[Added 10-5-1999]
A.
The City of Springfield now participates in the Western Massachusetts
Regional Recycling Program, which includes delivery of recyclables
to the Materials Recycling Facility; and the Commonwealth of Massachusetts
has promulgated recycling rules (formerly known as "waste bans") which
restrict the disposal of certain recyclable items at solid waste landfills
and incinerators in Massachusetts (310 CMR 19.017). The restricted
materials are: lead batteries, leaf waste and yard waste, white goods,
recyclable aluminum, metals and glass, all grades of recyclable paper,
single-polymer plastics, cathode ray tubes in televisions and old
computers. Compliance with the recycling rules may be accomplished
through reducing the amount of solid waste generated in buildings
throughout the City and by recycling and composting materials to the
fullest extent possible; and public support for recycling and composting
has been demonstrated throughout the City.
B.
The following policies are hereby adopted by the City of Springfield
with respect to efficient management of solid waste, for the promotion
of the health and welfare of its citizens and for the protection of
the environment. The City of Springfield hereby declares its goal
of requiring all buildings in the City to implement recycling programs.
The City of Springfield further declares its goal of encouraging all
residents, municipal offices, commercial businesses, and institutions
to reduce the amount of solid waste they generate by recycling to
the fullest extent possible.
C.
The City hereby further declares that the implementation of this
policy shall proceed within the bounds of sound fiscal management
and in contemplation of advances in recycling collection and processing
technology, in an orderly fashion with all due speed. This article
has been created because of the great interest by the citizens of
the City of Springfield in preserving the environment by reducing
the amount of refuse sent to landfills and incinerators. It shall
be the policy of the City of Springfield to reduce the amount of refuse
generated and to require recycling and composting to the fullest extent
possible.
[Amended 5-20-2011; 9-11-2017]
For the purposes of this article, the following words, terms,
and phrases shall have the meanings respectively ascribed to them
in this section, except where the context clearly indicates a different
meaning:
The implementation of a recycling program that provides the
opportunity to recycle for residents, tenants, or occupants of all
buildings. The recycling program must be as convenient as rubbish
collection whenever possible.
A barrel of approximately 95 gallons, with wheels and a lid,
used for storage of recyclables and designed for mechanical loading
into a recyclables collection vehicle.
The City of Springfield, Massachusetts.
A company in the business of collecting and transporting
recyclables generated in the City to the Springfield Materials Recovery
Facility (MRF), and entering in an agreement with the City of Springfield,
by which terms the hauler is entitled to bring recyclables to the
MRF.
The Director of the Department of Public Works or his/her
duly authorized representative.
The transport and deposit of recyclable materials at a City-approved
location.
Any building or portion thereof that contains living facilities
(which provide for sleeping, eating, cooking, and sanitation) for
not more than one household.
The form required by the Department of Public Works to be
submitted by each hauler working in the City that allows it to report
on the status of the recycling program for each of its multiple-family
building customers.
All waste of an ignitable, corrosive, reactive or toxic nature.
Any residential building with four or more dwelling units
and fewer than 40, including apartments, cooperatives, condominiums,
group houses, rooming houses or boardinghouses.
A building parcel located in the City that contains 40 or
more dwelling units.
Paper or containers that have been collected from two or
more communities.
The form required by the Department of Public Works to be
submitted by each property owner or manager of a multifamily complex
that identifies how it is complying with the requirement to offer
tenants access to a recycling program.
Those individuals or businesses responsible for providing
waste management services for a building located in the City.
The discarded nonhazardous waste material that may be reclaimed
and is considered to be marketable. Such material shall include, initially,
newspaper, corrugated cardboard, white paper, magazines, telephone
books, milk and juice cartons, drink boxes, plastic bottles #1 through
#7, unbroken containers of flint, green and brown glass, tin (steel)
cans, and aluminum cans and foil. The list of recyclables may be expanded
or contracted from time to time as determined by the Director of Public
Works and can be located on the Trash Billing Website at http://www.springfield-ma.gov/dpw/index.php?id=single_stream.
