Article 03: Curbside Collection Program

118-13 Base Level Service

The implementation of the automated curbside collection program is carried out through the creation of a base level of service that is available to properties identified below. Properties not covered under the base level of service will rely upon individually contracted commercial services for material storage and disposal. The base level service will be carried out utilizing specific containers to be provided by the Town. See 118-15 below for a description of the types and sizing of the containers to be used.

A. The following collection points, all of which must be located on accepted public ways, are eligible for base level curbside collection services provided by the Town:

1. Single and two-family homes.
2. Commercial properties for the collection of recycling only as detailed in Article VII.

B. The following types of properties are not eligible for the base level automated curbside collection service:

1. Condominium/apartment buildings or complexes, or multi-family buildings with three (3) or more individual residential units.
2. Properties that do not/cannot conform to the container requirement discussed in 118-15 below.

118-14 Transition Between Current and Automated Collection Systems

Until such time that the standardized carts for the automated collection system program are distributed, the current curbside collection practices and procedures will remain in effect. The Town reserves the right to phase in the implementation of the automated curbside collection program in order to more efficiently deal with and address operational issues.

118-15 Approved Containers for Base Level Service; Sizing; Maximum Weekly Pick-up; Maintenance

A. The base level automated curbside collection program will be accomplished utilizing specialized containers designed for automated collection. The Town will distribute and maintain one trash and one recycling container for each property eligible for the base level of service at no charge.  Property owners who meet the criteria in (D) below may purchase an additional standardized container from the Town to be utilized with a 6-month subscription sticker purchased at a cost based on the current disposal rate stipulated in the town’s municipal solid waste contract and other related costs as approved within the annual budget. This Town issued sticker is valid for the half year, prorated monthly, based on purchase date, and must be prominently displayed on the cover of the container.

B. Only Town distributed containers shall be used by properties eligible for the base level of service.

C. Containers not conforming to (B) above will not be eligible for the base level of service. Non-conforming materials or ones which do not fit within the volume of the container must be disposed of at the Transfer Station during normal operating hours or held for collection the following week.

D. Special circumstances as determined by the Director may warrant a specific evaluation resulting in a modification in size or number of eligible containers. 

E. Eligible containers are the property of the Town and are assigned to a street address. They are not to be removed from the property even in the event of a change in ownership or resident status.

F. Any repairs to the containers will be performed by the Town. The property owner shall contact Durham Public Works to report damage and request a repair. Containers damaged beyond repair shall be replaced by the Town.

G. The terms of paragraph (F) above aside, if the containers are subject to neglect by the property owner or other damage as determined by the Director, the Director may issue a Notice of Non-Compliance letter to the owner and/or resident indicating that the next repair necessary due to neglect or abuse will result in a charge for the repair or replacement. Similarly, if the containers are improperly removed from the property, the owner may be charged for the next replacement container. The property owners are the ultimate party responsible for all damages or removed containers and the owner should work to educate household members and/or tenants on the proper use and maintenance of the containers.

H. If a container is missing from a specific property, the owner or resident shall contact Durham Public Works and request a new container. Review of container history will indicate replacement eligibility.

118-16 Preparation of Materials for Collection.

A. All trash and recyclables shall be placed in the appropriate containers so that the lid can be securely shut.

B. Materials that are placed beside appropriate containers, or are not in appropriate containers, are not eligible for the base level of service. The containers shall not be overfilled or arranged in any manner that will prevent the lid from remaining closed at all times.

C. Any materials spilled from the appropriate containers shall be the responsibility of the property owner.

D. Trash contained within the appropriate containers shall be bagged to receive the base level of service.

E. Recyclables contained within the appropriate containers shall not be bagged to receive the base level of service. The Town encourages property owners to flatten or cut their cardboard boxes into pieces in order to maximize the volume of the containers. All recyclable items shall be emptied and cleaned prior to placing them into the container.

118-17 Placement of Containers

A. Containers set out for collection shall be placed as close to the street curb as possible without obstructing the roadway or sidewalk, and, in any case, the Director shall have the power to designate the precise point at which containers shall be placed for collection.

B. Unless approved by the Director in accordance with Departmental established requirements, no trash or recycling collection vehicle, under contract to or owned by the Town, shall enter a privately owned driveway, roadway, or lane for the purpose of collecting residential solid waste from a privately owned property.

C. Containers shall be set out for collection by the time designated by the Director.

D. No containers shall be set out for collection prior to the day before collection and no later than 7AM, Eastern local time, on the day of collection. All containers shall be removed from the street by the end of the day established for collection.

E. To reduce litter in periods of emergency or bad weather, the Director is authorized to make changes to collection hours, collection routes and the setting out of trash and recyclable materials.

F. No containers shall be placed within the traveled way. Town staff will not cross over private property to pick up containers, unless approved by the Director.

G. The container handle must be facing inward towards the residence to allow for the collection vehicle to properly handle the container.

118-18 Storage of Recyclable and Non-Recyclable Waste Containers

Except on the day of or the night before scheduled curbside collection, no person shall place any containers of recyclable or non-recyclable waste in any street, alley, or other public place within the Town.  At all other times, containers of recyclable or non-recyclable waste shall be stored on private property in such a manner as to be screened (i.e. obscured from obvious view) from any public way. Applications for relief from the provisions of this section may be made to the Administrator, with a recommendation from the Public Works Director, which may be granted for good cause shown.

118-19 Collection Schedule

The collection schedule for routine pick-up shall be prepared by the Director and the schedule will be available digitally on the Town website or in paper form at Durham Public Works. The holiday collection schedule for the current year shall be determined by the Director and posted by the end of December of the previous year. It shall be available digitally on the Town website or in paper form at Durham Public Works.

118-20 Commercial / Multiunit  Disposal Fee Subsidy Prohibited

The Town shall not pay commercial / multiunit disposal/tipping fees unless the Town contracts such haulers.

118-21 Community Cleanup

The Director shall have the authority, on a case-by-case basis, to provide non-profit, volunteer community cleanup organizations with free disposal of solid waste.

118-22 Offensive Matter 

No owner or person having control of a property shall place, leave, or cause to be placed or left, in or near a highway, street, alley, public place, or wharf or on private property any substance liable to become putrid or offensive, or injurious to the public health, or deposit solid waste in containers or on premises not designated for solid waste disposal. 

118-23 Collectors Not to Enter Premises

No collector shall be required to enter any house, apartment house or other building or ascend or descend any stairway or enter any elevator, hoist or loading platform for the purpose of collecting or removing trash or recyclable materials.

118-24 Waste Not Collected by the Town

Materials eligible for the base level of service in excess of those set out in 118-15 and 118-16 hereof shall be prepared for collection and shall be disposed of by and at the expense of the owner by causing the same to be delivered to the Transfer Station, or a private alternative, as directed by the Director.

118-25 Items Not Acceptable for Curbside Collection During Weekly Operations Include but are Not Limited to:

• Waste materials not properly segregated for recycling
• Hazardous Waste
• Fireplace ash
• Waste Oil / Oil Filters
• Antifreeze
• Bulky Waste
• Yard Waste
• Rocks, dirt, gravel, asphalt, bricks, concrete, sand and other such solid fill
• Construction and Demolition Debris
• Appliances
• Electronics
• Tires
• Unacceptable and Unapproved Waste (as defined in Article I)