[Adopted 3-3-1999; amended in its entirety 6-28-2022]
A.
Scope of authority. This regulation is promulgated pursuant to authority
granted to the Lexington Board of Health under Massachusetts General
Laws, Chapter 111, Sections 31 and 31B.
B.
COMPANY/CONTRACTOR
DUMPSTER
USER
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any individual, partnership, corporation, association or
other legal entity that contracts with or responds to requests from
a user by providing for the installation, maintenance and/or servicing
of a dumpster.
Any container, receptacle, compacter unit, trailer, roll-off,
or other similar unit with or without wheels that is used for the
temporary storage, containment, or transport of refuse, garbage, demolition
debris, or other discarded materials. It shall not apply to the ordinary
household trash barrels, or to plastic bags storing household trash/rubbish
or to trash trucks operated by a company licensed by the Board of
Health.
Any individual, partnership, association, or other legal
entity that contracts or requests providing of a dumpster.
C.
Regulations. No dumpster may be installed within the Town of Lexington
unless a permit has been granted to the user by the Board of Health.
The proper fee must be paid in accordance with these regulations and
the Board of Health Fee Schedule.
(1)
When deemed necessary, the Board of Health may require that the area
around a dumpster be enclosed or screened by the property owner or
authorized agent. The enclosure must comply with § 135-60A
of the Zoning Bylaw.
(2)
All dumpsters must have properly fitting lids and must be covered
at all times when not in use, with the exception that residential
dumpsters used for construction purposes may be required to be covered
as the Board of Health or its agent deems necessary.
(3)
Each dumpster must be of sufficient size and capacity to eliminate
overflowing, and the user of the dumpster must take appropriate action
immediately to empty the contents when full.
(4)
The user is responsible for the placement and maintenance of the
dumpster, the area surrounding the dumpster and all trash, debris
or other materials deposited at the site of the dumpster.
(5)
It shall be the responsibility of the user being serviced to maintain
the dumpster area free of odors, scattered debris, overflow and all
other nuisances. It shall also be the responsibility of the user being
serviced to maintain the dumpster area free from any condition that
may be considered an attraction for rodents or other pests.
(6)
These regulations apply to all dumpsters in the Town of Lexington,
whether for residential, commercial or industrial use.
(7)
These regulations shall in no way nullify the requirements of the
articles of the State Sanitary Code or other regulations pertaining
to health, disease or safety.
(8)
All dumpsters shall clearly display the company/contractor's name,
address, telephone number.
(9)
No dumpster shall block a public way or sidewalk.
(10)
Permits for dumpsters may be suspended or revoked by the Board
of Health for failure to comply with any provision of these regulations.
(11)
No hazardous, toxic, explosive, flammable or burning materials
may be placed in any dumpster.
(12)
No liquids of any kind shall be placed in compactors (type of
dumpster). It is also recommended that wood and glass not be placed
in compactors. Exceptions may be made when specialized compacting
equipment will be used for these materials. Do not use hands and arms
to move materials in compactors. Instead use grabbers or similar equipment.
A.
Any person who violates any provision of this regulation may be subject
to a fine of $100 for the first offense; $200 for the second offense;
and $300 for the third and subsequent offense. Each day a violation
continues to occur shall constitute a separate offense. Fines will
be issued in compliance with noncriminal disposition authorized by
MGL c. 40, § 21D.
B.
The Board of Health may order that any dumpster which fails to comply
with state and local sanitary codes and represents a threat to the
public health be removed from the property with seven days' notice.
C.
Enforcement of this regulation shall be by the Lexington Board of
Health or its designated agent(s).
D.
The Board of Health may enforce these regulations or enjoin violations
thereof through any lawful process, and the election of one remedy
by the Board of Health shall not preclude enforcement through any
other lawful means.
