It shall be unlawful for any person, either as owner, lessee, agent, tenant or otherwise, to throw or deposit, or to cause or permit to be thrown or deposited, any rubbish, refuse, papers, cans, debris or decomposable organic matter which might create a nuisance or act as a breeding place for flies, mosquitoes or vermin, or as food for rats, discarded receptacles capable of holding water, which might serve as a breeding place for mosquitos, or any combustible material, which might serve to increase danger of fire upon any neighboring property or upon any vacant land in the town, unless such land shall have previously been designated by the town council as a proper and suitable place for such use.
(Code 1978, § 14-1)
Sec. 14-2. Depositing debris, etc., on land of another prohibited without consent.
It shall be unlawful for any person to throw or deposit any waste material or debris upon the land of another, without the consent of the owner of such land.
(Code 1978, § 14-2)
Sec. 14-3. Deposit of waste or debris on street or highway, or within 300 feet thereof, prohibited.
It shall be unlawful for any person to throw or deposit any waste material or debris upon any public highway or platted street, within the Town of North Providence, or within 300 feet thereof.
(Code 1978, § 14-3)
Sec. 14-4. Designated dumping area; permit required.
If the town council shall designate any area or place within the town as an area or place where dumping shall be permitted, only such persons who hold a written permit shall be allowed or permitted to dump in said designated area or place.
(Code 1978, § 14-4)
Sec. 14-5. Issuance of permit.
The written permit referred to in section 14-4 shall be issued by and through the chairperson of the public works committee. Said permit shall be in a form as prescribed by said chairperson. Said permit shall be issued only to persons who are residents of the town or property owners in said town, on such conditions as the town council shall impose. The chairperson of the public works committee, and said chairperson shall have the authority to refuse the issuance of any and all permits to persons who, in his discretion, do not qualify under this chapter. All businesses must be taxpayers in the town.
(Code 1978, § 14-5)
(a) The following fees are to be paid by those holding a permit and using the town facility:
| Truck Capacity | Per Each Load |
| Less than 3 cubic yards | $1.00 |
| 3 cubic yards, but less than 5 cubic yards | $2.00 |
| 5 cubic yards, but less than 10 cubic yards | $3.00 |
| 10 cubic yards, but less than 15 cubic yards | $4.00 |
| 15 cubic yards, but less than 20 cubic yards | $5.00 |
| 20 cubic yards, but less than 25 cubic yards | $6.00 |
| 25 cubic yards and over | $7.00 |
(b) All fees paid shall be credited to the department of public services. Rules and regulations for the collection of the aforesaid fees shall be promulgated by the chairperson of the public works committee. All dumping fees are to be paid by check or money order. Permits may be obtained at the office of the division of public works and maintenance.
(Code 1978, § 14-6)
Sec. 14-7. Vehicles spilling material; penalty.
It shall be unlawful for any person to overload, or cause to be overloaded, any vehicle carrying or transporting any waste material, debris, rubbish, trash, sand, gravel, coal, ashes, stone or other materials, so as to result in causing said waste material to spill upon any public highway or platted street, or within 300 feet thereof. Any person who violates this provision of this section shall, upon conviction, for the first violation be fined $25.00, for the second and subsequent convictions hereof, the fine shall be $50.00.
(Code 1978, § 14-7)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Person means and includes one or more persons, corporations, partnerships, associations, joint stock companies and societies and all other entities of any kind, capable of being sued.
(Code 1978, § 14-8)
Sec. 14-9. Placing acid, etc., in trash, etc., containers.
It shall be unlawful for any person to place in trash cans or other containers for purposes of same being handled by the division of public works and maintenance, or any rubbish removal person designated by the town, any fluids or acids that are liable to do injury to persons or property.
(Code 1978, § 14-9)
Sec. 14-10. Disturbing contents of receptacles.
No person other than the owner thereof or a duly authorized agent of the town shall examine, disturb, interfere with or remove any of the contents of any can, box or receptacle containing rubbish, and placed by such owner upon the sidewalks or highways of the town for collection and removal by the division of public works and maintenance of the town or any rubbish removal person designated by the town.
(Code 1978, § 14-10)
Sec. 14-11. Vehicles for removal of swill and house offal to be watertight.
