Town of Wallingford
Solid Waste Ordinance
Petition Procedures
Text
of Ordinance
Text of Ordinance
The
Selectboard of the Town of Wallingford hereby finds and determines that the
control and regulation of the use of the Town Solid Waste Transfer Station is
necessary for the protection of the public health and that it is necessary to
conserve available solid waste disposal capacity as a public resource.
§4102. RESTRICTION ON COLLECTORS
After
the effective date hereof, no person, firm, or corporation, shall solicit for or
engage in the collection of garbage, refuse or other waste materials for pay,
herein referred to as the collection business, nor shall the above mentioned
material be deposited into the Solid Waste Transfer Station by anyone in the
collections business or otherwise without a permit to do so.
§4103. PROPER DUMPING HOURS
After
the effective date hereof, no person, firm, or corporation shall enter the area
designated as the Wallingford Solid Waste Transfer Station before the hour of
its opening or after the hour of its closing or at any time on any day when said
area is not open to the public; and no person shall deposit, dump, or release
garbage, refuse or waste materials of any kind in any area within the Transfer
Station or adjacent to the Transfer Station at any time that the Transfer
Station is not open to the public.
§4104. TRANSPORTATION OF REFUSE
All
persons, firms, or corporations in the collection business shall transport waste
loads in a covered vehicle with tight body and cover and in such manner as to
prevent dropping any part of the load on any street, highway, or lane in the
Town of Wallingford or on private property.
The load shall be kept entirely and securely covered while said vehicle
is in motion.
§4105. TIMELY DISPOSAL OF REFUSE
No
person, firm, or corporation engaged in the collection business shall allow a
vehicle container, or dumpster used by him, her or it to remain unloaded for
more than 168 hours, but shall within that time empty the same at the Town's
Transfer Station as herein provided.
§4106. ILLEGAL DUMPING
After
the effective date hereof no permit holder shall:
(a)
Deposit refuse, garbage, or other waste materials in the Town of
Wallingford other than into the Transfer Station.
(b)
Fail to abide by the lawful instructions of any attendant as to the
dumping of metallic, wooden, or hazardous materials, toxic and radioactive
wastes, motor vehicles, and appliances.
(c)
Fail to pay such fees as may be assigned from time to time in accordance
with the regulations enacted by the Board of Selectmen for the disposal of
demolition materials, trees, tree trunks, stumps, and such other nonresidential
refuse.
(d)
Deposit refuse, garbage, and waste materials generated outside of
Wallingford.
(e)
Deposit unacceptable solid waste into the Transfer Station or dump or
dispose of such waste anywhere within the Town of Wallingford without permission
from the Town of Wallingford. The term “unacceptable sold waste” as used in
this section means:
(1)
Any
material which by reason of its composition, characteristics, and quantity is
hazardous waste as defined in the Resource Conservation and Recovery Act of
1976, 42 U.S.C. 6901 et seq., and the regulations thereunder or, except for
trace amounts normally found in household or commercial waste, any material
which by reason of its composition or characteristics is hazardous waste, a
hazardous substance, or hazardous material as defined in or under any other
Federal, State or local law, and the applicable regulations thereunder
(including, without limitation, the following
laws and the regulations, if any, promulgated under each: the Vermont Waste
Management Act, 10 V.S.A. § 6601 et seq.; the Vermont Water Pollution Control
Act, 10 V.S.A. § 1251 et seq.; the Storage of Radioactive Material Act, 10
V.S.A. § 6501, et seq.; the Toxic Substance Control Act, 15 U.S.C. § 2601.;
the Federal Insecticide, Fungicide and Rodenticide Control Act, 7 IJ.S.C. § 136
et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq.; and
the Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 U.S.C. §9601 et sec.; and any similar or substituted legislation or
regulations or amendments to the foregoing), and any other materials which any
governmental agency or unit having appropriate jurisdiction shall determine from
time to time to be harmful, toxic, or dangerous, or otherwise ineligible for
disposal through the Transfer Station,
(2)
Any
material which would result in process residue being materials described in (1)
above; and
(3)
Agricultural
waste, explosive materials, corrosive materials, pathological waste, offal
(entrails, etc., of butchered animals), radioactive materials, ashes, foundry
sand, mining waste, sewage sludge, cesspool and other human waste, human and
animal remains, motor vehicle, major motor vehicle parts (including
transmissions, rear ends, springs, and fenders), agricultural and farm machinery
and equipment and major parts thereof, marine vessels or equipment, including
thick-walled or solid metallic objects such as castings, forging, gas cylinders
or large motors, solid blocks of rubber or plastic greater than two (2) inches
in diameter, steel or nylon rope, chains, cables or slings more than four (4)
feet long and/or two (2) feet in diameter, tree stumps, liquid waste, including
liquid chemical wastes, sewage and other highly diluted water materials or
substances and those in gaseous form, non-burnable construction materials and/or
demolition debris, or special nuclear or by product materials within the meaning
of the Atomic Energy Act of 1954, as amended, or any other material which: (a)
may present a substantial endangerment to the public health and safety, (b)
would cause applicable air quality or water effluent standards to be violated by
the normal operation of the Station, or (c) because of its size, durability or
composition may materially impair the structure or equipment or has a reasonable
possibility of otherwise adversely affecting the Wallingford Transfer Station.
