Whereas, the Town of Allenstown has determined that in the best interest of its citizens, to provide for the disposal of solid waste through centralized solid waste, refuse-to-energy facility (waste plans): and

Whereas, the Town has entered into an Agreement for Formation of the Concord Regional Solid Waste/Resource Recovery Cooperative (COOP) for the purpose of jointly exercising with other COOP members their power and authority for the disposal of solid waste: and

Whereas, pursuant to the terms of the Service Contract between the COOP and Signal Environmental Services (SE), the COOP is required to deliver minimum quantities of Acceptable Waste (as defined herein) to the Waste Plans; and

Whereas, it is desirable and in the best interests of the public health, safety and welfare of the citizens of the Town for the Town to exercise its authority to control the collection, transportation and disposal of solid waste generated within its borders to ensure the delivery of minimum quantities of Acceptable Waste to the waste plant, and to empower the Board of Selectmen to adopt rules, regulations and fees in furtherance thereof.

Now, therefore, pursuant to the authority granted in NH RSA Chapters 149-M and 47:17 as amended, the Town adopts the following Ordinance to be know as the Town of Allenstown Solid Waste Management Ordinance (SWMO).

Section 1 – Definitions

Acceptable waste – for the purposes of the SWMO means a) household garbage, trash, rubbish and refuse, originating within the boundaries of the Town, normally collected and disposed of, as a result of residential pickups or deliveries; and b) such types of agricultural, commercial and industrial waste originating within the boundaries of the Town as are normally collected or disposed of, but excluding hazardous waste, unacceptable waste and other solid waste.

Commercial – for the purposes of the SWMO, means commercial entities doing business in the Town of Allenstown, including but not limited to, contractors, multi-family dwellings and/or manufactured housing parks of more than three units per parcel, respectively and commercial establishments of any size such as, residential boarding and lodging homes, convalescent and nursing homes, churches, schools, ski areas, motels, inns, restaurants, lounges, retail sales, service businesses, professional offices, manufacturing or automotive related businesses.

Facility – means the transfer station or other sites or areas designated by the Board of Selectmen within or outside the borders of the Town for the delivery or disposal of solid waste collected within the borders of the Town.

Hazardous Waste – means a) waste containing explosive, toxic or pathological substances; b) waste defined or classified as hazardous waste at any time under federal, state or local law, or any regulation hereunder, or waste defined by any applicable federal, state or local law as low level radioactive waste; c) waste prohibited for incineration by any local, state or federal agency because of its toxic nature; d) waste the processing of which would result in hazardous waste under a, b or, c of this definition or e) containers which hold or which previously held waste described under a, b, or c above. If any governmental entity having jurisdiction shall determine that any substances which are not, as of the dateof this Ordinance, considered harmful or of a toxic nature or dangerous, are harmful, toxic or dangerous, such substances shall thereafter be deemed hazardous waste.

Other Solid Waste – means residential white metal goods, household appliances, tires, street sweepings, tree stumps and residential demolition debris.

Residential – means all single-family dwellings and multi-family dwellings consisting of three units or less per parcel.

Unacceptable Waste – means waste that is unacceptable at the Waste Plant such as a) pathological and biological waste, oil, sludge, cesspool or other human waste, human remains, street sweepings, large items of machinery and equipment such as automobile and vehicular parts, tires, trailers, agricultural equipment, marine vessels, or similar items, farm and other large machinery, wire and cable from industrial sources, plastics from industrial sources in excess in total of 5% of the Town’s Waste Plant waste load, foundry sands, tree stumps, liquid wastes and slurries, explosives including ammunition and firearms, radioactive materials, any item of waste exceeding 6’ 6" in any one of its dimensions or being in whole or in part a solid mass, the solid portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such a solid portion; c) animal remains, dirt concrete and other non-burnable construction material and demolition debris and chemicals from industrial and commercial sources

such as cleaning fluids, petroleum products, paints, acids, caustics, pesticides, insecticides, poisons, drugs or other materials the processing of which SES reasonably believes would pose a threat to the health, safety or the processing of which may cause damage to the waste plant; d) any waste which if processed would violate or cause the violation of any judicial decision, order or action of any federal, state or local government or any agency thereof or applicable law; and e) hazardous waste.

Waste Plant – means the Concord Regional Solid Waste/Resource Recovery Cooperative (COOP).

Section II – Regulated Activity

1. All acceptable waste originating or collected within the municipal boundaries of the Town shall be delivered to and deposited at the waste plant or the facility as designated by the Board of Selectmen.

2. The Board of Selectmen are empowered to explore the feasibility of constructing a joint facility with any other surrounding town if so located and costs are allocated on a percentage of use basis.

3. No person shall deliver or cause the delivery of any solid waste originating from outside the municipal boundaries of the Town to the waste plants without the prior written consent of the Board of Selectmen. No person shall deliver or cause the delivery of any unacceptable waste or hazardous waste to the facility. No person shall cause or allow solid waste originating out the Town which is delivered to the Waste Plant by such person to be credited against the quantity of acceptable waste received or accepted at the waste plant for the account of the Town. Any person licensed by the Town of Allenstown to deliver acceptable solid waste to the plant or facility shall haul only acceptable solid waste resulting from within Town borders. No person shall deliver or cause the delivery of acceptable waste to the waste plant in any vehicle with a gross weight of less than 27,000 pounds.

