Claremont approves new ordinance prohibiting construction debris in recycling facilities

CLAREMONT — The city council unanimously approved an amended ordinance that prohibits construction and demolition material at permitted recycling facilities in the city on Wednesday.

The ordinance, which specifically states that "the collection, storage or transfer of construction and demolition material and hazardous waste" is prohibited, is now in effect.

The amended ordinance also adds definitions of construction and demolition debris and hazardous waste material, including those listed under state law, and defines a water pollutant as a “chemical or physical agent that may detrimentally alter” the natural condition of a body of water.

It’s not yet clear whether the new ordinance will apply to Acuity Management, the Massachusetts-based owner of Recycling Services on Industrial Boulevard that is seeking New Hampshire Department of Environmental Services’ approval to amend its recycling permit to add construction and demolition materials.

If DES denies the permit, Acuity is expected to formally appeal the decision by the Claremont Zoning Board of Adjustment in August 2022 to deny Acuity’s application for construction and demolition material at the recycling facility where it would be sorted for either recycling or shipment by rail to an out of state landfill.

City officials have said that if DES approves the permit or if Acuity is successful in its court appeal, the new ordinance would not apply. But denial by DES and a court decision in favor of the zoning board would mean Acuity would have to file a new application and in that case, the amended ordinance would apply, the city said.