ARTICLE III. - SOLID WASTE TRANSFER AND RECYCLING CENTER
Part of the Code of Ordinances of Jamestown, RI.
The text
DIVISION 1. - GENERALLY#
Sec. 58-71. - Short title of article.#
This article shall be known as the "Solid Waste Management Ordinance."
(Code 1982, § 9-31; Code 2003, § 58-71)
Sec. 58-72. - Intent and purpose of article.#
Pursuant to G.L. 1956, § 23-18.9-1, the town has constructed a solid waste transfer and recycling station located on North Main Road in the town. The purpose of the station is to provide for the safe and sanitary disposal of refuse generated within the boundaries of the town, excluding refuse from sources owned or operated by the state or federal governments.
(Code 1982, § 9-32; Code 2003, § 58-72)
Sec. 58-73. - 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:
Commercial hauler means a private contractor engaged in the collection and transportation of solid waste for a fee.
Jamestown Transfer and Recycling Station (JTRS) means a facility located off North Main Road designated as the collection depository for residential solid waste generated within the geographic boundaries of the town.
Nonresidential solid waste means solid waste from agricultural, commercial, industrial or institutional activities.
Permit means a sticker or decal issued by the town clerk to residents of the town upon proper proof of residence authorizing the holder of the permit the use of the transfer and recycling station.
Residential solid waste means waste generated from residential activities.
Residential user means a person who delivers residential solid waste to the transfer and recycling station which is generated by, and at, his place of residence.
Solid waste means garbage, refuse, and other discarded solid material generated by residential, institutional, commercial, industrial, and agricultural sources, but does not include solids or dissolved materials in domestic sewage or sewage sludge, nor does it include hazardous waste as defined in G.L. 1956, § 23-19.1-4.
(Code 1982, § 9-33; Code 2003, § 58-73)
Sec. 58-74. - Enforcement of article; penalty.#
(a)
Any person who violates any of the provisions of this article or the regulations enacted pursuant thereto shall, upon conviction, be fined no more than $250.00 upon a first offense and be fined no more than $500.00 upon a second conviction.
(b)
Any person who violates any of the provisions of this article or the regulations enacted pursuant thereto shall become liable to the town for any expense, loss or damage occasioned by the town by reason of such violation.
(Code 1982, § 9-38; Code 2003, § 58-74; Ord. of 2-2-2009, § 1)
State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2.
Secs. 58-75—58-90. - Reserved.#
DIVISION 2. - REGULATIONS#
Sec. 58-91. - Scope of service; hours of operation.#
(a)
The transfer and recycling station shall accept only solid waste generated within the town by residential users displaying permits.
(b)
The transfer and recycling station shall be open to the public for those hours deemed necessary by the town.
(Code 1982, §§ 9-15, 9-34(a), (b); Code 2003, § 58-91)
Sec. 58-92. - Setting fires.#
No person shall set fire to any matter or material deposited on the premises.
(Code 1982, § 9-15; Code 2003, § 58-92)
Sec. 58-93. - Prohibited items.#
The following items are prohibited from the transfer and recycling station: (1)
All liquid and semiliquid wastes.
(2)
Boulders, dirt, gravel, sand, loam, fill or other earthen materials.
(3)
Tree stumps.
(4)
Human or animal remains.
(5)
Ash, cinder or hot loads.
(6)
Farm or other large equipment.
(7)
Pathological or biological waste.
(8)
Hazardous waste as now or hereafter determined by any governmental authority.
(9)
Chemicals or compounds of chemicals which are explosive, flammable, radioactive or toxic.
(10)
Motor vehicles or components of motor vehicles.
(11)
Any substance or item which may cause damage to or adversely affect the operation of the transfer and recycling station.
(Code 1982, § 9-34(c); Code 2003, § 58-93)
Sec. 58-94. - Restricted items.#
The following items shall be accepted at the transfer and recycling station, subject to the following restrictions: (1)
Hedge trimmings must be securely bundled and shall not exceed four feet in any one of its dimensions and be readily handled by one person.
(2)
Metal goods such as stoves, refrigerators, water heaters, washers and dryers must be deposited at a designated location at the transfer and recycling station and must have doors removed before acceptance.
(3)
Tires shall be limited to an occasional tire as would normally be disposed of by a household not engaged in the manufacture, sale or distribution of vehicle tires and/or tubes.
(4)
Bagged leaves and grass trimmings will be accepted at a designated area.
(Code 1982, § 9-34(d); Code 2003, § 58-94)
Sec. 58-95. - Special materials processing.#
Nothing within this article will prevent the acceptance of restricted materials which, in the opinion of the public works director, can be properly handled by the transfer and recycling station on a limited basis at a special tipping fee established by the town council.
(Code 1982, § 9-34(e); Code 2003, § 58-95)
Sec. 58-96. - Scavenging and loitering.#
No scavenging or loitering will be permitted at the transfer and recycling station compound.
(Code 1982, § 9-34(f); Code 2003, § 58-96)
Sec. 58-97. - Rules and regulations.#
The town council shall have the authority to adopt rules and regulations to ensure the proper and safe operation of the transfer and recycling station and the disposal of solid waste generated within the boundaries of the town.
(Code 1982, § 9-34(h); Code 2003, § 58-97)
Sec. 58-98. - Special fees and agreements.#
Special fees and agreements for the process of items or materials not regularly accepted at the transfer and recycling station may from time to time be established by the town council.
(Code 1982, § 9-37; Code 2003, § 58-98)
Secs. 58-99—58-115. - Reserved.#
DIVISION 3. - RESIDENCE PERMIT#
Sec. 58-116. - Required.#
All vehicles entering the transfer and recycling station compound shall possess a town residence permit.
(Code 1982, § 9-36; Code 2003, § 58-116)
Sec. 58-117. - Dumping in designated areas; sticker required.#
(a)
All persons using the premises selected by the town council as a solid waste transfer station shall dump and deposit all refuse matter in the place and in the manner as designated and established by the station operator.
(b)
No person shall dump or deposit any refuse outside the transfer station facility or in any area not designated by the station operator.
(c)
The town shall issue an annual residence sticker to any resident upon the payment of a fee, as established from time to time by resolution of the town council. Any person who shall dump or deposit any refuse at the transfer station without the required residence sticker shall be in violation of this division and shall be fined $100.00 for each violation.
(d)
The residence sticker shall permit the owner to use the town transfer station. As used in this section, the term "resident" means any person registered to vote in the town or owning, renting or leasing real estate in the town for a period of 30 consecutive days or more.
(Code 1982, § 9-14; Code 2003, § 58-117; Ord. of 3-24-1997, § 9-14)
State Law reference— Limitation on penalties generally, G.L. 1956, § 45-6-2.