Chapter 5.20 Recycling/Solid Waste

Sections
5.20.010    Establishment of Recycling - Passage of Ordinance
5.20.020    Permits
5.20.030    Compliance
5.20.040    Origin of Material
5.20.050    Recycling Center/Transfer Station
5.20.060    Penalties
5.20.100    No-Cost Recyclable Material
5.20.110    Aluminum Cans
5.20.120    Batteries
5.20.130    Corrugated Cardboard
5.20.140    Glass
5.20.150    Light Bulbs
5.20.160    Metal Food Cans
5.20.170    Mixed Metals
5.20.180    Mixed Paper
5.20.190    Oil
5.20.200    Plastic Bottles
5.20.210    Printer Ink Cartridges
5.20.220    Yard Waste
5.20.400    Fee-Based Recyclable Material
5.20.410    Automotive Batteries
5.20.420    Electronics
5.20.430    Tires
5.20.600    Solid Waste
5.20.610    Household Trash
5.20.620    Demolition Materials
5.20.630    Bulky Waste
5.20.640    Wood
5.20.650    Commercial Solid Waste Haulers - Agreements and Fees
5.20.700    Unacceptable Materials
5.20.710    Hazardous Waste

5.20.010 Establishment of Recycling - Passage of Ordinance
Passed by majority voice vote at the March 14, 1989 Milford Town Meeting.
A by-law establishing mandatory recycling in the Town of Milford; establishing the rules and regulations for the separation of specific materials from the solid waste stream for the purpose of recycling, promulgating rules and regulations for the collection of said specific materials and prescribing penalties for the violation thereof:
WHEREAS, pursuant to the authority vested in the Town of Milford by RSA 31:39 and 149-M:13 (II).
WHEREAS, the separation and removal of certain designated materials for the purpose of recycling, will serve the public interest by reducing solid waste and conserving our material resources; WHEREAS, it is necessary to establish the rules and regulations for the separation, collection and disposal of said designated acceptable materials; and directives of the Town Meeting as well as the responsibility of the Town under RSA 149-M:13; and NOW, THEREFORE, BE IT ORDAINED by the Town of Milford, in the County of Hillsborough and state of New Hampshire that Mandatory Recycling is hereby established as a program for the separation of certain recyclable materials from garbage or rubbish by the residents of the Town of Milford and the collecting of these recyclables.
(Ord. 7-10-06)

  1. Definitions
    1. “recycling” as used herein shall mean the process by which designated materials, which otherwise would become solid waste, are collected, separated, processed, and returned to the economic mainstream in the form of raw materials or products.
    2. “commercial and industrial establishments” as used herein shall be deemed to include all public and private establishments including, but not limited to, those manufacturing, retailing, and/or service establishments; food establishments in business for the purpose of consumption, on or off premises, as well as food distribution and/or processing; and professional and/or corporate entities.
    3. “dwelling unit” as used herein shall be deemed to include any one-family, two-family or multi-family home; apartments and high rises; condominiums and/or cooperatives.
    4. “public or private institutions” as used herein shall be deemed to include all municipal and state government facilities; all religious, educational and healthcare facilities; and all public and/or private civic organizations.
    5. “commercial hauler” as used herein shall mean any business that picks up solid waste and recyclable materials from homes, businesses, or institutions for the purpose of disposal at the Recycling Center/Transfer Station and has a written agreement with the Town.

(Ord. 2012-006, 12-07-23; Ord. 5-23-94 (part); Ord. 3-14-89 § 1)

5.20.020  Permits

  1. Permits are required for the use of the Recycling Center/Transfer Station. Proof is required of a valid vehicle registration in the town for every permit issued. Except for temporary permits, permits will be issued on a biennial basis and will expire on June 30th every other year. These biennial solid waste permits must be attached to the driver’s side of the vehicle’s windshield. Permits may be obtained at the Recycling Center/Transfer Station scale house at no cost.
  2. Temporary permits are available for residents/property owners utilizing the services or vehicles of others for the disposal of their (the residents/property owner’s) solid waste. They may obtain temporary permits at no cost, which shall be valid for a single day at a time provided he or she presents a letter of request for the same duly signed by the resident/property owner. This temporary permit is subject to the requirements in the town’s Recycling/Solid Waste Ordinance.