(a) Any swill and house offal shall be removed in or from the town in watertight, covered vehicles. No vehicles shall be used for the removal of swill or offal in or from the town unless first examined and approved by the town health officer, and the covers of such vehicles shall be kept tightly closed when they are driven through the streets of the town.
(b) Vehicles shall have upon them such marks as may be required by the town health officer.
(Code 1978, § 14-11)
Sec. 14-12. Covering matter on dumping ground required.
Whenever land is used as a dumping ground, the owner of such ground, or the agent of such owner, shall cause all offensive or decaying matter to be completely covered with earth immediately upon the deposit of such matter.
(Code 1978, § 14-12)
Sec. 14-13. Debris, etc., not to be deposited in street opening or sewer.
No person shall place or deposit in any street opening to any sewer or in any catch basin any animal or vegetable matter, solid or liquid, nor any filthy substance.
(Code 1978, § 14-13)
Sec. 14-14. Matter taken from catch basins to be covered.
No person shall dump or deposit anywhere within the town any matter taken from a catch basin, without completely covering the same with earth immediately upon dumping or depositing the same.
(Code 1978, § 14-14)
Sec. 14-15. Poison ivy and jimson weed.
The owner or occupant of any land upon which there is any poison ivy, or any Jamestown or Jimson weed, within 50 feet of any highway or street, shall cause such ivy or weed to be removed within five days after receiving notice so to do from the town health officer.
(Code 1978, § 14-15)
Sec. 14-16. Vehicles using Smithfield Road shall be covered.
No person shall carry or convey or cause to be carried or conveyed on Smithfield Road, from Mineral Spring Avenue to the Smithfield Town Line, any ashes, bituminous coal, sand, trash and/or rubbish of any kind unless the receptacle or vehicle containing such ashes, bituminous coal, sand, trash and/or rubbish of any kind shall be closely covered.
(Code 1978, § 14-16)
Sec. 14-17. Bonfire and outdoor rubbish fires.
Outdoor burning of all kinds is prohibited unless a permit or other proper authorization is obtained.
(Code 1978, § 14-17)
Sec. 14-18. Discarded refrigerators, etc.—Doors, locks to be removed.
It shall be unlawful for any person, firm or corporation, having been the owner or possessor of an ice box, refrigerator, freezer or any other container used for refrigerative purposes, to discard the same without first removing the door or lock from said ice box, refrigerator, freezer or any other container used for refrigeration purposes.
(Code 1978, § 14-18)
Sec. 14-19. Discarded containers, etc.—Locks to be removed.
It shall be unlawful for any person, firm or corporation to discard any container, of any type whatsoever, which has an airtight snap, catch, lock, which may not be released from the inside of said container, without first removing said snap, catch, or lock.
(Code 1978, § 14-19)
Sec. 14-20. Leaving unattended refrigerators, etc.—Doors, locks to be removed.
It shall be unlawful for any person, firm or corporation to leave outside any building or dwelling within the town, or to leave in, on or about any place within the town, an unattended ice box, refrigerator, freezer or any other container used for refrigerative purposes without first removing the door or lock from said ice box, refrigerator, freezer or any other container used for refrigerative purposes.
(Code 1978, § 14-20)
Sec. 14-21. Leaving unattended containers, etc.—Locks to be removed.
It shall be unlawful for any person, firm or corporation to leave outside any building or dwelling within the town, or to leave in, on or about any place within the town, any container, of any type whatsoever, which has an airtight snap, catch, or lock, which may not be released from the inside of said container, without first removing said snap, catch, or lock.
(Code 1978, § 14-21)
Any person, firm or corporation in violation of any of the provisions of sections 14-1 through 14-24, excepting sections 14-7 and 14-23, for which other penalties are expressly provided, shall be fined not more than $100.00 for each offense and/or imprisoned for not more than ten days and/or be required to perform litter removal services in the town for a period of ten hours.
(Code 1978, § 14-22; Ord. of 12-1-1981(2))
Sec. 14-23. Enclosure of dumpsters.
All dumpsters and similar trash disposal bins shall be kept or placed in an enclosure containing at least three sides. Such enclosure shall be of an even height of not more than six feet nor less than four feet six inches on each side. All owners and/or lessees of real estate in violation of this section shall be subject to a fine of $20.00 for each day said violation shall continue. The building inspector of the town is hereby authorized and directed to enforce this section.
