[1]
Editor's Note: These regulations also superseded former Art.
II, Use of Town Disposal Area, adopted 5-1-1987, effective 4-5-1988.
A.
Purpose.
The solid waste facility is operated and maintained by the Town
of Orleans for disposal of acceptable waste generated within the boundaries
of the Town of Orleans. All refuse and other wastes originating outside
the Town's boundaries are prohibited.
B.
Authority.
These regulations are written and adopted under the authority
of the Massachusetts General Laws Chapter 111 Sections 31, 31A and
31B.
C.
Severability.
If any provision of this regulation is declared invalid or unenforceable,
the other provisions shall not be affected thereby but shall continue
in full force.
As used in this article, the following terms shall have the
meanings indicated:
Any waste currently accepted at the solid waste facility
as noted in the Disposal Manager's Operation Plan and as approved
by the Board of Health.
Tree trimmings, bushes and shrubs.
Any vehicle bearing commercial plates and/or any vehicle
used in the transportation of commercial waste, commercial landscaping
operations, commercial earthmoving operations, commercial construction
and demolition materials. This term also includes refuse collection
and transportation vehicles.
All types of solid waste from manufacturing operations or
commercial establishments, such as restaurants, markets, motels, campgrounds,
office buildings and retail stores.
All lumber, pipes, bricks, shingles, sheetrock, masonry and
other construction materials resulting from the construction and demolition
of buildings and other structures. Construction and demolition waste
is free of refuse.
Solvents, oils, chemicals, pesticides, explosive materials,
nuclear or radioactive materials.
Material that drains freely or contains free draining liquids.
Contained liquid wastes generated by and produced in the normal operation
of a household, excluding septage, shall not be considered liquid
wastes unless expressly excluded through 310 CMR 19.017 or these regulations.
Includes but is not limited to refrigerators, washing machines,
clothes dryers, air conditioners, ranges, stoves, metal furniture,
appliances, structural members and pipes up to four feet long, small
wire and metal fencing in bundles up to four feet long, small metal
scrap, bicycles, lawn mowers, tubs, sinks, and single-family residential
furnaces.
Unauthorized removal of products and materials from the Orleans
Solid Waste Facility.
A material or by-products which are reused; used as an ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; used in a particular function or application as an effective substitute for a commercial product or commodity. Defined in the Code of Orleans Chapter 130, Article III, § 130-5.
Solid waste materials, including garbage and rubbish, exclusive
of building, demolition and body wastes.
Individuals or companies who collect and/or transport refuse
from private or commercial sources.
Individuals who rent a dwelling unit in Orleans for part
of a year and are not on the street listing as a resident of the Town.
All seasonal renters must have proof of a current rental agreement.
Waste materials, including garbage and rubbish, exclusive
of building, demolition and body wastes. (See "refuse.")
Any waste not defined as acceptable waste as itemized in
the Disposal Manager's Annual Operation Plan. Any waste currently
not accepted at the solid waste facility and not listed as acceptable
waste in the Disposal Manager's Annual Operation Plan as approved
by the Board of Health.
Grass clippings, weeds, garden materials, shrub clippings,
leaves, pine needles, bark mulch, wood chips and brush less than one
inch in diameter.
A.
Noncommercial use
1.
Vehicle Access - Noncommercial access to the solid waste facility
is limited to those vehicles having a valid solid waste facility sticker
or to residents who purchase a one- time user pass.
2.
Residential - All resident taxpayers will be admitted to the solid waste facility with their solid waste facility sticker. These stickers may be obtained at the Town offices, in accordance with § 185-15D, Transfer station eligibility, at the fee rate provided in § 185-15. Stickers must be prominently displayed on the upper left-hand corner of the second window on the driver's side of the vehicle. A sticker is valid only for the vehicle to which it is issued and is for the disposal of residential solid waste.
3.
