ARTICLE III. - COLLECTION AND DISPOSAL, RECYCLING, AND LANDFILL REGULATIONS
Part of the Code of Ordinances of Tiverton, RI.
The text
DIVISION 1. - GENERALLY#
Sec. 66-50. - Adoption of regulations for "pay as you throw."#
The council may from time to time, adopt policies, rules and regulations in furtherance of the town's waste collection and recycling program, including a requirement that all non-recyclable waste placed for curbside collection or brought to the landfill must be contained within specialized bags or containers, and such bags or containers shall indicate that an appropriate fee (as set from time-to-time by the council) per bag or container has been paid. One hundred percent of said fee, less administrative expenses, shall go into restricted account of landfill closure fund. Upon the certification or notification by the Rhode Island Department of Environmental Management that the Tiverton landfill closure is complete, all residual and subsequent fees shall be deposited into a restricted trash hauling, recycling, tipping fee account, and any future costs associated with the monitoring of the closed landfill.
(Ord. of 1-25-10; Ord. of 3-13-23(1))
Secs. 66-51—66-53. - Reserved.#
Sec. 66-54. - Duty of owners and tenants to keep property free from waste.#
All owners or tenants of real estate in the town shall keep such real estate free from accumulation of any form of waste and litter that, because of its nature, condition or improper storage, may invite the breeding or collection of flies, mosquitoes or rodents, or that may in any other manner be detrimental to the public health.
(Ord. of 2-27-06)
Sec. 66-55. - Dumping on private and public property.#
No waste or discarded items shall be dumped or left upon any private property, upon any road or highway or property of the Town. Recyclable items may be brought to the Town's recycle center during normal hours of operation as determined by the Director of Public Works.
Collection containers/receptacles for the purpose of depositing donated discarded items shall be prohibited within the confines of the Town, with the exception of 1) within the Town's recycle center, 2) at thrift stores associated with places of religious worship and then only in containers/receptacles clearly marked for donations to that thrift store, and 3) in eyeglass donation boxes. Section 66-57 of this chapter strictly limits the time frame during which containers for disposable item pick up may be placed along roadsides in Tiverton (not prior to 12:00 noon on the day preceding collection).
(Ord. of 2-27-06; Ord. of 7-14-08; Ord. of 2-27-23(2))
Sec. 66-56. - Bulky waste, white goods and construction debris pickup.#
One bulky waste item (excluding white goods) per residential unit may be placed at curbside each week for collection with the regular trash.
White goods and metal items shall be collected by the department of public works at least once per month. A maximum of three items per household per month may be disposed by scheduling a collection with the department of public works. It shall be a violation of this chapter to place any item for collection which is not generated from the household point of collection. Items shall not be placed at curbside prior to noon on the day preceding the scheduled collection and the town shall not be responsible for collection of items placed at curbside later than 6:00 a.m. on the scheduled collection day.
One bag of construction debris (of a capacity not to exceed 30 gallons and 40 pounds when loaded) may be placed at curbside each week for collection with the regular trash.
The town council, after consultation with the director of public works, may institute a fee system for the collection and disposal of bulky waste and/or white goods.
(Ord. of 2-27-06)
Sec. 66-57. - Containers.#
All non-recyclable materials must be appropriately bagged and contained in individual plastic or metal containers with covers or secured plastic trash bags of sufficient strength to retain their contents, or appropriately bundled, each of a capacity not to exceed 30 gallons and 40 pounds when loaded. The above shall be deposited at the curbside for collection but not prior to noon on the day preceding the scheduled collection and the Town shall not be responsible for collection of items placed at curbside later than 6:00 a.m. on the scheduled collection day. It shall be the responsibility of each resident to secure their trash and to prevent solid waste from becoming litter. When a common collection area is designated, each user of the area shall be individually responsible to comply with the provisions of this section.
(Ord. of 2-27-06)
Sec. 66-58. - Separation of recyclables from trash by residents.#
All residents shall separate recyclables from the trash, yard waste, bulky waste and white goods and shall prepare the recyclables according to directions published by the town. Recycling containers shall be placed on and removed from the curbside of the roadway. All recycling materials shall be packaged in a manner to prevent the scattering of the materials and individual containers shall not exceed 40 pounds in weight. Recyclables shall not be placed in plastic bags for collection or disposal. Separation of recyclables from other materials disposed as part of the solid waste program shall be mandatory whether disposal is at curbside or at the landfill.