(Ord. 5-23-94 (part))

5.20.030  Compliance
All owners, lessees and occupants of dwelling units, business, commercial and/or industrial establishments, private, public and governmental institutions and facilities shall separate recyclable materials from the solid waste and shall recycle all recyclable materials.
(Ord. 2012-006, 12-07-23)

5.20.040  Origin of Material
Only material collected within the limits of the town, or such other towns as approved by the Milford Board of Selectmen in an annual agreement, shall be disposed of at the Recycling Center/Transfer Station. Failure to adhere to this shall constitute a violation of this chapter.
(Ord. 5-23 -94 (part))

5.20.050  Recycling Center/Transfer Station

  1. Supervision: The director of public works or his or her designee, shall have the right to refuse the use of the solid waste transfer station to any person, corporation, or other user, who in the judgment of the director or his or her designee, is misusing the transfer station, violating this chapter, or who does not have a proper permit. Any such user who refuses to obey these legitimate orders shall be guilty of a violation of this chapter.
  2. Location, Hours of Operation, and Miscellaneous Provisions
    1. The Recycling Center/Transfer Station is located on North River Road.
    2. The hours of this facility’s operation are posted on the gate and with the Town Hall and Department of Public Works.  The hours are subject to change.
    3. Hours of closure will be determined through a collaborative effort of the Town Administrator, Department of Public Works Director, and the Recycling Center/Transfer Station manager, with the approval of the Board of Selectmen.
    4. Attendants will be present during operational hours. They have the authority to direct the proper placement of both solid waste and recyclable materials, and they may deny use of the facility to any person violating this regulation.
    5. Dumping is strictly prohibited when the Recycling Center/Transfer Station is closed. Persons leaving trash and/or recyclables at the gate or along the roadway when the Recycling Center/Transfer Station is closed will be subject to prosecution for trespassing and/or littering as the case may be.
  3. Trespass: The gate shall be locked at all times when the Recycling Center/Transfer Station is not open to the public. Anyone entering the site when the gate is locked shall be trespassing and shall be charged with violating the terms of this chapter.
  4. Burning: No burning shall be allowed except at the discretion of the fire chief. Recycling Center/Transfer Station brush burning is regulated by New Hampshire Department of Environmental Services rules and guidelines.
  5. Disposal: Unless otherwise indicated in the specific recyclable category, recycled items shall be disposed of in the designated recycling area at the Recycling Center/Transfer Station.
  6. Disposal Fees: Fees are accessed for certain items.  These include vehicle tires; vehicle rims; automotive batteries; Freon-containing refrigerators, air conditioners, and dehumidifiers; propane cylinders; mattresses; computer monitors, CPUs and printers, TVs, VCRs, demolition waste and bulky household waste.  Fees are also assessed to commercial trash haulers.  The fees are posted at the Recycling Center/Transfer Station.  See the attendant for weigh-in before disposing of material subject to a disposal fee, and after disposal of the material to pay the disposal fee.
  7. Disposal Fee Exemption: In special circumstances, fees may be waived by the Board of Selectmen.

(Ord. 2012-006, 12-07-23; Ord. 7-10-06 (part); Ord. 5-23-94 (part))

5.20.060  Penalties
Failure to abide by any term or provision of this chapter shall be considered a violation as defined by NH RSA 625:9 and shall be administered as follows:

  1. A first violation will result in a written warning being given to the violator.
  2. A second violation shall be prosecuted as an offense under the criminal code of the state of New Hampshire and on conviction, a fine shall be levied as further described in Milford Municipal Appendix B – Fines.
  3. A third violation shall be prosecuted as an offense under the criminal code of the state of New Hampshire and on conviction, a fine shall be levied as further described in Milford Municipal Appendix B – Fines, and future admission to the Recycling Center/Transfer Station denied.
  4. In accordance with NH RSA 31:39 III all fines so collected shall inure to the town to defray the costs of solid waste management programs.
  5. Any individual accessing the Recycling Center/Transfer Station after revocation of their access rights to the facility and before instatement of those rights shall be guilty of trespassing.

