[HISTORY: Adopted by the Town of Wolfeboro
as indicated in article histories. Amendments noted where applicable.]
[Adopted by the Board of Selectmen 6-20-1934]
For the purpose of this article, the following
terms shall have the meanings indicated:
Any material capable of burning or being burned and of such
value as to be considered worthless except for filling or grading.
No person, firm or corporation shall leave, cause, nor allow to be left any combustible rubbish, as defined in § 136-1 of this article, within 200 feet of any building within said town, except that combustible rubbish may be disposed of at such times and at such places as the Board of Fire Wards shall designate. This shall not prohibit any person, firm or corporation from collecting rubbish or waste material for the purpose of filling, provided that said combustible rubbish is kept completely covered with earth, sand or gravel. No person, firm or corporation collecting or allowing the accumulation of combustible rubbish for the purpose of filling, on land owned or occupied by said person, firm or corporation, shall allow said combustible rubbish to remain uncovered for a longer period than 24 hours.
No person, firm or corporation shall leave, cause, nor allow to be left any combustible rubbish, as defined in § 136-1 of this article, on any land of which they are not the occupant, except by permission of the owner or occupant of said land.
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction, be fined not
to exceed $20 for each day such violation shall continue.
All ordinances or parts of ordinances inconsistent
with this article are hereby repealed, and this article shall take
effect 30 days after it is posted.
[Adopted 3-10-1992 ATM by Art. 10]
The Wolfeboro Solid Waste Management Facility
is operated solely for storage, processing and disposal of authorized
solid waste generated within the geographic limits of the Town of
Wolfeboro, as required by RSA 149-M:13, II. Accordingly, this article
is intended to:
A.
Prevent unauthorized entrance and use of the facility.
B.
Prohibit the deposit of illegal and unacceptable waste.
C.
Control the storage, handling, processing and disposal
standards, including but not limited to facility operation, disposal
and improvement of efficiency to maximize the use of the facility.
D.
Establish charges (fees) for the use of the facility.
E.
Require mandatory separation for recycling various
waste materials.
As used in this article, the following terms
shall have the meanings indicated:
Agents, employees or contractors of the Town of Wolfeboro
having the authority to enforce the terms of this article and require
compliance with any other rules and regulations pertaining to the
operation of the Wolfeboro Solid Waste Management Facility.
Large items that cannot be handled by normal solid waste
processing, collection or disposal methods, such as appliances, furniture,
large auto parts, tires and tree stumps when they are not buried on
site in accordance with RSA 149-M:1, XIX.
Nonputrescible waste building materials and rubble.
The discharge, deposit, injection, dumping, spilling, leaking
or placement of any solid waste into or onto any land or water so
that such solid waste or any constituent of it may enter the environment,
be emitted into the air or be discharged into any waters, including
groundwater.
The Town of Wolfeboro Solid Waste Management Facility situated
in the Town of Wolfeboro on Beach Pond Road or any other area that
may be designated as such by the Board of Selectmen.
That solid waste generated solely by a residential household.
Any waste which because of its infectious nature may cause
or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness; or pose
a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of or otherwise
managed.
Any load of solid waste containing a mixture of metal, bulky
waste, including cloth, fabric, etc., demolition debris and building
materials or other solid waste which in the opinion of the facility
attendants requires separation before depositing at the facility.
The collection, storage, processing and redistribution of
separated solid waste so as to return material to the marketplace.
Solid waste as defined by RSA 149-M:1, XIX,[1] namely "any matter consisting of putrescible material;
refuse; or residue from an air pollution control facility; and other
discarded or gaseous material resulting from industrial, commercial,
mining, and agricultural operations, and from community activities."
[For the purpose of this article, reference is made to RSA 149-M and
the rules specified A 147-ENV-Wm 101.01 Applicability,] "It does not
include hazardous wastes as defined in RSA 147-A:2; solid or dissolved
materials in irrigation return flows; cut or uprooted tree stumps,
municipal and industrial discharges which are point sources subject
to permits under Section 402 of the Federal Water Pollution Control
Act, as amended; source, special nuclear or by-product materials as
defined by the Atomic Energy Act of 1954, as amended, or septage or
sludge as defined in RSA 485-A:2, IX-a."