(Code 1978, § 14-23)
(a) No person shall throw, deposit, place, cast, scatter, leave or lay any litter in, about, or upon any public property or public waters except in public receptacles provided for such purpose or in authorized private receptacles for collection; except further, that no person shall throw, deposit, place, or leave any household litter, garbage or refuse in said public receptacle.
(b) Local enforcement officers are hereby authorized to enforce the provisions of this section and to seize any private vehicle, implement or appliance used in violation of this or any law, rule, or regulation relating to littering, and hold the same at the owners expense until the fine and costs imposed for the violation have been paid in full.
(Code 1978, § 14-24)
Sec. 14-25. Pick-up time schedule of dumpsters.
Dumpsters shall only be allowed to be emptied and picked up Monday through Friday, inclusive between the hours of 7:00 a.m. and 6:00 p.m., except that any dumpster located at a town public school shall only be allowed to be emptied and picked up Monday through Friday, inclusive, between the hours of 6:00 a.m. and 6:00 p.m. Violators of this section shall be subject to a fine of $250.00 for each violation.
(Code 1978, § 14-25; Ord. No. 08-004, § 1, 4-1-2008)
Sec. 14-26. Garbage and refuse collection.
(a) The town shall provide for the collection of garbage and refuse once a week from the residents of dwellings with one to four units.
(b) Said materials shall be placed at the curbside of the sidewalk abutting the front of the real estate of each resident from whom said materials originate, but in no case shall the material be placed closer than five feet from the abutting neighbor's property line. Recyclables must also be placed at least five feet from the abutting neighbor's property line.
(1) Garbage and refuse shall be placed in or on top of covered totes/provided bins and shall not be placed in bags and/or placed on the sidewalk or ground surrounding or next to the covered tote/provided bin or elsewhere.
(2) No containers shall be placed on the curb more than 24 hours before the scheduled day of trash pick-up excepting weeks in which there is a holiday that alters the normally scheduled day of pick-up.
(3) Recyclable materials will continue to be placed in the provided bins, and newspapers will be tied or paper-bagged, and placed on top of the recyclable container, and shall be placed no less than five feet from the originators property lines and shall be placed in covered containers. Furthermore, no garbage or refuse containers, empty or full, and no recycling containers may be stored closer than five feet to the neighboring property line.
(c) Either the town division of inspection, through its building inspector, and/or his designee, or the town recycling coordinator, shall be responsible for the enforcement of the provisions of this section, including, but not limited to, the use of the town municipal court to collect any fines levied by said division, if said fines are not paid within 14 days of the issuance of a ticket.
(d) The town division of inspections or the town recycling coordinator, upon receiving a written complaint from a complainant or upon viewing the property and garbage/refuse by a representative of the town of an alleged violation, shall send a notice to the owner of the property/alleged violator within 24 hours of the written complaint being filed. Said notice shall include informing the owner of the property/alleged violator of the applicable ordinances of the town and the amount of the penalty as provided for in subsection (e) of this section.
(e) Violations of this section shall be enforced against the owner of the property where the violation occurs and shall be treated as follows:
(1) First offense: Warning.
(2) Second offense: A fine of $40.00.
(3) Third and subsequent offenses: A fine of $100.00.
(Ord. No. 96-025, 7-2-1996; Ord. No. 99-141, § 1, 8-3-1999; Ord. No. 99-148, § 1, 10-5-1999; Ord. No. 02-017, § 1, 8-6-2002; Ord. No. 18-013, § 1, 11-7-2018)
Sec. 14-27. Mattress disposal.
(a) Dry mattresses and box springs will be collected by the town, by appointment only, said appointment being made by a property owner or property occupant with the department of recycling and refuse (DRR).
(b) Wet mattresses or mattresses with bed bugs will be not picked up by the town. The property owner and tenant of the property shall be obligated to transport any wet mattress or mattress containing bed bugs, or both, to the state landfill for disposal. Should either the owner or tenant fail to remove and transport a wet mattress or a mattress containing bed bugs, or both, the town may, but is not obligated to, provide for the disposal of such at the state landfill and charge both the owner and tenant with the costs of the same. Said cost shall constitute a lien similar to the lien provided for in subsection (g) of this section.
(c) A property owner and/or the occupant of the property shall not place a mattress or box spring in front of a property within the town without first contacting the DRR and making an appointment for the DRR to pick up said mattress or box spring. Once an appointment has been made, the property owner and/or occupant shall only cause said mattress or box spring to be placed in front of the property on the date of the appointment and not sooner.