§4107. FEES/PUNCH CARDS
Use of the Transfer
Station for refuse brought from outside the Town of Wallingford is hereby
forbidden except as otherwise provided.
The
Town of Wallingford, through its Selectboard, may contract with other
municipalities and, upon payment of a negotiated annual fee, may
permit residents of those municipalities who apply, to use the Town Transfer
Station for disposal of refuse and/or recyclables in compliance with permit
requirements and other terms of this ordinance.
Haulers. The Selectboard may enact a policy regarding commercial haulers as
needed.
A punch card must be presented
to a transfer station attendant prior to depositing the bag in the compactor. A
transfer station attendant must punch each punch card as follows:
·
One punch for every kitchen size bag of refuse (15-gallons);
·
Two punches for every 30-gallon bag of refuse;
·
Any bag larger than 30-gallons will require an additional punch.
§4108. FEE SCHEDULE
The Selectboard will set the
fee schedule each year prior to tax bill mailings. Punch
cards will be included in the yearly tax bill. Extra punch cards may be purchased at the Town Hall or at the
Transfer Station.
§4109. ADMINISTRATIVE OFFICER
The Transfer Station
Administrator shall be responsible for the revocation of permits as in §4110 of
this ordinance.
§4110. PENALTIES/VIOLATORS
A
violation of this chapter shall be a civil matter enforced in accordance with
the provisions of 24 VSA 1974a and 1977 et. seq. A civil penalty of not more
than $500 may be imposed for a violation of this civil ordinance, and the waiver
fee shall be set at $50.00 for the first offense, $75.00 for the second offense
within a six-month period, and $100.00 for all subsequent offenses within a
six-month period. Each day of a violation shall constitute a separate violation
of this ordinance. In the event any permit holder violates any provision of this
ordinance three (3) or more times within any consecutive six (6) month period,
such permit shall be revoked and may not be reissued until it is deemed timely
by the Transfer Station Administrator.
§4111. SEVERABILITY
Each
of the provisions of this ordinance is severable and if any provision is held
invalid for any reason, the remaining provisions shall not be affected but shall
remain in full force and effect.
§4112. EFFECTIVE
DATE
This
ordinance shall become effective sixty days after its adoption by the
Wallingford Selectboard. If a petition is filed under 24 VSA 1973, that statute
shall govern the taking effect of this ordinance.
ADOPTED THIS15th
DAY OF OCTOBER 2007
The Wallingford
Selectboard
Petition Procedures
An
ordinance or rule may be disapproved by a vote of a majority of the qualified
voters of the municipality voting on the question at an annual or special
meeting duly warned for the purpose, pursuant to a petition signed and submitted
in accordance with the law. The petition must be signed by not less than five
percent of the qualified voters in the municipality and presented to the
Selectboard or the Town Clerk within 44 days following the date of adoption of
the ordinance by the Selectboard.
When
a petition is submitted, the Selectboard must call a special meeting within
sixty days from the date of receipt of the petition, or include an article in
the warning for the next annual Town Meeting if the Town Meeting falls within
the sixty day period, to determine whether the voters will disapprove the
ordinance or rule.
Not
less than two copies of the ordinance or rule shall be posted at each polling
place during the hours of voting, and copies made available to the voters at the
polls on request. It’s sufficient to refer to the ordinance or rule in the
warning by title.
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