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Transfer Station - Recycling Facility Ordinance
TOWN OF FITZWILLIAM
Transfer Station –Recycling Facility

ORDINANCE

Pursuant to the authority of RSA 31:39 and RSA 149.M, the Town of Fitzwilliam hereby adopts the following ordinance for the operation of its public disposal facility to be known as the Transfer Station-Recycling Facility.

A.  HOURS; PERMITS:
The Transfer Station-Recycling Facility will be open for use by residents and non-resident property owners during the following days and hours and under the following conditions:

1.  Admission to the facility will be only by numbered permit issued by the Board of Selectmen upon application to the Selectmen by an appropriate person, business or institution.  Application for permits may be made at the Selectmen’s Office during regular office hours.  Proof of residency or ownership of property must be provided.  All permanent permits must be attached to the windshield of the motor vehicle being used for dumping and be plainly visible.  The Board of Selectmen reserves the right to issue permits at its discretion.  Permits will not be unreasonable withheld.
a)  Permanent Permit: Requires some form of proof of residency (voter checklist, rent receipt, vehicle registration, etc.); permits limited to town per residential property – if, for any reason two permits are not sufficient, then Temporary Permits will be issued.
b)  Temporary Permit: To be issued for time periods not to exceed two (2) weeks; limited to one permit per Fitzwilliam property per two-week time period.  
c)  Non-Resident Permit: For property owners who are non-residents; permits limited to one per residential property – if, for any reason one permit is not sufficient, then Temporary Permits will be issued.
d)  Replacement Permits: Replacements for Permanent and Non-Resident Permits to be issued only upon presentation of original sticker, unless reasonable cause can be shown why this is not possible.
e)  Commercial Hauler Permits: A Commercial Hauler shall mean anyone who hauls materials to the disposal facility for others for a fee; all persons or corporations engaged in the commercial hauling of rubbish materials, etc., must first obtain a permit from the Board of Selectmen.

2.  Permits are issued subject to the terms of this Ordinance and shall be voided for failure to adhere to these terms.

3.  The facility will be open on the following days and hours:
1:00 P.M. to 6:00 P.M.  Tuesday and Thursday
8:00 A.M. to 6:00 P.M.  Saturday
(The Board of Selectmen may, after conducting a Public Hearing, adjust the hours of operation.)


B.  SEPARATION:
All material brought to the facility for disposal shall be separated into the following categories and be deposited in the designated containers or locations as the Transfer Station-Recycling attendants direct:
1.  NEWSPAPER:  Bag in brown paper grocery bags; keep dry.
2.  MIXED PAPER: Magazines, catalogs, junk mail, shoeboxes, can labels, etc.; bag in grocery bags; keep dry; (dirty paper and wax paper go with trash).
3.  CORRUGATED CARDBOARD: Double-walled, heavy duty cardboard boxes and brown paper bags; flatten boxes and bags; remove wrapping tape; keep dry.
4.  GLASS BOTTLES and JARS: Clear, green and brown glass bottles and jars; Rinse clean; remove lids; labels okay; Unbroken.
5.  PLASTIC (HDPE): Opaque colors and white plastic containers: milk, cider, juice and spring water jugs; detergent bottles; rinse clean and remove caps.
6.  PLASTIC (PET): Clear or green plastic beverage bottles, including soda or tonic; rinse clean and remove caps.
7.  ALUMINUM CANS: empty aluminum beverage containers only; rinse clean; do not crush.
8.  SCRAP METAL: Appliances, tools, water heaters, pipes, ducting; remove all non-metal parts; remove gas tanks from lawn mowers and other machinery; remove capacitors from refrigerators.
9.  TIRES:  Shall mean automobile, motorcycle and bicycle tires removed from the wheel or rim.
10.  TREE LIMBS & BRUSH: Shall men all trees or limbs and brush not exceeding five (5) inches in diameter.
11.  BUILDING MATERIALS: Shall mean the refuse from demolished buildings and construction jobs.  
12.  BATTERIES:  Automotive.
13.  USED MOTOR OIL:  In leak-proof containers
14.  PALLETS:  To be stacked neatly by size as directed by the attendant.
15.  FREE EXCHANGE: Books, garage sale leftovers and other miscellaneous usable items may be placed in exchange area during warm-weather months at the discretion of the attendant.
16.  TIN CANS: Rinse clean; labels okay.

C.  UNACCEPTABLE MATERIALS:
1.  Compressed Gas Tanks: Including all oxygen, acetylene, argon, freon, and nitrogen, and any other tanks designed for compressed gas.
2.  Harmful, hazardous or toxic substances.
3.  Sludge or septic waste
4.  Any material which, in the opinion of the Transfer Station-Recycling Attendant, constitutes a serious hazard to other users of the facility, to the property of the Town or to the operation of the Transfer Station-Recycling facility.  This shall include, but not be limited to, any industrial by-products.
5.  Stumps:  To include trees and limbs greater than five (5) inches in diameter; as directed by the attendant.
6.  Construction debris generated by contractors including commercial and industrial users

D.  SUPERVISION:
The Transfer Station-Recycling Attendant shall have the right to refuse the use of the Facility to any person, corporation or other user who, in the judgement of the attendant, is mis-using the Facility or violating this Ordinance or who does not have the proper permit.  Any such user who refuses to obey the legitimate orders of the attendant or becomes physically or verbally abusive, shall be guilty of a violation of this Ordinance.  Any person aggrieved by the Attendant’s decision may appeal to the Road Agent.

E.  BURNING:
No burning shall be allowed at the facility except at the direction and supervision of the Fire Warden.

F.  FIREARMS:
The discharge of firearms is prohibited at the Facility.

G.  ORIGIN OF MATERIAL DISPOSED AT THE FACILITY:
Only material collected within the limits of the Town of Fitzwilliam shall be disposed of at the Transfer Station-Recycling Facility.

H.  TRESPASS:
The gate will be locked at all times when the Transfer Station-Recycling Facility is not open to the public.  Anyone entering the Transfer Station-Recycling Facility when the gate is locked is guilty of trespass and shall be charged with violating the terms of this Ordinance.

I.  FEES:
The following fees will be paid to the Transfer Station-Recycling Attendant before depositing the following items:

9112003_32711_0.png
Any truck over one ton capacity not accepted
                
Receipts will be available.

J.  EXEMPTION:
In extreme circumstances the Board of Selectmen may waive the fees.

K.  AMENDMENTS:
The Board of Selectmen may, after a public hearing, amend any section of this Ordinance to address the needs of the time.  

L.  PENALTY:
Any person or corporation convicted of violating any provision of this Ordinance or the directives of the Transfer Station-Recycling Facility Attendant may be punished by a fine not to exceed Three Thousand Dollars ($3000.00) for each violation, as authorized by N.H. R.S.A. 140-M.  The revenues from this fine will be used to defray the Town of Fitzwilliam’s solid waste expenses.  Any person or corporation convicted of three (3) violations will be denied use of the facility.

M.  DAMAGES:
Any person or corporation convicted of causing any damages to the Transfer Station –Recycling Facility, grounds or equipment may be held responsible for restitution for those damages.

N.  SEPARABILITY:
The invalidity of any provision of this Ordinance shall not affect the validity of any other provision nor the validity of the Ordinance as a whole.

Adopted:        04 April 1990
Amended:        23 May 1990
Amended:        16 January 1991
Amended:        04 November 1992
Amended:        28 April 1999

Thomas F. Parker, Chairman
Michael A. Methe
Katherine H. Metzger
BOARD OF SELECTMEN

 
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13 Templeton Turnpike, PO Box 725 Fitzwilliam, NH 03447
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