The text
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)