4. All items defined as unacceptable waste, hazardous waste or other solid waste shall be responsibility of the owner or waste generator and shall be disposed at the owner’s or generator’s expense.

5. The Town shall not bear the cost for pickup or transportation of any commercial acceptable solid waste generated in the Town of Allenstown. The tipping fee for all commercial acceptable solid waste delivered to the waste plant shall be paid by the Town.

Section III – Licensing

1. No person shall collect, transport or deliver solid waste originating from within the Town without obtaining a license from the Board of Selectmen, except that a person that collects, transports or delivers solid waste exclusively in a vehicle or vehicles with a gross vehicle weight of less than 8,600 pounds shall not be required by this section to obtain such a license.

2. Any person required by the Ordinance to obtain a license shall make application to the Board of Selectmen providing the information required. Each application shall be accompanied by a non-refundable application fee of $25.

3. The application shall contain all information required by the Board of Selectmen including, but not limited to a description of the activities engaged in e.g. collection, transportation or delivery of acceptable waste; list of commercial customers and size and location of containers, pick up route, designated day and time of pick up, type and amount of waste handled; certificate of insurance with limits of coverage as determined by the Board of Selectmen; a description of the facilities operated and used; and an equipment inventory, including a description of the make, model and year of each vehicle used for the collection or transportation of solid waste.

4. Licenses shall be renewed annually and all information provided in the initial application shall be reviewed upon application for license renewal. If the Board of Selectmen shall determine the application is incomplete, they shall notify the applicant in writing of the specific information necessary to complete it. The Board of Selectmen shall be informed immediately in writing of any changes in or additions to the information required on the application.

5. Licenses issued hereunder shall not be transferable.

6. All licenses shall expire one year from the date of issue unless otherwise stated on the license or revoked or suspended sooner in accordance with the provisions of this Ordinance.

7. The annual license fee shall be $100 for each applicant licensed. In the event the Board of Selectmen denies a license application, they shall notify the applicant in writing and shall state the reasons for the denial. Upon such notice, the applicant may request a hearing in accordance with the procedures in Section V.

Section IV – Suspension and Revocation

1. Any license issued under this Ordinance may be suspended or revoked by order of the Board of Selectmen after the Board shall have notified the licensee in writing of the intent to suspend or revoke, the reasons therefore and the licensee has had the opportunity for a hearing in accordance with procedures in Section V.

2. A hearing authorized by this Ordinance shall be held within 30 days after request by the Board of Selectmen of the written request for a hearing.

3. The licensee or applicant shall be notified in writing as to the time and place of the hearing at least 10 days prior to the hearing date. The applicant or licensee has the right to be represented by counsel, to offer evidence and to cross-examine witnesses.

4. A determination shall be made by the Board of Selectmen within 20 days after the conclusion of the hearing and a notice of the decision shall be served upon the applicant or licensee by certified mail, return receipt requested.

5. A final determination relative to the denial, suspension or revocation of a license and the period of suspension or revocation shall take effect as provided in the notice but no later than 10 days after the date notice of such final determination has been mailed by certified mail to the applicant. Such final determination shall be conclusive. Notice of the final determination shall set forth the reasons for the denial, suspension or revocation and the effective dates thereof, together with a statement that such decision may be appealed as provided in the Ordinance.

Section VI – Amendment

This Ordinance may be amended by the Board of Selectmen subsequent to a Public Hearing subject to the Town’s continuing obligations under the COOP Agreement and the COOP’s obligations under the Service Contract, as the same may be amended from time to time.

Section VII – Effective Date

This ordinance shall become effective upon adoption, provided however, that Section II shall become effective on the date to be designated by the COOP in a written notice to the Board of Selectmen certifying that the Town’s obligation under the COOP Agreement to provide Acceptable Waste to the Waste Plant shall commence on such date. Notice and publication of the date on which Section II shall become effective shall be made by the Board of Selectmen at least 30 days prior to such effective date.

1. Eligibility.
1. The Town provides curbside collection of household solid waste (hereinafter sometimes referred to as trash or garbage) as a service to residents of the Town. In order to be eligible for this service, you must be a resident of Allenstown, live in a residential structure on a public way and dispose of household solid waste in accordance with the rules prescribed herein. Nonresidents, businesses, commercial or industrial enterprises and residents not living on a public way are not eligible for curbside collection.
2. Residents not living on a public way are entitled to dispose of their household solid waste at the transfer station upon obtaining a residential solid waste permit.
3. Businesses, commercial or industrial enterprises and nonresidents maybe permitted to dispose of solid waste at the transfer station at the discretion of the Town and subject to such fees and regulations as the Town may impose. The Town reserves the right to prohibit disposal by businesses, commercial or industrial enterprises and/or nonresidents and require that they dispose of the solid waste at the Waste Plant.

