[HISTORY: Adopted by the Annual Town Meeting of the Town
of Merrimack 5-11-1989 by Art. 22; last amended by Town Council 12-7-2017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 137.
As used in this chapter, the following terms shall have the
following meanings:
Those persons employed by the Town of Merrimack at the Solid
Waste Facility who shall have the authority to enforce the terms of
this chapter and require compliance with any other rules and regulations
pertaining to the Solid Waste Facility.
Includes, but not by way of limitation, discarded large and
small household appliances, furniture, carpets, mattresses, and white
goods.
Waste generated from construction, renovation, or demolition
activities which may contain bulky, heavy materials, including steel,
wood, roofing shingles, gypsum, metals and plastics. Construction
debris and demolition waste also includes building components such
as doors, windows, and plumbing fixtures.
The management of solid waste that is not salvaged or recycled,
in order to facilitate the final placement of the material.
The Town of Merrimack Solid Waste Facility situated in the
Town of Merrimack on Fearon Road.
Waste as defined by RSA 147-A:2, VII, as amended.
Hazardous waste generated from noncommercial usage by residents
in their household.
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, demolition debris and building materials or other solid waste
which, in the opinion of the facility attendants, requires separation
before disposal at the facility.
Capable of decaying or rotting.
The collection, storage, processing and redistribution of
separated solid waste so as to return material to the marketplace.
Any matter consisting of putrescible material, refuse and
other discarded or abandoned material. It includes solid, liquid,
semisolid or contained gaseous material resulting from industrial,
commercial, mining and agricultural operations and from community
activities. For the purposes of this chapter, it does not include
hazardous waste or infectious waste as defined in this chapter, solid
or dissolved materials and irrigation return flows, septage or sludge
as defined at RSA 485-A:2, IX-a and XI-a, or municipal and industrial
discharges which are point sources subject to permits under Section
402 of the Federal Water Pollution Control Act, as amended, or source
special nuclear or byproduct material as defined by the Atomic Energy
Act of 1954, as amended.
Costs associated with the management and disposal of the
Town's solid waste.
A site or area designated by the Director of Public Works,
within the Town, which accepts waste generated within the borders
of the Town and temporarily stored for transportation by the Town
to a permanent disposal facility.
The Merrimack Solid Waste Facility is operated solely for the
disposal of authorized solid waste generated within the geographic
limits of the Town of Merrimack as required by RSA 149-M, as amended.
Accordingly, these regulations are intended to:
A.
Prevent unauthorized entrance and use of the facility.
B.
Prohibit the deposit of illegal and unacceptable waste.
C.
Control the disposal of authorized solid waste to facilitate compliance
with operating standards, including but not limited to facility operation,
disposal and improvement of efficiency to maximize the life of the
facility.
D.
Establish charges (fees) for the use of the facility.
E.
Encourage the recycling of materials brought into the facility.
The following shall apply to all persons, parties, companies
and corporations using the Merrimack Solid Waste Facility:
A.
Entrance to the facility shall be by permit and disposal shall be
only during normal operating hours.
B.
Stumps, lumber, brush as well as construction debris and demolition waste generated within the Town may be deposited in any legally operated landfill which is under agreement with the Town to accept such solid waste subject to the landfill owner's regulations and fees. Should the Town not have such an agreement, stumps, lumber, brush and construction debris and demolition waste materials may be deposited at designated locations in the Town facility subject to § 163-4 of this chapter.
C.
Bulky metals and metal scraps hauled by a commercial carrier will
not be accepted at the facility. Such metals should be taken directly
to commercial scrap dealers.
D.
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.
E.
Prohibited items include but are not limited to: vehicle parts, vehicle
bodies, mounted tires, fuel tanks, fuel cylinders, drums, home-heating
oil tanks, liquids (except household motor oil), hazardous waste,
nuclear waste, septage, concrete, rocks, ledge, dirt, trees, logs
and stumps exceeding five inches in diameter, infectious waste or
sharps, pool chemicals, hot ashes or any other material capable of
causing ignition or spontaneous combustion and other wastes not permitted
by state regulation.
