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Recycling and Transfer Ordinance 00-31 11-2-2023

Ordinance #00-31

RECYCLING & TRANSFER
ORDINANCE# 00-31
The Town of Hooksett ordains that, pursuant to the authority granted under Section 3.6 of the
Hooksett Town Charter, the following ordinance is hereby enacted in the Town of Hooksett:

INTRODUCTION

An Ordinance is hereby created establishing control of solid waste in the Town of Hooksett
(Town), implementing rules and regulations for the operation of the Transfer and Recycling and
Transfer Center (Center), curbside collection of trash and collection and setting of fees for the
use of the facilities thereof.
Whereas, the control and regulation of solid waste will serve the public interest, protect the
health and safety of Town residents, and conserve our natural resources, and,
Whereas the Town has authority pursuant to State law and the Town Charter to establish rules
and regulations for the control of solid waste, to establish permit regulations, and to prescribe
penalties for the violations thereof, and,
Whereas it is necessary to establish the rules and regulations for the acceptance of solid waste,
therefore be it ordained by the Town of Hooksett, the County of Merrimack, and the State of
New Hampshire, that a solid waste ordinance is hereby established setting forth regulations
governing the use of the Center and requiring that permits be obtained and fees paid.

SECTION I

DEFINITIONS AND WORD USAGE

As used in this Ordinance, the following terms shall have the following meanings:

ATTENDANTS – Those persons employed by the Town of Hooksett at the Center who shall
have the authority to enforce the term of this Ordinance and require compliance with all the
rules and regulations pertaining to disposal of solid waste at the Recycling and Transfer Center
and collection of fees.

ACCEPTABLE WASTE - Household garbage, trash, rubbish and refuse originating within the
boundaries of the Town, normally collected or disposed of as a result of residential pickups or
deliveries.

APPLIANCES – Large household items to include washing machines, clothes dryers, hot water
heaters, dishwashers, and stoves.

AUTOMATED COLLECTION - Shall mean a method of collecting refuse and recycling through
the use of mechanical collection equipment and special carts issued for the storage and
collection of bagged rubbish and recyclables.

AUTOMATED COLLECTION CART - Shall mean a specially designed cart with wheels and
town seal, issued by the town of Hooksett to be used for the storage of acceptable refuse or
recyclables in the automated collection operation.

BULKY WASTE – Items to include furniture.

CENTER - The Town of Hooksett Recycling Center situated off Route 3A.

COMMERCIAL - Any and all nonresidential activities.
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COMMERCIAL RESIDENTS - Residential abode with more than 3 units.

CONDOMINIUM - A multiple unit dwelling or development containing individually owned
dwelling units and jointly owned and shared areas and facilities, which dwelling or development
is subject to the provisions of Hooksett Town Ordinances.

COMMERCIAL WASTE – Solid waste generated from commercial facilities within the Town of
Hooksett.

CONSTRUCTION DEBRIS - Non-putrescible waste building materials and rubble generated
from construction renovation or demolition activities. Construction debris and demolition waste
also includes building components such as doors, windows and plumbing debris.

CURB LINE - shall mean the area directly behind or adjacent to the curb; in the absence of a
curb, the area adjacent to the edge of pavement or road within 5 feet traveled portion of
roadway.

CURBSIDE COLLECTION - Shall mean the pickup of acceptable bagged trash and recyclables
at certain residences in the Town.

CUSTOMER - Shall mean any resident who delivers waste to the facility or receives trash and
or recycling service from the Town.

DEMOLITION WASTE - See Construction Debris.

DESIGNATED COLLECTION POINT - Shall mean the place where the automated cart shall be
placed for service, as determined by the Recycling and Transfer Department.

DISPOSAL - The discharge, deposit, injection, dumping, spilling, leaking, or placement of any
solid waste into or onto any land or water so that such solid waste or any constituent of it may
enter the environment, be emitted into the air, or be discharged into any water, including
groundwater.

EXTRA REFUSE - Shall mean any refuse placed on, or around automated collection cart in
excess capacity of the automated cart.