Nonresidential - Persons staying or renting in Orleans on a year-round basis may obtain solid waste facility stickers, in accordance with § 185-15D, Transfer station eligibility, at the Town offices at the fee rate provided in § 185-15. Stickers must be prominently displayed on the upper left-hand corner of the second window on the driver's side of the vehicle. A sticker is valid only for the vehicle to which it is issued and is for the disposal of residential solid waste.
4.
Seasonal Renter - Persons staying or renting in Orleans on a seasonal basis may obtain solid waste facility stickers, in accordance with § 185-15D, Transfer station eligibility, at the Town offices at the fee rate provided in § 185-15. Stickers must be prominently displayed on the upper left-hand corner of the second window on the driver's side of the vehicle. A sticker is only valid for the vehicle to which it is issued. Seasonal renters must have proof of a current rental agreement.
5.
One-Time User - Persons living, staying or renting in Orleans may obtain a one-time user pass to the solid waste facility. These passes may be purchased at the solid waste facility for the fee rate provided in § 185-15. The one-time user pass entitles the holder to access once with a limit of 10 32-gallon bags containing acceptable solid waste.
6.
Recycling Sticker - All resident taxpayers and persons staying or renting in Orleans on a year-round basis, who show proof of a private trash-hauling service, may obtain a recycling-only sticker in accordance with § 185-15D, Transfer station eligibility, at the fee rate provided in § 185-15. Stickers must be prominently displayed on the upper left-hand corner of the second window on the driver's side of the vehicle. A sticker is valid only for the vehicle to which it is issued and grants the owner of the vehicle access to all of the residential services at the solid waste facility, at the rates defined in § 185-15, with the exception of the disposal of refuse (garbage and rubbish) which is not allowed with a recycle-only sticker.
7.
Sticker Eligibility - Noncommercial sticker entitlement is subject to § 185-15D, Transfer station eligibility.
8.
Refuse Disposal - A noncommercial sticker entitles the holder to dispose of residential refuse, recyclable materials and yard waste material. All other items are on an itemized basis as described in § 185-15C of this regulation. Handling and disposal of residential material must be in accordance with the provisions of § 185-14C of this regulation.
B.
Commercial use
1.
Vehicle Access - Commercial access to the solid waste facility is
limited to those vehicles having a valid commercial solid waste facility
sticker or thirty-day pass.
2.
Commercial Vehicles
a)
Owners of commercial vehicles will be admitted to the Orleans solid waste facility with their solid waste facility sticker. These stickers may be obtained, in accordance with § 185-15D, Transfer station eligibility, at the Town offices for the fee provided in § 185-15. A sticker is valid only for the vehicle to which it is issued and is valid for the disposal of solid waste generated in Orleans.
b)
Contractors whose vehicles are registered to a business not located in Orleans may receive a Thirty-Day Vehicle Pass to dispose of construction and demolition material generated from a building site located in Orleans at the rates defined in § 185-15. These passes may be obtained in accordance with § 185-15D, Transfer station eligibility, at the solid waste facility for the fee provided in § 185-15.
3.
Refuse Collection
a)
No refuse collection and transportation dealer shall remove or transport
garbage, offal or other offensive substances through the streets of
Orleans without receiving a Refuse Collection and Transportation Permit
from the Board of Health, in accordance with Massachusetts General
Laws c. 111, § 31A.
b)
Licensed refuse collection vehicles will be admitted to the solid waste facility with their solid waste facility sticker. These stickers may be obtained at the Town offices for the fee rate provided in § 185-15. A sticker is valid only for the vehicle to which it is issued. The compactor hopper for refuse collection vehicles is designed to accept packer vehicles having a rear overhang with a minimum clearance of 12 inches. Vehicles having a clearance less than 12 inches cannot be accommodated. No commercial sticker will be issued to a refuse collection vehicle which is not compatible with the solid waste facility's equipment.
4.
Standards for the Collection and Transportation of Refuse
a)
Every vehicle used for the transportation of refuse shall be owned
and operated under the supervision of a person holding a valid refuse
collection and transportation permit from the Board of Health. Every
vehicle used for the transportation of refuse shall meet the following
minimum criteria:
1.