F.
All refuse must be deposited in the appropriate designated area,
in accordance with the instructions of the landfill attendants. Mixed
commercial loads are not permitted.
G.
Scavenging (picking) is prohibited. The Town may make items available
to the general public at the facility, such as lumber and wood chips.
H.
The Solid Waste attendants may prohibit the deposit of any material
or refuse which they deem to be in violation of these regulations.
This decision may be appealed through written notice to the Director,
Department of Public Works.
A.
Household solid waste generated within the geographic limits of the
Town, but excluding bulky metals and metal scraps in excess of 1,000
pounds, vehicle parts, vehicle bodies, hazardous, nuclear and other
illegal or unacceptable materials, may be deposited at the facility
free of charge, provided that:
(1)
Refuse is hauled in a private (not for hire) vehicle, having a net
legal load limit of 1,000 pounds or less;
(2)
Refuse is properly separated and deposited in designated areas; and
(3)
A current Transfer Station decal, available from the Town Clerk,
the Public Works Administration Office, or at the Transfer Station,
is displayed conspicuously on the driver's side lower interior
windshield to be effective July 1, 2007.
B.
All commercial, industrial and agricultural uses and operations in
the Town of Merrimack shall pay a fee per ton of solid waste to dispose
of solid waste at the facility, as established by the Town Council.
C.
The Town Council shall establish a list of household solid waste
items that will be accepted by the Town upon the payment of a disposal
fee. The list of items and/or disposal fees for the listed items shall
be established and/or modified by the Town Council after a public
hearing at a regular meeting of the Town Council, and they shall publish
a notice of any fee increase in a newspaper of general circulation
in the Town at least 30 days prior to the implementation of any new
or amended fee schedule.
D.
The Town Council of the Town of Merrimack shall have the authority
to revise the fees charged commercial customers per ton, per trip,
or by such other means they should deem fit, including the authority
to charge and impose fees for the disposal of solid waste requiring
special handling. Before the adoption of any such revised fee schedule
or before the imposition of fee collection for the special handling
of certain materials, the Council shall hold a public hearing, and
they shall publish a notice of any fee increase in a newspaper of
general circulation in the Town at least 30 days prior to the implementation
of any increase or implementation of a new fee schedule for the special
handling of certain materials.
E.
Tipping fees charged for household refuse generated in Merrimack
and brought in by commercial haulers shall be the same irrespective
of origin within the Town.
F.
The Town Council may set and adjust disposal fees for the following
items:
(1)
Passenger tires.
(2)
Truck tires.
(3)
Off-road tractor tires.
(4)
Propane tanks (20-30#).
(5)
Refrigerators.
(6)
Air conditioners.
(7)
Electronic equipment, to include TVs, VCRs, DVD Players, CD Players,
computers, monitors, microwave ovens and any other items that contain
electronic components.
A.
The Merrimack Town Council shall have the authority to set and change
the operating days and hours of the Merrimack Solid Waste Facility.
B.
The Merrimack Town Council shall have the authority to amend the
operational procedures and policies of the Merrimack Solid Waste 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 subsequent Town Meeting.
C.
The Merrimack Town Manager shall hear all appeals concerning the
interpretation and application of this chapter. Any such appeals from
orders or directives issued by the facility attendants or the Director
of Public Works shall be presented to the Town Manager within 30 days
from the date of the order or directive.
D.
Before acting upon any amendment to the operational procedures of
the facility or before setting or adopting the operating days and
hours of the facility, the Merrimack Town Council shall hold a public
hearing, and they shall publish a notice of any proposed new operational
policies or hours of operation in a newspaper of general circulation
in the Town at least 30 days prior to the implementation of any new
operational procedures or new operating hours.
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of a violation and, upon conviction
thereof, shall pay a civil fine of not more than $500 for each offense.
Any penalties assessed shall enure to such uses as the Town of Merrimack
may direct, pursuant to RSA 31:39-c, as amended.