FREON BEARING ITEMS - Any appliance containing freon such as refrigerators, air
conditioners, dehumidifiers, wine/beverage coolers etc. Commercial items will be charged at
the commercial rate.

HAZARDOUS WASTE – As defined by RSA 147-A:2, VII. Means a solid, semi-solid, liquid or
contained gaseous waste, or any combination of these wastes: (a) Which, because of either
quantity, concentration, or physical, chemical, or infectious characteristics may: (1) Cause or
contribute to an increase in mortality or an increase in irreversible or incapacitating reversible
illness; or (2) Pose a present or potential threat to human health or the environment when
improperly treated, stored, transported, disposed of or otherwise mismanaged. (b) Or which has
been identified as a hazardous waste by the department using the criteria established under
RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to,
those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which
generate pressure through decomposition, heat or other means. Such wastes do not include
radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended.

HOUSEHOLD HAZARDOUS WASTE - Hazardous waste generated from non-commercial
usage by persons in their living abodes.
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INFECTIOUS WASTE - Any waste which, because of its infectious nature, may cause or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness, or pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, disposed of, or
otherwise managed.

MANDATORY - Officially required.

METAL GOODS (METAL) - Metal goods include aluminum lawn chairs, aluminum windows,
outside grills, residential yard tools drained of fluids and other metallic items that can be readily
recycled and marketed.
MOTOR VEHICLE WASTE - Used motor oil, motor vehicle batteries, antifreeze, and tires from
motorized vehicles.
MULTI-FAMILY RESIDENTIAL PROPERTY - Shall mean more than one (1) but not more than
three (3) dwelling units in a building.
PUTRESCIBLE - Capable of decaying or rotting.
RECYCLABLE MATERIALS - Any item within the Town recycling program which can be
recycled with the intent of reusing that item.
RECYCLING - The collection, storage, processing, and redistribution of separated solid waste
so as to return material to the marketplace.
REFUSE - Any solid waste product which is composed wholly or partly of such materials as
garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes, organic
wastes, and domestic solid wastes.
RESIDENT - A person who is domiciled or has a place of abode in the Town of Hooksett and
who has, through all of his or her actions, demonstrated a current intent to designate that place
of abode as his or her principal place of physical presence for the indefinite future to the
exclusion of all others.
SOLID WASTE - Any matter consisting of putrescible material, refuse, and other discarded or
abandoned material. It includes solid, liquid, semisolid, or contained gaseous material resulting
from industrial, commercial, mining, and agricultural operations and from community activities.
For the purposes of this Ordinance, it does not include hazardous waste as defined in RSA 147-
A:2, infectious waste as defined in this Section, solid or dissolved materials and irrigation return
flows, or municipal and industrial discharges which are point sources subject to permits under
Section 402 of the Federal Water Pollution Control Act, as amended, or source special nuclear
or by-product material as defined by the Atomic Energy Act of 1954, as amended. Solid waste
includes municipal solid waste (MSW) as defined in State Solid Waste Rule ENV-Wm 103.23.
USER FEE - A charge usually by the municipality to users of the Center.
YARD WASTE - Leaves, grass clippings, weeds, hedge clippings, garden waste, and twigs.
SECTION II
CURBSIDE AUTOMATED COLLECTION
Currently any recyclable materials (see current list at hooksett.org) that can be removed from
the waste stream at the curb and recycled at the CENTER, will help in waste and cost
avoidance. The reason for separation is to help control the costs associated with the disposal
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and management of solid waste by diverting as many recyclables from the solid waste stream
as possible. The listing of acceptable materials will be available at the Recycling and Transfer
Center, or online at www.hooksett.org under the Recycling and Transfer Department. (The
Town has suspended automated curbside recycle collection as of October 2019. Both barrels
are being treated as solid waste)
1. The purpose of this section is to establish minimum standards for the storage,
collection, transportation and disposal of solid waste and recycling, utilizing an
automated collection program to promote the health, safety, and welfare of the Town's
residents, employees, and environment, and to minimize the amount of trash generated
in the Town.
2. The Crew Chief shall have the direct responsibility for the administration of this section
subject to the direction and control of the Director of Public Works, Town Administrator,
and the Town Council.
3. The Town will provide curbside collection of residential solid waste from municipal
buildings, single family dwellings, detached dwellings, multi-family dwellings (3 units or
less) situated on separate lots per the policy adopted by September 10, 2003 Town
Council.
4. Two automated collection carts, one for trash, one for recycling, and instructions for use
will be distributed for residents who receive collection services from the Town. Currently