The hauling body shall be rigid and shall have an impervious
lining on the floor and all sides.
2.
All joints in the hauling body shall be effectively closed and
smooth so that no drippage or leaking of draining water or liquid
or any debris can occur.
3.
Every collection and transportation vehicle shall cover the
refuse to be hauled and keep such refuse securely within the hauling
body.
4.
No vehicle without permanent cover shall be loaded with refuse
or other offal substances to a level above the side wall height.
5.
Loose paper, trash and small materials shall be secured against
any wind dispersal, jiggling, or jarring which will allow such material
to blow or fall out of the vehicle.
6.
Every vehicle used for hauling refuse shall be cleaned as often
as may be necessary to prevent persistent odors.
7.
Every collection and transportation vehicle used for hauling
refuse or other offal substances shall at all times be equipped with
a fire extinguisher.
8.
All refuse collection and transportation vehicles must display
the volume capacity and the tare (empty) weight on the left-hand side
of the vehicle.
A.
Administrative Requirements
1.
An Annual Operation Plan, covering all of the solid waste activities
to be conducted on the site, must be prepared by the Disposal Manager
or his designee and submitted to the Board of Health for approval
prior to September 1st of each year. This plan is to describe the
major features of the operation for the coming year as quantitatively
as possible. It shall also contain detailed procedures for handling
all classes of solid waste, methods for control of dust, odor, windblown
litter, rodents and noise, as well as other aspects of operations
at the site (recycling, transfer, composting, etc.)
2.
A report for each year's operation must be prepared by the Disposal
Manager or his designee and submitted to the Board of Health for approval
by the following September 1st. This report must provide a quantitative
summary of the past year's operations, quantities of various classes
of waste handled, percentages of waste stream recycled, tonnage composted,
etc.
3.
Prior to any construction or alteration of the site, the Board of
Health must approve the detailed site and building plans.
4.
The solid waste facility shall be inspected on a bimonthly basis
by a qualified engineer, to determine that the facility is in compliance
with MGL c. 111, § 150A, 310 CMR 18.00; 310 CMR 19.00 and
other applicable laws and regulations.
B.
Accident Prevention and Safety
1.
Only the transfer station operator and users unloading refuse shall
be permitted within the solid waste facility, and all users shall
leave the solid waste facility immediately after unloading refuse.
2.
Picking (unauthorized removal of materials and products) at the solid
waste facility is prohibited. The disposal manager shall be responsible
for developing a plan authorizing the removal of specific items from
the solid waste facility. This plan must be submitted to the Board
of Health as part of the Disposal Manager's Operational Plan.
3.
Conduct by any/all persons utilizing the solid waste facility shall
not be disruptive to the operation of the facility, its staff or other
users of the facility.
C.
Handling and Disposal of Materials
1.
All materials accepted at the solid waste facility shall be placed
in only those areas designated by the Disposal Manager or his designee.
2.
All materials being disposed of at the facility are subject to inspection
by the Disposal Manager or his designee, to determine its acceptability
and origin.
3.
Loose paper, refuse and small material shall be secured against any
wind dispersal.
A.
Process for changes in fees and eligibility
1)
The Board of Health and the Board of Selectmen shall, at a minimum,
meet annually to discuss the fees and eligibility requirements for
the solid waste facility.
2)
The Board of Health will consider a change in fees upon the recommendation
of the Board of Selectmen/Town Administrator/Disposal Manager (whomever
is appropriate). This recommendation shall include the following (for
each item):
3)
All recommendations for fee changes shall be submitted to the Board
of Health a minimum of 45 days prior to the proposed effective date
of the new fee.
4)
For consideration of proposals to prohibit items from the facility
or for limiting particular users from disposing of items (commercial
users) the following must be considered:
5)
The Board of Health will consider a change in sticker eligibility
upon the recommendation of the Board of Selectmen/Town Administrator/Disposal
Manager (whomever is appropriate). This recommendation shall include
the following (for each item):
B.
