§4101. REGULATION
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.
- 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 10/15/07
Wallingford Selectboard