[Adopted 7-6-1999; amended in its entirety 2-11-2020]
The goal of these regulations is to protect public health and
the environment and ensure that all private haulers collecting solid
waste and recyclables adhere to the Massachusetts waste ban regulations
and uniformly comply with permit requirements established by the Town
of Harvard. This should ensure that:
A.
The environmental benefits of recycling are maximized;
B.
There is joint enforcement of the waste ban requirements by the municipality
and all private haulers operating within the municipality;
C.
There are fair and equitable rules for all private haulers operating
in the municipality;
D.
All residents and businesses have convenient (parallel) access to
recycling collection services;
E.
All private haulers licensed to operate in a municipality are in
compliance with state regulations (310 CMR 19.017);
F.
There is greater consistency across municipalities to promote clear
operating guidelines for private haulers; and
G.
Municipalities and private haulers work together to support the goals
of the Solid Waste Master Plan and the Global Warming Solutions Act.
A.
These regulations establish minimum requirements for the systematic
collection of solid waste and recyclables in order to promote waste
reduction, comply with state-mandated waste bans (310 CMR 19.017),
and further the goals of the Town of Harvard. The Board of Health
of the Town of Harvard adopts these regulations under the provisions
of Chapter 111 Sections 31, 31A, 31B, 122 and 150A of the Massachusetts
General Laws.
B.
Private haulers shall only collect for disposal those items acceptable
for disposal. Materials banned from disposal under 310 CMR 19.017
shall not be included with solid waste.
These regulations shall take effect on November 1, 2017.
For the purposes of this regulation, the following words and
phrases shall have the following meanings, unless the content clearly
indicates otherwise:
Property owners and occupants of any commercial, industrial,
institutional, municipal, school, or mixed use building within the
Town of Harvard.
Either residential customer/generator or commercial customer/generator.
The Town of Harvard, Massachusetts.
Disposal prohibition provision of the Mercury Management
Act (Chapter 190 of the Acts of 2006). Effective May 1, 2008, mercury-added
products cannot be disposed of in solid waste. The law also prohibits
any solid waste collector from collecting as solid waste the contents
of a solid waste container that the collector knows (or reasonably
should know) includes one or more mercury-added products. Details
may be found at this link: http://www.mass.gov/eea/docs/dep/toxics/laws/hgbanfaq.pdf
Any private hauler who has obtained a valid private hauler
permit from the Town of Harvard.
Any person or entity providing collection of solid waste
and/or recyclables for hire within the Town of Harvard.
A material that is banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017, Waste Bans. Mixed paper,
cardboard, glass, metal, and plastic containers are priority materials
of this regulation.
Property owners and occupants of single- and multi-family
dwellings, condominiums, public housing, and mobile homes within the
Town of Harvard.
Useless, unwanted or discarded nonrecyclable solid and liquid
wastes, excluding items restricted from disposal in Massachusetts,
as defined by Table 310 CMR 19.017(3) of the Massachusetts solid waste
regulations (310 CMR 19.017).
All materials designated as banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017, Waste Bans, including:
asphalt pavement, brick and concrete, cathode ray tubes, clean gypsum
wallboard, commercial food waste, ferrous and nonferrous metals, glass
and metal containers, lead acid batteries, leaves and yard waste,
recyclable paper, cardboard and paperboard, single resin narrow-necked
plastics, treated and untreated wood and wood waste (banned from landfills
only), white goods (large appliances), and whole tires (banned from
landfills only). See Figure 1.
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Figure 1
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List of Waste Ban Materials
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310 CMR 19.017
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Material
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Date of Ban
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Lead batteries
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December 31, 1990
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Leaves
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December 31, 1991
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Tires
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December 31, 1991
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White goods
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December 31, 1991
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Other yard waste
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December 31, 1992
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Aluminum containers
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December 31, 1992
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Metal/glass containers
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December 31, 1992
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Single polymer plastics
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December 31, 1994
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Recyclable paper
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December 31, 1994
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Cathode ray tubes (CRT)
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April 1, 2000
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Asphalt pavement, brick and concrete
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July 1, 2006
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Metal
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July 1, 2006
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Wood
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July 1, 2006
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Clean gypsum wallboard
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July 1, 2011
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Commercial organic material1
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October 1, 2014
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NOTE:
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1 Applies to entities that generate
more than one ton of those materials for solid waste disposal per
week.
