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Pownal residents will have a chance next week to learn more about a newly adopted solid waste/trash ordinance, which takes effect Sept. 26.
Pownal residents will have a chance next week to learn more about a newly adopted solid waste/trash ordinance, which takes effect Sept. 26.
POWNAL — The public will have a chance next week to learn about the town’s newly adopted ordinance regulating the storage and disposal of solid waste and household trash.
An informational hearing is set for Wednesday at 6 p.m. at the town offices on Center Street and via Zoom.
In addition to the Select Board, members of the Planning Commission and Development Review Board — who drafted the ordinance over several meetings prior to the adoption vote by the Select Board — will attend.
The proposal began as an effort to deal with the longstanding problem of trash or solid waste stored within view of neighboring properties, roads and highways.
While the Select Board voted to adopt the new ordinance on July 28, after approvals from planners, the DRB and the town attorney, it won’t take effect until Sept. 26.
“This is an optional public hearing that will be held mostly for informational purposes,” the Sept. 21 meeting notice states. “Unless a petition is filed, in accordance with state statues, this ordinance will become effective on Sept. 26, 2022.”
A petition for a townwide vote to overturn the ordinance would require the signatures of at least 5 percent of registered voters.
Planning Commission member Megan Randall, who wrote most of the first draft of the ordinance, said Thursday that many in town feel the ordinance doesn’t go far enough to address the issues, which can lead to eyesore yards that create a negative image problem for Pownal.
“It’s not as strong as it started out, but this is a good start,” she said of the final version. “I’m proud we got it done.”
Making the town more attractive to passersby, especially along Route 7, was a major goal, she said, to help “make people want to come here and start new businesses here.”
The ordinance is posted in full on the town website.
It states in part: “It is the purpose of this ordinance to regulate the disposal of solid waste, the location and outdoor storage of waste, and household trash in the town of Pownal in order to protect the public health, safety and well-being, and to protect the environment.”
Municipal tickets can be issued by a town enforcement officer if a violation has not been corrected after a written notice. The officer could be the zoning administrator, health officer or someone else appointed by the Select Board.
Possible fines are up to $50 for a first offense, $100 for a second offense, $200 for a third offense, $400 for a fourth offense and $800 for a subsequent offense.
Each day that the violation continues constitutes a separate violation of the ordinance.
Enforcement notices would be through the Vermont Judicial Bureau and Superior Court. The town “may pursue all appropriate injunctive relief,” such as in the collection of fines, the ordinance states.
Solid waste is defined in the ordinance as “any discarded garbage, refuse, septage, sludge from a waste treatment plant, water supply plant, or pollution control facility and other discarded material,” and other waste materials and substances.
“For the purpose of this ordinance, solid waste shall also include marketable recyclables.”
The ordinance also states that as a general requirement, “It shall be the responsibility of each owner, agent, occupant, or lessee to keep his or her property free of litter, refuse, garbage, solid waste and trash. She or he shall be responsible for removing litter, refuse, garbage, solid waste or trash accumulating on said property.”
The ordinance states: “No owner, agent, occupant or lessee of any property shall allow the storage or accumulation of litter, refuse, garbage, waste or trash on the exterior of said property outside of a receptacle that is covered, secured and maintained, so as to prevent blowing, spilling, scattering or leaking of the contents therein.
“Since plastic bags, even when tied, are subject to animal invasion and/or degradation by weather, they do not constitute as a covered and secured receptacle. Accordingly, exterior accumulation of the bags containing trash is not permitted.”
For business owners, it is to be the responsibility “of each proprietor and each operator of any business, industry, or institution to keep their property free of litter, refuse, garbage, solid waste or trash. Surrounding areas include: sidewalks, roads and alleys, grounds, parking lots, loading and unloading areas, and all vacant lots leased by such establishments or institutions. Any accidentally blown or spilled litter or trash shall be promptly removed to a covered receptacle.”
Such material must be screened from view if stored.
“If owner, agent, occupant or lessee deems above-named material to be of use or value, she or he is required to screen it from view of traveled way and abutting property occupants,” the ordinance states.
Screening is defined as “fencing, shrubs, trees or outbuildings so as to hide junk from the view of abutting households or traveled way.”
The issue of tag sales or flea markets that never seem to end also were addressed in the ordinance.
“Outdoor sales (such as tag sales or flea markets) shall not have goods or debris left outside longer than three consecutive days. Seller shall remove all evidence of sale and merchandise by dusk of the day following close of sale, and between all sales. Covering merchandise with a tarpaulin does not fulfill this requirement. Items being put out as free must be removed within two days if not taken.”
The ordinance does not apply to farm stands and outdoor sale of agricultural products.
Jim Therrien writes for Vermont News and Media, including the Bennington Banner, Manchester Journal and Brattleboro Reformer. Email jtherrien@benningtonbanner.com
Jim Therrien reports for the three Vermont News and Media newspapers in Southern Vermont. He previously worked as a reporter and editor at the Berkshire Eagle, the Bennington Banner, the Springfield Republican, and the former North Adams Transcript.
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