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Chapter 101
SOLID WASTE
[HISTORY: Adopted by the Town of Henniker as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Building construction fees See Ch. 25.
ARTICLE I - Transfer Station/Recycling Center
[Adopted February 1994, Revised May 4, 2004,Effective Date May 17, 2004
Revised/Effective January 1, 2005]
~101 1. Purpose
The purpose of this article is to direct the Town of
Henniker in the provision for disposal of solid waste in an environmentally
sound, safe and economic manner. In recognition of the fact that waste
reduction and the recovery of resources from the waste stream, whether by
reuse or recycling, conserves natural resources, reduces energy use, reduces
pollution and saves tax dollars, the town shall provide facilities to accept
pre-sorted recoverable articles to the greatest extent practicable. The town
may provide facilities for the transfer of the materials which are not
recoverable to proper disposal sites.
~101 2. Authority
Under the authority of RSA 31:39,I(f) and 149 M:13 and
the NH Solid Waste Rules (He P 1901) the Town of Henniker hereby adopts the
following ordinance for the operation of its community solid waste facility to
be known as the Henniker Transfer Station/Recycling Center.
~101 3. Management/operations plan
This article is consistent with the
management/operations plan for the Henniker Transfer Station/Recycling Center
which the Town of Henniker has submitted to the State of New Hampshire.
~101 4. Regular users
The Henniker Transfer Station/Recycling Center shall be
open to qualified users. Qualified users shall be Henniker residents,
nonresident property owners, Henniker establishments, civic organizations,
institutions and the designees (including commercial haulers) of any of the
above groups. The Henniker Transfer Station/Recycling Center will accept only
waste which originated in Henniker, except as specified in '101 5 below.
~101 5. Other users
Users from other towns will be accepted, at the
discretion of the Board of Selectmen, and after making any necessary special
arrangements. A list of all authorized users and any updates to the list shall
be given to the Superintendent.
~101 6. Permit stickers
Users of the Henniker Transfer Station/Recycling Center
must obtain a numbered permit sticker from the Henniker Transfer Station/
Recycling Center Superintendent or his/her designees that will be placed in a
location approved by the Superintendent for uniformity. The permits must be on
the vehicles using the Henniker Transfer Station/Recycling Center unless the
Board of Selectmen, the Superintendent or his/her designee, has made a special
arrangement.
~101 7. Refusal of access
The Henniker Transfer Station/Recycling Center
Superintendent and or his/her designee shall have the right to refuse access
to the facilities to anyone who is misusing said facility or violating this
article.
~101 8. Security; trespass
A. Anyone entering the facility outside of
posted hours of operation, and without authorization from town officials,
shall be guilty of trespass.
B. Anyone depositing materials at any gate
or in an improper way shall be guilty of littering under authority of RSA
163B.
~101 9. General regulations for use
A. Waste and recoverables will be accepted
only during the hours of operation.
B. All waste and recoverables shall be
placed in designated areas.
C. All users of the facility shall observe
posted rules and procedures.
D. All users of the facility shall follow
the instructions of and comply with the direction of the Superintendent and
his/her designee in accordance with the provisions of this Article and the
management and operations plan of the Henniker Transfer Station/Recycling
Center.
E. All users shall obey the speed limits and
traffic signs.
F. Loads shall be deposited safely, without
spillage, onto surrounding areas, and without exceeding the design capacity of
receptacles or equipment.
G. The user shall be responsible for a
cleanup charge if the load, or any part of the load, is lost or deposited in a
location other than the designated areas, whether due to unsecured load,
driver error or vehicle malfunction.
H. All users and their vehicles enter the
facility at their own risk and shall be liable for any and all damages they
might cause to the facilities, personnel or other users.
I. All users shall keep their pets in their
vehicles at all times when on the grounds of the Transfer Station/Recycling
Center.
~101 10. Reusable items
There will be a designated area for a community exchange
of reusable items. No fees will be required. The Henniker Transfer
Station/Recycling Center Superintendent has the authority to determine what
shall remain in this area.
~101 11. Materials that shall be separated
A. Recyclable
materials. The following materials shall be separated and placed in
their designated locations in the manner and condition specified by the
Superintendent of the Henniker Transfer Station/ Recycling Center or his/her
designee:
scrap metals, appliances, lead acid batteries (motor vehicle batteries), waste
oil.
B. Other
materials
1. Refuse, which is not presently being
separated for recycling at the Henniker Transfer Station/Recycling Center
and which is accepted at the incinerator in Penacook in accordance with the
contract between the Town of Henniker and the Concord Regional Solid
Waste/Resource Recovery Cooperative, shall be placed in the compactor hopper
except as otherwise specified or as directed by the Henniker Transfer
Station/ Recycling Center Superintendent or his/her designee. A list of the
materials prohibited from the Penacook incinerator is available for review
at the Henniker Transfer Station/ Recycling Center.
2. Unpainted, untreated lumber, logs and
other types of wood materials under 5 inches in diameter shall be placed in
designated locations.
3. Ashes shall be placed in the designated
pile.
4. Tires without rims and no larger than
16 inches shall be placed in the designated location.
5. Other materials shall be placed in
their designated locations as directed, by the Henniker Transfer
Station/Recycling Center Superintendent or his/her designee.
