ARTICLE III. - SOLID WASTE DISPOSAL AND RECYCLING

Footnotes:

--- (3) --- Editor's note— Ord. of June 12, 1990, amended the Code by adding a new Art. III, §§ 9-40—9-64, which sections have been redesignated herein as Art. III, §§ 9-51—9-74, at the editor's discretion. Section 9-62 of said ordinance, which pertained to severability, has been omitted as similar provisions are set out in § 1-5 of this Code.

Sec. 9-51. - Definitions.#

As used in this article, the following terms shall be construed as follows:

Bulk item shall mean an item of solid waste larger than two (2) feet by two (2) feet by two (2) feet or heavier than seventy-five (75) pounds. Doors and enclosures related to such items must be removed.

Director shall mean the director of public works of the town.

Hazardous waste shall be any waste defined in the Rhode Island Hazardous Waste Management Act, section 23-19.1-4, of the General Laws, or in regulations adopted pursuant thereto and as they may be amended.

Household hazardous waste shall mean hazardous municipal waste generated by residents of the town.

Mixed recyclables shall mean recyclable materials which are required to be removed from the municipal solid waste at the source and placed in set-out approved containers for transport to the nearest materials recovery facility (MRF) for recycling.

Municipal solid waste shall be solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of the municipality has undertaken in the discharge of its duties to protect the health of the municipality. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.

Recyclable materials shall mean materials separated from municipal solid waste for reuse as specified by the Director of the Department of Environmental Management of the State of Rhode Island and including, but not limited to, plastic milk and beverage containers, newspapers, glass and metal and such other materials as may be listed by the director of public works and the town recycling coordinator and added to this article by amendment passed by the town council from time to time.

Resident shall not include any nonresidential uses of a structure by any business, church, and/or any person or entity not specifically exempted from this article.

Sludge shall mean any matter obtained from a cesspool or septic tank.

Solid waste shall mean 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 sludge, auto parts, nor hazardous waste as defined in the Hazardous Waste Management Act, Title 23, Chapter 19.1 of the General Laws.

Source separation shall mean 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 location designated by the municipality or its agents.

Transfer station shall mean a facility or facilities operated by or for the municipality whose purpose is the temporary storage and accumulation by permit only of the municipal solid waste generated by residents at their residences prior to its transport and disposal at a state landfill or resource recovery facility and for the temporary storage and accumulation of commercial waste generated by commercial enterprises from within the municipality to which the town has granted a permit for use of the transfer station. Said permits shall be limited to commercial enterprises within the town and shall require that commercial waste be separated into the categories required by the town limited to one-half ton vehicle and for which the town shall charge a fee to be established from time to time for each load to be deposited in the transfer station. All residential and commercial waste must be separated into recyclable and nonrecyclable material.

White goods shall mean 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.

(Ord. of 6-12-90; Ord. of 7-12-2005; Ord. of 4-14-2020)

Sec. 9-52. - 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 and the collection of segregated solid waste at the town's curbside, or at other specified locations. The collection of separate recyclables shall be made periodically under the supervision of the director of public works and the recycling coordinator.

(Ord. of 6-12-90)

Sec. 9-53. - Director.#

The director of public works at the direction of the town council shall have the responsibility and shall oversee implementation of this article. The director shall be responsible for providing support for the recycling coordinator to adequately perform his/her duties under state and local law.

(Ord. of 6-12-90)

Sec. 9-54. - Recycling coordinator.#

The town council shall appoint an individual, either part or fulltime, 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 a manner consistent with state and federal regulations. One of the prime duties of the recycling coordinator shall be to encourage public education regarding recycling through the media and through the schools.

(Ord. of 6-12-90)

Sec. 9-55. - Reserved.#

Editor's note— An ordinance adopted April 14, 2020 repealed § 9-55 which pertained to the chief of police and derived from an ordinance adopted June 12, 1990.

Sec. 9-56. - Curbside collection; mixed recyclables.#

The department of public works shall collect mixed recyclables biweekly from all dwellings consisting of four (4) or less dwelling units. Materials shall be placed at the curbside, or other locations as approved by the department of public works, in approved containers. The department of public works shall prominently publish the initial schedule of said collection and shall publish a new schedule or procedural guidelines thereafter whenever there is a change in either materials to be collected, collection procedures or schedules. Mixed recyclables, which shall be placed in the containers provided, shall consist of the following: (1)

Food and beverage containers made of glass.

(2)

Aluminum products.

(3)

Tin cans.

(4)

Plastic soda bottles and milk jugs.

(5)

Newspapers and other recyclable paper products, excluding shredded paper.

The mixed recyclables shall be pretreated prior to placing in the containers in the following manner: Glass, food and beverage containers shall be rinsed and lids removed. No broken glass shall be placed in the containers. Aluminum and tin cans shall be rinsed. Aluminum furniture shall have webbing removed, and glass shall be removed from aluminum windows. Plastic containers shall be rinsed and caps removed.

