliquid or gaseous wastes.
(5)
Stumps, brush, paving materials, stones, bricks, cinder blocks, dirt or other earthen materials.
(6)
All building material: Wood, plaster board, paneling, etc., in excess of four feet in any one dimension.
(7)
Radioactive, biological, chemical, medical, infectious, explosive or other hazardous wastes, as defined in the Rhode Island Hazardous Waste Act, G.L. 1956, § 23-19.1-1 et seq., or in regulations adopted pursuant thereto.
(8)
Residential, commercial and industrial recyclable material, uncontaminated, which in the opinion of the transfer station personnel must be recycled in accordance with prevailing laws, rules, and regulations promulgated by the state.
(9)
Any single item in excess of four feet in any single direction, without the permission of the transfer station personnel.
(10)
Any substance or item which, in the opinion of the transfer station personnel, may cause damage to, or adversely affect the operation of the transfer station.
(11)
Household hazardous waste including, but not limited to, materials such as insecticides, pesticides, swimming pool chemicals and petroleum-based materials such as oil-based paints, and any other materials defined as hazardous in the Rhode Island Hazardous Waste Act, G.L. 1956, § 23-19.1-1 et seq., or in regulations adopted pursuant thereto, as amended. Household hazardous materials should be properly disposed of during state or locally sponsored programs such as the state department of environmental management "Household Hazardous Material Disposal Days," or equivalent method.
(12)
Refrigerators, air conditioners, and other appliances with Freon or other agents classified as refrigeration coolants.
(Ord. of 6-1-92, § III.B.; Amd. of 8-4-14; Amd. of 1-6-20)
Sec. 34-128. - Restricted items.#
The following items shall be accepted at the town transfer station, with limitations, and may be subject to a disposal fee established by the town council: (1)
Tires.
(2)
Bulky waste.
(3)
A maximum of five gallons of waste crankcase oil, per permit, per week, will be accepted from residents only. All waste oil must be deposited in the designated storage area or container. Private businesses (garages, dealerships, etc.), shall make their own provisions for storage and removal of waste crankcase oil.
(4)
Multicell batteries (automobile, marine, motorcycle, etc.) shall be accepted for deposit in an area designated by transfer station personnel.
(5)
Other hard to dispose of items including, but not limited to, engines and transmissions, (automobile, motorcycle, tractor, etc.), and other machine parts or implements, etc., which in the opinion of the transfer station personnel would require an additional handling fee.
(Ord. of 6-1-92, § III.C; Amd. of 1-6-20)
Sec. 34-129. - Reserved.#
Editor's note— An amendment adopted Aug. 4, 2014, deleted § 34-129, which pertained to special material processing and derived from an ordinance adopted June 1, 1992, § III.D.
Sec. 34-130. - Miscellaneous provisions.#
(a)
The burden of proof necessary to show compliance with any of the terms or conditions contained within this article rests solely with the applicant/user.
(b)
Nonresidents of the town shall at all times be prohibited from entering and utilizing the town waste disposal facility, except as provided for in sections 34-76(c)—(f) and 34-77.
(c)
Pets are not allowed out of any vehicle while the vehicle is on the transfer station property.
(d)
Children under the age of 16 must at all times be under complete supervision of an adult.
(e)
Loitering, picking through or the removal of items or materials from rubbish containers, scrap metal containers, or any other container or repository, is prohibited.
(f)
Household refuse must be transported and contained in plastic or heavy paper bags, or in containers which would permit quick traffic flow through the station and minimize inconvenience to other residents, as well as prevent blowing of paper, plastic or other windborne materials.
(g)
All materials must be deposited in the location designated and as directed by transfer station personnel. Depositing refuse or recyclable materials along the roadway or at other locations not designated or directed will be considered littering. Offenders shall be subject to penalties as described by section 34-34.
(h)
Abusive or confrontational language or behavior while at the transfer station will not be tolerated and shall be grounds for removal from the premises, exclusion therefrom, permit suspension per section 34-34 and/or other penalties allowed by town ordinance, regulation, and/or by state law.
(Ord. of 6-1-92, § III.E.; Amd. of 8-4-14; Amd. of 1-6-20)
Secs. 34-131—34-150. - Reserved.#
Subdivision V. - User Fees#
Sec. 34-151. - Imposition.#
All fees for use of the transfer station shall be set by resolution of the town council as may be deemed necessary from time to time by the town council.
