The Town of Fairhaven has entered into an agreement
with SEMASS Partnership, the operator of a waste disposal facility,
located in Rochester, Massachusetts, pursuant to which the town must
deliver, and SEMASS must accept, a certain amount of waste for disposal.
The town must pay a tipping fee for waste so delivered, which fee
is determined by the terms of the agreement. The town must pay the
agreed tipping fee if it delivers less than a minimum tonnage. The
town must pay market rate tipping fee if it exceeds a certain maximum
tonnage. In the interest of serving all of its residents, the Town
of Fairhaven wishes to make the opportunity to use the SEMASS facility
available to those persons licensed to remove waste in the Town of
Fairhaven. In order to enable the town to offer below-market rate
disposal to private haulers of waste generated in Fairhaven, the following
regulation is established.
The Board of Health or its designated agent
(hereinafter referred to as the "Board") shall from time to time determine
the quantity of waste periodically generated in the Town of Fairhaven,
which waste (hereinafter "private haul waste") is removed for disposal
by each person licensed (hereinafter "licensee") by the Board of Health
pursuant to MGL c. 111, § 31A. Each person so licensed may
be required by the Board of Health to provide any information requested
by it in order to determine quantities of waste generated by the customers
of a licensee.
Prior to the commencement of the deliveries of waste by the Town of Fairhaven to the SEMASS facility, and upon the issuance or reissuance of a license to haul waste, the Board shall deliver to each licensee a written notification that he/she may elect to deliver private haul waste to the SEMASS facility subject to these regulations. Any such licensee may elect to deliver private haul waste to the SEMASS facility (hereinafter a "participating licensee") by delivering to the Board within 14 days a notice of election in a form provided by the Board (hereinafter "notice of election"). Such notice of election shall state the quantity of private haul waste which the participating licensee shall deliver to SEMASS annually. That quantity shall not exceed the quantity of waste determined by the Board for the licensee pursuant to §
471-14 above. The notice of election shall be subject to approval by the Board of the quantity of waste so designated in the notice of election. Each participating licensee must produce a performance bond whose amount shall be the assessed tipping fee for 1/3 the quantity of waste designated in the participating licensee's notice of election. The assessed tipping fee shall be determined by the Board of Health from time to time, but no less than once a year.
The Town of Fairhaven shall provide each participating
licensee all necessary passes or other identification documents necessary
for use of the SEMASS facility. The participating licensee shall be
subject to all of the applicable rules and regulations established
by SEMASS, or by anyone so authorized by SEMASS, for the operation
and use of the facility.
A participating licensee shall commence delivery
of private haul waste up to the amount designated by him/her in his/her
notice of election to the SEMASS facility no sooner than the date
designated to him/her in writing by the Board. The participating licensee
may deliver private haul waste to the SEMASS facility subject to the
same restrictions imposed upon the town under the terms of its agreement
with SEMASS. The town shall not be liable to any participating licensee
because of the failure or refusal of SEMASS to accept his/her delivery
of private haul waste for any reason.
The Board may, from time to time, review the
quantity of waste designated by a participating licensee in his/her
notice of election to determine whether it varies from the quantity
of private haul waste actually removed by him/her in the Town of Fairhaven.
Upon the finding that it does so vary from the quantity of such waste
actually removed, the Board may amend the participating licensee's
notice of election by amending the designated amount of waste to be
delivered to the SEMASS facility. In its sole discretion, the Board
may at any time accept a notice of election from any licensee who
is not a participating licensee or may amend a notice of election
of a participating licensee upon his/her request, if it finds that
the participating licensee has changed the quantity of private haul
waste removed by him/her.
The Board or its authorized agent may issue
such orders as it or he/she deems necessary to further the purpose
and provisions of this regulation. A participating licensee shall
comply with such order in every case. Any person subject to such an
order may appeal such order to the Board in writing within seven days
of receipt of the order. An appeal to the Board from an order of the
Board's agent shall be heard and decided by the Board within 14 days
of receipt of the notice of appeal. There shall be no administrative
appeal of an order issued by the Board after said hearing. Failure
by the Board to issue a decision within that time shall be deemed
a denial of the appeal.