(Ord. 2012-006, 12-07-23; Ord. 5-23-94 (part))

5.20.100  No-Cost Recyclable Material

  1. Definition - “no-cost recyclable material” as used herein shall include all materials designated by the municipality to be separated from the solid waste stream for the purpose of recycling, which may be recycled at no cost to the individual or business recycling such material, and shall include the following:
  • Aluminum cans
  • Batteries
  • Corrugated cardboard
  • Glass
  • Light bulbs
  • Metal food cans
  • Mixed paper
  • Mixed metals
  • Oil
  • Plastic bottles
  • Printer ink cartridges
  • Yard waste

5.20.110  Aluminum Cans

  1. Definition – “aluminum cans” as used herein shall mean soda or juice beverage containers made entirely of aluminum.
  2. Exclusions - Aluminum cans shall not include:
    1.  Aerosol cans
    2. Aluminum foil
    3. Food trays

5.20.120  Batteries

  1. Definition - “batteries” as used herein shall include the following:
    1. Non-rechargeable batteries
    2. Rechargeable batteries
  2. Exclusions - Batteries shall not include:
    1. Automotive batteries

5.20.130  Corrugated Cardboard

  1. Definition - “corrugated cardboard” as used herein shall mean non-waxed, non-glossy corrugated cardboard boxes and brown paper bags.

5.20.140  Glass

  1. Definition - “glass” as used herein shall include the following:
    1. All glass bottles and jars with no metal attached
    2. Household glass from windows
    3. Broken glass (except auto glass)
    4. Ceramics and porcelain items (without fixtures),
    5. Opaque glass, Pyrex, crystal
    6. Crockery
  2. Exclusions - Glass shall not include:
    1. Auto glass or headlights
  3. Preparation
    1. Glass bottles shall be rinsed clean of all residues and shall have all caps removed.
    2. Labels do not have to be removed from glass bottles
    3. Household glass from windows shall have all wood and/or metal frames removed.
    4. Ceramics and porcelain toilets and sinks shall have all metal fixtures removed.
  4. Disposal - Glass shall be deposited in the glass recycling bins at the recycling drop-off.

5.20.150  Light Bulbs

  1. Definition - “light bulbs” as used herein shall include the following:
    1. Incandescent (household) light bulbs
    2. Fluorescent tube lights
    3. Compact Fluorescent Light (CFL) bulbs
    4. Light-emitting-diode (LED) bulbs
  2. Exclusions - Light bulbs shall not include:
    1. Automotive headlights
    2. Flood lights

5.20.160  Metal Food Cans

  1. Definition - “metal food cans” as used herein shall mean cans made entirely of steel or tin.
  2. Exclusions – Metal food cans shall not include:
    1. Aerosol cans
    2. Aluminum foil
    3. Metal food trays
  3. Preparation
    1. Metal food cans shall be rinsed clean of all residues and shall have all labels removed.

5.20.170  Mixed Metals

  1. Definition - “mixed metals” as used herein shall mean items made entirely of aluminum, brass, copper, cast iron or other metals, or items made entirely of a combination of these metals.

5.20.180  Mixed Paper

  1. Definition - “mixed paper” as used herein shall include the following:
    1. Catalogs
    2. Cereal boxes and outside food cartons
    3. Color printed boxes and cartons
    4. Drawing paper
    5. Envelopes (with and without windows)
    6. Junk mail
    7. Manila folders
    8. Newspapers and inserts
    9. Non-corrugated and printed cardboard, including paper tubes
    10. Notebook paper
    11. Office and fax paper of all colors
    12. Paperback books
    13. Phone books
  2. Exclusions - Mixed paper shall not include:
    1. Blueprints
    2. Carbon paper
    3. Foil or foil-lined boxes
    4. NCR paper
    5. Mylar
    6. Plastic coated paper
    7. Plastic laminated paper
    8. Self-sealing envelopes
    9. Tissues or napkins
    10. Tyvek
    11. Wax coated paper
    12. Food soiled containers

5Definition - “oil” as used herein shall mean new or used automotive oil that has not been mixed with any other substance (i.e. anti-freeze).

