TOWN OF BURRILLVILLE
ARTICLE II. RECYCLING
Sec. 22-31. Authority.
A mandatory recycling program is hereby implemented in the town pursuant to G.L. 1956, § 23-18.8-1 et seq., G.L. 1956, § 23-18.9-1 et seq. and G.L. 1956, § 23-19-1 et seq., regulations issued pursuant thereto by the state department of environmental management, and the Charter of the town.
(Ord. of 11-12-2003, § 16-1)
Sec. 22-32. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning:
Arrangements means the process by which the town plans for and carries out the separation, weighing, collection, hauling and disposal of solid waste within the town.
Bulk item means an item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
Business firms means any commercial establishment doing business within the town.
DEM means the department of environmental management of the state.
Hazardous waste means any waste as defined in the G.L. 1956, § 23-19.1-4, and in regulations adopted pursuant thereto, and as they may be amended.
Household hazardous waste means hazardous solid, liquid, or gaseous waste generated by residents of the town.
Local recycling program means 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.
Mixed recyclables means recyclable materials which are required to be removed from municipal solid waste at the source and placed in or on top of the set-out container provided by the state for transport to the nearest materials recovery facility for recycling.
Municipal solid waste means solid waste generated by the residents of the town in the course of their daily living, the disposal of which the town council has undertaken in the discharge of its duties to protect the health of the town. The term "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 means materials separated from municipal solid waste for reuse as specified by the Rhode Island Resource Recovery Corporation (RIRRC), the municipal recycling regulations authorized in section 22-36(c) and within 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 state and municipalities.
Resident means anyone residing in the town for any period of time who generates solid waste for which the town accepts responsibility for disposal.
Solid waste means 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 G.L. 1956, § 23-19.1-1 et seq.
Source separation means the removal by a 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 town or its agents.
Transfer station means a facility operated by or for the town the purpose of which is the temporary storage and accumulation of municipal solid waste prior to its transport to and disposal at the Rhode Island Resource Recovery Corporation's (RIRRC) landfill or another facility designated by the RIRRC.
White goods means major kitchen or laundry appliances, including but not limited to stoves, washers, refrigerators, dryers and water heaters. Nothing in this definition shall waive compliance with the rules and regulations for generation, transportation, storage and disposal of hazardous waste.
Responsible party means any person, firm or corporation owning and/or leasing property, commercial or residential, where solid waste and recyclable materials, including but not limited to white goods and bulk items, are generated for which the town accepts responsibility for pickup.
(Ord. of 11-12-2003, § 16-2)
Cross references: Definitions generally, § 1-2.
Sec. 22-33. 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 segregated municipal solid waste at the resident's curbside, or at other specific locations. The collection of separate recyclables shall be monitored by the recycling coordinator under the supervision of the director of public works.
(Ord. of 11-12-2003, § 16-3)
Sec. 22-34. Recycling coordinator; appointment and duties.
The town manager may appoint a recycling coordinator, either part- or full-time, or as a consultant, municipally or regionally, to coordinate the recycling program with the department of public works, private trash haulers, recycling facilities, town residents and commercial establishments, and RIRRC, and to provide recycling education for residents and school children. These tasks shall be accomplished in a manner consistent with state and federal regulations.
(Ord. of 11-12-2003, § 16-4)
Sec. 22-35. Public information program.
The recycling coordinator shall implement a public education and information program consisting of speaking engagements, school presentations, preparation of press releases, direct mailings, special events, and other such efforts to inform the public of the benefits of recycling and the mechanics of its implementation in the community in accordance with sections 5-4a and 8.3f-8 of the state municipal recycling regulations.
(Ord. of 11-12-2003, § 16-5)
Sec. 22-36. Implementation.
(a) The director of public works, under the supervision of the town manager, shall oversee the implementation of this article.
(b) The recycling coordinator shall receive the assistance of the department of public works, and the town school department. One of the prime duties of the recycling coordinator shall be to encourage education about recycling through the media, through the schools, and through periodic public awareness campaigns.
(c) Regulations for the implementation of this article, and what recycling and collection facilities will be made available to residents of the town, shall be prepared by the director of public works, adopted by resolution of the town council and published by the town.
(Ord. of 11-12-2003, § 16-6)
Sec. 22-37. 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.
(Ord. of 11-12-2003, § 16-7)
Sec. 22-38. Notice of changes.
The director of public works shall give notice to RIRRC of any significant change in solid waste disposal arrangements.
(Ord. of 11-12-2003, § 16-8)
Sec. 22-39. Mandatory recycling requirements.
(a) Recyclable materials. 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 and thereafter for a fee specified by the town council for replacements. 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) 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.
(c) Public property. The town shall require the separation of recyclables in any public building, park, beach, or playground where significant solid waste may be generated for which the town accepts responsibility for disposal.
(d) Commercial recycling. The town shall require the separation of recyclables at all business firms within the town. Business firms shall be required to dispose of these materials in accordance with state and federal regulations at no cost to the town. Business firms which provide waste receptacles for public use shall be required to provide separate recycling receptacles for each recyclable material stream for public use.