Fees
[Amended 3-15-2018; 8-16-2018; 3-21-2019]
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Commercial
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REFUSE COLLECTION AND TRANSPORTATION
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License Fee
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$125.00
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LICENSED REFUSE HAULERS
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Transfer Station Sticker
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Primary Sticker Fee
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$125.00
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Additional Sticker
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$20.00
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Replacement Sticker
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$5.00
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Each Ton
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$80.00
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COMMERCIAL VEHICLE
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Transfer Station Sticker
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Vehicle Sticker Fee
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$125.00
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Additional Sticker
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$20.00
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Replacement Sticker
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$5.00
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COMMERCIAL REFUSE DISPOSAL FEES
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Each Ton
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$80.00
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(Minimum)
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$5.00
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THIRTY-DAY FACILITY ACCESS FOR THE DISPOSAL OF CONSTRUCTION
& DEMOLITION MATERIAL
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Per Pass
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$10.00
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Noncommercial
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REAL ESTATE OWNERS/YEAR ROUND RESIDENT
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Transfer Station Sticker
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Primary Sticker Fee*
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$125.00
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Second Sticker Fee (Limit one per Primary Sticker)**
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$20.00
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Replacement
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$5.00
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RECYCLING STICKER
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Primary Sticker Fee*
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$25.00
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Second Sticker (Limit one per Primary Sticker)**
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$5.00
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Replacement Sticker
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$5.00
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One-Week Recycling Pass
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$5.00
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SEASONAL RENTER
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Transfer Station Sticker
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Vehicle Sticker Fee
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$125.00
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One-Time User Fee
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$5.00 first 3 bags
$1.50 per bag over 3
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*
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Or such other amount as the Board of Health deems reasonable.
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**
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See Section 185.15(D)(2).
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C.
Itemized costs
[Amended 8-16-2018 by
BOH]
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SHEET METAL AND METAL PARTS
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Cost Per Ton
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$40.00
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Minimum 500 pounds
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$10.00
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Charcoal Grill (ea)
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$5.00
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Propane Tanks
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1 lb (ea)
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No Charge
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20 lb (ea)
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$5.00
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100 lb (ea)
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$25.00
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Auto Gasoline Tanks (ea)
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$10.00
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Bicycles (ea)
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$5.00
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Lawn Mowers (ea)
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$5.00
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Lawn Chairs (beach) (ea)
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No Charge
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Lawn/Patio Furniture (ea)
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$5.00
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Exercise Equipment
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$5.00
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DEMOLITION AND BUILDING WASTE
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Construction and Demolition ($/Ton)
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$225.00
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Minimum
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$10.00
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TIRES
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Passenger Tire (ea)
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$5.00
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Passenger Rim and Tire (ea)
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$10.00
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Commercial Tire (ea)
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$20.00
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Commercial Rim and Tire (ea)
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$40.00
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WHITE GOODS, RESIDENTIAL GRADE ITEMS
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Refrigerator (ea)
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$20.00*
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Kitchen Stove (ea)
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$10.00
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Window Air Conditioners (ea)
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$15.00*
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Clothes Washer/Dryer (ea)
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$10.00
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Dish Washer (ea)
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$10.00
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Microwaves
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$5.00
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Dehumidifier (ea)
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$20.00*
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* Items containing freon
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COMMERCIAL GRADE ITEMS
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All commercial grade white goods prohibited
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BULKY ITEMS
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Sofas, Upholstered Chairs, Mattresses, etc.