There is hereby established in the City of Springfield a program
for the mandatory separation of recyclable and compostable materials
from refuse which shall apply to all buildings in the City of Springfield
and will be carried out under the supervision of the Director of the
Department of Public Works (DPW). The City shall participate in the
Department of Environmental Protection's (DEP) Western Massachusetts
Regional Recycling Program which allows the City to deliver its recyclables
to the MRF located on Birnie Avenue in Springfield. The DPW maintains
its membership in the DEP's program through participation on the MRF
Advisory Board.
It shall be mandatory for each occupant in the City of Springfield
to separate all designated recyclable materials from other refuse
in accordance with the provisions of this section:
A.
Buildings which receive City solid waste collection services. It
shall be mandatory for each owner or occupant of a building which
receives City solid waste collection services to separate from other
refuse all recyclable materials designated by the Director. This requirement
shall also apply to all City-owned buildings, including schools.
B.
Buildings which do not receive City solid waste collection services.
It shall be mandatory for each owner or occupant of a building which
does not receive DPW solid waste collection services to separate all
designated recyclable materials from other refuse. Owners or occupants
are encouraged to contract with their hauling companies for the collection
and recycling of materials and are responsible for the costs.
[Amended 5-20-2011; 9-11-2017]
A.
Single-family dwellings up to three-family dwellings and grandfathered
small businesses. For each household and small business for which
the DPW provides rubbish collection services, the DPW will offer access
to the City's recycling program. The DPW will make every effort to
offer access to a recycling program at least as convenient as rubbish
collection. All households and businesses located in the City will
be granted access to the recyclables dropoff program located at the
Bondi's Island Recycling Depot.
(1)
As long as funds are available, the City will provide one household
recycling cart issued by DPW to each dwelling unit where rubbish collection
services are also offered. The City shall retain ownership of all
its household recycling carts, and the occupant of each dwelling unit
shall take proper care to protect such receptacle from loss or damage.
Carts that are lost or stolen will be replaced by the City under the
following conditions (and as long as the City's supplies last):
(2)
The City shall determine the number of household recycling carts
to be provided for each individual building. The City shall retain
ownership of its household recycling carts, and the owner or owners
of the building shall take proper care to protect such containers
from loss or damage.
(3)
All recycling carts shall be placed at the curbside every other week
for collection by 6:30 a.m. on the designated day of collection. The
cart shall be placed on the outer edge of the sidewalk so as to not
obstruct the free passage of pedestrians.
(4)
Recyclables shall not be placed in plastic garbage bags for collection,
removal or disposal. Recyclables shall not be placed in the same refuse
containers as rubbish or mixed with rubbish or litter for collection,
removal or disposal. If separation of recyclable materials from rubbish
does not take place, the City may decide not to collect said rubbish.
(5)
Upon placement of recyclables at the curbside, such recyclables shall
become the property of the City. It shall be a violation of this section
if any person, other than authorized agents of the City acting in
the course of their employment or contract, collects or causes to
be collected any recyclables so placed. Each and every such collection
in violation hereof from one or more locations shall constitute a
separate and distinct offense. Any violator of this subsection shall
make restitution to the City for the value of recyclables illegally
removed.
B.
Multiple-family dwellings of four or more units and fewer than 40
units.
(1)
Property owners and managers of multiple-family dwellings of four
or more dwelling units and fewer than 40 units that do not receive
City rubbish collection services shall do the following to ensure
compliance with this mandatory recycling article: Property owners
and managers shall be responsible for providing their tenants access
to a recycling program. Every effort will be made for the building's
recycling program to parallel its rubbish collection program in order
to provide convenient access for tenants. Property owners and managers
must notify tenants in writing at the time of renting or leasing and
at least annually thereafter about participation in the building's
recycling program. Tenants will be provided with the following information:
(a)
Reasons to reduce and recycle solid waste;
(b)
Which materials are collected;
(c)
How to prepare the materials in order to meet the processing
requirements;
(d)
Collection methods and location of collection sites; and
(e)
A contact person or company, including a name, address, and
telephone number.
(2)
Property owners and managers may self-haul recyclable materials to
the City's drop-off recycling depot at the Bondi's Island Landfill.
A receipt will be given to property owners and managers to serve as
proof of delivery.
(3)
As a requirement to operate in the City, haulers will be required
to provide a list of their multiple-family building customers and
indicate if a recycling program has been established and maintained.