~101 12. Materials that may be separated
A. Recyclable materials. The
following materials may be separated and deposited for recycling at designated
locations in the manner and condition specified by the superintendent of the
Henniker Transfer Station/Recycling Center or his/her designee: aluminum cans,
steel "tin" cans, cardboard, glass, newspaper, magazines and junk mail and
office paper, plastic milk, water and soap jugs with the #2 HDPE stamped on
the bottom, plastic beverage bottles with the #1 stamped on the bottom such as
soda, juice, some water bottles and other soft drinks, clean aluminum foil,
leaf and yard waste.
B. Other materials. The
Selectmen may add items or materials to this list. The Selectmen may delete
items from this list if they can demonstrate that the market for the item has
deteriorated and/or the cost of processing or storing the item has increased,
such that the total cost of handling and storing the material greatly exceeds
the benefit to the town.
~101 13. Prohibited materials
The following materials are not accepted at the Henniker
Transfer Station/Recycling Center, therefore, they shall not be brought to or
deposited at the Henniker Transfer Station/ Recycling Center:
A. Any quantities of gasoline, alcohol, tar,
flammable or explosive gas or vapor or material or substance which generate or
form a flammable, explosive or combustible substance, fluid, gas, vapor or
mixture when combined with air, water or other substances commonly found in
landfills.
B. Poisons, pesticides, disinfectants or any
other substance likely to generate poisonous substances that may interfere
with, constitute a hazard to or are dangerous to humans, wildlife, animals or
the environment.
C. Any substance containing or labeled as
radioactive wastes or explosive material.
D. Pharmaceutical, pathological or medical
wastes of any nature.
E. Waste or wastewater from an industrial or
commercial process containing toxic or objectionable substances.
F. All asbestos materials.
G. Any material, regardless of composition,
that is listed as a toxic, hazardous or bio-hazardous waste by the State of
New Hampshire or the United States government in any law, rule or regulation.
If a government entity having jurisdiction shall determine that any substance
not now considered harmful, dangerous or toxic is harmful, dangerous or toxic,
such substance shall thereafter be prohibited from the Henniker Transfer
Station/Recycling Center.
H. Junked cars, trucks or other vehicles.
I. Any containers 35 gallons or over
must be cut in half or the end removed. All gas tanks must be cut in half for
the safety of all employees.
~101 14. Household hazardous waste
A. The town may provide the opportunity for the
disposal of household hazardous waste. A list of such materials or items
accepted at household hazardous waste collection is available at the Town
Office or the Henniker Transfer Station/Recycling Center.
B. Townspeople are encouraged to purchase
products that do not contain hazardous wastes.
~101 15. Firearms
No person may discharge firearms at the Henniker
Transfer Station/ Recycling Center without receiving authorization from the
Board of Selectmen or the Henniker Transfer Station/ Recycling Center
Superintendent.
~101 16. User's fees
A. User fees may be established by the Board
of Selectmen for items in accordance with RSA 41:9 A. As the cost of disposal
of an item changes, the Selectmen may change the associated fee. This
procedure shall include holding a public hearing on the proposed fee prior to
its adoption.
B. Users shall pay a special fee for the
disposal of each tire without its rim, construction/ demolition debris,
propane tanks up to 30 lbs. (over 30 lbs. not accepted) and appliances that
utilize an ozone depleting compound (such as most refrigerators, air
conditioners, freezers, etc.).
C. General principles for establishing fees. When
the Board of Selectmen recognizes the need to institute a fee, the following
principles shall be considered:
1. Fees may be established only for items
or materials that have a disposal cost per item.
2. Fees shall reflect handling, disposal
and administrative expenses.
3. All fees will be posted at the Transfer
Station/Recycling Station.
~101-17. General Principals [Effective January
1, 2005]
All commercial haulers will pay a fee for disposal at
the Henniker Transfer Station/Recycler Center and/or Wheelabrator Incinerator
(Penacook) or any other facility used by the Town of Henniker to dispose of
trash.
Fee Schedule:
A. Based on cost per ton at time of
disposal.
B. Monthly payments paid by contractors per
statements issued by the town.
C. Administrative cost of $5 per month will
be assessed to commercial haulers.
~101 18. Recycling Committee
The Waste Advisory Committee shall be renamed the
Recycling Committee and shall continue to be appointed by the Board of
Selectmen. This Committee will assist the town and townspeople in waste
reduction reuse and recycling through research, education, workshops,
instructional programs, cooperative projects, labor assistance or any other
task assigned by the Board of Selectmen.
~101 19. Violations and Penalties
A. Any user (person or corporation) who
fails to comply with the provisions of this Article or who fails to follow the
instructions of the operator or attendants as specified in 101 9 above shall
be guilty of a violation of this article.
B. Any user found guilty of a violation of
this Article shall be subject to a fine, payable to Town of Henniker, of not
more than $500 for each violation as enumerated in RSA 149 M17, II(b), and for
any cost incurred by the town as a result of the violation.
C. Persons authorized to enforce the
ordinance are the Board of Selectmen and the Henniker Police Department.
D. The Board of Selectmen and Henniker
Transfer Station/Recycling Center Superintendent shall have the right to
refuse access to the Henniker Transfer Station/Recycling Center to any person
or corporation who is misusing this facility or violating the provisions of
this Article.
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