1. Curbside Collection Times

1. Curbside collection normally occurs on Tuesdays and Wednesdays, except in the cases of legal holidays, severe inclement weather, unusually heavy workload or equipment difficulties or malfunction. Household solid waste not collected for any of these reasons will be collected on the next available workday.
2. Household solid waste shall not be placed at the curbside until 5:00 p.m. of the day before scheduled collection or later than 7:00 a.m. the day of collection.
3. The Town is not responsible for household solid waste until it is actually collected. In the event there is a delay in collection, residents are encouraged to take appropriate precautions to secure their trash.

1. Rules of Collection

1. Household solid waste shall be placed in a trashcan no larger than thirty gallons (30 gal) in size, with sturdy handles. Residents are responsible for providing and maintaining their own trash cans and bags. The Town does not sell or provide trashcans or bags for curbside collection.
2. Trashcans shall not weigh more than forty pounds (40 lbs.) When filled and shall be placed at the curbside or end of the driveway. The Highway Department will not remove trashcans or solid waste from structures or porches located near the curbside.
3. Trash cans are replaced by the Highway Department along the curbside and lids, if any are placed in the same location, but will not be replaced on the trash can.
4. The Town is not responsible for loss or damage to trash cans or lids before, during or after collection.
5. Loose household solid waste not placed in trashcans but deposited in secure trash bags which do not exceed forty pounds (40 lbs.) in weight will generally be collected so long as they comply with all other rules of collection and disposal. Cardboard boxes are not an acceptable trash receptacle. The Highway Department is not responsible for gathering, sweeping or collecting loose trash or garbage, which may have been spilled or scattered, from trashcans or bags.
6. Animal waste from household pets including "kitty litter" maybe disposed of at curbside, provided that it is double bagged and placed in a trash can with a lid and does not exceed the forty pounds (40 lbs.) weight limit.
7. Broken glass, needles, syringes and other sharp objects shall be securely enclosed in rigid protective packaging and placed in a trashcan to prevent needle sticks and cuts to Highway Department Employees. Broken glass, needles, syringes, and other sharp objects shall not be disposed of in a trash bag unless the trash bag is placed inside a trashcan.

1. Supplemental Services

1. The Town may schedule seasonal special pickups as listed below for our residential curbside customers, subject to availability of our workforce and disposal facilities. These optional services are generally offered for one week only. Materials are put out on the same day as regularly scheduled rubbish pickup. Advertising in the local newspaper and postings in a number of public places within the Town notify residents-Spring cleanup of yard waste-generally limited to small brush and trimmings from lawn areas (not woodlands)

1. Home Occupations

1. Curbside collection will be made from lawful "Home Occupations" located within the Residential Districts, as defined in the Zoning Ordinance, subject to the limitations contained herein. Curbside collection shall not occur from Home Occupations in any other zone.
2. Home based daycare facilities with greater than (3) three children, in addition to the children residing in the family which occupies the residence, are considered to be a commercial activity and will not be collected.
3. Diaper waste from non-commercial, home daycare facilities must be double bagged, tied, and put out in a trashcan with a lid meeting the residential requirements.
4. Solid waste from Home Occupations shall not exceed the amounts customarily generated by a single-family household. The Town shall exercise reasonable discretion in this matter, and its determination in this regard shall be final. For example, vendors and route sales people may not use Town curbside collection to dispose of packaging, advertising materials, waste product, etc.

1. Recycling

1. The Town is not equipped to separate or collect recyclable materials, at curbside. Residents wishing to recycle should bring their recyclables, already separated, to the Recycling Center at the Transfer Station.

G. Prohibitions

[. The following materials are not accepted for curbside collection:

-Hazardous waste, in any quantity - toxic, explosive, corrosive, and highly flammable materials;

-Motor vehicle parts, including tires, batteries and fluids;

-Animal carcasses;

-Construction and demolition waste;

-Leaves, yard waste, brush, logs, and grass clippings;

-Furniture, large appliances and scrap metals; and

-Electronics, such as computers, radios television, etc.

The Transfer Station, for a fee, may accept these materials.

2. The Town does not provide solid waste collection for businesses, commercial and industrial enterprises or nonresidents. The Transfer Station however, at the discretion of the attendant, may accept household trash, office paper, garbage; cardboard boxes crushed and tied together, grass clippings, leaves, and brush cut in 4-foot sections. Any contractor doing work in Allenstown only may take demolished material to the landfill. In order to gain access to the landfill you must have either a building permit or demolition permit from the Town of Allenstown. Absolutely no material from job sites out of Allenstown will be accepted. Any resident caught bringing in trash from another community will be subject to the fines listed below. Demolition is limited to small items. No mobile homes, complete houses, or barns will be accepted.

1. Penalties

1. Penalties notwithstanding any other provision of State law or Allenstown Municipal Ordinances any violation of paragraphs A thru G of this article shall constitute a violation subject to a fine of not more than $1,000.00 for each offense. Each day of non-compliance shall constitute a separate offense.
2. Any violation of section VIII G.2 shall constitute a misdemeanor and be punishable by a fine of up $2000.00 for each violation. Each day of non-compliance shall constitute a separate offense.

                    Honorable Arthur Houle, Member