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$15.00 each piece
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Carpeting (ea)
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$10.00
| ||
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Fish Netting (ea)
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$5.00
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Door/Windows
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$5.00
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CATHODE RAY TUBES & ELECTRICAL ITEMS
| |||
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Computer Monitors (ea)
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$15.00
| ||
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Televisions <20" (ea)
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$10.00
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Televisions >20" (ea)
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$15.00
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Console Televisions (ea)
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$20.00
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Laptop (ea)
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$10.00
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Desktop Computer
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$10.00
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Stereos
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$5.00
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Printers
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$5.00
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Commercial Copier
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$20.00
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BOATS, TRAILERS AND OTHER LARGE ITEMS
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Per Ton
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$200.00
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Minimum 500 pounds
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$50.00
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BRUSH AND YARD WASTE
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RESIDENTIAL BRUSH
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Passenger Vehicles, per load
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$15.00
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Compact Pick-Up Truck, per load
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$35.00
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Sports Utility Vehicle, per load
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$35.00
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Full Size Pick-Up Truck, per load
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$65.00
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Trailer <10' in length, per load
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$65.00
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Oversized Vehicles or Trailers, per load
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$80.00
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Christmas Tree
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No Charge
| ||
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RESIDENTIAL LEAVES AND YARD WASTE
| |||
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Residential Leaves & Grass (per trip)
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No Charge
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COMMERCIAL BRUSH
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Disposal of Commercial Brush is Prohibited
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COMMERCIAL LEAVES AND YARD WASTE
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Per Ton
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$20.00
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Minimum
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$5.00
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OTHER WASTES
| |||
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Residential Waste Oil
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No Charge
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Residential Anti Freeze
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No Charge
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Residential Gasoline
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No Charge
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Fluorescent Tubes
|
No Charge
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Residential Automobile and Boat Batteries
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No Charge
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USE OF SCALE
| |||
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One-Time Use of Scale
|
$5.00
| ||
D.
Transfer station eligibility
1)
General eligibility and requirements
a)
"Eligible persons" for the purpose of these rules and regulations
are persons who are entitled to transfer station stickers because
they meet the real estate taxpayer or residence requirements outlined
below. Persons denied stickers may appeal through submission of a
form entitled "Sticker Appeals," available in the Treasurer/Collector's
Office.
b)
The burden of proof of sticker eligibility rests on the applicant. At all times, the sticker remains the property of the Town of Orleans. The person to whom the sticker has been issued has purchased a use privilege, not the sticker itself. (See § 185-16 below.)
c)
All stickers are "vehicle-specific." Each sticker will bear the license
plate number of the vehicle to which issued and shall be valid only
if permanently attached to the vehicle.
d)
Current vehicle registrations must be provided, showing the name
of the eligible person as the owner. In the case of a leased or rented
vehicle, the eligible person's name must appear on the lease or rental
agreement.
e)
Residential transfer station stickers allow the owner of the vehicle,
in accordance with the Town of Orleans Use of the Orleans Solid Waste
Facility Regulations, to dispose of residential solid waste generated
from the owner's primary Orleans residence only.
f)
Residential recycling stickers allow the owner of the vehicle, in accordance with the Town of Orleans Use of the Orleans Solid Waste Facility Regulations, to dispose of recyclable material generated from the owner's primary Orleans residence only. A recycling sticker will grant the owner of the vehicle access to all of the services at the solid waste facility, at the rates defined in § 185-15, with the exception of the disposal of refuse (garbage and rubbish) which is not allowed with a recycle-only sticker.
g)
Commercial transfer station stickers, obtained in accordance with
these regulations, allow the owner of the vehicle to dispose of solid
waste, generated in the Town of Orleans, at the transfer station in
compliance with the Town of Orleans Use of the Orleans Solid Waste
Facility Regulations. Such waste is subject to the commercial disposal
rates.
