[Adopted 8-13-1991 by Ch. No. 983 as §§ 6-21
through 6-33 (as amended through Ch. No. 1362)]
In accordance with RIGL 23-18.9-1, the Town
of Westerly recognizes its responsibility to make provisions for the
safe and sanitary disposal of all refuse which is generated within
its boundaries including refuse from residential, commercial, institutional,
and industrial sources. The disposal facility to be used to meet this
responsibility shall be known as the "Town of Westerly designated
solid waste disposal and/or transfer site." To effectively carry out
the Town's responsibility for refuse disposal, the Town Council does
hereby adopt the following governing the collection, hauling and disposal
of refuse within the Town of Westerly.
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 indicates a different meaning:
Garbage, refuse and other discarded solid waste materials
generated by residential, institutional, commercial, industrial and
agricultural sources, originating only within Washington County, but
does not include hazardous waste as defined in the Rhode Island Hazardous
Waste Management Act, RIGL 23-19.1-4, as amended.
Specially colored bags designated by the Public Works Department
to be used for the disposal of residential refuse at the Westerly
Transfer Station.
A person who delivers nonresidential solid waste to the Town
disposal facility which is generated at that person's place of business
or which is a waste product of a person's trade or business.
An individual, partnership or corporation who or which collects,
transports or deposits acceptable solid waste and for that service
charges a fee.
Includes all residents of single-family, seasonal and multifamily
dwellings.
All solid waste produced by residents of single-family, seasonal
and multifamily dwellings and all waste defined as "municipal solid
waste" in RIGL 23-19-5.
Includes all residents of single-family, seasonal and multifamily
dwellings who generate residential waste.
A method of disposing of refuse on land without creating
nuisances or hazards to public health or safety by reducing it to
the smallest practical volume and by covering it with a layer of earth
at the conclusion of each day's operation or at such more frequent
intervals as may be necessary.
A waste disposal facility at which refuse is temporarily
collected or processed for disposal at another facility without creating
nuisances or hazards to the public health or safety.
A.
The Director of Public Works is hereby authorized
to issue rules and regulations necessary to control salvaging and
recycling, and to ensure the efficient operation of the Town's waste
disposal facility and to effectuate the purposes of this article.
B.
Inspection of all vehicles entering the landfill facility
may be made, at any time, by the Director of Public Works or by persons
designated by him.
Hours of operation for the Town's waste disposal
facility shall be as established by the Town Manager and Director
of Public Works with approval of the Town Council.
[Amended 5-27-2003 by Ch. No. 1446; 9-13-2004 by Ch. No. 1505; 2-22-2016 by Ch. No. 1849[1]; 6-29-2017 by Ch. No.
1893[2]]
A.
Residential waste may be disposed of at the Town's
waste disposal facility as follows:
(1)
Westerly/Hopkinton residents who wish to dispose of their own residential
waste at the transfer station must first purchase a Town of Westerly
designated orange bag approved by the Town Department of Public Works
for self-disposal of refuse at the Town's transfer station facility.
(2)
Residents who have trash collected by a permitted hauler will not
be required to use orange bags, except as provided herein.
(3)
Out-of-state trash is strictly prohibited (Set forth
in RIRRC 23-19-13.1.)
(4)
Solid waste haulers with the required permit to operate in the Town may accept for pickup and disposal at the Town's waste disposal facility any residential waste which is not contained in Town-approved bags as defined in § 217-2 of this Article I, provided said residential waste originated within Washington County. Waste haulers who fail to comply with this provision may be subject to all applicable penalties, including permit forfeiture, set forth in § 217-7 and Article III of this chapter.
(5)
Orange-colored bags will be available at designated retail outlets in either thirty-three-gallon capacity or fifteen-gallon capacity, the fees for which shall be as specified in Chapter 121, Fee Schedule.
[Amended 6-25-2018 by Ch. No. 1923; 9-30-2019 by Ch. No. 1976]
(6)
Disposal of certain bulky items, by residents of Westerly and by all other persons entitled to use the facility, which are not currently listed as chargeable items and cannot be placed in the Town-designated trash bag will be charged at the rates specified in Chapter 121, Fee Schedule. The rates shall apply to all loads arriving at the facility in a covered condition. Those loads arriving at the facility in uncovered conditions will be charged two times the quoted rate.
[Amended 6-25-2018 by Ch. No. 1923; 9-30-2019 by Ch. No. 1976]
[Amended 5-27-2003 by Ch. No. 1446; 9-13-2004 by Ch. No. 1505; 2-22-2016 by Ch. No. 1849[1]; 6-29-2017 by Ch. No. 1893[2]; 6-25-2018 by Ch. No.
1923]
A.
The Town of Westerly will accept commercial solid waste and recyclables
from permitted haulers that meet all requirements set forth by the
Director of Public Works or his designee.
B.