the town does not do curbside recycling, the recycling cart may be used for normal
trash until curbside recycling is resumed.
5. It will be the resident's responsibility to assure that automated collection carts are
placed in the appropriate location designated by the Town, by 7:00 am on collection
day. The Crew Chief or his/her designee shall have the authority to review and approve
or disapprove placement of the collection carts. Alternative sites may be necessary to
safeguard public safety and minimize risk of damage to public or private property during
the collection process.
6. It is the resident's responsibility to remove the automated cart from the curb line by the
end of the collection day.
7. It is prohibited to overload automated carts in a manner that is likely to cause damage
to the collection vehicle, the automated cart or to create a litter condition or to impede
collection. It shall be an infraction to place or deposit any refuse whatsoever in or
around an automated cart owned or provided for the use of another customer without
that customer's approval.
8. The Town shall not be responsible for collection if there are any infractions of any
section of this policy, or if there are any circumstances that are beyond the control of
the Town. Infractions or circumstances include, but are not limited to, automated cart
overload, unacceptable materials, improperly loaded automated cart, blocked access,
automated cart inaccessibility, improper carts or dangerous situations.
9. Automated Carts:
a. All automated carts are the property of the Town of Hooksett and are not to be
removed from the property even in the event of a change in ownership or
resident status. All automated carts will be assigned to a street address and have
an imprinted number for identification purposes. One cart shall be used for trash
and one cart for mixed recyclables.
b. Any repairs to the containers will be performed by the Town. The property
owner/customer shall contact the Recycling and Transfer office to report damage
and request a repair. Containers damaged beyond repair will be replaced by the
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Town. If the containers are subject to neglect or other preventable damage as
determined by the Crew Chief, the Crew Chief will require a charge for the
replacement. The property owners are the ultimate party responsible for all
damages or removed containers by tenants. The owner shall pay the cost of
$80.00 for any replacement containers. The owner should work to educate the
household members on the proper use and maintenance of the containers.
c. All trash and recyclables shall be placed into the appropriate containers so that
the lid can be securely shut. No trash placed on the ground or in any unapproved
containers shall be picked-up by the town. The containers shall not be overfilled
or arranged in any manner that will prevent the lid from remaining closed at all
times to prevent water from filling the container, and access by animals. In the
event of overflow, residents may bring the extra material to the facility or must
wait till the next scheduled collection day.
10. Placement of Carts - It shall be the duty of each customer to place the carts as
follows:
a. Within two (2) feet of the curb line not more than 5 feet from traveled portion of
roadway or where directed by the Town.
b. At least five (5) feet away from all objects such as fences, mailboxes, and utility
poles, and clear of overhanging vegetation, utility wires, etc. to allow for the
unimpeded operation of collection vehicles.
c. So that the automated cart handle is facing the dwelling unit.
d. At least two (2) feet from the other cart.
e. At least ten (10) feet away from parked vehicles.
11. Approved Materials for Automated Curbside Collection
a. All household trash must be bagged before placing into the trash container for
the automated curbside program.
b. ONLY household trash will be collected at the curb. All other material for disposal
must be brought to the Recycling and Transfer Center at 210 West River Rd.
12. Enforcement - Collection
It is the intention of the Department to educate residents as to the value of recycling
and the appropriate procedures for doing so. If, however, a resident or tenant
violates any provision of this section (Section 11) it may result in the issuance of
notices, warnings and possible loss of services.
First Violation - A white sticker will be placed on the barrel noting the discrepancy.
If the violation is the disposal of any unacceptable material, the cost of disposal
(user fee) may be incurred.
Second Violation - A pink sticker will be placed on the barrel noting the discrepancy
and if the violation is the disposal of any unacceptable material the cost of the
disposal (user fee) may be incurred.
Third Violation - A third violation will result in the loss of collection privileges, for an
amount of time determined by the Crew Chief, with approval by the Town
Administrator. The violator shall have the right to appeal to the Town Council.
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SECTION Ill
CONDOMINIUMS
Condominiums will be required to provide for the collection and disposal of domestic trash within
their communities. The Town will reimburse tonnage at a maximum of 21 pounds per unit per
week at the Town budgeted rate (for trash disposal), paid semi-annually, upon submission and
verification of paid invoices by the condominium association. The Town Council may rescind or
amend this section at any time, with the advice of the Recycle and Transfer Advisory
Committee, subject to a Public Hearing.