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This bylaw/ordinance and/or regulation is designed to ensure
that the Massachusetts waste bans are uniformly adhered to in the
Town of Harvard and relies on a partnership between the Town of Harvard
and all permitted haulers to ensure the requirements of mandatory
recycling and separation of recyclables from the solid waste stream
are followed by all residential customers/generators and commercial
customers/generators in the Town of Harvard.
A.
The Town of Harvard will support permitted haulers by providing the
following:
(1)
Educational information on the municipal website about the mandatory
recycling requirement for all residential customers/generators and
commercial customers/generators;
(2)
Enforcement of the bylaw/ordinance and/or regulation for residential
customers/generators and commercial customers/generators who do not
comply with the mandatory recycling and separation requirements.
B.
Permitted haulers will support the Town of Harvard's goals by providing
the following:
(1)
Instructions on proper management of solid waste and recyclables
to new customers when service commences and to all customers on an
annual basis at a minimum.
(2)
Permitted haulers shall not dispose of banned recyclables that are
properly prepared and set out for collection.
(3)
No permitted hauler shall knowingly collect for disposal solid waste
that contains visible waste ban materials. Any such solid waste must
be left behind/rejected by the permitted hauler, who shall notify
the customer generating such solid waste of the reason for rejection,
e.g., via sticker affixed to noncompliant set-out, including Town
of Harvard contact information for follow-up regarding the mandatory
recycling requirement. The permitted hauler shall notify the appropriate
Town of Harvard contact regarding any customer whose solid waste is
so rejected. If notified, Harvard will follow up to enforce the mandatory
recycling requirement.
A.
In order to protect the environment, promote recycling and be in
compliance with Massachusetts waste ban regulations (310 CMR 19.017),
the Town of Harvard hereby establishes a requirement for mandatory
separation of recyclables from the solid waste stream. This requirement
applies to all residential customers/generators and commercial customer/generators
in the Town of Harvard.
B.
The Town of Harvard will inform all generators (residential and commercial)
at least once per year that recycling is mandatory.
All private haulers wishing to collect, transfer, or transport
solid waste or recyclables generated within Harvard shall be required
to first obtain or annually renew a permit from the Town of Harvard.
No private hauler may collect solid waste or recyclables unless they
have obtained a valid private hauler permit from the Town. Private
haulers that collect only recyclables must also be permitted.
A.
Permit application.
(1)
The permit application shall include:
(a)
The formal name of the person or company.
(b)
The contact name, mailing address, telephone number and e-mail
address.
(c)
The approximate number of collection trucks expected to be used
in the Town during the course of the permit year, and the associated
truck information.
(d)
A list of the solid waste disposal facilities and the recycling
processing facilities where solid waste and recyclables are expected
to be delivered from the private hauler's customers during the permit
year.
(2)
The permit application must have attached:
(b)
Annual Solid Waste and Recyclables Reporting Form.
(c)
Copies of certificates of insurance for personal and adverse
injury.
(d)
A copy of the private hauler's marketing materials indicating
the types of services offered, reminding customers that recycling
is mandatory, and describing the Massachusetts waste ban materials.
(e)
A copy of the private hauler's notification that will go to
customers who set out visible waste ban materials mixed with solid
waste, including a reminder that recycling is mandatory, describing
what was seen that violated the waste bans, and providing a phone
number for the Board of Health.
(3)
The permit application must include the following certifications:
(a)
The individual is an authorized official of the private hauler
applying for this permit.
(b)
The private hauler is registered to do business in Massachusetts.
(c)
The private hauler operates in compliance with the Massachusetts
waste ban regulations and the mercury disposal prohibition.
(d)
The private hauler is in compliance with the bundled service requirement outlined in § 145-38 of these regulations.
(e)
All employees of the private hauler understand and will help
educate all customers about the Massachusetts waste bans.
(f)
Pursuant to MGL c. 62C, § 49A, to the best of the
applicant's knowledge and belief, the private hauler has filed all
state tax returns and paid all state taxes required under law.
(4)
Upon receipt of a complete permit application, the Board of Health
shall have 30 days to rule on the granting of a permit to operate
within the Town of Harvard.
B.
Annual permit renewal.
(1)
Each permitted hauler shall annually submit a renewal application
of his/her permit no later than December 1 by paying the annual permit
fee.
(2)
The annual renewal application must indicate any changes from the
original permit, including any change in solid waste or recyclables
facilities used, and must be signed by a business owner. The renewal
must be accompanied by the following information or a completed Annual
Solid Waste and Recyclables Reporting Form.
