Article 01: General

SOLID WASTE

[HISTORY: Adopted by the Town Council of the Town of Durham as Ordinance #93-24 on January 10, 1993. Regulates the Solid Waste Management Facility and the Disposal of Solid Waste, Bulky Waste and Recyclable Materials.  Revised through Ordinance #24-08 on November 4, 2024].

118-1 Statement of Purpose.

The general purpose of this Chapter is to describe the procedures and requirements for the management, handling, and disposal of solid waste generated in the Town of Durham. These provisions shall apply, but not be limited, to all activities at the Transfer Station, recycling, curbside collection, prohibition, and enforcement relative to solid waste management. State and Federal statutes additionally apply to activities in the geographical bounds of the State of New Hampshire and the United States.

The proper management of solid waste is necessary to protect the health, safety, and welfare of the citizens, property owners, and visitors to the Town of Durham.

This revised solid waste ordinance is intended to address operational changes to the Transfer Station and Curbside Collection Program.

118-2 Authority to Establish Rules and Regulations

The Town Council, pursuant to NH RSA 149-M:17, hereby delegates to the Town Administrator [hereinafter the “Administrator”] the authority and responsibility to develop and implement such rules, regulations and procedures as are necessary for the implementation and execution of this Ordinance and the effective and efficient operation of the solid waste management program.

118-3 Administration of Chapter 118

The Director of Public Works [hereinafter the “Director”] shall have responsibility for the administration of this Chapter subject to the direction and control of the Administrator. As deemed appropriate by the Director, certain responsibilities may be delegated to the Assistant Director or other appropriate staff. As outlined in Article II, the Director shall have the full authority to make and enforce certain policies and procedures to effectuate the purpose of this Chapter.

118-4 Definitions

The following definitions shall apply in the interpretation and enforcement of this chapter. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section. Words used in the present tense include the future. The singular number includes the plural, and the plural the singular. Where terms are not defined in this article, they shall have their ordinary accepted meanings or such as the context may imply. The words “shall” and “must” are mandatory, the word “may” is permissive, and the word “should” indicates a preferred or encouraged, but not a required course of action.

Accepted Public Way – A street or road which has been accepted and approved by the Town Council for public use, and which is maintained by the Town.

Administrator – The Administrator for the Town of Durham.

Appropriate Containers – Curbside collection containers that conform to the specifications in Article II of this ordinance.

Ash – The residue of any household fuel after such fuel has been consumed by fire.

Automated Collection Program – The curbside solid waste collection program implemented by the Town of Durham which utilizes automated, or semi-automated, collection trucks to hoist specialized containers and collect their contents with mechanical arms.

Base Level of Service – The collection service being provided to eligible properties, as defined in the Ordinance, for the collection and disposal of trash and recyclable materials.

Bulky Waste – Items that cannot be handled by normal solid waste collection, as determined by the Director, that require special handling and a bulky waste coupon from Durham Public Works. Some examples include, but are not limited to rugs, furniture, large rigid plastic items, and mattresses.

Bulky Waste Coupon – A coupon required at the Transfer Station for disposal of items as specified in Article IV of this ordinance.

Commercial – Business enterprises or activities in business with a profit motive, including apartment buildings and condominiums, containing three or more dwelling units.

Construction/Demolition Waste - Solid waste resulting from new building construction, additions to existing buildings, renovations, repairs, modifications, demolitions, and/or maintenance of existing building and/or appurtenances. These items cannot be handled by normal solid waste collection, as determined by the Director, and require special handling and a bulky waste coupon from Durham Public Works. The term does not include asbestos waste, trash, asphaltic pavement, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, scrap metal, and fuel tanks. This is not intended to be a complete list of excluded items, and further clarification can be obtained from Durham Public Works.

Courtesy Notice – A notice, issued by the Director or Code Enforcement Officer under the Enforcement provision of Article II, to inform a resident or property owner that they are not in compliance with one or more provisions of this Ordinance. This notice may be used as the first step in the overall enforcement process and is intended to be an education and informational reminder for the proper handling and management of solid waste by the property owner.