(d) The owner of any dwelling shall be deemed to have allowed a violation of this section whenever a mattress or box spring is placed in front of the dwelling without first contacting the DRR and making an appointment for its pick-up or placing the mattress or box spring in front of the property on a day other than one in which an appointment has been made.
(e) Either the town division of inspection, through its building inspector, and/or his designee, or the town recycling coordinator, and/or his designee, shall be responsible for the enforcement of the provisions of this section.
(f) Failure to comply with any of the requirements contained herein shall result in either the town division of inspection, through its building inspector, and/or his designee, or the town recycling coordinator and/or his designee filing a complaint in the municipal court for any violations of the provisions herein and such violations shall carry fines as follows:
| First offense | $25.00 |
| Second offense | $50.00 |
| Third and following offenses | $100.00 |
(1) Said complaint shall be filed against the property owner and tenant, in all instances of a rental property. Said town division of inspection, through its building inspector, and/or his designee, or the town recycling coordinator, and/or his designee, shall be further authorized to file said complaint against any person who shall violate the provisions of this section, even though such person may have no legal interest in the property at which said violation occurred.
(2) 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.
(g) In addition to the enforcement provisions contained in subsection (f) of this section, any mattress or box spring, that shall be placed curbside in violation of the provisions of this section shall be tagged for removal within 48 hours by the DRR or the town division of inspection, through its building inspector, and/or his designee, or the town recycling coordinator and/or his designee. Failure to remove such item within said 48-hour period will result in the removal of such mattress or box spring by the DPW. Upon such removal, a lien shall be placed against the real estate upon which such mattress or box spring is located in front of in the amount of the cost to the town for the pickup, removal and disposal of said mattress and/or box spring. 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. In addition, the owner and occupant/tenant shall further be jointly and severally liable for said sums incurred by DRR for the removal of such mattress or box spring.
(Ord. No. 19-011, § 1, 9-3-2019)
Sec. 14-28. Discarded mattresses, box springs, projection televisions and consoles.
The town imposes a fee of $15.00 with respect to municipal pick up of discarded mattresses, box springs and projection televisions and consoles. There will be no charge relative to the disposal of either consoles or projection television sets when town residents drop off television sets to the office of the recycling coordinator.
(Ord. No. 11-010, § 1, 2-7-2012)
Sec. 14-29. Enclosure of dumpsters and rodent remediation efforts required.
(a) All dumpsters and similar large trash disposal containers (defined as "a container larger in size than the trash containers provided to residents by the town") shall be kept or placed in an enclosure containing at least three sides.
(b) Such enclosure shall be of an even height of not more than six feet nor less than four feet, six inches on each side.
(c) All dumpsters and similar large trash containers shall at all times be closed after trash is deposited and no trash shall be exposed or placed on the sides of said dumpster or similar large trash container.
(d) Any property containing a dumpster or similar large trash container shall be required to have and maintain an enclosed bait station in the vicinity of the dumpster for rodents.
(e) All owners and/or lessees of real estate in violation of this section shall be subject to a fine of not less than $50.00 nor more than $500.00 for each day said violation shall continue.
(f) The building inspector of the town or his/her designee is hereby authorized and directed to enforce this section.
(Ord. of 5-1-1979(3); Ord. No. 22-006, § 1, 1-4-2022)
Sec. 14-30. Littering prohibited.
(a) That no person shall throw, deposit, place, cast, scatter, leave or lay any litter in, about, or upon any public property or public waters except in public receptacles provided for such purpose or in authorized private receptacles for collection; except further, that no person shall throw, deposit, place, or leave any household litter, garbage or refuse in said public receptacle.
(b) Local enforcement officers are hereby authorized to enforce the provisions of this section and to seize any private vehicle, implement or appliance used in violation of this or any law, rule, or regulation relating to littering, and hold the same at the owner's expense until the fine and costs imposed for the violation have been paid in full.
(Ord. of 6-5-1984)
Sec. 14-31. Pick-up time schedule of dumpsters.
(a) Dumpsters shall only be allowed to be emptied and picked up Monday through Friday, inclusive between the hours of 7:00 a.m. and 6:00 p.m.
(b) Violators of this section shall be subject to a fine of $250.00 for each violation.