(Ord. of 6-1-92, § VI; Ord. of 10-28-92, § VI; Ord. of 4-3-95(2), § VI.A., B; Amd. of 1-6-20)
Sec. 34-152. - Payment.#
All permit fees are to be paid at the town clerk's office during normal business hours prior to use of the transfer station. All other fees (including but not limited to, bulky waste, hard to dispose items, etc.), are to be paid prior to the use of the transfer station and can be paid to transfer station personnel at the transfer station.
(Ord. of 6-1-92, § VI; Ord. of 10-28-92, § VI; Ord. of 4-3-95(2), § VI.C.; Amd. of 8-4-14; Amd. of 1-6-20)
Sec. 34-153. - Permits.#
The fees for permits shall be as follows: (1)
Annual permit. The fee for annual permits shall be $190.00. A second permit (same household) shall be $90.00.
(2)
Annual permit; senior citizens (age 65 or older). The fee for annual permits issued to senior citizens shall be $90.00.
(3)
Single use permit: $50.00
(4)
Recycling only permit: No fee.
(5)
Special needs permit: $120.00
(6)
New residents (one year or less occupancy) sliding scale: The fee for annual permits shall be pro-rated accordingly for new residents to the town. Proof of new residency must be provided at the time of permit purchase and must include the purchaser's name and Exeter address as identified by the following documents:
•
Recorded deed or signed lease agreement;
•
Vehicle registrations from previous address and new address;
•
Utility bills (telephone, electric, cable).
The pro-rated fee schedule for new residents shall be applied according to the start date of residency and not at the date of permit purchase as follows:
a.
October 1—December 31 .....$190.00
b.
January 1—March 31 .....$170.00
c.
April 1—June 30 .....$130.00
d.
July 1—September 30 .....$110.00
(Ord. of 6-1-92, § VI; Ord. of 10-28-92, § VI; Ord. of 4-3-95(2), § VI.D.; Amd. of 5-5-03; Amd. of 4-4-05; Amd. of 8-15-05; Ord. of 8-7-06; Amd. of 9-4-07; Amd. of 8-4-14; Ord. of 7-5-16(1); Amd. of 1-6-20; Amd. of 8-1-22))
Sec. 34-154. - Bulky waste; restricted items; hard to dispose items.#
Until otherwise amended by resolution of the town council and/or upon any increase in coincident disposal fees charged to the town by any governing state agency or destination disposal facility, the fees for bulky waste, restricted items, and hard to dispose of items shall be as follows: (1)
Major house appliances; sofas .....$25.00
(2)
Chairs .....15.00
(3)
Televisions .....0.00
(4)
Tires: .....
Automobile .....5.00
Truck .....20.00
Size 800 and over .....30.00
Tractor, cut in quarters and charged at a rate per quarter of .....30.00
(5)
Multicell battery .....3.00
(6)
Other hard to dispose of items .....20.00
(7)
Computers .....0.00
(8)
Microwave ovens .....0.00
(9)
Toilets .....10.00
(10)
Sinks .....10.00
(11)
Bathroom fixtures .....10.00
(12)
Yard waste, per bag .....1.00
(13)
Mattresses recoverable .....0.00
(14)
Box springs recoverable .....0.00
(15)
Mattresses not recoverable .....50.00
(16)
Box springs not recoverable .....50.00
(Ord. of 6-1-92, § VI; Ord. of 10-28-92, § VI; Ord. of 4-3-95(2), § VI.E.; Ord. of 2-7-00(2); Ord. of 10-2-00(1); Ord. of 6-4-01; Ord. of 11-5-01(2); Amd. of 10-6-03(2); Amd. of 4-4-05; Ord. of 8-7-06; Amd. of 8-4-14; Ord. of 7-5-16(1); Amd. of 1-6-20; Amd. of 8-1-22)
Sec. 34-155. - Posting of amended fees.#
Should any fee be amended by duly adopted resolution of the town council as stated above, it shall be the duty of the town clerk to promptly post notice of said amendment at the transfer facility and at the Town Hall. The minutes of the meeting at which any such resolution has been adopted shall be posted as is required pursuant to the Open Meetings Act R.I.G.L. 42-46-7.
