[HISTORY: Adopted by the Board of Health of the Town of Marshfield 3-6-2000, effective
6-1-2000; amended 7-15-2002, effective 9-2-2002. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 238.
In accordance with the authority vested in the Town of Marshfield
Board of Health by MGL c. 111, §§ 31A and 31B, and
every other power thereto enabling, the regulations set forth hereinafter
are promulgated.
As used in these regulations, the following terms shall have
the meanings indicated:
The implementation of a recycling program which provides
the opportunity to recycle for residents, tenants, or occupants of
multifamily units five units and above and commercial businesses.
The recycling program must be as convenient as trash collection whenever
possible.
Individuals or managers of commercial businesses, responsible
for providing waste management services for their businesses, located
in the Town of Marshfield.
The plan required by the Board of Health to be submitted
by the business owner or manager or property manager of any office
building, retail, wholesale establishments, restaurant, nonprofit
organizations and industrial businesses. The plan will identify how
they are complying with the requirement to provide access to recycling
for their businesses, establishments and organizations. (See Appendix
F.)[1]
Nonhazardous waste generated by businesses, such as office
buildings, retail, wholesale establishments, restaurants and industrial
businesses. It does not include waste generated by single-family or
multifamily homes and apartments.
A permitted company in the business of collecting and transporting
recyclables and solid waste.
The Director of Public Health or his/her duly authorized
representative.
The transport and deposit of recyclable materials to a Board
of Health approved location.
A licensed solid waste disposal or handling facility approved
or licensed by the Department of Environmental Protection.
A rectangular plastic container of approximately 14 to 18
gallons, designed to be used as a curbside setout container for recyclable
materials.
The forms required by the Board of Health to be submitted
for multifamily and commercial business recycling collection programs
by the permitted and contracted hauling company. (Reference Appendix
C.)[2]
Any building or portion that contains living facilities (which
provide for sleeping, eating, cooking and sanitation) of five households
or more.
The form required by the Board of Health to be submitted
by each property owner or manager of a multifamily building or complex
which identifies how they are complying with the requirement to offer
their tenants/residents access to a recycling program. Also it is
an agreement with the Marshfield Board of Health on the loan of wheeled
carts and responsibility of property owners and managers. (See Appendix
B.)[3]
The plan required by the Board of Health to be submitted
by each property owner or manager of a multifamily housing complex
which identifies how they are complying with the requirement to provide
their tenants with access to a recycling program. (See Appendix D.)[4]
Mixed paper or commingled containers that have been collected
from two or more municipalities.
Any person(s) or company which has applied for and obtained
the appropriate permit to collect refuse within the corporate limits
of Marshfield, Massachusetts.
Those items listed in Appendix A.[5]
Any vehicle used for the transport of solid waste.
Useless, unwanted or discarded solid, liquid or contained
gaseous material resulting from commercial, industrial, municipal
or household activities that is abandoned by being disposed or incinerated
or is stored, treated or transferred pending such disposal, incineration
or other treatment, but does not include:
Hazardous wastes or regulated recyclable materials as defined
and regulated pursuant to 310 CMR 30.00;
Sludge or septage which is land applied in compliance with 310
CMR 32.00;
Wastewater treatment plant residuals or sludge ash from publicly
or privately owned wastewater treatment plants which is treated and
disposed at a site regulated pursuant to 314 CMR 12.00;
Septage, as defined and regulated pursuant to MGL c. 111, § 31D;
Sewage;
Ash produced from the combustion of coal when reused as prescribed
pursuant to MGL c. 111, § 150A;
Solid or dissolved materials in irrigation return flows;
Solid or dissolved materials in domestic sewage;
Source, special nuclear or by-product material as defined by
the Atomic Energy Act of 1954, as amended;
Those materials and by-products generated from and commonly
reused within an original manufacturing process; and
Compostable or recyclable materials when composted or recycled
in a facility or operation not required to be assigned pursuant to
310 CMR 16.05(2) to (4).
The Commonwealth of Massachusetts has promulgated waste bans
which restrict the disposal of certain recyclable items at solid waste
landfills, transfer stations and incinerators in Massachusetts (310
CMR 19.017). (See Appendix E.)[6]
A container of 65 to 68 gallons to 95 to 100 gallons for
recyclable materials.
[1]
Editor's Note: Appendix F is on file with the Board of Health.
[2]
Editor's Note: Appendix C is on file with the Board of Health.
[3]
Editor's Note: Appendix B is on file with the Board of Health.
