Ch 106 - Septage
Adopted: March 9, 1999
106·1. Legislative authority; intent.
This Article is adopted pursuant to RSA 31:39 and RSA 147 for the purpose of better regulating and promoting the general health and welfare of the public and toward more prudent operations.
106·2. Authority to adopt rules and regulations.
- The Selectmen are authorized to establish and/or amend reasonable rules and regulations from time to time controlling hauling and disposal and land application of septage. Such rules and regulations may encompass fines for violation of the rules and regulations and all other reasonable rules and regulations necessary and/or appropriate toward the prudential management of said solid waste activity.
106·3. Manner of adoption of rules and regulations; amendments.
- The Selectmen may adopt and/or amend such rules and regulations from time to time, provided that at least two (2) public hearings shall be held, with each hearing having published notices therefor at least two (2) weeks prior to such hearing; after the second hearing, the Selectmen shall vote to adopt and/or amend such rules and regulations and record the rules and regulations so adopted and/or amended with the Town Clerk of Conway, and thereafter the same shall be valid and euforceable. In the notice of the second hearing, the entire proposed rules and regulations or amendments thereto shall be published, aud only nonsubstantive changes may be made after the last hearing.
106·4. Violations and penalties.
- Any violation of any provision of the Article or the rules and regulations promulgated hereunder shall be subject to civil fines and actions as follows:
- First offense: Written notice of violation.
- Second offense: a fine of five hundred dollars ($500).
- Third offense: a fine of one thousand dollars ($1000) and revocation of permit for one (1) month.
- Further offenses: revocation of permit for one (1) year.
- Failure to comply with the penalties, as prescribed above, within five (5) days of notification shall result in the immediate revocation of the permit until such time as the penalty has been complied with.
- Civil fines or actions assessed for a violation more than one year prior to a subsequent violation shall not be considered for purposes of determining whether Or not a second Or subsequent violation has occurred under this ordinance. The date of payment of a civil fine or revocation of the permit shall determine the date of a violation hereunder.
- Should the town find it necessary to take court action regarding any violation of this article, the cost of court action, including the Town's reasonable Attorney's fees, shall be paid to the town upon conviction. The town may also enforce this Article and the rules and regulations promulgated hereunder by injunction, restraining order or other appropriate action where such remedy is appropriate.
106·5. Amendments by Town Meeting and by Selectmen.
- This Article or any rules and regulations promulgated by the Selectmen may be amended by majority vote of the town at any Town Meeting, the warrant for which gives notice of the proposed change. This shall not be deemed to otherwise limit the authority of the Selectmen to adopt and/or amend rules and regulations consistent with the powers and procedure hereunder established or as may be amended at any such town meeting.
- All rules and regulations governing septage shall be in accordance with the most current version of New Hampshire Code of Administrative Rules Env-Ws 1600 Septage Management, here after referred to as the State Rules.
- In Addition to the State Rules, the Town shall require that all septage be screened prior to land application. Screening of the septage shall be performed such that no visible or identifiable plastics or other non biodegradable materials shall be applied to the land.
- All septage Haulers are required to file a copy of their State permit with the Town of Conway. It Shall be the Haulers responsibility to insure that current permits are on file with the Town. Permits are to be filed with the Town's Health Officer.
- The Town's Health Officer shall enforce the provisions of this ordinance.
- Only Domestic Septage from the following towns shall be permitted for land application in the Town of Conway.
Albany, Bartlett, Chatham, Conway, Eaton, Hales Location, Jackson, Madison.
- Domestic septage shall mean septage as defined in 40 CFR 503.9 and shall not include septage from hotels, motels, restaurants, food processing institutions, commercial operations or industrial operations and does not include grease removed from grease traps.