[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.]
GENERAL REFERENCES
Solid waste — See Ch. 471.
These regulations govern the disposal of garbage, offal or other
offensive substances in the Town of Fairhaven.
A.
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.
B.
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.
A.
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:
(1)
Automobiles: no charge.
(2)
Automobiles with trailer: five free trips and $2 per trip thereafter,
per year.
(3)
Other vehicles based on gross vehicle weight:
(a)
Three thousand pounds to 7,500 pounds: five free trips and $5
per trip thereafter, per year.
(b)
Seven thousand five hundred one pounds to 10,000 pounds: five
free trips and $7.50 per trip thereafter, per year.
(c)
Ten thousand one pounds to 20,000 pounds: $10 per trip.
(d)
Twenty thousand one pounds to 35,000 pounds: $15 per trip.
(4)
Rolloffs, rubbish packers and vehicles over 35,000 pounds: $3 per
cubic yard capacity.
B.
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.)
C.
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.
D.
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.
[Added 6-22-1987]
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.