§ 5-8-2. Definitions.

For the purposes of this article, the following mean:

Acceptable waste .

(a)

All waste, garbage, trash, rubbish, and refuse that is now normally disposed by or collected from residential, commercial, institutional, and industrial establishments, originating within the boundaries of the City; and

(b)

Such types of agricultural, commercial, and light industrial waste originating within the boundaries of the City as are normally collected or disposed of or caused to be collected or disposed of by or on behalf of the City but excluding hazardous waste or unacceptable waste.

Administrator. The City Manager or his/her designee.

Construction and demolition debris. In accordance with State law, Construction and demolition debris defined as: Non-putrescible waste, building materials and rubble which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes and electrical wiring and components, incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.

Designated Facility. A City-designated waste aggregation and transfer facility. The designated facilities are: (1) the Allenstown Transfer Station located at 104 River Road, Allenstown, New Hampshire, 03275 and (2) the Bestway Transfer Station located at 43 Industrial Drive, Belmont, New Hampshire 03220. To the extent that a circumstance prevents the use of the Designated Facilities; the Administrator may identify an alternative site for solid waste disposal.

Disposal. All Licensed Haulers delivering solid waste from the City of Concord to a Designated Facility for disposal shall be charged a tipping fee. The Administrator is authorized to establish and adjust tipping fees.

Hazardous waste.

(a)

Waste containing explosive, toxic, or pathological substances;

(b)

Waste defined or classified as hazardous waste at any time under the Resource Conservation and Recovery Act, as amended (42 U.S.C. 6901, et seq.), N.H. Rev. Stat. Ann. 147-A as amended, or any other applicable federal, state, or local law, or any regulation thereunder, or waste defined by any applicable federal, state, or local law, or any regulations thereunder as low-level or high-level radioactive waste;

(c)

Waste prohibited for incineration by any local, state, or federal agency with jurisdiction over the facility because of its toxic nature;

(d)

Waste (other than acceptable waste of the character referred to in clause (a) of the definition of "acceptable waste") the processing of which would result in hazardous waste under clauses (a), (b), or (c) of this definition; or

(e)

Containers which hold or previously held waste described under clauses (a), (b), or (c) above. If any governmental entity having jurisdiction shall determine that any substances which are not, as of the date of this Article, considered harmful or of a toxic nature or dangerous, are harmful, toxic, or dangerous, such substances shall thereafter be deemed hazardous waste.

License. A license to collect and/or dispose of solid waste within or originating within the municipal boundaries of the City as established in accordance with this Article.

License Application. Form provided by the City that entities must complete to obtain a License.

Licensed Hauler. Any entity engaged in the collection, and/or disposal of solid waste originating in or collected in the City who has obtained a License under this Article.

Solid Waste Appeals Board. A Board comprised of the Deputy City Manager for Community Development, one City Councilor appointed by the Mayor and one citizen appointed by the Mayor. The Board shall hear appeals for any enforcement actions under this ordinance.

Tipping fee. Costs associated with the disposal of the City's solid waste.

Transfer station. The City-designated transfer station, located at 77 Old Turnpike Road, Concord, New Hampshire 03301 or other City-designated location for the aggregate and transfer of acceptable solid waste, subject to weight limitation under Article 5-8-5.1. The Administrator may establish rules relative to the disposal of acceptable waste at the Transfer Station.

Unacceptable waste.

(a)

Pathological and biological waste, oil sludge, cesspool, or other human waste, human remains, street sweepings, large item, or machinery and equipment such as automobile and vehicular parts (except 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, foundry sands, tree stumps, liquid wastes and slurries, explosives (including ammunition and firearms), radioactive materials;

(b)

Any items of waste exceeding six (6) feet six (6) inches 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 (8) inches could be contained within such 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 the facility reasonable believes would pose a threat to health or safety or the processing of which may cause damage to the facility;

(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.

(Ord. No. 2960, § I, 6-13-16)