Town of Agawam, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Agawam as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk and secondhand dealers — See Ch. 114.
Streets and sidewalks — See Ch. 155.
[Adopted 1-11-1988 by TOR-87-12]

§ 109-1 Program established.

There is hereby established a program for the mandatory separation of certain recyclable material from garbage or rubbish by the residents of the Town of Agawam and the collection of the recyclables at the residents' curbside. The collection of separated recyclables shall be made periodically under the supervision of the Superintendent of Public Works.

§ 109-2 Categorization of recyclables.

Recyclables are the discarded materials described below which may be reclaimed and are considered salable by the Town of Agawam. For the purpose of this article, they are defined in the following categories:
A. 
Aluminum: Cans made from aluminum, aluminum foil, aluminum wrappers and containers or trays used in the packaging, preparation, or cooking of prepared dinners, pies, cakes or other foods.
B. 
Glass: All unbroken jars and bottles or similar products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter, and all other material commonly known as glass, excluding:
(1) 
Blue and flat glass and glass commonly known as "window glass."
(2) 
Dishes and crockery.
C. 
Ferrous metal cans: All containers composed in whole of iron or steel and so-called "tin" cans used for the packaging or storing of various food and nonfood items, except containers which contained paint or petroleum-based solvents and any pressurized aerosol cans.
D. 
Clean and unsoiled newspaper, including newsprint, all newspaper advertisements, supplements, comics and enclosures. Newspapers shall be considered clean and uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling. Persons may wrap solid waste in used newspapers and discard the same with regular solid waste even if such wrapping does not render the newspapers unusable for recycling.
E. 
Corrugated paper: Corrugated boxes, cardboard, cardboard cartons, pasteboard and similar corrugated and kraft paper materials.
F. 
Household batteries known or suspected to contain mercury or other recyclable materials as may be later determined by the Superintendent of Public Works.
[Added 10-15-1990 by TOR-90-43]

§ 109-3 Separation and placement for removal; penalty.

A. 
The resident shall use the recycling receptacle provided to each household for the purpose of collecting the recyclables and placing them for disposal.
(1) 
Recycling receptacles shall be placed on and removed from the curbside or tree belt in a manner similar to and at the same time as the regular garbage or rubbish.
(2) 
All the metal and glass recyclables, as defined in § 109-2A, § 109-2B and § 109-2C, shall be placed together in the designated recycling receptacle separate from rubbish or garbage. These recyclables need not be washed, flattened or processed in any way, and labels, lids, corks and neck rings need not be removed.
(3) 
Recyclable household batteries as defined in § 109-2F shall be placed together in a container to be made available by the town and placed atop of or affixed to the designated recycling receptacle.
[Added 10-15-1990 by TOR-90-43]
(4) 
Recyclable newspapers and corrugated paper shall be placed on top of or next to the recycling receptacle in a manner to prevent the scattering of the paper.
(a) 
Newspapers shall either be packed in standard grocery or paper shopping bags, placed in corrugated boxes or securely tied in flat bundles, none of which shall weigh more than 50 pounds.
(b) 
If not used for packing paper recyclables, corrugated boxes and cardboard cartons shall be collapsed and tied in bundles weighing not more than 50 pounds and placed on top of or next to the recycling receptacle.
(5) 
Recyclables shall not be placed in plastic garbage bags for collection, removal or disposal. Recyclables shall not be placed in the same refuse container as or otherwise mixed with other forms of solid waste for collection, removal or disposal.
(6) 
Rubbish, refuse or other nonrecyclables shall not be placed in the recycling container for collection, removal or disposal.
B. 
A resident who violates the provisions of this section shall first be notified of the violation by registered mail, and such notice shall advise of the requirements of the recycling ordinance and the fine for subsequent violations which shall be $25 for the first offense after receipt of the above notice and not more than $50 for succeeding violations.

§ 109-4 Ownership of recyclables; penalty.