The DPW will provide each hauler with a hauler's reporting form that
will be submitted to the Director of Public Works on a semiannual
basis: January 1, July 1.
C.
Multiple-family complexes with 40 or more dwelling units.
(1)
Property owners and managers of multiple-family buildings or complexes
which contain 40 or more dwelling units and which contract for private
refuse collection services will provide occupants with access to a
recycling program through contractual arrangements with their haulers.
(2)
Property owners and managers must provide the DPW with a recycling
plan that indicates how they will offer their tenants access to a
recycling program. A recycling plan will be done for each property
for which the property owner and manager is responsible.
(b)
The DPW staff will provide each property owner and manager of
multifamily properties of 40 or more dwelling units with a multifamily
recycling plan form. Recycling plans are to be implemented within
120 days of approval and submitted annually thereafter on July 1.
(c)
Recyclables must be collected from each property at least once
every two weeks.
(d)
Commercial haulers are strongly encouraged to deliver recyclables
collected from multifamily properties to the Springfield Materials
Recycling Facility and will be automatically counted toward the City
of Springfield's recycling rate.
(e)
Property owners and managers must notify tenants in writing
at the time of renting or leasing and at least annually thereafter
about participation in the building's recycling program. Tenants will
be provided with the following information:
[1]
Reasons to reduce and recycle solid waste;
[2]
Which materials are collected;
[3]
How to prepare the materials in order to meet the processing
requirements;
[4]
Collection methods and location of collection sites; and
[5]
A contact person or company, including a name, address, and
telephone number.
D.
Businesses and nonprofit establishments. All businesses and nonprofit
establishments in the City of Springfield, including commercial business
customers of the DPW, shall establish an on-site recycling program.
The business or nonprofit can sell or exchange at fair market value
its own recyclable materials or may contract with a designated hauler
to deliver them to the MRF.
(1)
Designated recyclable materials to be collected from businesses and
nonprofits shall recycle the materials listed below or other nonlisted
materials which are approved by the Director. Materials should be
prepared and/or separated in a manner mutually acceptable to the hauler
and the business. The business recyclable materials are as follows:
(2)
The City of Springfield reserves the right and authority to add or
delete other materials to the above list. The Director will consider
substitutions for items on the list on a case-by-case basis.
(3)
Schedules and locations. The business and the hauler shall mutually
agree upon recycling collection schedules and pickup locations. The
City is not responsible for any problems, unauthorized collections,
liabilities, or any other difficulties that arise between the hauler
and the business.
(4)
Promotion and education. A business subject to this subsection is
responsible for notifying and continually educating its employees
on recycling issues and practices through a formal and ongoing education
campaign. Every business shall distribute to every new employee in
hand within seven days of employment, and to all existing employees
at least annually and by posting in a common area, general recycling
information and current program recycling guidelines. In the case
of a multitenant building, the building owner or manager must distribute
general recycling information and current program recycling guidelines
to every tenant housed in the building within 30 days of occupancy
and to all tenants housed in the building annually.
A.
It will be the responsibility of property owners and managers of
multifamily buildings, businesses, and nonprofit establishments to
provide access to recycling for their tenants or employees through
a contractual arrangement with haulers working in the City of Springfield.
The haulers providing the ongoing recycling collection services shall
be responsible for furnishing, maintaining, and replacing all common-area
recycling containers and collection vehicles which are deemed necessary
in the recycling program. The hauler shall be responsible for the
collection, intermediate storage or transfer, transportation, and
delivery to the MRF for residential recyclables or another DEP-approved
processing facility for business recyclables.
B.
All haulers who collect solid waste and/or recyclable material from
any building in the City of Springfield must comply with all applicable
federal, state, and local laws, ordinances, rules and regulations.
C.
Recycling collection schedules and pickup locations shall be mutually
agreed upon by property managers/owners, businesses, nonprofit establishments
and the haulers. The City is not responsible for any problems, unauthorized
collections, liabilities, or any other difficulties that arise between
the haulers and their customers.
D.
Containers provided by haulers for recyclables, including compactors,
shall be clearly labeled in English and in other languages if appropriate,
including indicating the materials to be placed in the container and
the word "recycle" or "recyclable" or the "chasing arrows" recycling
symbol.
E.