(Ord. of 2-27-06)
Sec. 66-59. - Collection and ownership of materials.#
No person engaged in the business of separation, recovery, collection, removal, storage, or disposition of trash, recyclables, yard waste, bulky waste, or white goods within the town shall pick up or procure any recyclable materials, except as specifically authorized in writing by the director of public works. This restriction shall include independent citizen, resident, taxpayer, or person who might engage in such practices for personal gain. Any materials left curbside for collection by the town or its contractors as part of the solid waste program shall become property of the town. It shall be a violation of this chapter for any person other than the property owner, authorized employees or agents on behalf of the town acting in the course of employment, or a properly licensed solid waste hauling company acting under contract, to collect or pick-up or cause to be collected or picked-up any solid waste program material within the town.
(Ord. of 2-27-06)
Sec. 66-60. - Commercial, industrial, and multifamily properties.#
Commercial and industrial properties shall be responsible for the collection and disposal of all materials included in the solid waste program, which are generated at their respective locations. Commercial and industrial solid waste is prohibited from the town curbside collection program and from disposal at the landfill.
The town shall provide curbside collection services to any multifamily housing units that comply with section 66-57, regarding containers and where the curbside or common collection area is accessible as determined by the director of public works. Individual residents of multifamily housing units shall be eligible to use the landfill as described in section 66-81(a).
Solid waste that is collected from any residential unit or any multifamily housing units by commercial vehicles shall be prohibited from disposal at the landfill. Solid waste that is collected by the town contracted company as part of the town's solid waste program shall be exempted from the commercial solid waste disposal prohibition at the landfill.
Mixed use properties shall be classified residential or commercial or industrial by the primary use of the building on the first floor.
Solid waste that is generated from home offices shall be considered minimal in nature and shall be considered as residential solid waste for the purposes of the solid waste program.
(Ord. of 2-27-06)
Sec. 66-61. - Obstructions, hazards, or nuisances.#
No person having custody or control of residential, industrial or commercial premises from which solid waste is collected shall permit or cause any solid waste within his control to become a hazard to public travel, health or safety or to become a nuisance of any sort.
(Ord. of 2-27-06)
Sec. 66-62. - Street side pickup of brush, grass clippings and leaves.#
Yard waste materials shall be packaged in a manner to prevent the scattering of the materials; an individual container/bag shall not exceed 40 pounds in weight; yard waste materials may be disposed with the trash. Brush not exceeding three inches in diameter and four feet in length may be disposed as yard waste with the trash. Brush must be tied securely in bundles not exceeding 40 pounds per bundle for pickup at curbside. Christmas trees may be disposed as a whole only during an annual scheduled pickup.
The town council, after consultation with the director of public works, may institute a yard waste collection and disposal program. Said program may include mandatory separation of yard waste from trash.
(Ord. of 2-27-06)
Sec. 66-63. - Household hazardous waste.#
The town may, on an annual basis or from time to time, coordinate with Rhode Island Resource Recovery Corporation (RIRRC) in conducting an "eco depot." Fees may be charged for certain items collected at the "eco depot."
(Ord. of 2-27-06)
Sec. 66-64. - Vehicles leaking, dropping, etc., loads.#
No person shall drive or move a vehicle on any way, street or highway within the town nor shall the owner or bailee of any vehicle require or permit the same to be moved or driven on any such way, street or highway unless such vehicle is constructed or loaded so as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom and unless its load is fully and adequately covered in such a manner as to prevent the escape of any such load from the vehicle.
(Ord. of 2-27-06)
Secs. 66-65—66-75. - Reserved.#
DIVISION 2. - LANDFILL REGULATIONS#
Sec. 66-76. - Landfill; designation and management.#
The council may designate an area in town as a town landfill. These sites shall be managed by the director of public works or his agent.
(Ord. of 2-27-06)
Sec. 66-77. - Transportation expenses; separation of waste; disposal.#
(a)
All residential solid waste that is transported to the town landfill, shall have recyclables removed either by the town-contracted solid waste collector at town expense, or at the expense of the owner and/or his contracted agents.
(b)
All recyclable materials shall be separated from the solid waste in accordance with the provisions of division 3 of this article. Collection and disposal shall also be in accordance with division 3 of this article.
(c)
Solid waste brought to the land fill by residents shall be separated and deposited in the appropriate areas as directed by the landfill personnel. Yard waste, white goods, and other allowable metal items shall be separated from the trash and bulky waste and deposited in the designated areas.
(Ord. of 2-27-06)
Sec. 66-78. - Burning waste; depositing hot ashes.#
Hot ashes or burning waste shall not be set out for collection or deposited in the landfill.
(Ord. of 2-27-06)
Cross reference— Open burning, § 42-31 et seq.