SECTION IV
RECYCLING AND TRANSFER CENTER
The Center is operated and maintained in accordance with RSA 149-M:17 solely to receive,
transport, and dispose of authorized solid waste generated within the geographical boundaries
of the Town.
These regulations have been recommended by the Recycling and Transfer Advisory Committee
and adopted by the Town Council pursuant to the authority granted the Council by RSA 149-
M:17, II and 31:39, I (f). These regulations are intended to:
1. Prevent unauthorized entrance into and/or use of the Center;
2. Prohibit the disposal of illegal and/or unacceptable waste;
3. Control the disposal of authorized solid waste to facilitate compliance with operating
standards, improve efficiency and productivity, require recycling and reuse of our
resources, and maximize the life of the Center; and
4. Establish permit procedures.
5. The Crew Chief of the Center is authorized to promulgate additional regulations subject
to the approval of the Town Council which may include, but are not limited to, the
following subjects:
a) Separation of solid wastes and other materials;
b) Inspection procedures;
c) Hours of operation; and,
d) Establishing fees.

SECTION V
USE OF CENTER

It is mandatory, that residents, who use the facility to drop off material, will separate all
designated recyclable materials from the solid waste stream and dispose of them in the
approved recycling containers. The reason for separation is to help control the costs associated
with the disposal and management of solid waste by diverting as many recyclables from the
solid waste stream as possible. The listing of acceptable materials will be available at the
Recycling and Transfer Center, or online at www.hooksett.org under the Recycling and Transfer
Department.
1. Permit Required.
a) Permits will be issued for all residents who use the facility if the non-commercial
vehicle is registered in Hooksett.
b) Permits will not be issued to residents who do not have a registered vehicle.
Access will be granted with proof of residency in the way of a bill or license with
Hooksett address.
c) Contractors working for Hooksett residences or businesses, must present letter
documentation from property/business owners they are working for.
Documentation must contain name, address, phone number, signature and
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current date for each trip to the CENTER. Commercial Charges and all rules will
apply.
2. Removal of material: No material shall be removed from the Center without
authorization
3. Designated Areas: Solid Waste shall be disposed of only in the designated areas.
4. Unauthorized Entry: No person shall enter or attempt to enter the Center at times other
than during the posted operating hours.
5. Acceptable Solid Waste: Solid waste which is allowed to be received at the Center
includes refuse, recycling, construction debris and demolition waste, motor vehicle
waste, yard waste, appliances, and scrap metal. Not all Commercial solid waste is
acceptable, please call ahead for approval. User fees may apply. See website at
www.hooksett.org or call facility at 603- 669-5198.
a) Clean demolition, wood, sheetrock (kept separate), asphalt shingles (kept
separate and free of trash)
b) Furniture
c) Metal items and appliances will be accepted. Appliances with freon will be kept
separately
d) Yard Waste (grass clippings, garden waste, leaves must be brought to the
designated area (compost pile). Yard waste brought in plastic bags must be
emptied. No brush clearing will be accepted. Invasive species to be separated
and put into contractor bags and staged separately. See Attendant.
e) Some household hazardous wastes may be brought to the facility. Residents
need to contact the facility to determine if it can be accepted.
6. Unacceptable Solid Waste: Materials which will not be accepted at the Center shall
include, but not be limited to, the following:
a) Hazardous waste. Hazardous waste or material which the Town considers to be
detrimental to the operation of the Center or which require special handling or
disposal procedures.
b) Other. Infectious, pathological and biological waste, radioactive materials, oil
sludges, hazardous refuse of any kind, or other substances which are now or are
hereafter considered harmful, inflammable, hazardous, or toxic, or which would
pose a threat to health or safety, or which may cause damage to or adversely
affect the operation of the Center.
c) Tires on rims.
d) Stumps, logs, and branches.
7. ENFORCEMENT
Use of Recycling and Transfer Facility
It is the intention of the Department to educate residents as to the value of recycling and
the appropriate procedures for doing so. If, however, a resident, tenant or Hooksett
Commercial Business violates any provision of this section it may result in the issuance
of notices, warnings and possible loss of privileges at the facility.