(Amd. of 1-6-20)
Sec. 34-156. - Additional tipping fees.#
Additional tipping fees shall be assessed for waste disposal, and of demolition debris, or construction debris disposal by all users at a rate as follows: (1)
Vehicles with a capacity of one-half to three-quarters of a ton .....$50.00
(2)
Vehicles with a capacity greater than three-quarter ton, up to one ton .....$70.00
(3)
Vehicles with a capacity greater than one ton .....$90.00
(4)
Trailer, 8 feet long .....$50.00
(5)
Trailer, 10 feet long .....$70.00
(6)
Trailer, 12 feet long .....$90.00
(7)
Trailer, over 14 feet long .....$110.00
(Ord. of 6-1-92, § VI; Ord. of 10-28-92, § VI; Ord. of 4-3-95(2), § VI; Amd. of 4-4-05; Ord. of 8-7-06; Amd. of 8-4-14; Amd. of 1-6-20)
Sec. 34-157. - Basis of rates.#
All rates are based on vehicle capacities as determined by transfer station personnel and are rounded up to the next whole ton and next trailer size.
(Ord. of 6-1-92, § VI; Ord. of 10-28-92, § VI; Ord. of 4-3-95(2), § VI; Amd. of 1-6-20)
Sec. 34-158. - Enforcement.#
(a)
Enforcing officer. It shall be the duty of the town sergeant to enforce this article.
(b)
Penalties for violations. Penalties for violations shall be issued as follows:
(1)
Residents violating section 34 [this division]:
a.
First offense: Written warning.
b.
Second offense: $100.00
c.
Subsequent offense: $200.00
d.
Loss of Transfer Station Permit.
(Amd. of 8-4-14; Amd. of 1-6-20; Amd. of 8-1-22)
Secs. 34-159—34-190. - Reserved.#
ARTICLE III. - RECYCLING#
Footnotes:
--- (4) --- State Law reference— Recycling solid waste, G.L. 1956, § 23-18.8-1 et seq.; hazardous wastes, G.L. 1956, § 23-19.1-1 et seq.
DIVISION 1. - GENERALLY#
Sec. 34-191. - Enforcement.#
(a)
Enforcing officer. It shall be the duty of the director of public works to issue written warnings and notices of suspension or revocation of transfer station permits and the duty of the town sergeant to collect overdue fees with respect to the provisions of this article.
(b)
Penalties for violations. Penalties for violations shall be as follows:
(1)
Residents violating section 34-213:
a.
First offense: Written warning.
b.
Second offense: $25.00.
c.
Subsequent offense: $50.00.
(2)
Haulers violating section 34-262:
a.
First offense: Written warning.
b.
Second offense: $200.00.
c.
Subsequent offense: Loss of license.
(Ord. of 6-7-93, § 7; Amd. of 1-6-20)
Sec. 34-192. - Business vehicles.#
Business or commercial vehicles are not to be used for the disposal of waste other than bagged household waste.
(Amd. of 1-6-20)
Secs. 34-193—34-210. - Reserved.#
DIVISION 2. - PROGRAM#
Sec. 34-211. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Mixed recyclables means those materials required to be removed from municipal solid waste at the source and delivered directly to the town recycling facility or placed in or on top of the setout container provided by the Solid Waste Management Corporation for collection by a privately contracted hauler.
Recyclable materials means those separated from municipal solid waste for processing for reuse as specified by the director of the state department of environmental management and listed in section 4 of the Municipal Recycling Regulations and within this article. 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 (including any business entity regardless of organizational form) residing in the town for any period of time who generates solid waste for which the town accepts disposal responsibility.
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 septage nor hazardous waste as defined in the state 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 and conveyance of the recyclable materials to the town recycling facility or to the curbside for collection by a private hauler.
(Ord. of 6-7-93, § 2)
Cross reference— Definitions generally, § 1-2.
Sec. 34-212. - Mandatory recycling.#
A mandatory recycling program is hereby implemented in the town pursuant to G.L. 1956, §§ 23-18.8-1 et seq., 23-18.9-1 et seq. and the state department of environmental management Municipal Recycling Regulations, as amended.
(Ord. of 6-7-93, § 1)
Sec. 34-213. - Residential recycling.#
(a)
All residents are required to separate recyclable materials from residential solid waste and to deliver those materials directly to the town recycling facility or to have them delivered to a town or state recycling facility by a private hauler. This division does not, however, bar any residents from giving recyclable materials to a nonprofit organization.