Sec. 66-79. - Depositing of automobile bodies; refrigerators, freezers and other large appliances with latched doors; other items.#
(a)
Auto hulks, engine blocks, transmission cases, heavy machinery, skimobiles motorcycles, tractors, boats, campers and similar large items shall not be deposited at the landfill. Refrigerators, freezers or other large appliances with latched doors that could trap an individual inside shall not be deposited unless the doors are removed.
(b)
Gasoline, fuel and other tanks that have been used for the storage of explosive or combustible material shall not be deposited at the landfill unless drained of their contents and cut into at least two separate sections. Propane tanks shall not be deposited at the landfill.
(c)
Rocks larger then 12 inches in diameter, tree limbs of greater than four feet in length and stumps of trees shall not be deposited at the landfill without the written consent of the director of public works or his agent.
(d)
Vehicle batteries containing liquid acid will be deposited separately at a designated area, and the number accepted shall be subject to the discretion of the landfill supervisor.
(e)
The number and size of vehicle tires accepted will be at the discretion of the landfill supervisor, but no more than four tires per year will be accepted from any individual.
(f)
Bulky waste shall be deposited with the trash.
(g)
Trash shall be deposited in the designated area only.
(h)
No liquid or hazardous waste shall be deposited at the landfill.
(i)
No construction demolition material may be deposited at the landfill except for the small amounts that may be contained in the residential trash as collected by the town's contractor.
(Ord. of 2-27-06)
Cross reference— Junked, abandoned and inoperable vehicles, § 38-26 et seq.; traffic and vehicles, ch. 78.
Sec. 66-80. - Covering of waste during transportation required.#
All waste while being transported to the landfill shall be covered or contained so as to prevent it from being blown or dropped from the vehicle in which it is transported.
(Ord. of 2-27-06)
Sec. 66-81. - Fee schedule; landfill stickers.#
(a)
Residents of the town shall be eligible to receive one type 1 colored sticker for nonbusiness vehicles. The stickers will be issued and payments, as authorized by the town council, will be collected by the director of public works or his designated agents. This sticker will be affixed to the front lower corner of the driver's side windows. Residents, upon receiving a type 1 colored sticker for a nonbusiness vehicle, shall be eligible to use the town landfill for disposal of residential solid waste. Owners of property who transport residential solid waste from that property to the landfill will not be charged a fee, notwithstanding the type of vehicle used for the transport.
(b)
All commercial vehicles used for business purposes within the town shall be prohibited from using the landfill. Solid waste that is collected by the town contracted company as part of the town's solid waste program shall be exempted from the commercial solid waste disposal prohibition at the landfill.
(c)
No vehicle will be allowed to dump anything at the town landfill without a landfill sticker or permit.
(d)
No more than four tires annually may be deposited by any individual at the landfill.
(e)
The town council, after consultation with the director of public works, may institute a fee system for disposal of any and all items at the landfill. The town council, by resolution, shall be empowered to waive the fees in the event of the hurricane, tornado, storm, or other natural disaster.
(Ord. of 2-27-06)
Sec. 66-82. - Defacing, destruction or removal of signs.#
No person shall deface, destroy or remove any signs posted at the landfill.
(Ord. of 2-27-06)
Sec. 66-83. - Removal of waste.#
No person shall remove any waste deposited at the landfill without permission from the director of public works or landfill supervisor.
(Ord. of 2-27-06)
Sec. 66-84. - Waste to be generated from within town.#
Solid waste deposited in the town landfill must be generated within the town. Any person who deposits waste materials generated outside the town limits shall be denied permission to use the town landfill for a period not to exceed three years and shall be subject to the penalties for violation of this article.
(Ord. of 2-27-06)
Sec. 66-85. - Hours; rules and regulations.#
The town council shall designate the hours during which the town landfill shall be open and shall make such other rules and regulations as it may from time to time deem necessary for the proper management and control of the landfill. No person shall deposit any material at the town landfill in violation of such rules and regulations. Commercial and industrial solid waste shall be prohibited from the landfill.
(Ord. of 2-27-06)
Secs. 66-86—66-100. - Reserved.#
DIVISION 3. - RECYCLING#
Sec. 66-101. - Adoption of rules and regulations.#
The council may, from time to time, adopt policies, rules and regulations in furtherance of the town recycling program and may adopt such policies and procedures as required by Rhode Island Resource Recovery Corporation (RIRRC) in order to comply with the RIRRC regulations for the reduction and recycling of residential solid waste.