  1. Disposal - Oil shall be left in a container at the Recycling Processing Building. Recycling Center/Transfer Station staff shall be responsible for subsequently disposing of the oil.

5.20.200  Plastic Bottles

  1. Definition - “plastic bottles” as used herein shall mean only #1 and #2 plastic bottles whose opening is smaller than the body.  Plastic bottles shall be clean and dry and not include bottle caps.
  2. Preparation
    1. Plastic bottles shall be rinsed clean of all residues
    2. Labels do not have to be removed from plastic bottles

5.20.210  Printer Ink Cartridges

  1. Definition - “printer ink cartridges” as used herein shall include all new or recycled printer ink cartridges.
  2. Disposal - Printer ink cartridges shall be placed in a plastic bag and deposited at the designated area of the Recycling Center & Transfer Station.

5.20.220  Yard Waste

  1. A.  Definition - “yard waste” as used herein shall include:
    1. Leaves
    2. Grass clippings
    3. Garden vegetables
    4. Coffee grinds
  2. Exclusions - Yard waste shall not include:
    1. Woody brush
  3. Disposal - Yard waste shall be deposited at the designated composting area of the Recycling Center/Transfer Station.
  4. (Ord. 2012-006, 12-07-23; Ord. 5-23-94 (part))

5.20.400  Fee-Based Recyclable Material

  1. Definition - “fee-based recyclable material” as used herein shall include all materials designated by the municipality to be separated from the solid waste stream for the purpose of recycling which may be recycled at a cost to the individual or business recycling such material, and shall include the following:
    1. Automotive batteries
    2. Electronics
    3. Tires

5.20.410  Automotive Batteries

  1. Definition - “automotive batteries” as used herein shall include the following:
    1. New or used automotive batteries
  2. Disposal - Automotive batteries shall be deposited in the designated recycling area after the appropriate disposal fee has been paid.

5.20.420  Electronics

  1. A.  Definition - “electronics” as used herein shall include the following:
    1. Computer monitors
    2. Computer CPUs
    3. TVs
    4. VCR and DVD players
    5. Printers
  2. Disposal - Electronics shall be deposited in the electronics recycling storage container after the appropriate disposal fee has been paid.

5.20.430  Tires

  1. Definition - “tires” as used herein shall include the following:
    1. New or used automotive tires made of rubber, on or off the rim
    2. New or used equipment tires (i.e. riding lawn mower, snowblower) made of rubber, on or off the rim
  2. Exclusions - Tires shall not include tires made of non-rubber material.
  3. Disposal - Tires shall be deposited in the designated recycling area after the appropriate disposal fee has been paid.
    (Ord. 2012-006, 12-07-23; Ord. 5-23-94 (part))

5.20.600  Solid Waste

  1. Definition - “solid waste” as used herein shall include all non-recyclable material accepted by the contractor that receives Milford’s solid waste.
  2. Exclusions - Solid waste shall not include:
    1. Hazardous waste as defined in NH RSA 147-A:2, including a solid waste which the generator formally declares in accordance with Env-Wm 502.01(c)(2) to be a hazardous waste and which is subsequently managed as a hazardous waste pursuant to the requirements of NH RSA 147-A
    2. Solid or dissolved materials in irrigation return flows
    3. Cut or uprooted stumps buried on-site with local approval, if required, provided that such burial locations are not located within 75 feet of any drinking water supply
    4. Municipal and industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended
    5. Radioactive materials as defined and regulated by the New Hampshire rules for the control of radiation, He-P 2000 and He-P 4000
    6. Septage as defined in NH RSA 485-A:2, IX-a
    7. Sludge as defined in NH RSA 485-A:2, XI-a, namely “the solid or semi-solid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under NH RSA 14Yard waste
      1. Bodies of deceased persons
      2. Waste-derived products which are certified for distribution and use pursuant to Env-Sw 1500 and actively managed

(Ord. 2012-006, 12-07-23; Ord. 5-23-94 (part))
5.20.610  Household Trash

  1. Definition - “household trash” as used herein shall mean all non-recyclable, non-hazardous waste material accepted by the contractor that receives Milford’s solid waste.

