The text
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)