Town of Marshfield, MA Article I Trash Disposal

[Adopted 9-18-1990 STM by Art. 8 (Art. 55 of the General Bylaws)]

§ 238-1 Responsibility of owners.

[Amended 4-24-2017 ATM by Art. 10]

The owner(s) of every parcel of land upon which there exists a structure which is occupied by human beings, or which is susceptible of such occupancy, or which for any other reason generates solid waste of any nature, shall make arrangements satisfactory to the Board of Public Works for the removal and lawful disposal of the waste generated from such parcel.

§ 238-2 Payment of trash disposal fee.

Owners who pay in full any trash disposal fee assessed by the Department of Public Works of the Town of Marshfield for the privilege of access to the municipal sanitary landfill, or for curbside waste pickup and disposal, shall be presumed to have made satisfactory arrangements for waste removal as required in § 238-1 of this bylaw.

§ 238-3 Alternative arrangements.

[Amended 1999 ATM by Art. 18]

Owners who fail to pay in full, when due, the trash disposal fee described in § 238-2 of this bylaw with respect to any parcel of land subject to this bylaw shall be required to provide to the Board of Public Works, on or before the date when such fee is due, written evidence that alternative arrangements satisfactory to that Board have been made for the removal and lawful disposal of waste from such parcel.

§ 238-4 Violations and penalties.

Persons violating the provisions of this bylaw shall be subject to a fine of $300 for each offense.

§ 238-4.1 Unpaid charges and termination of service.

[Added 10-16-2017 STM by Art. 18]

A. Intent and applicability. The adoption of this bylaw shall enable the Board of Public Works to establish due dates for the payment of trash disposal fees and curbside waste pickup fees as set forth in § 238-2 and in the event of nonpayment, the accrual of interest, the recovery of fees and expenses, and termination of curbside waste pickup service.

B. Authority. This bylaw is adopted by the Town under MGL c. 40, § 21E, and its authority to implement and regulate the disposal of solid waste in the Town of Marshfield.

C. Purpose. The purpose of this bylaw is to authorize the establishment of due dates for trash disposal fees and curbside waste pickup fees and charges, and other charges and assessments, interest rates on unpaid charges, collection of fees and expenses on unpaid and/or late charges, and, where appropriate, the termination of trash disposal rights and/or curbside pickup service and the recovery of fees and expenses to restore services.

D. Municipal charges. Pursuant to MGL c. 40, § 21E, the due date for payment of municipal trash disposal fees and curbside waste pickup bills by any person, including individuals, corporations, trusts, partnerships, limited liability company, or other entity shall be 30 days from its issuance evidenced by the date of the postmark. If such bills or charges remain unpaid after such due date, interest shall be charged at the same rate as that on overdue tax bills under the provisions of MGL c. 57, § 59. Failure to pay before the next billing cycle may result in termination of the right to dispose of trash and/or curbside waste pickup service as set forth herein.

E. Late notices and notices of termination. On or after the 30th day after the due date, a reminder notice may be issued to any person, including individuals, corporations, trusts, partnerships, limited liability company, or other entity responsible for said charges. On or after the 45th day a past due notice will be issued by mail and (or) certified mail with interest along with the final date for shutoff, plus an administrative fee to be established by the Board of Public Works. On or after the 60th day notice will be delivered to the home in the form of a letter notifying the person, including individuals, corporations, trusts, partnerships, limited liability company, or other entity whose payments are in arrears that curbside waste pickup service will be terminated within 48 hours of notice. All bills, expenses, penalties, and administration cost must be paid in full before trash disposal or curbside waste pickup service is restored, unless a payment plan has been worked out with the Town, acting by and through its Superintendent of Public Works and/or Treasurer-Collector.

F. Termination notice and termination. If after 60 days the charges and bill(s) remain unpaid, a shut-off notice in the form of a certified letter will be sent initiating a forty-eight-hour advance notice period prior to trash disposal or curbside waste pickup service termination. After 48 hours, trash disposal rights or curbside waste pickup service may be terminated by the Town, acting by its Board of Public Works, at any time subject to the exceptions set forth herein.

G. (Reserved)

H. Financial hardship/payment plans. The Town, acting by and through its Superintendent of Public Works and/or Treasurer-Collector, in recognition of appropriate circumstances involving some financial hardship, is authorized in its/their discretion, to approve a payment plan. A signed statement by the person, including individuals, corporations, trusts, partnerships, limited liability company, or other entity whose payments are in arrears showing that his/her income falls within financial hardship guidelines established by the Board of Public Works [or by analogy the financial hardship guidelines in 220 CMR 25.01(2) (CMR applicable to regulated utility bills)], shall be considered presumptive evidence of financial hardship unless otherwise determined by the Board of Public Works. In the event of any breach of the payment plan, termination of services may resume in accordance with this bylaw.

I. Costs, expenses and reasonable counsel fees. The Town is authorized to recover from any person, including individuals, corporations, trusts, partnerships, limited liability company, or other entity whose payments are in arrears its costs, expenses and reasonable attorneys' fees associated with unpaid curbside waste pickup service bills, charges and assessments, interest rates on unpaid charges, collection of fees and expenses, and costs to restore services.

J. Rules and regulations. The Board of Public Works is authorized to make rules and regulations and establish fees for termination of service and restoration of trash disposal rights or curbside waste pickup service.

K. Severability. The invalidity of any portion or provisions of this bylaw shall not invalidate any other portion or provision thereof.