ARTICLE VI. - COLLECTION AND DISPOSAL OF RUBBISH
Part of the Code of Ordinances of West Warwick, RI.
The text
Sec. 8-177. - Definitions and descriptions.#
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:
Bags means plastic weatherproof sacks designed to store garbage and rubbish with sufficient overall strength to maintain physical integrity when lifted by the top. Total weight of a bag and its contents shall not exceed 30 pounds.
Bulky waste includes, but is not limited to, the following items: chairs, couches, sofas, rugs, dressers, tables, bureaus, desks, bookcases, and cabinets. Steel and/or metal may be brought to the department of public works (DPW) for recycling.
Construction/demolition debris means wood, miscellaneous metal, asphalt shingles, concrete, brick, insulation (except asbestos), windows and doors, and other miscellaneous building materials. Demolition waste shall not include machinery and parts or any toxic or hazardous waste.
Container/bin means a receptacle, tightly covered, watertight, and constructed of plastic. Residents receiving trash pickup are required to use town-supplied collection containers.
Contaminated load means any truck load that is rejected by the Rhode Island Resource Recovery Corporation (RIRRC) for containing materials that are not accepted at the facility.
Hazardous waste means waste in any amount which is defined, characterized, or designated as hazardous by the United States Environmental Protection Agency (EPA) or the Rhode Island Department of Environmental Management (RIDEM) or pursuant to federal or state law, or waste in any amount which is regulated under federal or state law. For purposes of these rules and regulations, the term "hazardous waste" also includes motor oil, gasoline, nonlatex paint, pesticides and pesticide containers, cathode-ray tubes (CRT used mostly in televisions and computer display screens), and sewerage wastes.
Household refuse means all solid waste materials not otherwise herein defined.
Paper leaf bags means a biodegradable paper sack of up to 30 gallons' capacity and meeting specifications set by the DPW.
Recyclable material means material specified by the RIRRC in accordance with regulations. Such material may include, but is not limited to, aluminum products, clean glass containers, plastic containers, newspapers, and magazines.
Recycling containers/bins means receptacles designed for the purpose of curbside collection of materials. Residents receiving recycling pickup are required to use town-supplied collection containers.
Residential garbage means vegetable matter, household food waste and recyclable wastes from residential kitchens. Vegetable matter or household food wastes shall be drained and wrapped tightly in paper bags, plastic bags, and/or other bags, and placed in containers.
White goods means appliances employing electricity, oil, or natural gas or liquefied petroleum to preserve or cook food, to wash or dry clothing, cooking or kitchen utensils or related items, or to cool or heat air or water. These include refrigerators, freezers, dish washers, clothes dryers, gas or electric ovens and ranges, and hot water heaters.
Yard waste means all tree trimmings (less than 1½ inches in diameter), grass cuttings, weeds, leaves, wood chips and yard shavings, and other wastes associated with residential yard maintenance that is compostable.
(Code 1970, § 8-104; Ord. No. 2009-5, 7-7-2009; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016)
Sec. 8-178. - Curbside pickup.#
Curbside pickup refers to trash containers/bins or recycling containers/bins, bulky waste, household refuse, residential garbage and recyclable materials, white goods, paper leaf bags and yard waste placed at the curb. Such items shall hereinafter be referred to as "rubbish." In areas where there are no curbs, curb pickup shall refer to items placed no further than five feet away from the edge of the roadway.
(Code 1970, § 8-104.1; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016)
Sec. 8-179. - Rules and regulations.#
(a)
General provisions.
(1)
Collection of all rubbish will be made from each occupied single-family residential dwelling unit and from residential apartments, condominiums or other types of legal ownership of not more than four occupied single-family dwelling units. No rubbish will be collected from any apartment, condominium or other type of legal ownership of five or more occupied single-family dwelling units nor from any private, commercial, industrial, profit or nonprofit enterprise, except for home occupations as provided for in section 5.6.17 of the West Warwick Zoning Code (appendix A).
(2)
Rubbish must be curbside by 6:00 a.m. and shall not be placed within five feet of any abutter's property or in any way interfere with an abutter's access to his property. No rubbish or other debris may be placed out for collection more than one day prior to scheduled pickup and empty containers shall be removed within one day after pickup.
(3)
Residents receiving trash/recycling pickup are required to place all trash and recycling in the town-supplied collection containers/bins, and covers must be closed. Trash placed alongside the supplied collection containers/bins will not be collected. In some instances, an extra container/bin for year-round service may be required and purchased at the DPW in accordance with the fee schedule.
(4)
All leaves, grass and other organic yard waste shall be placed in paper leaf bags or plastic barrels, clearly marked "yard waste," and must not exceed 35 gallons. Bags shall not be closed with tape. Staples, string and no closure are acceptable. The sweeping or blowing of leaves and other yard waste into streets, onto sidewalks or into town rights-of-way is hereby prohibited.
(5)
No person other than the owner thereof or a duly authorized agent of the town shall examine, disturb, interfere with or remove the contents of any container or remove white goods placed at curbside for collection.
(6)
These rules and regulations may be suspended in case of emergency for a period of up to five days by the DPW.
(b)
Specific regulations.
(1)
As of May 1, 2016, the General Laws of Rhode Island require all purchasers of new mattresses and box springs to pay a fee at the point-of-purchase. In turn, mattresses may be brought to the DPW and returned without payment of a fee.
a.