[4]
Editor's Note: Appendix D is on file with the Board of Health.
[5]
Editor's Note: Appendix A is included as an attachment to this chapter.
[6]
Editor's Note: Appendix E is on file with the Board of Health.
A.
Any persons engaged in the collection of solid waste in the Town
of Marshfield shall remove the same to an approved location or facility
in accordance with these rules and regulations, as well as all other
applicable rules and regulations.
B.
The permittee shall provide recycling service to allow compliance
with the Commonwealth of Massachusetts Department of Environmental
Protection solid waste bans and any other item deemed feasible by
the Board of Health. Items required by the Town to be recycled are
set forth in Appendix A.[1] In servicing establishments generating commercial waste,
the permittee may limit recycling service to paper products, as listed
in Appendix A. Appendix A is subject to amendment and revision by
the Board of Health and the commonwealth as additional rules and regulations
may be promulgated. The Board of Health may amend Appendix A upon
written notice to all permittees following public hearing after reasonable
notice to all permittees and current applicants.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Purpose and intent. The Town of Marshfield now participates in a
municipal managed recycling program for households from one to four
units, and the Commonwealth of Massachusetts has promulgated waste
bans which restrict the disposal of certain recyclable items at solid
waste landfills, transfer stations and incinerators in Massachusetts
(310 CMR 19.017). The restricted materials are: lead batteries, leaf
waste and yard waste, white goods, recyclable aluminum, metals, and
glass bottles and jars, all grades of recyclable paper, single polymer
plastics, and cathode ray tubes in televisions and computers. Compliance
with the waste bans may be accomplished through reducing the amount
of solid waste to the fullest and promoting public support for recycling
and composting. (Reference Appendix E.)[1]
[1]
Editor's Note: Appendix E is on file with the Board of Health.
B.
Declaration. Be it declared by the Marshfield Board of Health that
the following policies are hereby adopted with respect to efficient
management of solid waste, for the promotion of health and welfare
of its citizens and for the protection of the environment; hereby
declares its goal of requiring all multifamily housing and commercial
businesses in the Town to implement recycling collection programs.
C.
Establishment of program. There is hereby established in the Town
of Marshfield a program for the mandatory separation of recyclable
materials from trash, which shall apply to all multifamily dwellings
that are five units and above and commercial businesses in the Town.
D.
Mandatory separation of recyclable materials. It shall be mandatory
in multifamily housing in the Town of Marshfield to separate all designated
recyclable materials from other trash in accordance with the provisions
in this section.
(1)
Buildings with five or more dwelling units. Materials to be collected
include the following: mix paper which includes newspaper, corrugated
cardboard, white paper, junk mail, magazines, catalogs, telephone
books, cereal boxes (paper board), plastic containers No. 1 to No.
7, unbroken glass containers, clear, green and brown, steel (tin)
cans and aluminum cans and foil.
(2)
Commercial businesses: cardboard [also known as old corrugated cardboard
(OCC)]. Owners are required to contract with their private hauler
for the collection and recycling of cardboard and are responsible
for program cost. Cardboard is a recyclable material and is a waste
ban prohibited material.
E.
Collection of recyclable materials. The Board of Health will provide
recycling wheeled carts, as long as the Department of Environmental
Protection provides/awards municipal grants for recycling wheeled
cart program. The wheeled carts come in the following sizes: 60 to
68 gallons or 90 to 100 gallons for multifamily dwelling units in
those multifamily complexes which complete a Marshfield Board of Health
Multifamily Housing Recycling Agreement. (Reference Appendix C.)[2]
[2]
Editor's Note: Appendix C is on file with the Board of Health.
F.
Containers; educational materials; recycling plan. The Town of Marshfield
shall retain ownership of its wheeled carts, and the building manager
or owner(s) shall take proper care to protect such containers from
loss or damage. If the containers are lost or stolen, it is the responsibility
of the owner(s) or manager of the building to obtain a suitable replacement
within 10 days in accordance with rules and regulations issued by
the Board of Health under this section.
(1)
All recycling containers and receptacles shall be placed at designated
recycling collection areas by 7:00 a.m. on the same collection day
as trash pickup. The property owner will set up a recycling collection
area next to the trash collection location or another location with
the approval of the Board of Health and the hauler shall mutually
agree upon recycling collection schedules and collection locations.
(2)
Upon placement of recyclables in recycling containers, such recyclables
shall become property of the private haulers.
