[Adopted 9-26-1979 as part of Ch. IV of the 1979 Regulations]
These regulations govern the use and maintenance
of any device used for the storage of garbage or other refuse, which
device has a storage capacity of two cubic yards or more. Such device
shall be referred to as a "dumpster."
The sanitary care and sanitary maintenance of
the dumpster shall be the responsibility of the user of the dumpster.
Sanitary care shall include but not be limited to:
A.
Lid covers shall be kept closed.
B.
Interiors of dumpsters shall be clean and free of
encrustations, food bits, scum, debris and the like.
C.
Odors shall be contained and controlled.
D.
No unwrapped food stuffs shall be placed in the dumpster.
E.
Land surrounding the dumpster and in immediate proximity
shall be kept clean of any litter, debris and the like coming from
use of the dumpster.
F.
Any insect and/or rodent infestation resulting from
the use of the dumpster shall be properly professionally and immediately
eradicated.
G.
Any leakage resulting from the use of the dumpster
shall be immediately absorbed by sand, clay, sawdust or other such
material and properly cleaned and removed so as to prevent insect
and/or rodent infestation.
H.
Prevention of any other condition dangerous to public
health.
Placement of the dumpster must not cause any
undue harm and not otherwise be likely to be detrimental to public
health and must conform to other town departmental requirements.
A.
The owner of a dumpster shall maintain it in good
operating condition to avoid any harm or risk of harm to public health.
Good operating condition shall include but not be limited to:
(1)
Operable lid covers.
(2)
Smooth, nonporous, easily cleanable interiors and
exteriors, free of large rust pockets and holes.
(3)
Seams shall be tight so as to not allow leakage.
(4)
Dumpsters with drainage holes must have securely fitting
caps so as to prevent leakage.
(5)
Dumpsters on rollers shall have four operable rollers.
(6)
Prevention of any other condition dangerous to public
health.
A.
If the Board of Health determines that a violation
of any of these regulations exists, it may so notify the dumpster
user and/or dumpster owner or other 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.
B.
The Board of Health acting upon a complaint, or upon
its own initiative, may hold a hearing upon notice of the dumpster
user and/or dumpster owner to determine whether the size, location,
use and physical structure of the dumpster constitutes a harm or risk
of harm to public health or is otherwise in violation of these regulations.
Said parties may present evidence at the hearings. The Board shall
make its findings in writing. If the Board determines that size, location,
use or physical structure of the dumpster constitutes a harm or risk
of harm to the public health or is otherwise in violation of these
regulations, it may mandate immediate removal of the dumpster by the
dumpster owner.
All other applicable rules and regulations of
the Board of Health, town bylaws and the State Sanitary Code shall
apply to dumpsters.
These regulations do not authorize the disposal
of the contents of the dumpster in the town's sanitary landfill.
No person shall transport garbage or other refuse removed from a dumpster in or through the Town of Fairhaven, unless he/she has first obtained a permit pursuant to MGL c. 111, § 31A. The violation of any of these regulations by the holder of a permit issued pursuant to MGL c. 111, § 31A, shall be cause for the amendment, revocation or suspension of that permit. Proceedings thereon shall be pursuant to the procedure established by the provisions of § 471-7B of this chapter.
Each violation of these regulations shall be
punished by a fine of $10 for each day such violation exists.