(Ord. of 6-12-90; Ord. of 7-12-2005; Ord. of 4-14-2020)

Sec. 9-57. - Other recyclables.#

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 6-12-90)

Sec. 9-58. - Bulk items.#

Bulk items shall be collected by the department of public works on Thursdays by appointment only. Said collection shall be prominently advertised.

Only items bearing a sticker issued upon payment shall be collected. The fee schedule for curbside pickup, by the department of public works, will be determined prior to each new fiscal year or when needed by recommendation from the DPW director and approved by the town council. Fee schedule will be made available upon its acceptance and posted on the town website and will also be made available at both the DPW and town clerk's offices. (1)

Tier 1 items, including, but not limited to, oversized items such as hot tubs, dismantled swing sets and items requiring freon removal.

(2)

Tier 2 items, including, but not limited to, metal household appliances (without freon), mattresses, couches, and entertainment centers.

(3)

Tier 3 items, including, but not limited to, televisions and other smaller household goods.

The fee schedule for disposal at the transfer station, will be determined prior to each new fiscal year or when needed by recommendation from the DPW director and approved by the town council. Fee schedule will be made available upon its acceptance and posted on the town website and will also be made available at both the DPW and town clerk's offices. (1)

Tier 1 items, including, but not limited to, oversized items such as hot tubs, dismantled swing sets and items requiring freon removal.

(2)

Tier 2 items, including, but not limited to, metal household appliances (without freon), mattresses, couches, and entertainment centers.

(3)

Tier 3 items, including, but not limited to, televisions and other smaller household goods.

A policy for collection of these fees will be determined by the director of public works and a schedule of fees shall be posted.

(Ord. of 6-12-90; Ord. of 6-14-2005; Ord. of 4-14-2020; Ord. of 6-13-2023(1))

Sec. 9-59. - Leaf, lawn and garden matter.#

(a)

Leaf, lawn and garden matter contained in paper bags will be picked up curbside on regular collection days weekly from April 1 until December 31. Christmas trees will be picked up curbside on regular collection days from January 1 through January 31.

(b)

Chipping program: Brush will be collected and chipped by the department of public works by appointment only with the following restrictions:

(1)

Piles must be placed curbside on the day of collection, or as instructed by the department of public works.

(2)

Piles must be no higher than three (3) feet and no wider than four (4) feet.

(3)

Brush larger than four (4) inches in circumference will not be accepted.

(4)

No logs or stumps will be accepted.

(5)

No piles generated by landscapers will be accepted.

(Ord. of 4-14-2020; Ord. of 01-09-2024(1))

Sec. 9-60. - Containers.#

All nonrecyclable materials must be contained in approved containers provided by the town.

(Ord. of 6-12-90; Ord. of 4-14-2020)

Sec. 9-61. - Recyclable materials.#

Recyclable materials shall be deposited at the curb in special approved recycling containers provided by the town to the residents. These containers initially shall be provided free of charge and thereafter for a fee specified by the director of public works. Materials shall be prepared for recycling according to directions.

(Ord. of 6-12-90; Ord. of 4-14-2020)

Sec. 9-62. - Multifamily housing units.#

The town will only provide municipal solid waste disposal service to structures containing less than five (5) residential units.

An owner of a multifamily dwelling containing five (5) or more units may petition the town council for municipal solid waste disposal service. The town council may approve the request contingent of payment of a fee deemed appropriate by the town council in consultation with the director of public works.

This fee will be promulgated by the director of public works no later than January 31 of each year and published in a newspaper of general circulation within the Town of Warren.

(Ord. of 6-12-90; Ord. of 7-12-2005)

Sec. 9-63. - 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 for which the town accepts responsibility for disposal. With said license the town shall require sufficient collection bags or boxes for expected recyclables and/or shall provide specially marked containers to be used for said recyclables at certain municipal facilities where such events normally occur.

(Ord. of 6-12-90)

Sec. 9-64. - Household hazardous waste.#

The director, in cooperation with the Department of Environmental Management and with other state and federal regulatory authorities, will implement a plan to encourage and effectuate the periodic collection of hazardous substances, recyclable or not, and prominently publish information on the procedures for safe and ecologically sound disposal of these substances. Certain substances, such as toxic chemicals, dead animals, demolition debris, excrement, surgical medical waste, explosives and other similar dangerous wastes that are liable to do injury to persons or property, are not acceptable for municipal collection, and such items shall be disposed of in accordance with the terms of General Laws 1956, as amended, Title 23, Chapter 19.