Commercial haulers disposing of loads consisting of 100% of the Town-designated trash bags and any solid waste (trash) loads not contained in the Town-approved orange bags (i.e., front/rear/side load compactor trucks, roll-off trucks, pickup trucks), commercial haulers shall be subject to a rate as specified in Chapter 121, Fee Schedule. At time of weigh-in, an address of origin will need to be provided. For solid waste (trash) loads where all parts are generated within the corporate limits of Westerly, and for solid waste (trash) loads where any part originates outside the corporate limits of Westerly, the rates are as specified in Chapter 121, Fee Schedule. Rates for all other commodities accepted from haulers and business users can also be found in Chapter 121, Fee Schedule. Invoicing shall be done monthly. Failure to submit payments on a net thirty-day basis will result in suspension of transfer station facility privileges. The commercial hauler and commercial business user agrees to pay carrying charges of 1 1/2% per month, which the Town may impose on any overdue invoice. Should any invoices be placed for collection, the commercial hauler and commercial business user agrees to pay the cost and expense of collection, including reasonable attorney's fees. The Town reserves the right to reject any load or charge the established commercial rate for such loads which are not consistent with the Town's solid waste ordinances.
[Amended 9-30-2019 by Ch. No. 1976]
C.
The Director of Public Works or his designee has the right to reject
any loads that are not in compliance with Rhode Island Resource Recovery
guidelines or Local, State and Federal Laws.
A.
Permit required. It shall be unlawful for any person to transport
for hire garbage, combustible waste, noncombustible waste, ordinary
waste, ordinary commercial waste or industrial waste on or over the
streets or other public ways of the Town without having first obtained
a permit from the Department of Public Works. All vehicles to be used
for solid waste disposal by the commercial licensee shall be registered
with the Department of Public Works.
[Amended 6-25-2018 by Ch. No. 1923]
B.
Application for commercial hauler permit. Application for a permit to transport garbage, combustible waste, noncombustible waste, ordinary waste, ordinary commercial waste or industrial waste shall be made to the Department of Public Works, which shall issue such permit if the applicant is found to have suitable equipment for transporting such waste and has complied and indicated a willingness to comply with this article and all applicable ordinances of the Town. The annual permit fee shall be as specified in Chapter 121, Fee Schedule, and shall be paid at time of application or renewal.
[Amended 6-25-2018 by Ch. No. 1923; 9-30-2019 by Ch. No. 1976]
C.
Application for business account. Application for a business account to transport garbage, combustible waste, noncombustible waste, ordinary waste, ordinary commercial waste or industrial waste shall be made to the Department of Public Works, along with a deposit fee (nonrefundable) as specified in Chapter 121, Fee Schedule, at the time a permit is obtained. This deposit will be credited toward subsequent solid waste facility charges. An account may be approved if the applicant is found to have indicated a willingness to comply with this article and all applicable ordinances of the Town.
[Amended 9-30-2019 by Ch. No. 1976]
D.
Commercial haulers permit/renewal. A permit or renewal thereof issued
pursuant to this article shall expire on December 31 next following
its issuance. Any permit thereof issued pursuant to this article may
be revoked forthwith by the Department of Public Works upon failure
of the permit holder to comply with all the applicable ordinances
of the Town. Once a permit is revoked, no other permit may be issued
unless the account is in good standing.
[Amended 6-29-2017 by Ch. No. 1893[2]]
[2]
Editor's Note: This ordinance stated that it would take effect
7-1-2017.
E.
Operation of vehicles transporting solid waste. No
person shall operate any vehicle upon a public highway of the Town
of Westerly in which solid waste is carried unless such waste is covered
and/or properly secured to prevent the contents of the vehicle from
falling off and littering the highway. Failure to properly cover or
otherwise properly secure a vehicle load shall result in denial of
access to the Westerly solid waste disposal facility. Inspection of
such vehicle may be made at any time by the Director of Public Works
or by persons designated by him.
F.
Liability insurance. The approval of any application
to any person to transport garbage, combustible waste, noncombustible
waste, ordinary waste, ordinary commercial waste or industrial waste
shall be conditioned upon that person having filed a certificate of
adequate insurance coverage with the application. The limits of coverage
will be determined by the Director of Public Works in consultation
with the Town Solicitor and Director of Finance.
G.
Indemnification. Commercial trash haulers shall agree
to hold the Town of Westerly harmless from any liability associated
with dumping at the Westerly solid waste disposal facility and shall
indemnify the Town of Westerly for any and all claims against the
Town arising out of the use of the Westerly solid waste disposal facility.
H.
Parking of refuse vehicles when loaded. All commercial trash haulers
shall be prohibited from parking vehicles within the Town when containing
refuse or garbage, except when picking up or collecting or en route
to the solid waste disposal facility.
[1]
Editor's Note: This ordinance stated that it would take effect
7-1-2016.