2)
Residential transfer station eligibility
|
Residential Transfer Station Stickers
| ||
|
a)
|
A residential sticker allows the eligible resident to dispose
of residential solid waste generated from the resident's primary Orleans
residence only. Second and subsequent stickers will be issued at a
rate of one additional sticker per each primary sticker.
| |
|
Year-Round Residents and Real Estate Taxpayers
|
a)
Applicants must appear by name on the current assessor's list of
residential property owners. New owners who have not yet been placed
on the list must provide a copy of the deed.
b)
Spouses of real estate taxpayers are eligible, but must provide proof
of their relationship to, and common household with, the real estate
taxpayer (e.g., insurance policy, driver's license, address portion
of tax return, etc.).
c)
In cases of properties owned by trusts, the trustees of the trust
are eligible, not the beneficiaries. Sufficient documentation, such
as an excerpt of the trust agreement, must be provided to demonstrate
the applicant's appointment of trustee.
d)
Year-round residents and real estate taxpayers with vehicles with
commercial license plates registered to them as individuals are eligible
to obtain residential transfer station stickers. This sticker allows
the owner of the vehicle to dispose of residential solid waste generated
from the owner's primary Orleans residence only.
e)
Year-round residents and real estate taxpayers whose vehicles are
registered to a business are entitled to one residential transfer
station sticker per household. Such resident's/taxpayer's connection
to the business must be shown by either an insurance policy or a pay
stub which clearly shows the eligible person's connection to the business.
This sticker allows the resident to dispose of residential waste,
generated from the resident's primary residential property only. Second
and subsequent vehicles registered to the business will require commercial
stickers and are subject to the commercial disposal rates.
f)
Nonresidents who own businesses in Orleans and thus pay real estate
taxes are not eligible for a residential transfer sticker.
g)
Nonresident real estate taxpayers,
without a habitable dwelling or occupancy permit on an Orleans property,
are not eligible for a residential transfer station sticker.
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Year-Round Residents Who Are Not Real Estate Taxpayers
|
a)
Year-round residents who are not real estate taxpayers must
appear on the Town's current census. New residents who have not yet
been placed on the list must provide three proofs of residency to
include: vehicle registration, driver's license, and telephone or
electric bills all with the same Orleans street address (not P.O.
Box).
b)
Current vehicle registrations must be provided, showing the
name of the eligible person as the owner and an Orleans street address
(not a P.O. Box). In the case of a leased or rented vehicle, the eligible
person's name and Orleans street address must appear on the lease
or rental agreement.
c)
Year-round residents who are not real estate taxpayers with
vehicles with commercial license plates registered to them as individuals
are eligible to obtain residential transfer station stickers. This
sticker allows the owner of the vehicle to dispose of residential
solid waste generated from the owner's primary Orleans residence only.
d)
Year-round residents who are not
real estate taxpayers whose vehicles are registered to a business
are entitled to one residential transfer station sticker per household.
Such resident's/taxpayer's connection to the business must be shown
by either an insurance policy or a pay stub which clearly shows the
eligible person's connection to the business. This sticker allows
the resident to dispose of residential waste, generated from the resident's
primary residential property only. Second and subsequent vehicles
registered to the business will require commercial stickers and are
subject to the commercial disposal rates.
|
Recycle-Only Sticker
|
a)
Applicants for a residential recycling sticker must meet the
eligibility requirements for year-round residents who are not real
estate taxpayers or year-round residents and real estate taxpayers
as defined above.
b)
Applicants for a residential recycling sticker must provide
proof that they receive a private refuse collection service.
c)
A recycle-only sticker allows the eligible resident to dispose
of acceptable recyclable material from the resident's primary Orleans
residence only. Second and subsequent stickers will be issued at a
rate of one additional sticker per each primary sticker.
3)
Commercial sticker eligibility
Vehicles Registered To Businesses.
a)
If the vehicle for which the sticker is being sought is registered
or leased to an Orleans business, the eligible person's connection
to the business must be shown by either an insurance policy or a pay
stub which clearly shows the eligible person's connection to the business.