(Ord. of 7-7-1987(1))
Sec. 14-32. Rodent abatement required.
(a) When it is determined by the building inspector through use of a professional extermination company that a property within the town has rodents living on there upon, it shall be the responsibility of the property owner to hire a professional extermination company of their choosing to abate the rodent issues.
(b) The building inspector of the town or his/her designee shall provide notice with documentation evidencing the rodent problem on the property to such property owners referenced in subsection (a) directing them to contact an extermination company for abatement within seven days of the notice and report the same to the building inspector along with the planned remedial measures.
(c) Any property owner receiving such notice referenced in subsection (b) that disagrees with the town's determination of the rodent issues on their property shall appeal the town's determination to municipal court within seven days of the notice. Upon receipt of a notice of appeal referenced in subsection (c), the town may elect to abate the property itself and hold the expenses for said abatement until the controversy is determined by the municipal court.
(d) Upon a determination by the municipal court that a rodent issue exists(ed) on the subject property, the court may order:
(1) The property owner to schedule an abatement with a professional extermination company within seven days of the order; or
(2) The town to enter upon the property and abate the rodent issue and forward the costs of any abatement to the subject property owner and/or place a lien on the subject property for said costs.
(Ord. No. 22-005, § 1, 1-4-2022)
Sec. 14-51. Implementation of recycling program.
A mandatory recycling program is hereby implemented in the town pursuant to G.L. 1956, chs. 23-18.8, 23-18.9, and 23-19, and state department of environmental management municipal recycling regulations, as amended.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(A))
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:
Arrangements means the process by which the town plans for and carries out the separation, weighing, collection, hauling and disposal of solid waste generated 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.
DEM means the department of environmental management of the state.
Hazardous waste means any waste as defined in the Rhode Island Hazardous Waste Management Act, G.L. 1956, §§ 23-19.1—23-19.4, and in regulations adopted pursuant thereto, and as they may be amended.
Household hazardous waste means hazardous municipal solid 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, as amended.
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 governing body of the town 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 director of DEM and listed in section 4 of municipal recycling regulations 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 the 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 and other discarded solid materials generated by residential, institution, commercial, industrial and agricultural 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, G.L. 1956, ch. 23-19.1.
Source separation means 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.
Transfer station means a facility operated by or for the town whose purpose is the temporary storage and accumulation of municipal solid waste prior to its transport to and disposal at a corporation landfill or resource recovery facility.
White goods means 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 4-5-1994; Ord. of 12-5-1995(1), § 1(B))
Sec. 14-53. Recycling coordinator.
The mayor may appoint a recycling coordinator, either part time or full time, to coordinate the recycling program with the department of public works/private trash haulers and recycling facilities, 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 4-5-1994; Ord. of 12-5-1995(1), § 1(C))
The director of public works shall receive the assistance of the recycling coordinator, and the town school department and it shall be the duty of the chief of police in the town to enforce the provisions of this article.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(D))
Sec. 14-55. Curbside collection.
The town shall provide for the collection of mixed recyclables once a week from residents in dwellings with one to four units. Said materials shall be placed at the curbside of the sidewalk abutting the real estate of each resident from whom said materials originate in designated containers. For the purpose of this section, the mixed recyclables to be collected are glass food and beverage containers, newspaper, tin-coated steel cans, steel cans, aluminum, plastic soda bottles, beverage containers and milk jugs.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(E))
(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 of $5.00 for replacements. If there are more recyclables than can be accommodated in the container, these shall be placed in containers stacked close to said 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. The town shall require the separation of recyclables as a condition of licensing or authorizing public events with a fee to be determined for which significant solid waste is generated and the town is responsible to dispose.
(c) Commercial recycling. Business firms shall be subject to state and federal recycling regulations.
(d) Compliance required. All residents, taxpayers and others doing business in the town shall separate recyclables from the non-recyclable portion of their solid waste and prepare them for recycling according to directions established by the director of public works and published by the town.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(F))
Sec. 14-57. 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 in compliance with DEM reporting requirements.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(G))
Sec. 14-58. Penalties for noncompliance.
Failure to comply with this article shall result in the issuance of fines as follows:
(1) First offense: a written notification from the trash hauler attached to the residents recycling bin and recorded with the department of public works.
(2) Second offense: a written letter from the department of public works that subsequent violations will be reported to the town police department and result in a fine from the municipal court.