5.20.620  Demolition Materials

  1. Definition - “demolition materials” as used herein shall include:
    1. Glued, painted, varnished, stained or treated wood
    2. Pressed board
    3. Plywood
    4. Shingles
    5. Sheet rock
  2. Disposal - Demolition materials shall be deposited in the designated demolition materials disposal bin after the vehicle with materials has been weighed at the Recycling Center/Transfer Station scale house. Subsequent to disposing of the material, the vehicle shall be re-weighed at the scale house to determine the disposal fee.

5.20.630  Bulky Waste

  1. Definition - “bulky waste” as used herein shall include:
    1. Insulation
    2. Large plastic items
    3. Mattresses and box springs
    4. Padding
    5. Rugs and carpeting
    6. Upholstered furniture
  2. Disposal - Bulky waste shall be deposited in the designated bulky waste disposal bin after the vehicle with materials has been weighed at the Recycling Center/Transfer Station scale house. Subsequent to disposing of the material, the vehicle shall be re-weighed at the scale house to determine the disposal fee.

5.20.640  Wood

  1. Definition – “wood” as used herein shall mean natural brush not exceeding 5” in diameter, unpainted, unstained or unvarnished lumber, and clean pallets.
  2. Exclusions - Wood shall not include plywood or pressboard. (see Demolition Materials)

5.20.650  Commercial Solid Waste Haulers - Agreements and Fees
Commercial haulers as defined in Section 5.20.010 A, 5 shall execute an agreement with the Town of Milford to allow them to dispose of solid waste at the Milford Recycling Center/Transfer Station.  The disposal fee shall be set by the Board of Selectmen and may change from time to time as conditions dictate.
(Ord. 2012-006, 12-07-23; Ord. 5-23-94 (part))

5.20.700  Unacceptable Materials

  1. Definition - “unacceptable materials” as used herein shall mean those materials that are not accepted at the Recycling Center/Transfer Station and shall include:
    1. Cement, bricks, concrete and cement blocks
    2. Sludge or septic water
    3. Stumps
    4. Trees, and limbs greater than five inches in diameter
    5. Veterinary dead animals
    6. Any items precluded by the contactor that accepts Milford’s solid waste
  2. Any material which in the opinion of the director of public works or his or her designee, constitutes a serious hazard to other users of the facility, to the property of the town or to the operation of the solid waste transfer station
  3. (Ord. 5-23-94 (part))

5.20.710  Hazardous Waste

  1. Definition - “hazardous waste” as used herein means any solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes, which (a) May cause or contribute to an increase in irreversible or incapacitating reversible illness; (b) Poses a present or potential threat to human health or the environment if improperly managed: (c) Has been identified as a hazardous waste by the DES Waste Management Division. Hazardous materials include but are not limited to the following:
    1. Anti-freeze, gasoline
    2. Asbestos
    3. Asphalt and driveway sealer
    4. Creosote
    5. Explosives and fireworks
    6. Infectious waste as defined by New Hampshire Code of Administrative Rules, Chapter Env-Sw 900, Management of Certain Wastes, Statutory Authority: NH RSA 149-M:7
    7. Containers of lead/oil base paint, wood preservatives, and varnish
    8. Pathological wastes and any wastes that have had contact with body parts or fluids generated by the care of patients by hospitals, nursing homes, doctors/dentists’ offices, laboratories and health care facilities of any nature. These require certified contractors for disposal.
    9. Pesticides, insecticides, and herbicides
    10. Organic chemicals
    11. Pool chemicals and acids
    12. Propane and gas cylinders
    13. Radioactive waste