07-LA054

2007 -- S 1002

Enacted 06/27/07

A N A C T

PERMITTING THE TOWN OF SOUTH KINGSTOWN TO CREATE A SOLID WASTE MANAGEMENT DISTRICT AND AWARD AN EXCLUSIVE SERVICES CONTRACT FOR RESIDENTIAL SOLID WASTE/RECYCLING COLLECTION AND DISPOSAL SERVICES

Introduced By: Senator V. Susan Sosnowski

Date Introduced: May 10, 2007

It is enacted by the General Assembly as follows:

SECTION 1. Purpose.

(a) The town of South Kingstown desires to award an exclusive services contract for

residential solid waste collection and disposal services to protect the health, safety, welfare, and

environment and to conserve energy and natural resources within the town, and to provide for

uniform residential recycling opportunities, and to otherwise provide for effective solid waste

management practices; and

(b) The finite capacity of Rhode Island's central landfill has been identified as a serious

state-wide cause for concern, whereby communities need to maximize recycling diversion rates

and minimize solid waste disposal in order to extend the life of the landfill; and

rates to the greatest extent possible thereby reducing the amount of solid waste through a volume-

based "pay-as-you-throw" program; and

(d) The town of South Kingstown has determined, through a study commissioned to

evaluate the current solid waste management and recycling program and investigate various

recycling alternatives, that continuing with its existing solid waste practices is not in the

community's best interest. Existing practices promote higher user fees, multiple refuse and

recycling trucks servicing the same streets, and fail to promote residential recycling efforts; and

(e) A majority of communities in the state currently award either a single and exclusive

service contract to one hauler for community-wide solid waste and recycling collection services

or provide the service with municipal staff and equipment that is paid through the community's

tax base; and

(f) The town of South Kingstown desires to award a contract for solid waste collection,

recycling collection, and customer billing to a single refuse hauler within the town in order to

attain its goals of reducing solid waste and promote recycling; and

(g) The disposal and reduction of solid waste and the promotion of recycling efforts is a

documented matter of state-wide concern for the public health and safety which must be

addressed by the town.

SECTION 2. South Kingstown – The town of South Kingstown shall have the authority

to create by ordinance a residential solid waste management district for properties within the town

with four (4) or less residential units, and to provide an exclusive services contract to a single

vendor (contract hauler) in order to reduce solid waste and promote recycling by competitive

negotiation pursuant to section 37-2-19. The selected vendor (contract hauler) shall have the

exclusive right and privilege to provide service to the residences within the town boundaries as of

the effective date of the agreement. The contract may be awarded for up to a five (5) year term.

SECTION 3. All residences within four (4) or less units within the town shall be required

to use the services of the town's contract hauler with the exception of residences that opt to self

haul to the Rose Hill regional transfer station. Residential solid waste collection and disposal by

all other haulers shall be prohibited. The town may impose a fine of two hundred dollars ($200)

per day on companies not under contract with the town for each residence serviced by those

companies within the town.

SECTION 4. Residents will be assessed fixed rates by the contract hauler, which will

include the costs of recycling, to cover fixed program costs. The award of the exclusive services

contract, including all users rates and fees shall be approved by resolution of the town council

which shall give due consideration to: current and projected revenues and expenses; actual and

overhead expenses; the cost of acquiring and replacing equipment; the cost of management

services; the cost of providing for future, additional, or different service; a reasonable return to

the contract hauler for doing business on a percentage of gross receipts; the net cost of reuse and

recycling together with the cost of notice, promotion and education of and for recycling and

reuse; research and development; and such other factors as the council deems relevant.

SECTION 5. Insofar as the provisions of this act are inconsistent with the provisions of

any other law or ordinance, general, special, or local, the provisions of this act shall be

controlling.

SECTION 6. This act, being necessary for the general welfare of the state, the town, and

its habitants, shall be liberally construed so as to effectuate its purposes.

SECTION 7. If any section or part of this act shall be adjudged by any court of competent

jurisdiction to be invalid, that judgment shall not effect, impair, or invalidate the remainder of this

act.

SECTION 8. This act shall take effect upon passage.

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LC03064

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