(Ord. of 2-27-06)
Sec. 66-102. - Recycling coordinator.#
The town council shall appoint an individual, either part-time or full-time, to provide recycling education for residents and school children and to coordinate the recycling program with the department of public works, private trash haulers and recycling centers in the manner consistent with state and federal regulation. The recycling coordinator will report to the director of public works.
(Ord. of 2-27-06; Ord. No. 2025-0014, 10-14-25)
Editor's note— Ord. No. Ord. No. 2025-0014, amended the title of § 66-102 to read as herein set out. The former § 66-102 was entitled "Recycling coordinator/recycling committee."
Sec. 66-103. - Curbside collection; mixed recyclable.#
(a)
The town shall schedule collection of recyclables. Materials shall be placed at the curbside, or other locations approved by the department of public works and/or the recycling coordinator. The department of public works shall prominently publish the initial schedule of collection and shall publish revised schedules or procedural guidelines whenever there is a change in either materials to be collected, collection procedures or schedules.
Mixed recyclables of bottles, cans, plastics, and mixed papers shall be placed in one or more recycling bins for curbside collection. Acceptable recyclable materials shall be listed in the directions issued by the director of public works and/or the recycling coordinator. The town reserves the right to deny collection of municipal solid waste from any household that shall not comply with recycling regulations and/or shall not set out for collection a recyclable container with required recyclable materials therein.
(b)
Recyclables shall be prepared in accordance with directions issued by the director of public works and/or the recycling coordinator. Recyclables shall be placed at curbside no earlier than noon on the day preceding the scheduled collection day and the town shall not be responsible for collection of items placed at curbside later than 6:00 a.m. on the scheduled collection day. It shall be the responsibility of each resident to secure their recyclables and to prevent solid waste from becoming litter. When a common collection area is designated, each user of the area shall be individually responsible to comply with the provisions of this section.
(c)
The list of recyclable materials may be changed from time to time, depending upon new technologies, economic conditions, waste stream characteristics, environmental effects, the requirements of RIRRC, or other factors.
(Ord. of 2-27-06; Ord. of 8-24-09; Ord. of 6-19-12)
Sec. 66-104. - Other recyclables; separate schedule.#
The department of public works shall set up and prominently publish its schedule for the collection of other recyclable materials that are not picked up under weekly curbside collection
(Ord. of 2-27-06)
Sec. 66-105. - Recycling containers; replacement.#
Recyclable materials shall be deposited at the curb in special recycling containers provided by the town to the residents. These containers shall initially be provided free of charge. A fee specified by the director of public works may be charged for replacement containers. If there is an overflow, recyclables shall be placed in containers stacked close to the special recycling container clearly indicating its similar nature, and to distinguish it from non recyclable materials. Materials shall be prepared for recycling according to directions issued by the director of public works and/or the recycling coordinator. Recyclables shall be placed at curbside no earlier than noon on the day preceding the scheduled collection day and the town shall not be responsible for collection of items placed at curbside later than 6:00 a.m. on the scheduled collection day. It shall be the responsibility of each resident to secure their trash and to prevent solid waste from becoming litter. When a common collection area is designated, each user of the area shall be individually responsible to comply with the provisions of this section.
(Ord. of 2-27-06)
Sec. 66-106. - Multifamily housing units.#
The town shall provide curbside collection to any multifamily housing units that comply with section 66-105 regarding containers and where curbside or common collection area is accessible as determined by the director of public works.
(Ord. of 2-27-06)
Sec. 66-107. - Licensed public events and festivals.#
The town council shall require the separation of recyclables as a condition of licensing or authorizing public events at which solid waste will be generated. With such license the town council shall require the licensee to provide sufficient appropriately marked containers to be used for trash and recyclables. The licensee shall be responsible for the proper disposal of all trash and recyclables generated at the event.
(Ord. of 2-27-06)
Sec. 66-108. - Collection by private parties and nonprofit groups; permits.#
(a)
Residents may separate recyclables and place them in the same containers at the street line for collection by private nonprofit organizations that have been duly authorized by the town council.
(b)
The town council may issue permits to private parties or charitable organizations to collect recyclable materials on the condition that a report is filed by the party or organization detailing the amount of materials collected so that the director may comply with the reporting requirements, and 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.
(Ord. of 2-27-06)
Sec. 66-109. - Contracts.#
The town council is empowered and directed to supervise, facilitate, and contract with either the Rhode Island Resource Recovery Corporation as mandated by the general laws of the state or with commercial firms for the receipt and processing of recyclable materials in a manner consistent with the town's local implementation program that yields the best rate of recycling and the most cost effective result to the town.
(Ord. of 2-27-06)