Disposal of refuse is subject to the commercial disposal rates.
b)
Except as allowed in § 185-15D(2) of these regulations, owners of vehicles registered to an Orleans business are not eligible to obtain residential transfer station stickers; they must obtain commercial stickers and are subject to the commercial disposal rates.
c)
No sticker will be issued to vehicles with dealer or repair plates
unless the vehicle has a valid state inspection sticker.
d)
Refuse haulers licensed by the Board of Health are eligible to obtain
commercial stickers and are subject to the commercial disposal rates.
e)
Orleans business owners who do
not have a vehicle registered to the Orleans business are eligible
for one commercial sticker and are subject to the commercial disposal
rates.
|
Thirty-Day Vehicle Pass
|
a)
Contractors whose vehicles are registered to a business not
located in Orleans may receive a Thirty-Day Vehicle Pass to dispose
of construction and demolition material generated from a building
site located in Orleans.
b)
All applicants seeking a Thirty-Day Vehicle Pass must show proof
of an active building permit for construction and/or demolition in
Orleans or proof of any other permit issued through the Building Department.
c)
A Thirty-Day Vehicle Pass allows for the disposal of construction
and demolition material generated in Orleans only. Material brought
to the Orleans solid waste facility from a location other than Orleans
is prohibited and subject to penalty as described in this regulation.
4)
Miscellaneous
a)
Active military personnel whose home of record is Orleans and who
are on the Orleans voting list are eligible to obtain residential
stickers.
b)
An eligible person who does not own a vehicle, or does not drive,
may obtain a letter signed by the Treasurer which allows that person
to enter the transfer station when driven by a third party. The eligible
person must be in the vehicle at the time of entry and produce identification
if requested.
5)
Replacement stickers
Replacement transfer station stickers are available for a fee
of $5.00. Vehicle registrations are required as outlined above.
A.
Violations/prohibitions:
The following activities are prohibited at the solid waste facility:
1.
No person, business, or commercial enterprise may access the Orleans
solid waste facility without a valid sticker.
2.
Any load, or portion of a commercial load, that is determined to
come from another town other than Orleans.
3.
Disposal of brush from commercial vehicles and commercial enterprises.
4.
Unauthorized removal (picking) of materials and products at the solid
waste facility.
5.
Construction and demolition materials from vehicles with a capacity
of one ton or greater.
6.
Disposal of asbestos.
7.
Conduct by any/all persons utilizing the solid waste facility shall
not be disruptive to the operation of the facility, its staff or other
users of the facility.
8.
Misuse of Sticker. The following shall be considered a misuse of
stickers:
a)
Sticker registration number not matching the license plate number
of the vehicle to which it is attached.
b)
Sticker not permanently affixed to the vehicle.
c)
Sticker altered, defaced, copied or made unreadable.
d)
Any violation of the rules and regulations for the use of the transfer
station as promulgated by the Town of Orleans.
9.
Any person violating the provisions of these regulations may be subject
to fines, suspension or revocation of an existing permit/license or
transfer station sticker for a period of time to be determined by
the Board of Health.
B.
Penalties
Violation of this regulation will be subject to the provisions of Massachusetts General Laws Chapter 40, Section 21D, regarding noncriminal dispositions as adopted by the Town of Orleans.
C.
Revocation of stickers
1.
For any violation of these regulations, the Orleans Board of Health
may, after a public hearing, suspend/revoke any solid waste sticker,
license or permit issued by it for a period of time to be determined
by the Orleans Board of Health.
2.
The Orleans Board of Health may apply for injunctive relief to enforce
the provisions of this subsection in a court of competent jurisdiction.
A.
Any party adversely affected by these regulations may apply to the
Board of Health for a variance from the provisions of these regulations.
The applicant must state in writing the reasons and justification
for the request. The applicant must establish that enforcement of
these regulations would do manifest injustice. The Orleans Board of
Health will conduct a public hearing on the request, at which time
the applicant or a designated agent shall present the request and
the basis for the request.
B.
Any variance approved by the Board of Health is nontransferable to
an individual/owner/licensee other than the applicant.
C.
Any variance issued by the Board of Health must be renewed annually
unless otherwise stated as part of the variance approval.
D.
Variance approval will not be unreasonably withheld provided that
the intent and purpose of this regulation is not compromised.
Authority for the enforcement of the rules and regulations shall
rest with the Board of Health, Transfer Station Manager, Chief of
Police, Town Administrator or their authorized agents or deputy.