(3)
The Annual Solid Waste and Recyclables Reporting Form shall include:
(a)
Company name, contact person, mailing address, phone number,
and e-mail address.
(b)
The average number of residential and commercial customers using
each service (solid waste, recycling) during the previous calendar
year within the Town.
(c)
Total tons of solid waste collected for disposal and total tons
of recyclables collected for processing from residential customers/generators
within the Town of Harvard during the previous calendar year or twelve-month
period, and the associated disposal or processing facility. In the
case where the permitted hauler delivers loads for disposal or recycling
that are combined with more than one municipality, then the permitted
hauler must provide their best estimate of tonnage delivered from
the Town.
(4)
The Annual Solid Waste and Recyclables Reporting Form must have attached:
(a)
The names of any residential customers where the permitted hauler
is providing solid waste and recyclables service.
(b)
The names of any commercial customers where the permitted hauler
is providing solid waste and recyclables service.
(c)
The names of any residential customers where the permitted hauler
is providing recycling only service.
(d)
The names of any commercial customers where the permitted hauler
is providing recycling only service.
(e)
Copies of any waste ban violation letters or notices received
by the permitted hauler during the prior year that refer to loads
collected within the Town of Harvard.
(5)
The Annual Solid Waste and Recyclables Reporting Form must certify
that the private hauler has been in communication with the Board of
Health regarding customer set-outs not in compliance with the Harvard
regulation.
(6)
Failure to provide a complete and accurate Annual Solid Waste and
Recyclables Reporting Form may be grounds for denial of a permit to
operate within the Town of Harvard.
(7)
Annual permits will be issued by February 1 each year.
C.
General permit requirements. All permitted haulers must be in compliance
with the following general permit requirements:
(1)
All permitted haulers must clearly display the name of the company
on each vehicle operating in the municipality.
(2)
All permitted haulers must be in compliance with applicable federal,
state and local laws. Each vehicle must meet all Department of Transportation
safety requirements at all times.
(3)
All materials must be securely contained in the vehicle. Littering
or leaking shall be considered a violation of the permit.
(4)
Recyclables shall not be commingled with solid waste when collected
by the permitted hauler. Recyclables must be delivered to a processing
facility designed to accept recyclables. The permitted hauler shall
inform customers how to prepare acceptable recyclables consistent
with the requirements of the recyclables processing facility.
(5)
Permitted haulers shall only collect for disposal solid waste which
is not banned from disposal. It is the responsibility of the permitted
hauler to educate the customer about the waste bans and inform them
that they will refuse to collect solid waste mixed with waste ban
items that are visible to the driver/collector from any of their customers
(there is no requirement to open bags). Please refer to the list of
waste ban items which may not be accepted at Massachusetts' disposal
facilities.
(6)
In the event that the permitted hauler refuses to collect any materials,
the permitted hauler will notify such customers in writing of the
reason(s) for refusal to collect the solid waste or recyclables. In
addition, the permitted hauler will advise the Board of Health about
customers who have received rejection notices. The Board of Health
will, where possible, assist the permitted hauler with enforcement
of the mandatory recycling provision and/or waste ban requirement.
A permitted hauler may request to amend an existing permit. The Harvard Board of Health shall promptly consider any requests for amendments within the time frame for permit applications under § 145-40 of this regulation. In order to become effective, any amendments must be approved by the Board of Health.
A.
Service to residential customers/generators.
(1)
For residential customers/generators, the bundled service must provide
customers with solid waste and recyclables collection at a rate that
reflects the cost of providing both services. Solid waste and recycling
services must be provided by the same permitted hauler unless otherwise
preapproved by the Board of Health. The permitted hauler may itemize
the invoice to clearly show the cost of recycling collection contained
in the bundled service.
(2)
All permitted haulers serving residential customers/generators must
provide appropriately sized, paired solid waste and recyclables containers,
with lids, that are clearly marked and adjacent or in close proximity
to each other.
B.
Service to commercial customers/generators.
(1)
For commercial customers/generators, the permitted hauler must provide
both solid waste and recyclables collection unless the customer can
provide proof to the permitted hauler that separate Recycling services
are provided by another permitted hauler or via one of the methods
listed on the recycling Service Exemption Form. Permitted haulers
may charge separately for the collection of recyclables. Commercial
customers/generators may choose to contract for collection of recyclables
by a second permitted hauler that only performs recyclables collection.
Permitted haulers that collect only recyclables are not required to
collect solid waste.