(b)
The following materials are required to be separated from residential solid waste and delivered to a town or state recycling facility:
(1)
Newspapers;
(2)
Aluminum;
(3)
Steel/tin cans;
(4)
Glass containers;
(5)
PET plastic soda bottles;
(6)
HDPE plastic dairy jugs;
(7)
Other materials determined by the state department of environmental management to be recyclable in its Municipal Recycling Regulations, section 4-1.
(c)
All separated materials are to be delivered to a town, state or state designated recycling facility in a processable condition, i.e., at a minimum, all glass, plastic, steel/tin and aluminum containers shall be empty and rinsed, aluminum foil shall be clean, webbing shall be removed from aluminum furniture, no noncontainer glass shall be mixed with the recyclables, newspapers shall be placed in a brown paper bag or tied in bundles with a string and any other requirements in the state department of environmental management's Municipal Recycling Regulations, which are on file in the town clerk's office.
(Ord. of 6-7-93, § 3)
Sec. 34-214. - Public events.#
The separation of recyclables from solid waste shall be a condition of licensing or authorization of any public event the conduct of which generates solid waste for which the town accepts disposal responsibility.
(Ord. of 6-7-93, § 5)
Secs. 34-215—34-235. - Reserved.#
DIVISION 3. - PRIVATE LICENSING#
Subdivision I. - In General#
Sec. 34-236. - Definitions.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Groundwater means water collected and stored in the saturated zone beneath the ground surface.
Pollution means the alteration of the chemical, physical, biological and/or radiological integrity of groundwater, surface water and/or air quality.
Polluting means the causing of pollution.
Recycling means the re-use through any means of recovered resources in manufacturing, agriculture, power production or other processes and/or uses.
Recycling facility means the re-use through any means of recovered resources in manufacturing, agriculture, power production or other processes and/or uses.
Solid waste means garbage, refuse, sludge as defined by the state department of environmental management and other discarded solid materials including demolition materials generated by residential, institutional, commercial, industrial and agricultural services, but does not include hazardous waste as defined in the state hazardous waste management act, G.L. 1956, § 23-19.1-1 et seq. For purposes of this division, solid waste shall also include asphalt, concrete, Portland concrete cement and tree stumps. Stump dumps incidental to a residential, commercial or industrial development, approved by the planning board, shall be exempted from the licensing requirements of this division but shall comply with subdivision and development regulations pertaining to the same.
Surface water means a body of water whose top surface is exposed to the atmosphere.
Wellhead protection area means the critical portion of a three-dimensional zone surrounding a public well or wellfield through which water will move toward and reach such well or wellfield as designated by the town and/or the director of the state department of environmental management.
(Ord. of 3-24-94, § I)
Cross reference— Definitions generally, § 1-2.
Sec. 34-237. - Enforcement of division.#
(a)
No person shall recycle solid waste in any manner on any property, public or private, within the town, except in a location designated and licensed for a recycling facility by the town council.
(b)
Suit shall be brought in the superior court in the name of the town to restrain any violation of, or compel compliance with, the provisions of this division or any condition of approval, or the terms of any approved operations plan.
(c)
The town will require strict compliance with the terms of this division and with any conditions of approval as set forth by the town council and with the terms of any approved operations plan. By application for license, the applicant consents to injunctive relief to the town's benefit until such time as the operator can certify and demonstrate, to the satisfaction of the town, the removal of violations and certify that future operations shall be conducted pursuant to the approved plan.
(Ord. of 3-23-94, §§ II, IX)
Secs. 34-238—34-260. - Reserved.#
Sec. 34-261. - Authorized recycling collectors.#
No person shall solicit the commercial collection of any recyclable material within the town for personal gain except as specifically authorized by the town. The town 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 the state department of environmental management reporting requirements and provided that the town determines that such collection does not conflict with the town's recycling program.
(Ord. of 6-7-93, § 6)
Sec. 34-262. - Requirements for licensed haulers.#
(a)
All qualified persons engaged in the business of collecting and hauling refuse and operating transfer stations for reuse generated within the boundaries of the town shall be licensed by the town, pursuant to G.L. 1956, § 23-18.9-1(b)(1).
(b)
Licensed haulers shall collect only that residential solid waste that is source separated by the resident into the recyclable and nonrecyclable components.
(c)
Licensed haulers shall keep recyclable materials separate from nonrecyclable resident solid waste.
(d)
Licensed haulers shall maintain any separated recyclable materials that are delivered to a state recycling facility in processable condition.
