149-M:17 Town Responsibility and Authority. –
I. Each town shall either provide a facility or assure access to another approved solid waste facility for its residents. A town may choose whether to include any associated costs in its tax base.
II. (a) A town may make bylaws governing its facility and fixing reasonable rates for its use, and governing the separation and collection of refuse within the municipality and the registration of haulers collecting or disposing of refuse within the municipality, all in a manner not inconsistent with this chapter. Furthermore, a town may make bylaws requiring residents to deposit their refuse in specifically designated bags or containers, or in bags or containers that have attached to them a disposal sticker. Such bags, containers, or disposal stickers shall be sold or made available by the town at a reasonable price.
(b) Notwithstanding RSA 31:39, III, towns are authorized to levy civil penalties up to $3,000 for each act which violates the bylaws enacted pursuant to this paragraph. For violations for which any penalty provided in the bylaws is $500 or less, the official designated in the bylaws as the enforcement authority may issue a summons and notice of fine as provided in RSA 502-A:19-b, except that a copy of the fines for violations of the local bylaws shall be substituted for the uniform fine schedule. Defendants who are issued such summons and notice of fine may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear unless directed by the court.
III. Each town which participates in a solid waste management system developed by a district plan shall present the full amount of its individual cost of participation to its legislative body for funding.
IV. A town may contract, upon a majority vote of its legislative body, with the owners or operators of solid waste disposal facilities for the disposal of solid waste. Such contracts shall be for a term of years not to exceed 40 years. The contracts may contain guarantees of the amount of solid waste to be delivered for disposal, provided that the contract is in keeping with the policy set forth in RSA 149-M:2 and 149-M:3. In the event that a town's delivered tonnage falls below the level stipulated in contract, the town may procure tonnage from sources outside the town, in compliance with the public benefit requirements of RSA 149-M:11 and as provided in the contract. Contracts may contain provisions for payments based on such guarantees whether or not any subject facility is actually constructed or is operated to dispose of solid waste, and may be absolute, without right of reduction or set-off because of non-appropriation by the town or default by the owner or operator. Contracts may contain such other terms and conditions as the town may determine to be in its best interest.
V. A town may transfer, upon a majority vote of its legislative body, any land interest to the owner or operator of solid waste disposal facilities by deed or by lease of not more than 40 years. Transfer and use of land interests for solid waste disposal facilities shall constitute a public purpose for which towns may acquire land interests in any manner permitted by law.
VI. A town which charges fees for the use of a solid waste facility, or for any other type of solid waste disposal services, including collection, hauling, separation, recycling, or composting, may bill such fees to the owner of the property where the solid waste originates, or which is otherwise benefited by such services, irrespective of whether the facility or other services are provided by the town, another town, a combination of towns, a district, or by a private operator with which the town, towns, or district have contracted.
(a) The establishment of such fees shall be governed by RSA 41:9-a, or other applicable statute or charter provision.
(b) Such charges shall create a lien upon the benefited real estate.
(c) A town may collect such charges by the use of any of the collection procedures authorized by RSA 38:22. Interest on overdue charges shall be assessed in accordance with RSA 76:13.
(d) Nothing in this paragraph shall be construed to prevent a town from collecting charges for solid waste disposal services in some other manner, including but not limited to collection at the facility at the time of disposal.
Source. 1996, 251:2, eff. Aug. 9, 1996; 261:8, eff. Aug. 9, 1996, at 12:01 a.m. 2007, 6:1, eff. July 1, 2007.