ARTICLE III. - MANDATORY RECYCLING
Part of the Code of Ordinances of Narragansett, RI.
The text
Footnotes:
--- (2) --- State Law reference— Waste recycling, G.L. 1956, § 23-18.8-1 et seq.
Sec. 62-76. - Implementation.#
There is hereby established a program for the mandatory separation of certain recyclable materials from municipal solid waste by the residents of the town. All residential households within the town are required to recycle and comply with Rhode Island general law to meet or exceed town minimum recycling rates.
From time to time, the town shall publish rules and regulations that shall govern the implementation of this chapter.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-77. - Responsibilities of director.#
The director of public works, at the direction of the town manager, shall have the responsibility for the implementation of this article. The director shall be responsible for providing support to the recycling coordinator so as to enable him/her to adequately perform his/her duties under state law and this chapter.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-78. - Recycling coordinator.#
The town manager may appoint an individual, either full-time or part-time, to coordinate the town's recycling program commercial haulers, recycling facilities and the public. The recycling coordinator shall facilitate and encourage public education about recycling. These tasks shall be accomplished in a manner consistent with all federal, state and local regulations.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-79. - Enforcement by director of public works.#
It shall be the duty of the director of public works for the town to enforce the provisions of this article.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-80. - Private subscription collection; mixed recyclables.#
(a)
Residents in dwellings of four dwelling units or less on a single lot may elect to subscribe with a commercial hauler licensed by the Town of Narragansett to collect solid waste and recyclable materials. Licensed commercial haulers providing residential subscription service collection shall provide regularly scheduled recycling services for each and every residential customer. All residents that subscribe to residential subscription service collection must recycle all designated residential recyclable materials. Said materials shall be placed at the curbside or other locations approved by the resident's commercial hauler in designated containers.
(b)
Residents in dwellings greater than four dwellings on a single lot shall be subject to state recycling regulations.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 5, 1-5-2015; Ch. 1115, § 5, 10-2-2023)
Sec. 62-81. - Publishing collection schedules.#
The licensed commercial haulers that provide residential subscription service shall provide each customer with an initial schedule for collection and shall publish a new schedule thereafter whenever there is a change in either materials to be collected, collection procedures or schedules. Mandatory recycling services for each and every residential subscription customer shall be implemented in accordance with a schedule approved by the director of public works.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-82. - Recyclable materials.#
Recyclable materials shall be deposited at the curb or edge of roadway, or as otherwise designated by the licensed commercial haulers, in a manner that does not compromise public safety or the delivery of public services. If there are more recyclables than can be accommodated in the recycling container(s), these shall be placed in containers stacked close to such special recycling container to facilitate collection with recyclable materials.
Recyclable materials are defined by the Rhode Island Department of Environmental Management per G.L. § 23-18.8.8-2 and promulgated by Rhode Island Resource Recovery Center (RIRRC).
Recyclable materials shall be prepared as applicable for collection according to directions published by the RIRRC and Rose Hill Regional Transfer Station (RHRTS).
(Ch. 991, § 1, 12-16-2013)
Sec. 62-83. - Licensed public events and festivals.#
The town shall require the separation of recyclables as a condition of licensing or authorizing public events at which significant solid waste will be generated.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-84. - Commercial recycling.#
No person or entity that is not licensed for collection of residential recyclable materials may accept or collect residential recyclable materials.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 6, 1-5-2015)
Sec. 62-85. - Compliance required.#
(a)
Separation of recyclables from nonrecyclables. All occupants of residential properties, four units or less on a single parcel in the town shall separate recyclables from the nonrecyclable portion of their solid waste and prepare them for recycling according to the terms of this article and rules and regulations published by the town.
(b)
Collection by private parties and nonprofit groups. Residents are allowed to give recyclables, provided they do not qualify to be placed in residential recycling bins per RIRRC, to individuals and to private and nonprofit organizations that have been duly licensed and whose collections are reported in a manner specified by the director to be in compliance with RIRRC and/or RIDEM reporting requirements.
(c)
As a condition of any license issued to a commercial hauler under this chapter, said hauler shall agree without reservation to the following minimum terms and conditions:
(1)
Provide, maintain, and certify up-to-date residential and/or nonresidential customer lists to the town in a format (electronic and/or paper) stipulated by the town for the purpose of allocating municipal tipping rate(s). To the extent allowed by law, the town agrees to maintain the confidentiality of said lists.
(2)
All licensed commercial haulers shall collect recyclables from each and every residential customer verified on their customer list and shall ensure that:
a.
The quantity of recyclables collected from customers meets or exceeds minimum town recycling rates as established by the Rhode Island Resource Recovery Corporation or Rhode Island general law; and
b.
The recyclables collected from customers are free from contamination and comply with all state and federal laws and collection facility site rules, regulations and policies.
(3)
Provide and certify, under a schedule and in a format (electronic and/or paper) stipulated by the town, collection data necessary to verify recycling rates.
Other terms and conditions may be added to a specific license by the town as deemed necessary for the efficient and successful operation of the recycling program defined by this chapter or relevant state law.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 6, 1-5-2015; Ch. 1115, § 6, 10-2-2023)
Sec. 62-86. - Penalties for noncompliance.#
(a)
Any person or entity, including commercial haulers as defined herein, who violate any of the provisions of this chapter or the rules and regulations enacted pursuant thereto shall, upon conviction, be subject to the terms of section 1-14 of this Code.
