The text
ARTICLE I. - IN GENERAL#
Secs. 12.5-1—12.5-25. - Reserved.#
ARTICLE II. - RECYCLING#
Sec. 12.5-26. - Mandatory recycling.#
A mandatory recycling program is hereby implemented in the town pursuant to chapters 23-18.8, 23-18.9 and 23-19 of the General Laws, regulations issued pursuant thereto by the state department of environmental management, the requirements of the state solid waste management corporation, and the Charter of the town.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 1)
Sec. 12.5-27. - Definitions.#
The following words, terms and phrases, when used in this article, shall be defined as follows:
Arrangements. The process by which the town plans for and carries out the separation, weighting, collection, hauling and disposal of solid waste generated within the town.
Local recycling program. A recycling program for municipal solid waste as set forth in a local recycling plan approved by the state pursuant to the municipal recycling regulations as amended.
Municipal solid waste. Solid waste generated by the residents of the town in the course of their daily living, the disposal of which the governing body of the town has undertaken in the discharge of its duties to protect the health of the town. Municipal solid waste does not include solid waste generated by residents of the town in the course of their employment or that generated by any manufacturing or commercial enterprise.
Recyclable materials. Material separated from municipal solid waste for reuse as specified by the director of DEM and listed in Section 4 of municipal recycling regulations and within section 12-87 of 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. Anyone residing in the town for any period of time who generates solid waste for which the town accepts responsibility for disposal.
Solid waste. Garbage, refuse or other discarded solid materials generated by residential sources but not including solids or dissolved material in domestic sewage or sewage sludge, nor hazardous waste as defined in the Hazardous Waste Management Act, Chapter 19.1 of the General Laws.
Source separation. The removal by the generator of recyclable materials including mixed recyclables from all other solid waste generated by the household, and conveyance of the recyclables to the curbside or other designated location by the municipality or its agents.
White goods. Major kitchen or laundry appliances, including, but not limited to, stoves, washers, refrigerators and dryers. Nothing in this definition shall waive compliance with the rules and regulations for generation, transportation, storage and disposal of hazardous waste.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 2)
Sec. 12.5-28. - Program established.#
There is hereby established a program for the mandatory separation of certain recyclable materials from municipal solid waste by the residents of the town and the collection of such recyclable materials at the resident's curbside, or such other locations as the town may direct from time to time. The collection of separated recyclables shall be made pursuant to a schedule to be approved by the director of public works.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 3)
Sec. 12.5-29. - Implementation.#
(a)
The director of public works, under the supervision of the town council, shall oversee the implementation of this article.
(b)
The director of public works is hereby authorized and directed to prepare and publish, subject to council approval, regulations for the implementation of this article.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 4)
Sec. 12.5-30. - Reporting requirement.#
The director of public works shall establish an accurate system to keep monthly records of weights of total municipal solid waste and of recyclables which are separated from the total municipal solid waste stream, which records shall be submitted to DEM as required.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 5)
Sec. 12.5-31. - Mandatory recycling requirements.#
(a)
Recyclable materials. Recyclable materials shall be deposited at the curb or beside the public highway which is adjacent or nearest to a resident's dwelling, as the case may be, in recycling containers. If there are more recyclables than can be accommodated in the container, these shall be placed in containers stacked close to such special recycling container to facilitate collection with recyclable materials. Recyclable materials shall be prepared for collection according to regulations established by the director of public works and published by the town.
(b)
Recycling containers. Containers for recyclable materials shall be provided by the town or the solid waste management corporation to the residents. Such containers shall be the property of the town. The town shall provide such containers to residents free of charge and thereafter for a fee specified by the town council for replacements.
(c)
Recycling by businesses or firms engaged in commerce. Commercial or business firms shall be subject to state and federal recycling regulations.
(d)
Compliance required. All residents in the town shall separate recyclables from the nonrecyclable portion of their solid waste and prepare such recyclables for recycling according to directions established by the director and published by the town.
