[Adopted 9-12-1988 by Ord. No. 747 (Secs. 12-20 to 12-37 of the 1979 Code)]
As used in this article, the following terms will be defined as follows:
- The process by which a city or town plans for and carries out the separation, weighing, collection, hauling and disposal of solid waste generated within that city or town.
- BULK ITEM
- An item of solid waste larger than two feet by two feet by four feet or heavier than 50 pounds.
- HAZARDOUS WASTE
- Any waste as defined in the Rhode Island Hazardous Waste Management Act, R.I.G.L. § 23-19.1-4, or in regulations adopted pursuant thereto, and as they may be amended.
- HOUSEHOLD HAZARDOUS WASTE
- Hazardous municipal solid waste.
- LOCAL RECYCLING PROGRAM
- 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
- 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
- Solid waste generated by the residents of a municipality in the course of their daily living, the disposal of which the governing body of the municipality has undertaken in the discharge of its duties to protect the health of the municipality. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.
- RECYCLABLE MATERIALS
- 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.
- Anyone residing in the Town of Johnston for any period of time who generates solid waste for which the Town accepts responsibility for disposal.
- SOLID WASTE
- Garbage, refuse and other discarded solid materials generated by residential, institutional, 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, Chapter 19.1 of the General Laws.
- SOURCE SEPARATION
- 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
- A facility operated by or for a municipality 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
- 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.
There is hereby established a program for the mandatory separation of certain recyclable materials from municipal solid waste by the residents of the Town of Johnston and the collection of segregated municipal solid waste at the resident's curbside, or at other specified locations. The collection of separate recyclables shall be made periodically under the supervision of the Federal Funds Coordinator and Recycling Coordinator.
The Federal Funds Coordinator shall oversee the implementation of this article. The Federal Funds Coordinator shall receive the assistance of the Department of Public Works, the Recycling Coordinator, and the Johnston School Department. One of the prime duties of the Recycling Coordinator shall be to encourage public education about recycling through the media and through the schools.
The Town of Johnston, on advice of the Town Council and the Recycling Committee, shall appoint an individual, either part- 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.
[Amended 6-8-1998 by Ord. No. 1031]
Mixed recyclables. 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 in designated containers. For the purposes of this regulation, the mixed recyclables to be collected are: glass food and beverage containers, newspaper, tin-coated steel cans/steel cans, aluminum, plastic soda bottles and milk jugs. The mixed recyclables to be collected shall also include the following:
Scrap metal: anything that is all metal, empty aerosol cans, paint cans.
Plastics: symbols 1 and 2, juice bottles, deli containers, colored and noncolored detergent containers. [NOTE: Remove all lids; they are not recyclable.]
Milk and juice cartons, and drink boxes.
Mixed paper: mail, envelopes, magazines, catalogs, phone books, writing paper, and paperbacks.
Cardboard: boxes and other corrugated cardboard. [NOTE: Needs to be broken down to 1 1/2 by 2 1/2.] Thin cardboard, for example: cereal boxes, cookie boxes, shoe boxes and toilet paper rolls.
Clothing: towels, linens, curtains, rags, clothing, stockings, handbags, belts, and shoes. [NOTE: No women's shoes. No grease or soiled clothing. No rugs or carpets.]
White goods. The Town of Johnston shall provide for mandatory recycling of white goods.
The Town of Johnston shall prominently publish the initial schedule for said collection and shall publish a new schedule thereafter whenever there is a change in either materials to be collected, collection procedures, or schedules.
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 specified by the Town of Johnston 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 directions published by the Town.
The Town shall require the separation of recyclables as a condition of licensing or authorizing public events at which significant solid waste will be generated for which the Town accepts responsibility for disposal.
Business firms shall be subject to state and federal recycling regulations.
[Amended 8-11-2009 by Ord. No. 2009-13]
All residents, taxpayers and others doing business in the Town of Johnston shall separate recyclables from the nonrecyclable portion of their solid waste and prepare them for recycling according to directions published by the Town.
Any person who generates municipal solid waste or accepts responsibility for collecting, storing, or disposing of municipal solid waste shall segregate their solid waste.
Once municipal solid waste, including recyclables, has been placed at the curbside, such solid waste becomes the property of the Town. No person engaged in the business of 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 Director of Public Works. This restriction shall also include any resident, taxpayer, or other person who might engage in such practice for personal gain.
The Town reserves the right to deny collection of municipal solid waste from any household that shall not comply with segregated recycling regulations and/or shall not set out for collection recyclable containers with required segregated materials therein.
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 Town of Johnston to be in compliance with DEM reporting requirements.
On the second and any subsequent violations for failure to separate recyclable and nonrecyclable materials or for leaving recyclables prepared in a manner inconsistent with the Town's rules for preparation, collectors shall pick up solid waste and attach a notice to refuse containers advising the resident of his or her duties under the law. Trash haulers shall keep a record of the street address of those who receive said warning notices.
[Amended 6-14-2004 by Ord. No. 2004-9]
Collectors shall advise the Town of Johnston of those residents who consistently refuse to separate their solid waste or consistently refuse to prepare recyclable materials in a manner consistent with the Town's rules for preparation. The Town of Johnston shall send a letter to said residents advising of their duty under the law and warning that solid waste collection will cease if the waste is not separated. Finally, if there is no compliance, the Recycling Coordinator shall advise the collectors to leave solid waste at said violator's curbside until separation and/or proper preparation commences.
A noncomplying resident continues to be under a duty to remove his or her solid waste from the street and dispose of same properly so as not to create any 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 of Johnston shall permit or cause any solid waste, including recyclables, within his or her control to become a hazard to public travel, health, or safety, or to become a nuisance of any sort.
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 of 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 of Johnston except as specifically authorized by the Town of Johnston.
This restriction shall also include any resident, taxpayer, or other person who might engage in such practice for personal gain.
The Town of Johnston may issue permits to private parties or charitable organizations to collect recyclable materials on the condition that a report is filed by said party or organization detailing the amount of each material collected, in compliance with DEM reporting requirements and provided that the Town of Johnston determines that said collection does not defeat the purpose or cost effectiveness of the Town's recycling program nor conflict with the Town's local implementation 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 Rhode Island Municipal Recycling Regulations, as amended.
The Town of Johnston 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 DEM.
The Town of Johnston shall give notice to DEM of any significant change in solid waste disposal arrangements.
All qualified persons engaged in the business of collection and hauling of solid waste and operation of transfer stations within 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:
Maintain the segregation of municipal solid waste which they collect or haul;
Maintain any separated recyclables which are brought to state-owned recycling facilities to be delivered in processable condition; and
Deliver to state-owned recycling facilities all separated recyclables which are designated by a city or town to go to such facility.
The Town of Johnston is empowered to supervise, facilitate and contract with either state recycling facilities as mandated by the general laws of the State of Rhode Island 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.