Town of Groton, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Groton 4-29-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary landfill — See Ch. 251.
Disposal of wood waste — See Ch. 332.
323a Attachment A Acceptable Recycling Mat

§ 323-1 Purpose; wastes originating outside Town prohibited.

These regulations are intended to protect the public health and general welfare by ensuring proper disposal of acceptable waste and recyclable materials in a manner consistent with best management practices. The Town Transfer Station is operated and maintained by the Town of Groton for disposal of acceptable waste and recyclable materials that are generated within the boundaries of the Town of Groton. All refuse and other wastes originating outside the Town boundaries are prohibited.

§ 323-2 Authority.

These regulations are adopted by the Town of Groton Board of Health, as authorized by MGL C. 111, § 31, § 150A and all other enabling authority. These regulations supersede all previous regulations adopted by the Board of Health regarding Town refuse disposal.

§ 323-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
HAZARDOUS WASTE
Waste which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency; or Massachusetts State Agency by or pursuant to federal or state law. For purposes of these regulations, the term "hazardous waste" also includes gasoline, other automotive fluids, oil-based paint, and related solvents/thinners/pesticides, and their storage containers. These items should be saved for paint collection days or hazardous waste day.
INELIGIBLE WASTE
Ineligible waste is defined as all hazardous and medical waste (except waste motor oil and lead/acid automotive batteries). Ineligible waste shall also include commercial garbage, construction debris from contracted or commercial work, stones, rocks, automobile parts, pesticides, and sewage wastes.
RECYCLABLE MATERIAL
Material that has the potential to be recycled and which is not commingled with solid waste or contaminated by significant amounts of toxic substances as per 310 CMR 19.0006.
SOLID WASTE
Solid waste consists of all rubbish, garbage or refuse normally generated, but excluding explosives, and ordnance materials, sludge, highly flammable substances, cesspool or other human waste, human or animal remains, and hazardous refuse of any kind, such as cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, radioactive materials, fine powdery earth used for filter cleaning fluid and refuse of similar nature. Any recyclable materials, hazardous waste and ineligible waste are specifically excluded from solid waste.

§ 323-4 Use of Transfer Station; transport of solid waste and recyclables.

A. 
Only Town residents or the Town of Groton may deposit Solid Waste in the Town Transfer Station.
B. 
No person, except a permitted private trash hauler licensed by the Commonwealth of Massachusetts, shall deposit rubbish at a place other than the area assigned as the Town Transfer Station.
C. 
No person shall deposit in the Town Transfer Station solid waste that is collected outside the boundaries of the Town.
D. 
No person shall pick over or remove any item from the Town Transfer Station.
E. 
No person transporting solid waste, recyclables, or other waste over the streets of the Town shall, either through carelessness or neglect, allow rubbish to be spilled on the streets of the Town or on private property. All loads should be properly covered.
F. 
No person shall deposit material in the Town Transfer Station except during the hours of operation.

§ 323-5 Access; hours of operation; stickers.

A. 
The hours of operation of the Town Transfer Station shall be posted at the entrance of the Town Transfer Station and made available at the Board of Health office.
B. 
Use of the Town Transfer Station is limited to the acceptable solid waste generated from "typical household use" only.
C. 
All persons (vehicles) using the Town Transfer Station must have a valid Transfer Station sticker.
(1) 
Transfer Station stickers shall be displayed in a convenient visible location on the vehicle transporting solid waste, typically the front-lower-left (driver's side) portion of the windshield.
(2) 
Transfer Station stickers will be available for purchase at the Board of Health office during regular business hours. The Board of Health may also authorize additional person(s), as needed, to sell Transfer Station stickers.
(3) 
A valid vehicle registration must be presented at the time transfer station stickers are purchased. In cases where a Town resident use a vehicle owned by a third party, documentation verifying Town residency shall be presented in addition to a valid vehicle registration.
(4) 
The Board of Selectmen shall consult with, and consider any recommendations of, the Board of Health prior to setting any Transfer Station sticker rate.
(5) 
Transfer Station stickers shall be made available for senior citizens of the age of 60 or over at a discounted rate.
(6) 
Transfer Station stickers are valid for one year, the first day of July until the last day of June of the succeeding year.
(7) 
Transfer Station stickers are nontransferable and nonrefundable.
(8) 
There shall be a limit of two stickers per household.

§ 323-6 Operation; materials for disposal.

