TOWN OF GRAND ISLE

ORDINANCE REGULATING THE COLLECTION AND DISPOSAL

OF SOLID WASTE

The Board of Selectmen of the Town of Grand Isle hereby ordain:

1.      Purpose

To protect the health, safety and welfare of the citizens of Grand Isle and to promote the conservation of natural resources and the wise use of the environment, the Board of Selectmen of the Town of Grand Isle hereby adopt this Ordinance to regulate the separation, recovery, collection, removal, storage and disposition of solid waste, including recyclables in the Town of Grand Isle.

2.      Definitions

“Commercial Recyclables” shall mean: Corrugated cardboard, Boxboard, Newspaper, Office paper, (white & colored), computer paper magazines and catalogs; glass bottles and jars (clear, green, brown), cans (tin, aluminum, steel) plastic  ( #2 milk, cider and water jugs, #2 HDPE colored, #1 PETE, #6 PS).

“Construction/Demolition Debris” shall mean Materials resulting from construction renovation and demolition of buildings.

“Curbside” shall mean an area adjacent to the road not directly on the traveled portion of any town road.

“Designated area” shall mean an area designated for storage of solid waste and recyclables readily accessible at all times.

“Hauler” shall mean any person, corporation, partnership, association or organization authorized to collect solid waste (other than one’s own) within the limits of the Town of Grand Isle.

“Hazardous Waste” shall mean waste materials as defined in 10 V.S.A. Section 6602(4)

“Residential Recyclables” shall mean the same as commercial recyclables

“Resident” shall mean any person whose principal residence is within the Town of Grand Isle; including, but not limited to homeowners, tenants, businesses and corporations.

“Solid waste” shall mean discarded materials as set forth in 10 V.S.A. Section 6602(2).

“Proper Waste Container” shall mean a metal or plastic garbage can or dumpster with a lid that securely fastens, or a securely tied plastic bag.

“Yard waste” shall mean grass, leaves and garden plants

3.      Authority

This ordinance is adopted pursuant to the authority set forth in 24 V.S.A. Section 2291(12) and shall be a civil ordinance.

4.      Public Safety

No person having the custody or control of residential industrial or business premises within the Town of Grand Isle shall permit or cause any solid waste, including recyclables, within their control to become a hazard to public travel, health or safety or to become a nuisance of any sort.  Solid waste, other than yard waste, may not be deposited or otherwise left out doors unless it has been placed in a proper waste container.  

5.       Illegal dumping

a)It shall be unlawful for any person to deposit, dump, or leave solid waste on any public property including roadsides,  in any privately owned or maintained disposal container other than their own, or any other private property, without the consent of the owner.

b)      It shall be unlawful for any person, business or corporation to enter any Town of Grand Isle Transfer Station/Recycling Center when said facility is not open.

c)It shall be unlawful for any person to deposit in a municipally owned or maintained disposal container, any recyclables or hazardous waste or any solid waste other than that generated on the premises.

6.      Open Burning

Open Burning is regulated by the Town Ordinance on Open Fires.

7.      Separation and Collection of Solid Waste and  Recyclables

a)Residential

1)      Residential solid waste shall be placed for collection by haulers in the proper waste containers.

2)      Residential solid waste shall be placed in plastic or paper bags if delivered by residents to the Town Transfer Station for disposal.

3)      Residential recyclables must be prepared and separated from residential solid waste, placed in a collection box and placed at curbside on the scheduled day for collection in accordance with the specifications set by the hauler.

4)      Residential recyclables delivered to the Town Recycling Center must be prepared, separated and placed in the appropriately marked areas in accordance with specifications set by the Board of Selectmen.

b)      Commercial

1)      Commercial solid waste shall be placed for collection in the designated area in the proper waste containers.

2)      Commercial recyclables must be separated from commercial solid waste and placed in the designated area on the day of collection in accordance with a schedule provided by the Hauler. Recyclables shall be prepared in accordance with specifications provided by the Hauler.

c)Brush and Grass Clippings

1)      No brush, trees, stumps, yard and garden organic materials shall be disposed of with Residential solid waste but shall be disposed of in one of the following alternative disposal mechanisms.

2)      Residents are encouraged to recycle yard and food waste in a compost pile, windrow or designated container.

3)      Brush. trees, stumps, yard and garden wastes may be disposed of at the Grand Isle Transfer Station.

d)      Hazardous wastes:  All hazardous wastes generated within the Town of Grand Isle shall be kept separate from the solid waste and must be saved by the user until a collection event for such materials is held; or hazardous waste can be disposed of through a contract with a hazardous waste hauler permitted by the State of Vermont. any person who disposes of hazardous material in any other fashion shall be in violation of this ordinance.

e)Special wastes/Recyclables:  Tires, metal appliances and other scrap metal, c lean wood and construction/demolition debris shall not be disposed of with residential or commercial solid waste. These items must be removed and placed in containers provided at the Transfer Station/Recycling Center. There will be a charge for these items as set by the Board of Selectmen.

8.      Requirements of authorized Commercial Haulers

a)No Commercial hauler shall knowingly collect Residential or Commercial solid waste which does not have recyclables separated from it.

b)      No person shall collect Residential or Commercial Solid waste placed at the curbside or designated area unless they are authorized by the Town. Licenses shall be obtained through the Town Clerks Office. authorization and licenses to collect solid waste or recyclables may be suspended or revoked by the Selectboard for failure to abide by this Ordinance.

c)Commercial haulers shall report to the Town of Grand Isle Clerk any obvious violation of this Ordinance by a resident, hauler or any other person.

d)      Any reject residential solid waste and/or recyclables not properly separated or placed in accordance with these regulations shall be the sole responsibility of that resident and shall be retrieved by the resident within 24 hours, properly separated and placed at the curbside at the next regularly scheduled collection day.

9.      Disposal of waste

a)After Separation of recyclables, hazardous wastes and yard/garden debris, all remaining waste generated within the town of Grand Isle and not collected by an authorized hauler may be transported. to and disposed of by Town Residents at the Town Transfer Station/Recycling Center when it is open.

b)      In accordance with regulations, adopted pursuant to this ordinance, any person within in the Town of Grand Isle may properly dispose of recyclables at private collection facilities or at the Transfer Station/Recycling Center maintained by the Town of Grand Isle.

c)P1acement requirements  may be waived for reasons of age, infirmity or handicap.

10.  Enforcement

The Selectboard:  Any person who violates any provision of this ordinance shall be subject to a civil penalty of up to $500.00 per day for each day that such violation continues.  Any law enforcement officer or other individual designated by the Selectboard to enforce this ordinance may act as an issuing Municipal Official and issue and pursue before the Selectboard a municipal complaint for any violation of any provision of this ordinance.

In addition to the enforcement procedures available before the Selectboard, the Town is authorized to commence a civil action to obtain injunctive and other appropriate relief, or to pursue any other remedy authorized by law.

11.  Penalties

a)      Waiver Fee For Municipal Complaint: The Selectboard is authorized to recover civil penalties in the following amounts for each violation of this ordinance:

First offense - $25.00

Second offense - $50.00

Third offense - $75.00

Fourth offense - $150.00

Fifth and subsequent offenses - $200.00

Offenses shall be counted on a calendar year basis.

a)      Civil Penalty for Ordinance Violation: The Selectboard is authorized to recover civil penalties in the following amounts for each violation of this ordinance:

First offense - $25

Second offense - $50

Third offense - $75

Fourth offense - $150

Fifth and subsequent offenses - $200

Offenses shall be counted on a calendar year basis.

12.  This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59

13.  Severability

Town of Grand Isle Policies & Ordinances --Effective August 19, 2005