(e)
Licensed haulers shall keep residential recyclable materials separate from recyclables collected from commercial accounts.
(f)
Licensed haulers who deliver recyclables to a state recycling facility shall deliver to such facility only recyclables generated by the town.
(g)
Licensed haulers shall deliver all recyclables designated to go to a state recycling facility to such facility.
(Ord. of 6-7-93, § 4)
Secs. 34-263—34-285. - Reserved.#
Subdivision III. - Facilities#
Sec. 34-286. - Public hearing required; notice.#
The town council shall issue licenses and regulate activities for recycling facilities. All licenses issued under this division shall be subject to the requirements set forth in this subdivision. No such license shall be issued until a public hearing has been held by the town council. Notice of the public hearing shall be advertised for two consecutive weeks in a newspaper of general circulation in the town prior to the date of the hearing. The newspaper notice shall be published as a display advertisement and shall include the place, time and date of the hearing; the name of the applicant; a description of the license sought; the street address, plat, block and lot numbers of the property in question; and shall advise those interested where and when a copy of the license application may be examined or obtained. Notice of the hearing shall be sent to all property owners by certified mail, return receipt requested, within 1,000 feet of the boundary of the property upon which the recycling facility is proposed to be operated. Such notice to property owners must at a minimum contain all information required for the display advertisement and must be sent at least 14 days prior to the date of the hearing.
(Ord. of 3-24-94, § III)
Sec. 34-287. - License renewals.#
A license shall expire after one year. Licenses authorized by the town council may be renewed annually, if a renewal application is filed by the licensee. An application for license renewal shall be accompanied by the licensee's affidavit that the facility is operating according to plan and in accordance with any and all conditions of approval. In addition, any request for license renewal shall be accompanied by fees and license requirements including, but not limited to, new or revised performance guarantees as required by the town council.
(Ord. of 3-24-94, § IV)
Sec. 34-288. - License requirements.#
All applicants for a recycling facility license shall demonstrate compliance with the following requirements. The following shall be deemed to be preconditions to license approval and/or renewal. No license shall be issued unless the town council has expressly made an affirmative finding of compliance with regard to each and every requirement set forth as follows: (1)
The proposed site is located in a zoning district which permits the proposed facility either as a permitted use or by special exception.
(2)
If applicable, a license for the operation of a recycling facility has been issued by the director of the state department of environmental management.
(3)
The recycling facility shall be operated in a manner so as to not cause or be likely to cause pollution of the groundwaters, the surface waters or the air of the town.
(4)
The facility will be operated in a manner so as to be in compliance with any and all other municipal ordinances.
(5)
The applicant has sufficient financial resources so as to be able to complete the requirements of any closure and/or other restoration required under this division. The town council shall require the applicant to post with the town adequate security to guarantee the applicant's obligations pursuant to the closure plan for the site and/or for any restoration required. Such performance guarantee shall also include, but not be limited to, the cost to repair roadway damage incurred through the transportation of solid waste to and from the facility, the removal of solid waste, protection from soil erosion and sedimentation and the restoration of surface conditions. A town-appointed engineer shall prepare an estimate of a required performance guarantee based on the closure plan or restoration plan submitted by the applicant. Such plan must provide sufficient detail as to site change proposed and quantities of material anticipated. A town-appointed engineer shall also prepare a report based on recommendations from other town departments of anticipated impacts from the licensing of a recycling facility; such report will provide the documentation for the performance guarantee in addition to any requirements of the closure or restoration plans. No license under this division shall be issued unless and until the performance guarantee approved by the town council has been received by the town clerk.
(6)
The applicant has granted to the town a perpetual easement allowing the town the perpetual right to enter upon the land at reasonable times for the purposes of inspecting the solid waste management facility or for the purpose of conducting tests where the recycling facility is located.