(3)
Tenants will be provided with the following information by the Board
of Health:
(a)
Reasons to reduce and recycle solid waste.
(b)
List of materials collected.
(c)
Preparation instructions for all recyclable materials in order
to meet the processing requirements.
(d)
Collection methods and location of designated recycling collection
site.
(e)
Residential recycling contact person or private hauling company,
including name, address and phone number.
(4)
The Board of Health and the property owner(s) or managers for multifamily
buildings will provide recycling educational materials.
(5)
Property owner(s) and managers will provide the Board of Health with
a multifamily housing recycling plan which indicates how they will
provide their tenants access to a recycling program. This recycling
plan will be done for each property for which the property owner(s)
and manager(s) are responsible. Each recycling plan will cover the
following items:
(6)
Recyclable materials must be collected from each property at least
once every two weeks. Recycling containers with adequate capacity
must be provided.
(7)
Commercial businesses are required to establish an on-site recycling
program for cardboard, also known as old corrugated cardboard (OCC),
and identify their designated recycling hauler.
G.
Business owner/manager and private hauler operations.
(1)
Schedules and locations. The commercial business and the hauler shall
mutually agree upon recycling collection schedules and pickup locations.
The Town is not responsible for any problems, unauthorized collections,
liabilities, or any other difficulties that arise between the hauler
and the business.
(2)
Promotion and education. A business subject to this requirement is
responsible for notifying and continually educating its employees
on recycling of cardboard, and by posting guidelines on preparing
cardboard boxes for recycling as required by private haulers.
(3)
Containers provided by haulers for recycling of materials shall be
clearly labeled in English and in other languages if appropriate,
including indicating the materials to be placed in the container and
the word "Recycle" or "Recyclable" or the "Chasing Arrows" recycling
symbol.
(4)
Containers used to collect the recyclable materials should have adequate
capacity and durability to function efficiently and meet the spatial
constraints of the building. The type of containers used for collection
of recyclables will be established between the owner/manager and the
hauler.
(5)
Containers located outdoors shall be covered or otherwise secured
to prevent materials from blowing, leaking or falling out and to protect
the materials from the elements and vector populations. The building
property owner/manager shall maintain all recycling areas in a clean,
sanitary and litter-free manner.
(6)
Indoor common area collection/storage areas shall be established
in accordance with appropriate Town of Marshfield fire and/or safety
codes.
(7)
Recycling containers at multifamily buildings shall be placed in
a location or locations at least as convenient to tenants as the trash
receptacles, insofar as is practical given space limitations.
A.
All persons collecting solid waste in the Town of Marshfield shall
obtain a permit from the Board of Health prior to commencing with
collection.
B.
At the time of application or as otherwise specified, the applicant
shall submit to the Board of Health the following:
(1)
A nonrefundable permit fee of $200 together with proof of property/liability insurance as required in § 652-6;
(2)
A list of the residential, municipal and commercial/industrial customers,
by street address, serviced by the applicant for each route (provided
within 30 days of permitting). Said list shall remain confidential
to the Board for Town purposes only;
(3)
A description of the refuse collection vehicle(s) to be used, including
the make, model, year, type and size of compactor, registration number
and the company name appearing on the vehicle(s);
(4)
Copies of all area Board of Health hauler permits held by applicant;
and
(5)
Names of all drivers to be employed by the applicant and current
applicable driver's license numbers and expiration dates.
C.
The Board of Health reserves the right to require all refuse collection
vehicles which are to be used in Marshfield to have affixed on them
any markings concerning authorization to conduct refuse collection
transportation and disposal of solid waste.
D.
The Board of Health will review applications for permits and will
respond to applicants within 30 days.
E.
Applicants have the right to appear before the Marshfield Board of
Health at a hearing to discuss their application by filing such hearing
request in writing with the Board.
A.
Each applicant shall furnish to the Board of Health certificates
from an insurance company licensed to do business in the Commonwealth
of Massachusetts showing the applicant carries public liability insurance
in an amount not less than $1,000,000 for the injury or death of more
than one person, and $50,000 for damage to property. Certificates
of insurance shall be furnished each year upon renewal of permit.
B.
The applicant shall make certain that the above insurance policy
is not canceled prior to notification of the Board of Health. This
notification shall be not less than 30 days prior to such cancellation.
A.
The permit will be valid for a period of not more than one year,
renewable annually on the first day of June, subject to review and
approval by the Board of Health.
B.
No permit shall be transferable except with the written approval
of the Board of Health.
C.