[Amended 5-27-2003 by Ch. No. 1446; 9-13-2004 by Ch. No. 1505[1]; 2-22-2016 by Ch. No. 1849[2]; 6-29-2017 by Ch. No.
1893[3]; 6-25-2018 by Ch. No.
1923; 9-30-2019 by Ch. No. 1976]
A.
All residential users and commercial trash haulers shall pay the fees for the following bulky items originating within the corporate limits of the Town of Westerly as specified in Chapter 121, Fee Schedule, in addition to the fee they may be charged for other waste delineated elsewhere in this article:
(1)
White goods (stoves, washers, dryers, dishwashers, etc.).
(2)
Box springs or mattresses: residents only. Limit three mattresses
per visit.
(3)
Refrigerators, freezers, air conditioners, any appliance
containing freon.
(4)
Upholstered furniture.
(5)
Miscellaneous (boilers, gas heaters, sinks, water heaters, metal
sheds, large cabinets, furnaces, loads of metal, etc.).
(7)
Brush.
(8)
Leaves, grass clippings and hedge trimmings.
(9)
Propane tanks.
(10)
Load handling surcharge.
B.
*All such items originating outside of the corporate limits of the Town of Westerly shall be at a rate as specified in Chapter 121.
C.
Recyclable items. The following recyclable items will be accepted
from Westerly or Hopkinton residents at the transfer station at no
charge:
(1)
Paper and cardboard: clean and dry only.
(2)
(Reserved)
(3)
Glass bottles and jars: Remove metal lids and recycle separately.
(4)
Plastic containers up to five gallons in size.
(5)
Metal cans, foil and lids.
From Westerly residents only:
(6)
Compost, i.e., leaves, grass, weeds.
(7)
Fluorescent light bulbs.
(8)
Plastic grocery bags.
(9)
Textbooks, DVDs, CDs, cassette tapes.
(10)
Cooking oil.
(11)
Motor vehicle oil, filters, batteries.
(12)
Paint: latex and oil-based.
(13)
Clean textiles, i.e., clothing, blankets, etc.
(14)
Small metal objects, i.e., aluminum, copper, brass, steel items.
(15)
Electronic waste.
NOTE: Residents are responsible for sorting recycling to keep
trash and other nonrecyclable items from contaminating recyclables
or they may be charged a fine.
A.
B.
However, other materials which are not expressly listed
in this section and, in the opinion of the Director of Public Works,
can be properly handled by the Westerly solid waste disposal facility
may be deposited at the facility at a special tipping fee established
by the Town Council.
[Amended 2-22-2016 by Ch. No. 1849; 6-25-2018 by Ch. No. 1923; 4-11-2022 by Ch. No. 2019]
A.
Nothing
contained herein shall be construed to prevent or limit the authority
of the Town Council to enter into agreements for the use of the Town
of Westerly solid waste disposal facility or transfer station by residential
users, commercial haulers or business users whose residence or place
of business may be located outside the corporate limits of the Town
of Westerly for the disposal of refuse generated outside the boundaries
of the Town of Westerly.
B.
Special
fees and/or agreements for the processing of items or materials not
regularly or routinely accepted at the Town of Westerly solid waste
disposal facility and for the use of such facility and transfer station
by users and haulers whose residence or place of business may be located
outside the corporate limits of the Town of Westerly may from time
to time be established by the Town Council.
C.
The Town
of Westerly considers all items brought to the transfer station to
be the property of the Town of Westerly and therefore reserves the
right to offer to the public any item free or at a cost.
D.
Each owner
of residential and commercial real property in the Town of Westerly
shall pay an annual permit fee assessed per residential or commercial
unit as a solid waste impact fee.
E.
All non-permit
users must purchase a one-day pass at a fee of $10 per day for any
solid waste or recycling disposal.
F.
On an
annual basis, the operating costs of the Town of Westerly solid waste
disposal facility shall be reviewed and, upon the recommendation of
the Assistant Director of Public Works and with the approval of the
Town Manager, any commercial or residential solid waste disposal fees
may be administratively adjusted to account for changes in said operating
costs.
No scavenging and loitering will be permitted
at the Westerly solid waste disposal facility.
A.
Any person, firm or corporation who or which violates
any of the provisions of this article or any rules and regulations
enacted pursuant thereto shall, upon conviction by the Municipal Court,
be fined no more than $100.
B.
Any person, firm or corporation who or which violates any of the
provisions of this article or rules and regulations that may be enacted
pursuant thereto shall become liable to the Town for any expenses,
loss or damage charged to the Town for such violation.
[Amended 6-25-2018 by Ch. No. 1923]
C.
In the event that a solid waste disposal facility
user violates federal, state or local statutes, ordinances or regulations,
the Town of Westerly shall have the authority to refuse to allow the
disposal of solid waste to be brought to the solid waste disposal
facility and to order the cleanup and removal of unacceptable solid
waste and any solid waste improperly disposed.
