Town of Fairhaven, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Fairhaven as follows: Part 1, by the Special Town Meeting 9-10-1953 by Art. 14 (Ch. IX, Sec. 10 of the 1934 Bylaws); Part 2, by the Special Town Meeting 5-4-1991 by Art. 12 (Ch. XXXIV of the 1934 Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Landfill — See Ch. 437.
Solid waste — See Ch. 471.
[Adopted 9-10-1953 STM by Art. 14 (Ch. IX, Sec. 10 of the 1934 Bylaws)]
[Amended 5-2-1992 STM by Art. 4; 12-10-1992 STM by Art. 11]
A. 
No person shall bring into the town or transport through the streets of the town any garbage from outside the town without a special permit issued annually by the Board of Health.
B. 
Such permit shall be issued upon a determination by the Board of Health that:
(1) 
The applicant has sufficient capacity, including proper equipment, for the safe transport of such waste;
(2) 
Such waste will not be improperly disposed of; and
(3) 
The intended transport, disposal and nature of such waste will not otherwise violate any law and will not otherwise result in harm or a threat of harm to the public health or safety.
[Adopted 5-4-1991 STM by Art. 12 (Ch. XXXIV of the 1934 Bylaws)]
There is hereby established a mandatory recycling program in the Town of Fairhaven for the purpose of recycling any type of solid waste, including but not limited to glass, paper, plastics, cardboard, metal food containers and leaf and yard wastes.
For the purpose of this Part 2, the following words and phrases shall be defined as follows:
RECYCLING
Collection and processing of a waste product for use as a raw material in the manufacture of the same product or a similar one. For the purpose of this Part 2, recyclables are considered to be:
GARDEN WASTES
Organic plant matter.
GLASS
Brown, clear and green food and beverage containers with caps, rings and Styrofoam removed. Excluded are blue glass, flat glass, plate glass and glass commonly referred to as "window glass."
LEAVES
Seasonal deposition from deciduous and coniferous plants and trees.
METAL FOOD CONTAINERS
Aluminum, tin cans and tin plated steel cans.
OTHER
Ferrous metals (iron, steel), tires, waste oil and batteries.
PAPER
Newspaper, office paper and computer paper.
PLASTICS
PET (polyethylene terephthalate) 1: soda bottles; and HDPE (high-density polyethylene) 2: milk, juice and water jugs and other opaques.
YARD WASTES
Lawn clippings, garden waste and weeds.
SOLID WASTE
Garbage and rubbish normally collected for disposal by the town or its contractor.
From the time of collection the materials shall become the property of the Town of Fairhaven or its designated contractor.
[Amended 5-2-1992 ATM by Art. 15]
The Board of Health has the authority to add, delete or delay collection of recyclables depending on the existence of favorable markets and proper means of collection and delivery of the materials to said markets.
[Added 5-2-1992 ATM by Art. 15]
This Part 2 shall apply to all residences, schools and municipal facilities.
[Added 5-2-1992 ATM by Art. 15]
All items of the following types must be separated from other solid waste, from each other and into subcategories and will be picked up at curbside on designated collection days or may be delivered to the town recycling center at designated times:
A. 
Newspaper.
B. 
Glass.
C. 
Paper.
D. 
Plastic.
E. 
Leaves.
F. 
Metal food containers.
[Added 5-2-1992 ATM by Art. 15]
All items of the following types must be separated from other solid waste, from each other and into subcategories and shall be delivered to the recycling center at designated times.
A. 
Garden/yard waste.
B. 
Ferrous metals (i.e. household appliances, pipes, metal doors and other similar large items made of ferrous metal).
C. 
Tires.
D. 
Waste oil.
E. 
Batteries.
[Added 5-2-1992 ATM by Art. 15]
The Board of Health, subject to the approval of Town Meeting, shall annually establish a fee to be assessed per household. The fee shall be based on the net cost of the household waste as a proportion of all waste recycled by the town after consideration for the reimbursement from the resale of recyclables and shall be uniformly assessed to each household unit.
[Added 5-2-1992 ATM by Art. 15]
A. 
Solid waste which has not been separated as required by §§ 164-7 and 164-8 of this Part 2 will not be picked up at curbside. Waste refused at curbside must be removed by the resident within 24 hours of refusal. It shall be a violation of this Part 2 to fail to participate in the recycling program or to fail to separate waste as required by the approving authority.
B. 
No person other than the resident or agents authorized by the approving authority shall be allowed to remove items designated in §§ 164-7 and 164-8 from solid waste which has been separated or put at curbside for pickup.
C. 
Enforcement of this recycling program will be made by the Board of Health or its agents or by any police officer. Any person committing a first violation of this Part 2 shall be given written notice which may be by letter, notice given in hand or notice affixed to any solid waste container used by that person. Any subsequent violation by that person shall be enforced as otherwise provided by law.
D. 
The Board of Health may enact such regulations as it deems necessary from time to time for the operation and enforcement of this recycling program.