It is the sole responsibility of property owners to ensure compliance with all town recycling requirements by property residents.
Violation of this article shall be punished by the following means: (1)
Commercial haulers.
a.
First offense by a commercial hauler: The director of public works shall issue a notice of violation (NOV), by certified mail to the offending commercial hauler. The NOV shall give the offending commercial hauler ten calendar days to submit a written compliance plan of sufficient detail to the director and 30 calendar days to comply with all town recycling requirements. Said NOV shall advise the offending commercial hauler that he/she is subject to fines for any subsequent violations. Subsequent NOV's will be issued by the town as necessary, with a compliance schedule noted therein.
b.
In the event that a commercial hauler receives a second NOV within a 12-month period or fails to remediate issues addressed in the first violation within 30 days as noted in subsection (1) above, said hauler shall be subject to an administrative fee up to $500.00 per offense and have his/her town-issued commercial hauler license suspended, pending a hearing before the town.
Upon conclusion of the hearing, the town reserves the right to re-instate the license (with or without conditions), continue the suspension to a date certain, or revoke the license, at its sole discretion. Grounds for license suspension or revocation include, but are not limited to, willful violation of the provisions of this chapter.
c.
No commercial hauler may collect solid waste and/or recyclable materials without a valid commercial hauler's license issued by the Town of Narragansett. Any hauler found to be operating in the town without a commercial hauler license shall be subject to a fine of up to $500.00 per day. Each day shall constitute a separate and distinct violation.
d.
Commercial haulers who do not submit license renewal applications within 30 days of due date shall be subject to an administrative fee of $250.00. Each additional 30 days, or fraction thereof, shall constitute a separate and distinct violation subject to an additional administrative fee up to $250.00 per violation.
e.
Liability. 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.
(2)
Residential users.
a.
For the first offense, the commercial hauler providing residential subscription service collection shall pick up the solid waste and recyclables and shall attach a notice to the recycling container advising the resident of the resident's duties under the law. The collector shall keep a record of the street addresses of those who have received a warning notice and shall report the addresses on a weekly basis to the director of public works.
b.
For the second offense, the director of public works shall send a written warning advising that subsequent violations can result in the imposition of fines.
c.
For the third offense, the director of public works shall send a written warning to resident and property owner, if different, advising that a subsequent violation shall result in the imposition of fines.
d.
For the fourth and any subsequent offense, the resident and/or property owner shall be subject to fines in accordance with section 1-14 of this Code.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 6, 1-5-2015)
Sec. 62-87. - Solid waste hazard or nuisance.#
No person having custody or control of residential, industrial or business premises from which solid waste, including recyclables, is collected for disposal by the town, shall permit or cause any solid waste, including recyclables, within his/her control to become a hazard to public travel, health or safety, or to become a nuisance of any sort.
(Ch. 991, § 1, 12-16-2013)
Cross reference— Nuisances, § 22-21 et seq.
Sec. 62-88. - Ownership of recyclables; offenses.#
Once recyclable materials have been deposited in the designated place, be it curbside or transfer station, such recyclable materials shall become the property of the licensed commercial hauler or the transfer station operator, respectively. As a condition of town licensure, commercial haulers providing private subscription services shall deliver all residential recyclables to the RHRTS or the RIRRC materials recycling facility (MRF). The RHRTS and the RIRRC MRF are the only facilities authorized for the disposal of commercial hauler collected residential recyclables. Licensed commercial haulers servicing less than 50 residential customers may deliver residential solid waste and recyclable materials to a transfer station other than RHRTS provided that all materials are delivered from said transfer station to RIRRC as required by G.L. ch. 23-18.9. Such haulers must provide written documentation including weight slips, on a weekly or monthly basis, to director as verification of compliance. No person engaged in the business of separation, recovery, collection, removal, storage or disposition of solid waste shall pick up or procure any recyclable materials as defined under this article or a valid regulation within the town except as specifically authorized by the director. The restriction of this section shall also include any resident, taxpayer or other person who might engage in such practice for personal gain. Any person violating the terms of this section shall be punished in accordance with section 1-14 of this Code.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-89. - Volunteer collection of recyclable materials.#
The director may issue hauler licenses to private parties or charitable organizations to collect residential recyclable materials that do not qualify to be placed in residential recycling bins per RIRRC, on the condition that a report is provided to the director by such party or organization detailing the amount of each material collected and filed, in compliance with RIRRC and/or RIDEM reporting requirements. Issuance of such license is conditional provided that the director determines that such collection does not defeat the purpose or cost effectiveness of the town's recycling program, nor conflict with the town's local implementation program.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 8, 1-5-2015)
Sec. 62-90. - Recycling contracts.#
The town manager is empowered to supervise, facilitate and, subject to town council approval, contract with state recycling facilities as mandated by the General Laws of the State of Rhode Island or with commercial firms for the receipt and processing of recyclable material in a manner consistent with the town's local implementation program that yields the best rate of recycling and the most cost effective result for the town.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-91. - Rules and procedures.#
The director of public works, subject to town manager and town council approval, is hereby authorized to prepare and publish regulations governing the implementation of the recycling program.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-92. - Rose Hill Regional Transfer Station residential users.#
All residential users of the RHRTS shall be required to recycle as a condition of use of that facility. Failure to recycle materials in accordance with this chapter and/or the rules and regulations promulgated thereto may result in the suspension of use of the RHRTS.
(Ch. 991, § 1, 12-16-2013)