Containers used to collect the recyclable material should have adequate
capacity and durability to function efficiently and meet the spatial
constraints of the building. The type of containers used for collection
of recyclables will be established between the owner/manager and the
hauler.
F.
Containers located outdoors shall be covered or otherwise secured
to prevent material from blowing, leaking or falling out and to protect
the materials from vector populations and the elements. The building
property owner/manager shall maintain all recycling areas in a clean,
sanitary and litter-free manner.
G.
Indoor common area collection/storage areas shall be established
in accordance with appropriate City of Springfield fire and/or safety
codes. Exterior recyclables storage areas shall be established in
accordance with City of Springfield requirements for solid waste enclosures.
H.
The recycling containers at a multifamily property shall be placed
in a location or locations at least as convenient to tenants as the
trash receptacles, including trash chutes, insofar as is practical
given space limitations.
I.
Hauler reports. As a requirement to work in the City, haulers will
be required to submit a haulers reporting form to the DPW on multifamily
buildings with four or more dwelling units and fewer than 40 dwelling
units. The report forms will be supplied by the DPW and will be due
on a quarterly basis January 1, April 1, July 1, and September 1.
When the specified quarterly report dates fall on a Saturday, Sunday
or legal holiday, the report is due on the next business day. Reporting
forms will be supplied by the Springfield DPW.
(1)
The data on the forms will include: multifamily building address,
telephone number of owner/manager, and the identification of an established
recycling program. Haulers will not be responsible for the establishment
of a program unless contracted by the owner/manager. The haulers report
asks only for information as to whether a recycling program exists.
(2)
All such reports, data, and information, once received by the City
of Springfield DPW, shall become the property of the City of Springfield
and will be considered confidential information.
A.
Haulers will only be allowed to deliver loads of recyclables from
the City of Springfield to the MRF if the City of Springfield recognizes
them as a designated hauler. In order to receive such a designation
from the City of Springfield, the hauler must enter into an agreement
with the City by submitting a designated hauler agreement to be approved
by the Director. Designated haulers will agree to the following conditions:
(1)
The hauler shall work with the DEP and operator of the MRF to coordinate
the delivery of recyclables to the facility.
(2)
The hauler shall be entitled to deliver only those recyclables which
the operator is contractually obligated to accept; those items may
be expanded or limited from time to time by mutual agreement of the
City of Springfield, DEP, and the operator.
(3)
The hauler shall not deliver any hazardous waste to the MRF.
(4)
The operator shall be entitled to reject loads containing in excess
of 10% by weight of nonrecyclable materials as determined by the operator
and confirmed by the DEP's representative at the facility. The hauler
shall be responsible for the disposal of and any costs associated
with any rejected loads. In the event the operator elects to accept
such a load, the operator may be entitled to recover the costs of
disposal of nonrecyclable materials directly from the hauler.
(5)
In the event that the origination of the contamination can be determined,
the hauler may refuse to collect the recyclables upon notifying such
customers of the reason for refusal and shall notify the City of any
customer who continues with repeated offenses.
B.
In the event of an MRF shutdown for an extended period and if no
other markets for the recyclables can be found by the City or hauler,
it shall be solely the responsibility of the hauler to find alternative
disposal for and to pay any costs associated with the disposal of
the recyclables.
C.
If a hauler elects to collect and deliver to the MRF a load of recyclables
from multiple communities, including the City of Springfield, the
hauler shall provide to the City and DEP a copy of the multiple-community
load agreement signed by the City and participating municipalities.
In the event of a rejected load, all charges shall be the responsibility
of the hauler.
D.
In the event a hauler fails to comply with any of the terms and conditions
set forth above, the City shall first notify the hauler of such failure
and work with the hauler to remedy the situation. In the event the
hauler is unable to remedy such noncompliance to the satisfaction
of the City and the DEP, the City may, at its sole discretion, suspend,
modify, or terminate the rights of the hauler as a designated hauler.
Circumstances under which the City may exercise such remedies include,
without limitation, the following:
(1)
Failure to cooperate with DEP and the operator in coordinating deliveries
to the MRF.
(2)
Failure to supply the City and operator with information on multiple-community
loads.
(3)
Failure to pay rejected load charges.
(4)
Repeated failure to accurately complete or submit the haulers reporting
form.
