[Adopted 12-10-1992 (part of Ch. XIV of the 1979 Regulations)]
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.
A. 
A participating licensee shall be responsible for all costs incurred by the town under its agreement with SEMASS, which costs are attributable to the quantity of private haul waste specified by the participating licensee in his/her notice of election to the Board. The participating licensee shall pay the assessed tipping fee for waste delivered by him/her to SEMASS. In addition, if the town is required to pay tipping fees for waste not delivered, the participating licensee shall pay a pro rata share to the extent he/she failed to deliver the quantity of private haul waste so specified by him/her. If the town is required to pay tipping fees for waste delivered in excess of the contract quantity, the participating licensee shall pay a pro rata share to the extent he/she exceeded the quantity of private haul waste so specified by him/her.
B. 
The participating licensee shall be responsible for those charges made by SEMASS to the town for delivery by the participating licensee of waste unacceptable to SEMASS under its contract with the town, or any other charges or costs incurred by the town as a result of the delivery of waste or any other act or omission by the participating licensee.
A. 
The town will bill the participating licensee promptly upon receipt of any billing from SEMASS. The participating licensee shall pay any such billing within 20 days of receipt of any such billing received from the town. Any dispute concerning the amount of any bill may be submitted in writing by the participating licensee to the Board along with payment of the bill in full. Failure to pay the bill in full within 20 days of receipt shall be an absolute bar to the right of the participating licensee to dispute the amount billed. The Board shall hold a hearing on any disputed bill and issue its decision in writing within 30 days of receipt of the written notice of dispute. Prior to any such hearing, the Board may review and adjust any bill so disputed, and if adjusted to the satisfaction of the licensee, as evidenced by his/her signature, no hearing need be held.
B. 
Any bill by the town to a participating licensee which remains unpaid 20 days after receipt of the bill by the participating licensee shall constitute a debt owed by him/her to the town collectible in an action in contract. In any such contract action, a participating licensee who has failed to follow the administrative procedure for disputing the amount of the bill as set forth in this section shall have waived, and be barred from raising as an issue, any dispute concerning the amount of the bill. The contract remedy shall be in addition to any penalty which the town may impose upon any person for violations of these regulations, and exercise of the contract remedy shall not prevent enforcement of any penalty under these regulations.
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.
A. 
The following shall be violations of this regulation:
(1) 
Failure to comply with the requirements of this regulation.
(2) 
Failure to comply with the rules and regulations of SEMASS or any person so authorized by SEMASS for the operation and use of its facility.
(3) 
Failure to provide to the Board any information requested by it in order to determine quantities of waste generated by the customers of a participating licensee or removed by a participating licensee.
(4) 
Private haul waste delivered to SEMASS that is charged at the Fairhaven generated waste tip fee but is not generated within the Town of Fairhaven, except as otherwise specifically allowed by contract with the town.
(5) 
Waste not acceptable by SEMASS pursuant to its contract with the Town of Fairhaven.
(6) 
Delivery to SEMASS of less than 90% or more than 100% of the amount designated by the participating licensee in his/her notice of election.
(7) 
Failure by a participating licensee to pay bills submitted to him/her by the town within 20 days of receipt.
(8) 
Failure by any person to obey an order issued by the Board or its authorized agent pursuant to these regulations.
B. 
If the Board 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 further violation of the regulations.
C. 
The Board acting upon a complaint, or upon its own initiative, may hold a hearing upon notice to a person to determine whether he/she has violated these regulations. That person 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 or terminate the violator's privilege to haul private waste to SEMASS.