(3) Third offense: any person who violates any provisions of this article after two written warnings shall be subject to a fine up to $200.00.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(H); Ord. No. 09-015, 12-1-2009; Ord. No. 10-004, 3-2-2010)
Sec. 14-59. Solid waste hazard or nuisance.
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 control to become a hazard to public travel, health, or safety, or to become a nuisance of any sort.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(I))
Sec. 14-60. Ownership of recyclables.
Once municipal solid waste has been deposited in the designated place, be it curbside or transfer station, said solid waste becomes the property of the town. No person engaged in the business or 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 within the town except as specifically authorized by the town. This restriction shall also include any resident, taxpayer, or other person who might engage in such practice for personal gain.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(J))
Sec. 14-61. Volunteer collection of recyclable materials.
The director of public works may issue permits for a fee of $10.00 for charitable organizations to collect recyclable materials on the condition that they not be collected from recycling containers placed at curbside and a report is filed by said organization detailing the weights of each material collected, in compliance with the Rhode Island DEM reporting requirements, and provided that the director of public works determines that said collection does not conflict with the town's recycling implementation program.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(K))
Sec. 14-62. 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 their community in accordance with 5-4.a and 8.3f.8 of the state municipal recycling regulations, as amended.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(L))
Sec. 14-63. Reporting requirement.
The town 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 on a quarterly basis to the DEM.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(M))
Sec. 14-64. Notice of changes.
The town shall give notice to the DEM of any significant change in solid waste disposal arrangements.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(N))
Sec. 14-65. Licensing of haulers.
All qualified persons engaged in the business of collection and hauling of solid waste and operation of transfer stations within the town boundaries shall be licensed in compliance with the state's rules and regulations for solid waste disposal facilities and the provisions of this article. Licensees shall:
(1) Maintain the segregation of municipal solid waste which they collect or haul;
(2) Maintain any separated recyclables which are brought to state-owned recycling facilities to be delivered in processable condition; and
(3) Deliver to state-owned recycling facilities all separated recyclables which are designated by a city or town to go to such facility.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(O))
Sec. 14-66. Recycling contracts.
The town is empowered to supervise, facilitate and contract with either state recycling facilities as mandated by the Rhode Island General Laws or with commercial firms for the receipt and processing of recyclable material in a manner consistent with the town's local implementation program that yields the best rate of recycling and the most cost effective result for the town.
(Ord. of 4-5-1994; Ord. of 12-5-1995(1), § 1(P))
It is hereby ordained by the town council as follows:
(1) All residents of the town, within the town, shall adhere and comply with the town's mandatory recycling program.
(2) A minimum of one recycling container must be present at curbside in order for regular trash to be collected. Recyclable materials must be placed in the approved blue or green containers and/or in an approved manner as prescribed by the town. Containers may be less than full but not empty of recyclable material and must not contain a mixture of recyclable types, such as paper and cardboard mixed with cans and bottles.
(3) Residents must leave emptied recycling bins at curbside until trash has been collected. Failure to do so may result in trash not being collected.
(4) Any refuse not collected due to noncompliance must be removed from curbside by the resident by 11:59 p.m. on the designated collection day and set out for collection the following week.
(5) The town reserves the right to deny collection of municipal solid waste from any household that shall not comply with state or town recycling regulations, the town's mandatory recycling ordinances or this section.
(Ord. No. 09-015, 12-1-2009; Ord. No. 10-004, 3-2-2010)
Sec. 14-93. Statement of purpose.
For the purpose of promoting general health, safety and welfare of the citizens of the town and for efficiently and effectively treating hazardous wastes while protecting the environment from contamination, it is the intent of this article to regulate the siting and ongoing operation of hazardous waste management facilities to the extent permitted by the Rhode Island Hazardous Waste Management Facilities Act of 1982, being G.L. 1956, title 23, ch. 19.7, as amended.
(Ord. of 5-3-1983, § 1)
The definitions included within G.L. 1956, title 23, ch. 19.7 (Hazardous Waste Management Facilities) and all amendments thereto are incorporated within this article as though fully set forth herein.
(Ord. of 5-3-1983, § 2)
Sec. 14-95. Prohibition of landfills and injection wells.
No property located totally or partially within the town shall be used either for a landfill and/or injection well for the storage, disposal, elimination, destruction or siting of hazardous waste.