SECTION VI
RECYCLING

The policy of the Center is to promote and encourage recycling within the Town. The recycling
program is intended to facilitate the reuse of resources, reduce operating costs through
avoidance of tipping fee rates, and provide additional income to the Town (when applicable).
Residents, who use the facility, will be required to recycle cardboard. Cardboard is easily
accepted in an area clearly marked. The recycling of other materials is strongly encouraged.
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SECTION VII
PERMIT PROCEDURES

In General, Permits may be obtained during normal business hours at the Center, 210 West
River Road, Hooksett, New Hampshire. All permits shall be nontransferable. Each vehicle
intended for transport of solid waste to the Center must be permitted. Permits must be
prominently displayed on the window of the passenger side of the vehicle, which is bearing solid
waste to be disposed of at the Center.
1. Residential.
i. Any person applying for a permit must present a current vehicle registration
showing residence in the Town
ii. Permits are issued free of charge.
2. Commercial
i. Any commercial entity must call the office for permission to enter the premises
and has proper identification of legal Hooksett address.
ii. Permits will not be issued.
iii. Hooksett commercial entities may use the facility only to bring in solid waste that
is generated in Hooksett.
3. Revocation of Permit:
The Crew Chief may revoke the permit of any holder when a written finding is made that
the holder of the permit or the holder's agent has violated any provisions of these
regulations or any regulations promulgated hereunder. The Crew Chief will provide
written notice of the revocation to the holder of the permit by certified mail. Any person
with such notice of revocation may request a hearing before the Town Administrator
within fifteen (15) days of the receipt of such notice. The Town Administrator will affirm,
reverse, or modify the action of the Crew Chief. The revocation of the permit will be
stayed during the pendency of the appeal.
SECTION VIII
VIOLATIONS AND PENALTIES
Any person or commercial entity violating any provision of this ordinance or any regulation
adopted pursuant to this Ordinance shall:
1. Be subject to a civil penalty not to exceed $3, 000 for each act constituting a violation of
this Ordinance or the regulations adopted pursuant hereto;
2. Be subject to revocation of permission to use the Center;
3. Be liable for all costs incurred by the Town resulting from the violation and enforcement
of this Ordinance, including attorney's fees; and,
4. Be liable for all costs of removal of solid waste improperly disposed of and all costs
incurred by the Town resulting from the improper disposal of waste at the Center.

SECTION IX

FEES

The following disposal fees (user fees) are designed to defray some of the expense incurred by
the Town in administering and operating the Center. The Town reserves the right to update
these fees. Current Disposal Fees can be obtained by calling the office at 603-669-5198 or
checking the website at www.hooksett.org, Recycling and Transfer Division page. Fees will be
reviewed by the Recycle and Transfer Advisory Committee at minimum yearly and will make
recommendations to the Director of Public Works. Fees to be established and approved by the
Director of Public Works with the approval of the Town Administrator, and Town Council per NH
RSA 41:9-a Establishment of Fees.
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Adopted: 6/11/1997
Amended: 3/10/2010
Amended: 10/8/2014
Amended: 5/27/2020
Amended: 11/02/2022
James Sullivan Town Council Chair
Pamela Sullivan Town Clerk