(e) Compliance required. All residents and business firms in the town shall separate recyclables from the nonrecyclable portion of their solid waste and prepare them for recycling according to regulations adopted by the town council and published by the town.
(f) Collection by private parties and nonprofit groups. Residents are allowed to give recyclables prior to placing them at the curbside 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.
(Ord. of 11-12-2003, § 16-9)
Sec. 22-40. Curbside collection of mixed recyclables.
The town shall provide a schedule for the collection of mixed recyclables from residents. Such materials shall be placed at the curbside in designated containers colored either blue or green. For the purpose of this article, the mixed recyclables to be collected are:
(1) Blue collection bin. Glass food and beverage containers; any plastic container with the number 1 or 2 on the bottom; waxed paper beverage containers; tin coated steel cans; steel cans; aluminum cans; aluminum foil; small metal items, including but not limited to, coat hangers, wire, nails, screws, etc.; small metal appliances including but not limited to toasters, irons, blenders, etc.
(2) Green collection bin. Paper products, including but not limited to, newspaper and inserts, telephone books, paperback books, catalogues, magazines, junk mail, clean food containers such as pasta and cereal boxes, corrugated cardboard (to be cut into pieces no larger than two feet by two feet, notebooks, rolled paper insert tubes, and all other clean paper items with the exception of napkins, paper towels, tissues, or bathroom paper.
(Ord. of 11-12-2003, § 16-10)
Sec. 22-41. White goods and bulk waste.
White goods and bulk waste shall be placed at the curbside for collection no more than two days prior to the scheduled collection date.
(Ord. of 11-12-2003, § 16-11)
Sec. 22-42. Publication of collection schedule.
The director of public works shall have prominently published the initial schedule for collection and shall publish a new schedule thereafter whenever there is a change in either materials to be collected, regulations, collection procedures, schedules, or a change in the waste hauling contractor.
(Ord. of 11-12-2003, § 16-12)
Sec. 22-43. Solid waste hazard or nuisance prohibited.
(a) 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 or her control to become a hazard to public travel, or to become a nuisance of any sort.
(b) Except as provided in section 22-41, solid waste, including recyclables, white goods and bulk items left at the curbside for a period of more than one day shall be considered a nuisance and such person having control may be subject to fines or penalties as set forth in section 22-49.
(Ord. of 11-12-2003, § 16-13)
Sec. 22-44. Licensing of haulers.
All qualified persons engaged in the business of collection and hauling of solid waste and operation of transfer stations within town boundaries shall be licensed in compliance with the state's rules and regulations for solid waste disposal facilities, the provisions of section 8-166 et seq., and the provisions of this article.
(Ord. of 11-12-2003, § 16-14)
Cross references: Transporting garbage or rubbish, § 8-151 et seq.
Sec. 22-45. Ownership of recyclables, offenses.
Once municipal solid waste, including recyclables, has been placed at the curbside, such solid waste becomes 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 procure any recyclable materials as defined under this article or a valid regulation, except as specifically authorized by the director of public works. This restriction shall also include resident, taxpayer, or other person who might engage in such practice for personal gain.
(Ord. of 11-12-2003, § 16-15)
Sec. 22-46. Enforcement.
It shall be the responsibility of the town police department to enforce the provisions of this article.
(Ord. of 11-12-2003, § 16-16)
Sec. 22-47. 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, and provided that the director of public works 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 11-12-2003, § 16-17)
Sec. 22-48. Terms and conditions.
Terms and conditions, rules and regulations for the mandatory recycling program shall be adopted by a resolution of the town council. Noncompliance or violations of such resolution will be enforced through section 22-49.
(Ord. of 11-12-2003, § 16-18)
Sec. 22-49. Penalties for noncompliance or violations.
(a) Generally. If any responsible party fails to remove articles left or placed on any public or private way within 24 hours after receiving written or actual notification by the chief of police or his designee to remove the articles, the party will be subject to a fine of $25.00. Each day that the offending articles remain shall constitute a separate offense.
(b) Residential. Except for the provisions of subsection (a) of this section, penalties for residential noncompliance or violations of the provisions of this article shall be as follows:
(1) First offense. A written notification to the resident delivered and recorded.
(2) Second offense. A written warning that subsequent violations shall result in the payment of fines.
(3) Third and subsequent offenses within a 24-month period. Any person who violates any of the provisions of this article after receiving a written warning of the same offense shall be subject to a fine of not less than $25.00 and not more than $100.00 for each subsequent offense.
(c) Business firms. Except for the provisions of subsection (a) of this section, penalties for business firm noncompliance or violations of the provisions of this article shall be as follows:
(1) First offense. A written notification to the business firm delivered and recorded.
(2) Second offense. A written warning that subsequent violations shall result in the payment of fines.
(3) Third offense. Any business firm that violates any of the provisions of this article after receiving a written warning of the same offense shall be subject to a fine of not less than $100.00 nor more than $500.00.
(4) Subsequent offenses within a 24-month period. Any subsequent offense after the third offense within a 24-month period shall be subject to a mandatory fine of $500.00.
(Ord. of 11-12-2003, § 16-19)
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