(Ord. of 5-3-1983, § 3)
Sec. 14-96. Restrictions on hazardous waste management facility.
A hazardous waste management facility shall not be sited in the town unless the following restrictions are fully met:
(1) A development site for a hazardous waste management facility shall be located a minimum of 1,000 feet from the zoning district boundary line of an ML or MG zone, from the nearest residential or farming use or a residential or farming zone.
(2) A development site for a hazardous waste management facility shall be located at least 2,500 feet from centers of population, including, but not limited to, elderly housing, primary and secondary schools, nursing homes, and any buildings where the concentration of population exceeds one person per 100 square feet of building area. Said minimum distance shall be measured from the property line as shown on maps in the tax assessor's office.
(3) A development site for a hazardous waste management facility shall be located at least 2,500 feet from a public recreational facility. Said minimum distance shall be measured from the property line as shown on maps in the tax assessor's office.
(4) Hazardous waste management facilities shall be prohibited within 1,000 feet of environmentally sensitive areas. These areas include, but are not limited to, areas of steep slope (e.g., slopes of five percent or more); areas identified as fresh water wetlands; water-related sensitive areas as delineated on the State of Rhode Island 208 Areawide Water Quality Management Plan (Rhode Island Statewide Planning Project, FRC-JF-01-13; and areas of flood hazard districts as delineated within the 100-year flood zone or plain of the town.
(5) A development site for a hazardous waste management facility shall be at least 1,000 feet from any pond, any major stream or river or any minor stream or river. Parking lots and surrounding structures associated with the hazardous waste management facility shall not disturb topography within the above distances from water courses and wetland areas.
(6) The following regulations for an industrial hazardous waste management facility shall apply:
| Minimum lot area | 200,000 sq. ft. |
| Minimum lot frontage | 200 feet |
| Minimum front yard | 75 feet |
| Minimum rear yard | 75 feet |
| Minimum side yard | 75 feet |
| Maximum lot coverage | 25% |
| Maximum height: | |
| Principal structure | 35 feet |
| Accessory structure | 25 feet |
(Ord. of 5-3-1983, § 4)
Sec. 14-97. Application filing.
(a) Any developer seeking to site a hazardous waste management facility in the town shall file with the town clerk ten copies of the entire filing made pursuant to the Hazardous Waste Management Act of 1978 (G.L. 1956, § 23-19.1-1 et seq.) in seeking a permit for such facility. Said copies shall be filed with the town clerk within ten days of filing under the Act.
(b) In addition to the foregoing, any person seeking any renewals, extensions or modifications of a DEM variance for any facility in the town or in a neighboring community shall file with the town clerk a copy of the entire application within ten days of filing for such variance.
(c) In addition, any such developer shall file with the town clerk ten copies of a proposed impact report as herein required for review by the local assessment committee. This filing shall be made within ten days of receiving the permit.
(Ord. of 5-3-1983, § 5)
Sec. 14-98. Appointment, powers and duties of local assessment committee.
(a) Appointment.
(1) There shall be appointed a local assessment committee consisting of five members, including the mayor, the town council president or, if the council president chooses not to serve on the local assessment committee, another member of the council chosen by the council, the chairperson of the planning board and two public members appointed by the mayor, at least one of whom shall be knowledgeable in environmental matters by reason of training or experience. The committee shall elect its own chairperson. Service on any other board or committee shall not bar participation on an assessment committee of any such member, and such person may be designated as a public member for the purpose of this article. An assessment committee may consider more than one hazardous waste management facility siting application.
(2) The local assessment committee shall be appointed within 45 days after the issuance of necessary state permits for construction or substantial alteration of a hazardous waste management facility under the provisions of the Rhode Island Hazardous Waste Management Act of 1978, as amended, which facility proposes to be sited in or have impact upon the town. The committee shall serve until such time as siting or impact agreements are negotiated with the developer and ratified by the town council or until such time as siting or impact agreement is reached in accordance with G.L. 1956, title 23, ch. 19.7, as amended.
(3) Prior to dissolving at the end of its mandated existence, the committee shall suggest to the mayor, the appointment of a town official, board or department which is to be responsible for monitoring of the construction and on a regular basis the ongoing practices and procedures of the hazardous waste management facility involved in its review and to ensure the continued safe operation in compliance with the siting or impact agreement and other town ordinances and regulations. The committee may require the developer to make regular or specifically defined reports to such official, board or department, and a system of inspections, reports and funding by the developer for such monitoring may be included in the siting or impact agreement. The mayor shall have the authority to take any appropriate action pursuant to the agreement as a result of the ongoing hazardous waste management facility operation and this provision.