(2)
Permitted haulers must provide the names and addresses of their solid
waste only commercial customers to Harvard so Harvard can follow up
to ensure that those customers are complying with the waste bans.
C.
Exceptions. The Board of Health will consider exceptions upon written
request.
A.
A permitted hauler seeking to provide solid waste collection to a
commercial customer must, at a minimum, conduct a site visit to the
commercial customer and prepare a proposal that describes which materials
should be separated as recyclables banned from disposal, and then
provide an adequate sized container for the expected quantity of recyclables,
separate from solid waste.
B.
If a commercial customer chooses solid waste only collection from
their permitted hauler, exemptions may be provided by Harvard to permitted
hauler's customers who market their recyclables directly to recycling
brokers, processors, or manufacturers or customers who provide proof
of recycling collection by a different permitted hauler who is permitted
to operate in the municipality. All commercial customers seeking an
exemption must file an exemption form.
Collection of solid waste and recyclables may only occur during
the hours of 7:00 a.m. to 7:00 p.m. except in the case of municipal
buildings, and bad weather or another emergency that requires collection
outside of these hours, with notification to the Board of Health or
its designated representative.
A permitted hauler must furnish and maintain adequate liability
insurance, as specified by the Board of Health. Cancellation of insurance
shall automatically be grounds for cancellation of the private hauler
permit. The private hauler's permit application will maintain liability
coverage at or above the following levels for the term of the permit:
$1,000,000 per occurrence, $1,000,000 per personal and adverse injury
occurrence, and $2,000,000 aggregate.
The Board of Health and its agents reserve the right to monitor
collection vehicles, loads, litter and/or nuisance conditions and
routes at reasonable times to ensure that all permitted hauler services
comply with all applicable state and local laws, bylaws and regulations.
The Board of Health retains the right to define and determine "nuisance"
conditions.
The Board of Health or its designee is authorized to inspect
a permitted hauler's truck and load at any time. The Board of Health
also has the right to require weight slips or confirmation of disposal
of solid waste or management of recyclables.
The Town of Harvard reserves the right to exchange information
and coordinate enforcement activity with MassDEP's waste ban inspectors
in order to enforce the provisions of these regulations and State
law.
A.
Enforcement and resolution of hauler permit requirements.
(1)
The Board of Health shall issue a notice of violation to the permitted
hauler and provide the permitted hauler seven business days to respond
to the allegations of noncompliance with any section of this regulation.
Failure to respond shall be grounds for revocation of the permit in
accordance with the hearing provisions below. The individuals empowered
to enforce the provisions of this section shall be the Agent of the
Board of Health, any member of the Board of Health, Inspectional Services,
the Director of the Public Works Department or designee, or other
Town of Harvard designee.
(2)
If the permitted hauler does not respond within seven days, the Board
of Health shall hold a public hearing, subject to MGL c. 111, § 127B.
If the Board of Health determines that the permitted hauler is in
violation of this permit, then the Board may either provide the permitted
hauler with an order to fix the problem and/or suspend the permit
until the permitted hauler demonstrates to the Board's satisfaction
that the permitted hauler will be in compliance with this regulation.
In the event that a permitted hauler fails to follow this regulation,
the Board of Health reserves the right to impose reasonable fines
or take other action in accordance with state and local regulations.
B.
Enforcement and resolution of mandatory recycling requirements for
generators. Enforcement of this regulation shall be by criminal complaint
in the district court and/or noncriminal disposition ticket, MGL c.
40, § 21D. DPW or Solid Waste Administrators, Inspectional
Services, and Agents of the Health Department or their designees shall
have the power to enforce the provisions of this regulation. The Town
of Harvard shall also have the option of seeking equitable relief
to enjoin violations of the rules and regulations of the Health Department.
C.
D.
Appeal provisions. Any permitted hauler cited for a violation of
these regulations may appeal such citation by filing a written notice
of appeal with the Board of Health within seven days, exclusive of
Saturdays, Sundays and legal holidays, from the date of said citation.
A hearing will be held within 60 days from the date of the filing
of the appeal. Written notice of the hearing date will be delivered
to the applicant at least two weeks prior to the scheduled date. The
hearing will be conducted in accordance with the established procedures
of the Board of Health.
E.
Severability. Each of these regulations shall be construed as separate
to the end that if any regulation, clause or phrase thereof should
be held invalid for any reason, the remainder of the regulation and
all other regulations shall continue to be in force.