A. 
From the time of placement at the curbside tree belt of any recyclables for collection by the Town of Agawam or its agencies, pursuant to the program established hereby and the rules and regulations issued hereunder, such materials shall become and be the property of the Town of Agawam. It shall be a violation of this article for any person other than authorized employees of the Town of Agawam acting in the course of their employment or contractors or agents under the terms of their contract to collect or pick up or cause to be collected or picked up any recyclable materials. Any and each such collection or pickup in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as hereinafter provided.
B. 
The recyclables collected by the Town of Agawam shall be transported to and disposed of at the designated Materials Recovery Facility.
C. 
Any violation of this section or any part thereof shall be punishable by a fine not to exceed $300, and the violator shall make restitution to the town for the value of any recyclables illegally removed.

§ 109-5 Repealer.

All ordinances or parts of ordinances, resolutions, regulations or other documents inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.

§ 109-6 Severability.

This Article and the various parts, sentences, sections and clauses thereof are hereby declared to be severable. If any part, sentence, section or clause is adjudged invalid, it is hereby provided that the remainder of this article shall not be affected thereby.

§ 109-7 When effective.

This Article shall take effect no later than one week after the Materials Recovery Facility commences commercial operation. Notice of the commencement date shall be published once in a daily newspaper having circulation in the Town of Agawam.
[Adopted 10-2-1989 by TOR-89-26]

§ 109-8 Prohibitions.

No person, business, corporation, enterprise or other legal entity shall place, throw, deposit, discharge or shall cause to be placed, thrown, deposited or discharged any trash, bottles, cans, refuse, rubbish, garbage, debris, scrap, waste or any other waste material of any kind, including but not limited to household trash, lawn clippings and leaves, demolition material, motor vehicle parts and tires, hazardous waste or materials, used appliances, construction materials and debris, on any public highway, public way, city or town way, private way, street or upon any property, public or private.

§ 109-9 Service of notice of violation.

The Department of Health shall have the authority and power to issue a written notice ordering removal of any offensive matter in violation of this article. Said notice shall order removal within 14 days of receipt and shall be served:
A. 
Personally by a duly authorized member of the Police Department and/or the Department of Health;
B. 
By leaving a copy at the last and usual place of abode or business;
C. 
By sending a copy by registered or certified mail, return receipt requested, at the last known address; or
D. 
If the address is unknown and service in hand is not possible, by posting a copy in a conspicuous place on or about the property.

§ 109-10 Requirement after expiration of notice period.

No person, business, corporation, enterprise or other legal entity shall allow or permit such trash, bottles, cans, refuse, rubbish, garbage, debris, scrap, waste or any other waste material of any kind, including but not limited to household trash, lawn clippings and leaves, demolition material, motor vehicle parts and tires, hazardous waste or materials, used appliances, construction materials and debris, to remain upon any public highway, public way, city or town way, private way, street or upon any property, public or private, for any period of time after expiration of the fourteen-day notice period.

§ 109-11 Violations and penalties.

Whoever violates any provision of this article shall be fined not more than $500 nor less than $200. Each item of waste placed, thrown, deposited or discharged shall constitute a separate violation of this article. Each day said violation is permitted to continue after expiration of the fourteen-day notice period shall constitute a separate violation of this article. Whoever violates any provision of this article shall pay to the Town of Agawam all costs and expenses, including reasonable attorney's fees, incurred by the town in the enforcement of and prosecution of this article. The Town of Agawam shall also be entitled to restitution for any and all costs incurred in the collection, removal and disposal of said waste.

§ 109-12 Alternative proceedings for violations.

[Added 6-6-2005 by TOR-2005-6]
Any violation of this chapter, Chapter 109, and any violation of the Code of Massachusetts Regulations (CMR) 410.600 and/or 410.602, may, in the discretion of the Board of Health, Health Agent, or his designee, or any police officer as directed by the Police Chief or his designee, be enforced by the noncriminal complaint method for which provision is made, and/or as set forth in MGL c. 40, § 21D, as amended from time to time, that is, noncriminal disposition. Fines issued pursuant to § 109-12 shall be as follows:
A. 
First offense: $25.
B. 
Second offense: $50.
C. 
Third offense and each subsequent offense: $100.