A. 
The Town Transfer Station employees shall take all necessary steps to ensure an effective level of facility operation and service.
B. 
The Supervisor or his/her designee may, at his/her discretion, close the Town Transfer Station when there is an equipment problem, or any other problem that makes transfer of refuse not feasible, or that may result in a health/safety hazard.
C. 
All vehicles must stop at the gatehouse prior to unloading materials.
D. 
All materials accepted at the Town Transfer Station shall be placed in only those areas designated by the Supervisor or his/her designee.
E. 
In order to determine the acceptability and origin of the same, all materials being disposed of at the Town Transfer Station are subject to inspection by the Town Transfer Station employees.
F. 
All owners, operators, or persons in charge of a vehicle shall, upon request, submit evidence or answer questions concerning the origin or nature of the materials being disposed of.
G. 
Any unacceptable material found in any load intended for the Town Transfer Station shall result in rejection of the entire load.
H. 
The following items are prohibited from disposal into the refuse trailer (see Attachment A[1]):
(1) 
Any acceptable recyclable materials.
(2) 
Yard waste.
(3) 
Bulk waste.
(4) 
Construction debris.
(5) 
Hazardous waste.
[1]
Editor's Note: Attachment A is included at the end of this chapter.

§ 323-7 "Pay-as-you-throw" program.

A. 
All items to be deposited into the refuse trailer shall be contained within approved "Pay-As-You-Throw" bags.
B. 
"Pay-As-You-Throw" bags will be available for purchase at the Board of Health office, the gatehouse of the Town Transfer Station, and additional local retail store locations.
C. 
To the extent provided by law, "Pay-As-You-Throw" bags are not subject to the Commonwealth of Massachusetts' sales tax.
D. 
The Board of Selectmen shall consult with, and consider any recommendations of, the Board of Health prior to setting any "Pay-As-You-Throw" bag rate.
E. 
"Pay-As-You-Throw" bags are not reusable.

§ 323-8 Recycling.

A. 
Any Town resident not having a valid Transfer Station sticker may, upon proof of most recent private rubbish removal service billing statement, be admitted to the recycling area of the Town Transfer Station for the sole purpose of depositing acceptable items for recycling.
B. 
For acceptable recyclable materials, see Attachment A.[1] Attachment A may be revised at any time to reflect current recycling tendencies.
[1]
Editor's Note: Attachment A is included at the end of this chapter.
C. 
All users are responsible for separating their own recyclable materials.

§ 323-9 Enforcement; suspension or revocation of use privileges.

A. 
The Board of Health, or its designee, shall enforce these regulations and may take such action as the Board of Health or such designee deems necessary for the protection of the public health and such enforcement.
B. 
If any investigation reveals a violation of these regulations, the Board of Health, or its designee, shall order the person(s) in violation to cure such violation and to comply with the violated provisions.
C. 
These orders shall be in writing and may be delivered in hand or by mail to the last-known address of the person in violation.
D. 
Violation of any portion of these regulations may result in loss of privileges for use of the Transfer Station.
E. 
The Board of Health or its authorized representative may suspend or revoke permits or privileges issued hereunder for cause. The suspension or revocation of privileges shall not entitle the sticker holder to a refund of any portion of the fee collected for the issuance of such sticker.

§ 323-10 Hearing.

A. 
Any person(s) to whom any order has been served may request a hearing before the Board of Health by filing with the Board of Health, within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board of Health shall set a time and place for such hearing and shall inform the person in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The Board of Health, upon application of the person requesting a hearing, may postpone the date of the hearing for a reasonable time beyond such thirty-day period if, in the judgment of the Board of Health, the person has submitted a good and sufficient reason for such postponement. At the hearing, the petitioner shall be given an opportunity to be heard and show why the order should be modified or withdrawn. After the hearing, the Board of Health shall sustain, modify, or withdraw the order and shall inform the person in writing of its decision. If the Board of Health sustains or modifies the original order, it shall be carried out within the time period allotted in the original order or in the modification.
B. 
Every notice, order, or other record prepared by the Board of Health in connection with the hearing shall be entered as a matter of public record in the office of the Town Clerk or in the office of the Board of Health.

§ 323-11 Appeals.

Any person aggrieved by the final decision of the Board of Health may seek relief therefrom within 30 days in any court of competent jurisdiction, as provided by the laws of this commonwealth.

§ 323-12 Violations and penalties.

Any person who violates any provision of these regulations, or who fails to comply with any order issued hereunder by the Board of Health for which a penalty is not otherwise provided in any of the General Laws shall be subject to a penalty of up to $300. Each day that a violation exists and each day's failure to comply with an order shall constitute a separate offense.