(Ord. of 6-12-90)

Sec. 9-65. - Commercial recycling (Reserved).#

Sec. 9-66. - Compliance.#

(a)

All residents, as herein defined, shall separate recyclables from the non-recyclable portion of their solid waste and prepare them for recycling according to directions published by the town. The town's trash haulers shall pick up two (2) different portions so that the recyclable materials are taken to proper drop sites for sale, processing or composting according to the requirements of specific materials and so that non-recyclable materials are disposed of properly.

(b)

The Town of Warren hereby reserves the right to deny collection of municipal solid waste from any resident, household or residence that shall not comply with the mandatory separation of recyclable materials from municipal solid waste and/or shall not set out for collection recycling containers with recyclable material contained therein.

(Ord. of 6-12-90; Amend. of 10-13-2009)

Sec. 9-67. - Collection by private parties and nonprofit groups.#

Residents may separate recyclables and place the same in containers at the street line for collection by private nonprofit organizations that have been duly licensed and whose collections are reported in a manner specified by the director to be in compliance with Department of Environmental Management reporting requirements.

(Ord. of 6-12-90)

Sec. 9-68. - Penalties for noncompliance.#

Violation of this article shall be punished by the following means:

Municipal solid waste: First offense: Violation and warning notice shall be posted at the dwelling by the department of public works or code enforcement officer. A copy of the warning notice shall be forwarded to the building department and be lodged in the records of the building department and department of public works. If the violation is not remedied within twenty-four (24) hours of written notice, the property owner shall be fined twenty-five dollars ($25.00) per day and the violation shall be referred to housing court for adjudication.

Second offense: If second offense occurs within one hundred eighty (180) days of the issuance of a violation and warning notice, the property owner shall be fined fifty dollars ($50.00) per day and the violation shall be referred to housing court for adjudication.

Third offense: A third offense within one hundred eighty (180) days of violation and warning notice, the property owner shall be fined one hundred dollars ($100.00) per day and the violation shall be referred to housing court for adjudication.

Fourth offense: A fourth offense (and subsequent offenses thereafter) within one hundred eighty (180) days of a violation and warning notice, the property owner shall be fined two hundred dollars ($200.00) per day and the violation shall be referred to housing court for adjudication.

All fines are in addition to any fees due and payable for the proper disposal of solid waste.

Recyclables: The director, upon determination that occupants of a single-family dwelling unit, or multifamily dwelling unit, are not participating in the recycling program, and a violation and warning notice has been issued, shall suspend disposal of municipal solid waste from the designated dwelling unit and contact the police department to report the violation via a copy of the violation and warning notice. Municipal solid waste service will not resume at the property until such time as the resident(s) begin participation in the recycling program.

Multifamily dwelling unit compliance and violations: In the case of multifamily dwelling units, it is the responsibility of the property owner to ensure compliance with the provision of this section, therefore letters of noncompliance will be sent to property owners and fines for any violation of the provisions of this section will be assessed against the property owner.

(Ord. of 6-12-90; Ord. of 7-12-2005; Ord. of 4-14-2020)

Sec. 9-69. - Obstructions, hazards or nuisances.#

No person having custody or control of residential, industrial or business premises from which garbage, rubbish or other refuse, including recyclables, is collected for disposal by the town shall permit or cause any solid waste including recyclables or solid waste or recycling containers within his or her control to become a hazard to public travel, health or safety or to become a nuisance of any sort.

(Ord. of 6-12-90; Ord. of 4-14-2020)

Sec. 9-70. - Collection.#

No person engaged in the business of separation, recovery, collection, removal, storage or disposition of garbage, rubbish or other refuse within the town shall pick up or procure any recyclable materials as defined in this article or a valid regulation except as specifically authorized by the director. The restriction shall include any independent citizen, resident, taxpayer or person who might engage in such practice for personal gain.

(Ord. of 6-12-90)

Sec. 9-71. - Volunteer collection of recyclable materials.#

The director 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 said collection does not defeat the purpose of cost effectiveness of the town's recycling program nor conflict with the town's local implementation program.

(Ord. of 6-12-90)

Sec. 9-72. - Recycling contracts.#

The director is empowered and directed to supervise, facilitate and contract with either the 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 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 6-12-90)

Sec. 9-73. - Regulations.#

The director of public works is hereby authorized and directed to prepare and publish, subject to council approval, regulations governing use of the town transfer station, including eligibility for use and the type of waste which will be accepted at that facility and what recycling facilities will be made available to residents of the town.

(Ord. of 6-12-90)

Sec. 9-74. - Repeal of conflicting provisions.#

Any and all provisions of the Code of Ordinances of the Town of Warren and specifically, Chapter 9, Articles I and II, which are inconsistent with Chapter 9, Article III, are hereby repealed. All other provisions of the Code of Ordinances and specifically Chapter 9, Articles I and II, which are not inconsistent with Chapter 9, Article III, remain in full force and effect.

(Ord. of 6-12-90)