The permittee shall provide recycling service to allow compliance
with the Commonwealth of Massachusetts Department of Environmental
Protection solid waste bans and any other item deemed feasible by
the Board of Health, as set forth in Appendix A attached hereto.
D.
The permittee shall provide approved recyclable containers at a cost
determined by the permittee.
E.
The tonnage of refuse and recyclables, or a reasonable estimation
thereof, that the applicant has collected during each three-month
period of the license shall be submitted to the Board of Health quarterly,
within one month following said three-month period. The tonnage of
refuse and recyclables shall be listed on weight slips or tare weights,
on hauler's letterhead. In cases of consolidated loads, divide the
load by the percentage of households or businesses participating in
Marshfield commercial, residential (including multifamily) or municipal
solid waste/recycling program. Failure to provide this required information
within the time period specified may result in revocation, suspension,
or modification of this permit. This information shall be required
after the permittee has operated for three months in the Town of Marshfield.
Required customer lists shall be submitted to the Board of Health
on a quarterly basis and shall indicate any changes in the number
of customers served. All new customers shall be indicated, as well
as those customers who have terminated their agreements with the collector.
F.
The permittee shall collect solid waste from its customers in Marshfield.
Recyclables shall be placed at curbside or another approved location,
on specified days, in their own reusable containers.
G.
The permittee shall refuse to collect any commercial/industrial, municipal or residential wastes if there is any indication that the material is not solid waste according to the definition provided in § 652-2 of these regulations, or if it is not properly packaged or bundled. The permittee shall notify such customers of the reason(s) for refusal to collect the waste. The permittee shall notify the Board of Health of any customer who continues with repeated offenses. Three offenses may constitute justifiable reason for termination of services by the permittee. Notification of such must be made to the Board of Health within two weeks of said termination.
H.
The permittee shall take all reasonable care in solid waste collection.
Solid waste shall not be scattered about the streets or onto private
property. Solid waste which is spilled shall be immediately picked
up by the permittee and removed with other wastes.
I.
The Board of Health reserves the right to inspect collection vehicles
and loads at reasonable times in order to ensure that they comply
with all applicable state and local laws, bylaws and regulations.
J.
Any violation of these regulations or any other applicable laws or
regulations by the permittee will be grounds for suspension, modification
or revocation of said permit.
K.
The permittee shall provide at least one day, annually, for the collection
of bulk items such as, but not limited to, couches, chairs, mattresses,
etc.
L.
The individuals empowered to enforce the provisions of these regulations
are any authorized agent of the Board of Health, any member of the
Board of Health or any police officer of the Town.
M.
Permittees shall provide their customers with a list of acceptable waste types and recyclables according to § 652-2 of these regulations and with a list or description of proper packaging or bundling methods of the same. This will ensure fewer incidents of refusal by permittee to collect wastes and will provide for a more efficient and economic system of waste collection/disposal and recycling.
A.
Permittees shall enter into arrangements for the collection of refuse
and recyclables with individual residents, the municipality and commercial/industrial
customers of the Town, in which the permittee will be paid directly
by the customer.
B.
The permittee agrees to indemnify the Town from any loss that may
arise from the improper treatment, storage or disposal of hazardous
wastes collected within the Town.
Any solid waste/recyclables collection permit may be suspended,
modified or revoked by the Board of Health upon receipt of evidence
satisfactory to the Board that the permittee has not conformed to
the requirements of these regulations or such further regulations
as may be adopted or to any applicable state or federal statute, regulation,
rule or order regarding transportation or disposal of solid waste
concerning the collection and disposal of rubbish. Appeals of such
suspension, modification or revocation may be directed to the Board
of Health within 10 business days of said suspension, modification
or revocation.
Each of these regulations shall be construed as separate to
the end that if any regulation, clause or phase thereof should be
held invalid for any reason, the remainder of the regulation and all
other regulations shall continue to be in force.
A.
Each variance must be requested in writing.
B.
Each variance that is granted must be in writing by a majority vote
of the Board.
C.
A copy must be maintained in the permanent files, at the Board of
Health office, and must be available to the public during normal business
hours.
D.
A variance filing fee will be charged (see current fee schedule).
E.
If a variance is requested from any portion of these regulations,
the applicant must demonstrate to the Board by clear and convincing
evidence that there will be no adverse effect on the environment or
the public health and safety if the variance is given.
F.
Any variance so granted, after notice and hearing, may be revoked,
modified or suspended by a majority vote of the Board at a Board of
Health meeting.