Disposal – The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or onto any land or water with the possible result that such solid waste or any constituent of it may enter the environment, be emitted into the air, or be discharged into any waters, including groundwater.

Durham Resident Sticker – A dated decal issued annually by the Town to a resident, as defined in this ordinance.

Electronics/Appliance Sticker - A sticker required at the Transfer Station for disposal of items as specified in Article IV of this ordinance.

Formal Notice of Non-Compliance – A notice, issued by the Town’s Code Enforcement Division under the Enforcement provision outlined in Article 02, to inform a resident or property owner that they are not in compliance with one or more provisions of this Ordinance. This notice may be used as the first or second step in the overall enforcement process, and the issuance of multiple formal notices can result in loss of service, penalties, or enforcement actions as outlined in this Ordinance.

Hazardous Waste - Waste materials that have been identified by the State of New Hampshire in RSA 147-A:2, VII.  

Integrated Waste Management Advisory Committee (IWMAC) – The committee established by the Town Council to advise the Administrator and Director of policy related issues.

Multi-Unit – A building and accessories thereto principally used, designed or adapted with three (3) or more dwelling units, each of which has separate living quarters.

Neglect – The misuse of a Town-issued container that results in breakage or other damage to the container so it cannot be properly used to store materials. For instance, the lid of the container is removed, the lid or container body is significantly cracked, the wheels do not function, it cannot be picked-up by the collection vehicle, the container is defaced, or it is otherwise rendered inoperable.

Permit – A document issued by the New Hampshire Department of Environmental Services’ Solid Waste Division that regulates the operation of the Transfer Station.

Recyclable Materials – For the purposes of this Ordinance, this is collectively all the materials accepted by the Town for recycling and which will be transported to firms contracted by the Town for recycling purposes. Acceptable items may change due to market and economic conditions as specified by the Director.

Resident - A Durham resident is someone who owns property in Durham, has legal identification showing Durham as their place of residency, or registers their motor vehicle in Durham, and/or meets the requirements of resident as defined in RSA 21:6.

Residential Unit – An individual residential unit used for habitation. A single-family home is one unit; a two-family structure is a two-unit building; and a multi-unit building, or complex, is designated by the number of individual units.

Scavenging – The removal of, or the rummaging through, any form of solid waste (any recyclable or non-recyclable material) from any container that has been placed at the curbside for collection by the Town or deposited at the Transfer Station.

Solid Waste – Any abandoned or discarded material, excluding hazardous waste, nuclear waste, sludge and septage, certain types of point source discharges, and yard waste. For further exclusions to solid waste regulations, see NH RSA 149-M, and EPA 40 CFR section 261.4(a). These excluded forms of waste have other regulations beyond solid waste.

Street – Any public highway, road, street, lane, alley, square, place, thoroughfare, or way within the Town of Durham.

Temporary Entrance Letter – A dated paper letter from Durham Public Works that allows an alternate vehicle, and/or person, to utilize the Transfer Station on behalf of a resident. This permit will state the reason for an alternate vehicle to be utilized and may require a verification of material origin if required by the director.

Town – The Town of Durham, New Hampshire.

Town Council – The legislative body for the Town.

Transfer Station – A Town owned parcel of land located at 100 Durham Point Road, known as the Raymond A. LaRoche Sr. Transfer Station and Recycling Center. This is a solid waste collection, storage, and transfer facility, which collects, stores, and transfers solid waste, including non-recyclable waste.

Trash – The general non-recyclable household solid waste that is generated by a residential dwelling unit or a commercial property, excluding commercial and industrial waste, bulky items, construction and demolition debris, food waste, electronic waste, non-hazardous contaminated soils, asbestos waste, end-of-life motor vehicles, infectious waste, or animal carcasses.

Unacceptable and Unapproved Waste – Waste designated by an applicable Town Ordinance, any State or Federal statute, law, permit, or by firms contracted with the Town to handle and dispose of the collected solid waste.

Yard Waste: Leaves, grass clippings, garden debris, and small or chipped branches.