(e)
Collection by private parties and nonprofit groups. Residents are allowed to give recyclables 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 of public works to be used in compliance with DEM reporting requirements.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 6)
Sec. 12.5-32. - Collection of mixed recyclables.#
The town shall provide a schedule for the collections of mixed recyclables from residents. Such materials shall be placed in designated containers at the curb, or at the side of the public highway which is adjacent or nearest to a resident's dwelling, as the case may be. For the purposes of this section, the recyclables to be collected are: (1)
Mixed recyclables. Aluminum and steel/tin cans; aluminum foil and scrap (e.g. pie plates); metal lids; empty aerosol and paint cans; scrap metal; scrap wood; glass bottles and jars; #1 PET plastic containers; #2 HDPE plastic bottles and jugs; paper milk cartons and juice boxes, clean scrap wood; and
(2)
Paper recyclables. Mail magazines and catalogs; writing paper; corrugated cardboard; paperboard (e.g. cereal boxes); newspaper; brown (kraft) paper bags; telephone directories and textiles.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 7)
Sec. 12.5-33. - White goods.#
The director of public works of the town shall provide by regulation for mandatory recycling of white goods.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 8)
Sec. 12.5-34. - Publication of collection schedule.#
The director of public works shall prominently publish the initial schedule for collection and shall publish a new schedule thereafter whenever there is a change in either materials to be collected, regulations, collections, collection procedures or schedules.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 9)
Sec. 12.5-35. - Solid waste hazard or nuisance prohibited.#
No person having custody or control of residential, industrial or business premises from which solid waste, including recyclables, is collected shall permit or cause any solid waste, including recyclables, within his or her control to become a hazard to public travel, to endanger the public health or safety or to become a nuisance of any kind.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 10)
Sec. 12.5-36. - Licensing of haulers.#
All persons engaged in the business of collection or hauling of solid waste in the town, including recyclables, shall be licensed in compliance with the state's rules and regulations pertaining thereto.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 11)
Sec. 12.5-37. - Handling of or tampering with recyclables, offenses.#
No recyclable materials which has been placed, deposited or otherwise offered for collection as provided herein, be it curbside or otherwise, shall be handles, taken, converted or otherwise disturbed by any person, except such persons licensed by the town as provided herein. Once recyclable materials have been deposited or otherwise offered for collection as provided herein, such recyclable materials become the property of the town. No person engaged in the business of separation, recovery, collection, removal, storage or disposition of solid waste shall pick up or produce any recyclable materials as defined under this article or a valid regulation within the town except as specifically authorized by the director of public works. This restriction shall also include any resident, taxpayer or other person who might engage in such practice.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 12)
Sec. 12.5-38. - Enforcement.#
It shall be the responsibility of the town police department to enforce the provisions of this article.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 13)
Sec. 12.5-39. - Volunteer collection of recyclable materials.#
The director of public works may issue permits to private parties or charitable organizations to collect recyclable materials on the condition that a report is filed by such party or organization detailing the amount of each material collected, in compliance with DEM reporting requirements and provided that the director of public works determines that such collection does not defeat the purpose of cost effectiveness of the town's recycling program nor conflict with the town's local implementation program.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 14)
Sec. 12.5-40. - Penalties for noncompliance or violations.#
Penalties for noncompliance or violations of the provisions of this article shall be punished by the following means: (1)
First offense: A written notification to the resident recorded.
(2)
Second offense: A written warning that subsequent violations can result in fines.
(3)
Third and subsequent offenses: Any person who violates any of the provisions of this article after receiving a written warning shall be subject to a fine of not more than one hundred dollars ($100.00).
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 15)
Sec. 12.5-41. - 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 quantities of solid waste will be generated for which the town accepts the responsibility for disposal. With such license the town shall require sufficient collection receptacles for expected recyclables and/or shall provide specially marked containers to be used for such recyclables at certain municipal facilities where such events normally occur.
Comment Text (parent not a footnote)(Ord. of 7-13-95, § 17)