The separation of solid waste at its source in order to permit
recycling or in order to permit the disposition of solid waste at
the facility in a more organized fashion.
[1]
Editor's Note: See RSA 149-M:4, XXII.
The following shall apply to all persons, parties,
companies and corporations using the Wolfeboro Solid Waste Management
Facility:
A.
Entrance to the facility and use shall be permitted
only during normal operating hours.
B.
Stumps, brush, construction debris and demolition
waste generated within the town may be deposited in any legally operated
solid waste facility or private stump disposal site which is under
agreement with the town to accept such solid waste, subject to the
operator's regulations and fees. Brush, construction and demolition
debris may be accepted in accordance with the rules and regulations
pertaining to the operation of the Wolfeboro Solid Waste Management
Facility.
C.
Bulky metals and metal scraps hauled by commercial
carrier will not be accepted at the facility. Such metals should be
taken directly to commercial scrap dealers.
D.
Infectious waste is prohibited at the facility.
E.
The town reserves the right to reject any material
which it considers to be detrimental to the facility operation or
which would require special handling for disposal procedures. Vehicle
parts, vehicle bodies, mounted tires, fuel tanks, fuel cylinders,
drums, home heating oil tanks, liquids (except household motor oil),
hazardous, nuclear, septage and other wastes not permitted by state
regulation to be deposited in the facility are specifically prohibited.
F.
All refuse must be deposited in the appropriate designated
area, in accordance with the instructions of the facility attendants.
Mixed commercial loads are not permitted.
A.
The Board of Selectmen of the Town of Wolfeboro shall
have the authority to establish and revise the fees charged per cubic
yard, including the authority to charge and impose fees for the disposal
of solid waste requiring special handling. Prior to the establishment
or amendment of any such fees, the Selectmen shall hold a public hearing,
notice for which shall be given at least seven days prior to the hearing
by posting in two public places in the town and by publication in
a newspaper of general circulation in the town. The notice shall include
the proposed schedule of fees.
B.
See "Special Fees" under rules and regulations pertaining
to the operation of the Wolfeboro Solid Waste Management Facility.
C.
Handling fees. The Board of Selectmen of the Town
of Wolfeboro shall have the authority to establish and revise handling
fees in the same manner as general fees and special fees. Handling
fees will be assessed to those users who do not separate waste as
set forth in Section 4A of the rules and regulations pertaining to
the operation of the Wolfeboro Solid Waste Management Facility.
A.
The Wolfeboro Board of Selectmen shall have the authority
to amend, set and change the operating days and hours of the Wolfeboro
Solid Waste Facility.
B.
The Wolfeboro Board of Selectmen shall have the authority
to amend the rules and regulations pertaining to the operation of
the Wolfeboro Solid Waste Management Facility where the town is required
or ordered to comply with newly promulgated regulations and laws,
or court orders, issued by the state and federal government. Any such
amendments shall be later voted upon and ratified by a subsequent
Town Meeting.
C.
Before acting upon any amendment to the rules and
regulations pertaining to the operation of the Wolfeboro Solid Waste
Management Facility or before setting or adopting the operating days
and hours of the facility, the Wolfeboro Board of Selectmen shall
hold a public hearing and they shall publish a notice of any proposed
new operational policies or hours of operation by posting in two public
places in the town and by publication in a newspaper of general circulation
in the town at least seven days prior to the implementation of any
new operational procedures or new operating hours. The notice shall
distinctly state the general subject matter.
Any person, firm or corporation violating any
of the provisions of this article shall be guilty of a violation and,
upon conviction thereof, shall pay a civil fine of not more than $3,000
for each offense. Any penalties assessed shall inure to such uses
as the Town of Wolfeboro may direct, pursuant to RSA 149-M.
The invalidity of any provision of this article
shall not affect the validity of any other provision not the validity
of the article as a whole.
