[HISTORY: Adopted by the Board of Health of the Town of Fairhaven 12-16-1986 (part of Ch. XIV of the 1979 Regulations). Amendments noted where applicable.]
Solid waste — See Ch. 471.
These regulations govern the disposal of garbage, offal or other offensive substances in the Town of Fairhaven.
The Board of Public Works of the Town of Fairhaven as from time to time constituted shall act as agent of the Board of Health for the enforcement of these regulations.
The Board of Public Works of the Town of Fairhaven may designate any person to act as its agent for the enforcement of these regulations.
The Board of Public Works shall implement a fee collection program for use of the sanitary landfill. That program shall consist of the issuance of vehicle stickers to town residents and town businesses at a cost of $5 per vehicle renewable annually, the issuance of trip tickets and the following fees:
Automobiles: no charge.
Automobiles with trailer: five free trips and $2 per trip thereafter, per year.
Other vehicles based on gross vehicle weight:
Three thousand pounds to 7,500 pounds: five free trips and $5 per trip thereafter, per year.
Seven thousand five hundred one pounds to 10,000 pounds: five free trips and $7.50 per trip thereafter, per year.
Ten thousand one pounds to 20,000 pounds: $10 per trip.
Twenty thousand one pounds to 35,000 pounds: $15 per trip.
Rolloffs, rubbish packers and vehicles over 35,000 pounds: $3 per cubic yard capacity.
Day passes shall be issued to nonresidents only for the disposal of material generated as waste in Fairhaven and shall cost $1 per day, and each trip shall be charged the per trip cost set forth above. (Holders of day passes shall not be entitled to free trips.)
There shall be tipping fees charged for the delivery of wastes to the designated solid waste disposal site. Fees shall be set out in a schedule established from time to time by the Board of Health following a public hearing based on the operating costs of the disposal facility reasonably apportioned according to the amount of waste delivered.
Except as expressly provided herein, the Board of Public Works may impose such administrative requirements it deems necessary for implementation of this program.
In addition to those materials otherwise prohibited by law, the following will not be accepted for disposal in the Fairhaven Sanitary Landfill: branches, bushes, shrubs, roofing material or other objects exceeding five feet in measurement in any dimension; any sealed container (cans or drums capable of holding liquids or gases), unless cut in half; hazardous chemicals or wastes; radioactive materials; tires, unless shredded or cut up; explosives; tree stumps; bulk fish by-products; materials of any sort not generated as waste within the Town of Fairhaven.
If the Board of Health or any of its agents determines that a violation of any of these regulations has occurred, it shall so notify the violator in writing and order that such violation stop or be corrected within a specified amount of time from the date of giving such notice. Failure to stop and/or correct such violations after receipt of notice shall constitute a further violation of the regulations.
The Board of Health acting upon a complaint, or upon its own initiative, may hold a hearing upon notice to the person to determine whether he/she has violated these regulations. Said parties may present evidence at the hearing. The Board shall make its findings in writing. If the Board determines that a violation has occurred, it may levy a fine in the amount of $100 per violation per day and may suspend the violator's privilege to use the Fairhaven Sanitary Landfill for such period of time as it deems necessary to protect the public health.
The foregoing will also apply to any town resident whose main residence is outside the local regional area. The local regional area is defined as being New Bedford, Dartmouth, Freetown, Rochester, Acushnet, Mattapoisett and Marion.