(7)
No solid waste shall be stored, disposed of, temporarily or permanently, at or near a recycling facility unless otherwise licensed as a solid waste disposal facility by the town and the state. The applicant shall have prepared by a registered engineer experienced in the field of environmental engineering and approved by the town council a plan for monitoring wells for the site proposed. Such monitoring wells shall be installed by the applicant to verify the groundwater elevations and be used to ensure the protection of the groundwater on the site and outside the site boundaries, or surface water bodies, if any. Monitoring well plans will be reviewed by the town for consistency with the objectives of this division and any other town ordinances. The town council shall receive from each applicant a report recommending a monitoring program for the site proposed. Such monitoring program will identify, at a minimum: The locations to be tested; the frequency of the test; the types of tests to be conducted; and the persons to conduct the testing. Such persons identified to conduct the testing shall be subject to town council approval. In addition to these minimums, the monitoring program shall include quarterly split sample testing. Such split sample testing shall be conducted at certified labs which have been approved by the town council. The town council shall review the report and use the report for establishing any necessary conditions to the license approval. The cost of such monitoring shall be borne by the applicant or license holder.
(8)
All recycling facilities shall, in addition to all of the other requirements of this division, comply with all of the rules and regulations for solid waste management facilities, adopted and as amended by the state department of environmental management, division of air and hazardous materials.
(9)
The granting of a license shall include the right of the town to conduct onsite inspections, as well as review manifests and records without notice during operating hours.
(10)
The applicant certifies that no chemical processes intended to facilitate recycling activities will be used.
(11)
All recycling facilities shall conduct all activities within structures approved for such use; no outside storage, temporary or permanent, shall be permitted. Any and all costs incurred by the town for necessary notice and advertising shall be reimbursed by the applicant prior to the public hearing.
(Ord. of 3-23-94, § V)
Sec. 34-289. - Special conditions.#
The town council may establish special conditions for each license as part of licensing approval.
(Ord. of 3-23-94, § VI)
Sec. 34-290. - Submittal requirements for license.#
All applicants for a license under this division shall, at the time of the filing of the application, submit the following information for review and approval by the town council: (1)
A site plan which shall include:
a.
The entire premises owned and the limits of the areas for which a license is sought;
b.
Existing contours of the tract of land at two-foot contours;
c.
The limits of any proposed extraction activities; the maximum depth of excavation;
d.
The final contours of the tract of land upon completion of proposed activities;
e.
The location of all existing and proposed buildings and their intended use;
f.
The surrounding land use, zoning, structures and circulation patterns within one-half mile of the entire parcel;
g.
The location and direction of flow of all natural watercourses, brooks, streams, drainage swales, ponds, swamps, wetlands, flood hazard areas, groundwater recharge and wellhead districts; and groundwater reservoir districts;
h.
The location of proposed monitoring wells; and
i.
All other requirements for site plan review based on the type of use proposed and as described in town regulations and zoning ordinances.
(2)
An operating plan which shall include, but not be limited to, the specifications of:
a.
Hours of operations;
b.
Site security;
c.
Transportation routes;
d.
Street sweeping and repair schedules;
e.
Local and state manifest reporting program; and
f.
Types of equipment that will be used on site, accompanied by a description of operation processes for equipment.
(3)
Closure or restoration plan.
(4)
Groundwater monitoring plan.
(5)
Emergency or contingency plan for addressing potential fire hazards, hazardous waste or other unacceptable waste that may be delivered to the recycling facility.
(6)
Traffic impact analysis including, but not limited to, a report that identifies the number of trips generated per day; the proposed routes for traffic accessing the site; and the location of the site relative to state and local roads. Additionally, the report should identify expected impacts and any measures proposed for mitigating identified impacts.
(7)
Legal documents including easements, monitoring well program, insurance policies which ensure compliance with all license requirements and which indemnifies the town from any liability. Any general liability or environmental coverages shall include the town as a coinsured party.
(8)
Documentation that the applicant has the financial resources to complete the closure plan or restoration plan.
(9)
Fees for review of site plan and associated documents, review or traffic impact analysis, and preparation of impact analysis.
(10)
Names and mailing addresses of all property owners within 1,000 feet of the subject property.
(11)
Anticipated life of the facility and amount of material to be recycled on a daily basis.
(12)
Upon receipt of all submittal requirements, the town clerk shall forward the application for such license to the town planning board and conservation commission with a request for their review and recommendation for approval or disapproval and/or for setting special conditions on any approval.
(Ord. of 3-23-94, § VII)
Sec. 34-291. - Revocation of license.#
Sites shall be inspected on a regular basis by the town building inspector and town-appointed engineer. If operations are not proceeding in conformance with this division or with any condition of town council approval or with any approved operations plan, the town council may immediately suspend the license, and, after notice and hearing, shall revoke any license issued under the authority of this division for any violation of any of the provisions of this division.
(Ord. of 3-23-94, § VIII)