Mattresses and box springs will be collected only by appointment and upon purchase of a sticker prior to pickup upon payment of a fee in accordance with the fee resolution of the town. One sticker shall be required for the collection of all mattresses or box springs picked up at one time. Stickers may be purchased at the DPW. A premium fee to be set from time to time by the town council shall be charged for pickup. Mattresses and box springs, up to a maximum of five times per year, may be brought to the DPW free of charge.
b.
No mattress or box spring will be picked up or accepted at the DPW unless properly bagged. Bags may be purchased at the DPW for a fee in an amount to be set from time to time by resolution of the town council.
c.
Disposal fees will be charged in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution of the town council.
(2)
Construction/demolition debris from home projects that do not require a building permit can be cut up and placed into the residential collection container. Oversized debris that doesn't fit in the collection container or debris from a project that requires a building permit shall require the property owner or the hired contractor to supply a dumpster for waste removal.
(3)
White goods will be collected only by appointment and upon the purchase of a sticker. A sticker for each item may be purchased at the DPW or the tax collector's office. White goods may also be dropped off at the DPW during normal operating hours at no cost, with the exception of refrigerators and air conditioning units. Disposal fees will be charged in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution by the town council.
(4)
Tires will be collected only by appointment and are preferred without rims attached. Tires with or without rims may also be dropped off at the DPW during normal operating hours at no cost.
(5)
Waste oil and hazardous waste may not be placed at curbside. All automotive waste oil may be brought to the DPW facility for disposal by town residents only. There will be no commercial drop-off. Hazardous waste must be returned to the place of purchase, or residents may contact the Rhode Island Resource Recovery Center (RIRRC) for instructions.
(6)
No junk automobiles or automobile parts will be collected by the DPW.
(7)
Bulk waste will be collected twice per month. Residents who receive town trash and recycling pickup shall receive four free pickups per year and will be required to call the DPW solid waste/recycling coordinator to schedule a pickup. Bulk items shall not be placed curbside more than 24 hours prior to the collection date. Pickups in excess of four per year will be charged in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution of the town council.
(Code 1970, § 8-105; Ord. No. 2009-5, 7-7-2009; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016; Ord. No. 2018-8, 3-20-2018; Ord. No. 2019-3, 6-4-2019)
Sec. 8-180. - Compliance.#
(a)
Failure to comply with any of the requirements contained herein shall result in the refusal of the DPW or town's contractor to collect the trash or rubbish at the property at which such violation occurred until such time as said violation is corrected.
(b)
The director of the DPW or an authorized official of the DPW shall file a complaint in the municipal court for any violation of section 8-179 with all powers as provided by the Rhode Island General Laws, and such violations shall carry fines as follows:
(1)
First offense .....$ 25.00
(2)
Second offense ..... 50.00
(3)
Third and following offenses ..... 100.00
Said complaint shall be filed against the property owner and tenant in all instances of a rental property. Said director shall be further authorized to file said complaint against any person who shall violate the provisions of section 8-179, even though such person may have no legal interest in the property at which said violation occurred.
(c)
Any item for which the purchase of a sticker is required as herein provided to be picked up by the DPW shall not be placed at curbside without said sticker attached. The owner and tenant of any property at which such an item shall be placed shall be jointly and severally liable for a fine for each day that such item remains at curbside, commencing with the date of notice as sent by the office of the building official to the landlord and tenant, as follows:
(1)
First offense .....$ 25.00
(2)
Second offense ..... 50.00
(3)
Third and following offenses ..... 100.00
In addition, the owner and tenant shall further be jointly and severally liable for the costs incurred by the DPW for the removal of such items in accordance with the fee schedule as adopted by the town council by resolution or as from time to time changed by resolution by the town council.
(d)
Residents and/or property owners who may cause the rejection of either a trash or recycling truck load by the RIRRC shall receive the following:
(1)
First offense: Warning.
(2)
Second offense: Fine equal to the cost of the rejected load.
(3)
Third offense: Suspension of trash and recycling service.
All such fines, fees and interest, if any, shall constitute a lien upon the property, which lien shall run with the land and shall not be released until all fines, fees and lien release fees have been paid in full. All such fines and fees shall be satisfied by payment in full within 60 days of the date of notice. An interest rate of 12 percent per annum upon all sums due and payable shall commence on the 60th day subsequent to the date of notice and shall continue to accrue until all fines, fees and interest shall be paid in full.
(e)
Any mattress or box spring, white goods or bulk waste that shall be placed curbside in violation of the provisions of section 8-179(b)(1), (3) or (7) shall be tagged for removal within 48 hours by the DPW. Failure of the owner to remove such item within said 48-hour period shall cause the removal of such item by the DPW and shall constitute a violation of this section subject to penalties as provided in subsection (a) of this section. Upon such removal, a lien shall be placed against the real estate upon which such items are located in the amount of the cost of pickup, removal, and disposal, and an administrative fee. Such lien shall not be removed until said sums, plus a lien removal fee, are paid in full. Interest at the rate of 12 percent per annum shall commence on the date of recording of such lien and continue until all sums due are paid in full.
(Code 1970, § 8-106; Ord. No. 2009-5, 7-7-2009; Ord. No. 2014-9, 5-27-2014; Ord. No. 2015-17, 3-15-2016; Ord. No. 2016-12, 10-4-2016)