(b) Powers and duties. The powers and duties of the local assessment committee shall be those set forth in G.L. 1956, title 23, ch. 19.7 and all amendments thereto.
(c) Ratification. No siting or impact agreement negotiated by the local assessment committee shall be binding upon or enforceable against the town until:
(1) The local assessment committee holds a public hearing on the proposed siting or impact agreement; and
(2) Following said public hearing, the agreement is ratified by the town council.
The town council shall, by this article, have the power to approve or reject any such siting or impact agreement.
(Ord. of 5-3-1983, § 6)
Sec. 14-99. Variances, special exceptions.
(a) Prohibition against variances or special exceptions. Notwithstanding any provision in the zoning ordinance for the town, no developer shall be entitled to receive any variance or special exception for any requirement in this article,
(b) Procedure for DEM variances. Upon receipt of the town clerk of any notice of a variance application filed with the department of environmental management pursuant to G.L. 1956, § 23-19.1-11, the town council shall review said application or cause the same to be reviewed by some other town official, board or department and request an advisory opinion therefrom. If, in the town council's determination, the variance might adversely affect the town, its citizens or the environment, the council may authorize such action as it deems appropriate, including opposing the application.
(Ord. of 5-3-1983, § 7)
Sec. 14-100. Notification of receipt of application.
The town clerk shall notify forthwith all members of the town council and the mayor upon receipt from the department of environmental management of notice that an application to construct or substantially alter a hazardous waste management facility has been received. Council members and the mayor shall be notified of applications for hazardous waste management facilities both within the town and in neighboring communities.
(Ord. of 5-3-1983, § 8)
Sec. 14-101. Council ratification required.
(a) The town council shall hereby be empowered to approve or reject any proposed siting or impact agreement submitted to it by the local assessment committee herein. The town council shall exercise their power to approve or reject the proposed siting or impact agreement only after there has been a public hearing as set forth in this article.
(b) A majority vote of the council shall be necessary for approval. Once approved the siting or impact agreement statement shall be binding and enforceable upon all parties thereto.
(Ord. of 5-3-1983, § 9)
Sec. 14-102. Notice of public hearing and conduct of meetings.
(a) Notice of the public hearing required to be held by the assessment committee shall be sent by certified mail to all owners of real property within 500 feet of the property being proposed for a hazardous waste management facility not less than ten days prior to such hearing. Additional public notice shall be given by publication in a newspaper of general circulation in the town at least seven days prior to the date of the hearing.
(b) The committee shall afford all interested persons an opportunity to be heard at the public hearing, and the hearing shall be conducted in accordance with the customary procedural rules governing town council public hearings. Since the hearing is for informational purposes, no right of appeal shall exist.
(Ord. of 5-3-1983, § 10)
Sec. 14-103. Performance standards.
In addition to the provisions herein, all hazardous waste management facilities shall comply with the relevant portions of all zoning ordinance requirements as from time to time established by the town.
(Ord. of 5-3-1983, § 11)
Sec. 14-104. Project impact report.
The project developer shall submit to the town council a project impact report delineating the potential environmental and other impacts of the following considerations:
(1) Public water and aquifers;
(2) Firefighting, police protection and other public services to be provided;
(3) Sewer facilities;
(4) By-products of facility;
(5) Monitoring procedures and practices;
(6) Proximity to food processors;
(7) Taxation;
(8) Economic security of community;
(9) Economic viability of developer;
(10) Natural resources;
(11) Risk to public health, safety and welfare;
(12) Transportation of hazardous materials; routes, schedules, type of vehicles, etc.
(Ord. of 5-3-1983, § 12)
Sec. 14-105. Training of public safety personnel.
The project developer shall provide training and education to municipal personnel in the emergency handling of materials processed by a hazardous waste management facility.
(Ord. of 5-3-1983, § 13)
Sec. 14-106. Affidavit from applicant.
The applicant shall submit an affidavit acknowledging his understanding of the applicable standards provided herein and his continuing agreement to comply with these standards.
(Ord. of 5-3-1983, § 14)