[HISTORY: Adopted by the City Council of the City of Springfield 8-18-1992; amended in its entirety FCB 8-11-2006 (Title 7, Ch. 7.17, of the 1986 Code). Subsequent amendments noted where applicable.]
For the purpose of this chapter, the following definitions shall be applicable:
- APPROVED DISPOSAL SITE
- Any solid waste disposal facility licensed pursuant to MGL c. 111, § 150A, or by other appropriate public authority.
- BULK WASTE
- All large items of refuse such as appliances, furniture, large auto parts, boilers or furnaces, etc.
- BULK WASTE HAULER
- A person or company, licensed by the City, having ability and providing collection and proper disposition of bulky items, including household furniture, appliances and Freon-containing appliances.
- COMMERCIAL DISTRICT
- Any district in the City with sufficient concentration of commercial properties, as determined by the Director of Public Works, in accordance with the relevant planning and zoning rules and regulations.
- COMMERCIAL OR RESIDENTIAL WASTE HAULER
- A person or company, licensed by the City, having ability and providing disposal of commercial or residential waste at an approved disposal site; curbside collection and disposition of recyclable items from commercial or residential customers; and collection and proper disposition of yard waste from commercial or residential customers.
- The discarding, dropping, placing, throwing, depositing or dispensing of waste.
- Any putrescible animal and vegetable material resulting from the handling, preparation, cooking and consumption of food.
- HAULING PLAN
- A plan describing the details of collecting, hauling or disposing of bulk and waste in the City, submitted by a licensee to the City.
- HAZARDOUS WASTE
- A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed; however not including solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act of 1967 as amended, or source, special nuclear, or by-product material as defined by the Atomic Energy Acts of 1954.
- The legal owner, tenant, renter, or occupant of a house, apartment, building, structure or mobile home.
- A permit granting the authority pursuant to this chapter for a person to engage in the business of collecting, hauling or disposing of bulk and waste in the City.
- Any holder of a license issued pursuant to this chapter. Any violation of this chapter by an agent or employee of the licensee shall be deemed a violation by the licensee.
- "Garbage," "refuse" and "rubbish" as defined in Chapter 327, Solid Waste, § 327-1, and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety, welfare, or appearance.
- Any individual, firm, partnership, association, corporation, company, group of individuals acting for a common purpose or organization of any kind, except a governmental agency.
- In the case of improved ground, any building or portion thereof, or in the case of unimproved ground, each separate parcel or lot thereof.
- Aluminum cans, glass, ferrous metal cans, newspaper, corrugated paper, etc., as defined by Chapter 327, Solid Waste, Article II, Mandatory Recycling.
- All putrescible and nonputrescible solid material (excepting body waste), including, but not limited to, garbage, rubbish, ashes, street cleanings, dead animals, abandoned motor vehicles, used motor vehicle parts, tires, bulk waste, construction, demolition waste, building materials, solid market and industrial wastes, used chemical and oil waste, and any other similar substance, man-made or otherwise, which no longer serves the functional use for which it was intended.
- All nonputrescible solid material consisting of both combustible and noncombustible material, including, but not limited to, paper, wrappings, cigarettes, cardboard, tin and aluminum cans, wood, glass, concrete, dirt, plaster, plasterboard, roofing material, nails, bedding, crockery and similar material.
- Every device in, upon or by which any person or property may be transported or drawn upon a highway.
- All "garbage," "refuse" and "rubbish," as defined in this chapter, and in Chapter 327, Solid Waste, § 327-1, and any other similar substance, man-made or otherwise, which no longer serves the functional use for which it was intended at the location it is dumped or which became noxious, offensive, injurious or dangerous to the public health, comfort or safety.
- YARD WASTE
- All grass clippings, weeds, hedge clippings, garden waste, leaves, and twigs and brush not longer than two feet in length and 1/2 inch in diameter.
All waste, recyclables and yard waste in the City on any premises shall be collected, removed, conveyed, and disposed of only by the City or a person licensed by the City as a commercial waste hauler or said licensee's employees at an approved disposal site; provided, however, that this section shall not be construed to prohibit the actual producers of waste, recyclables, and yard waste or the owners of premises upon which waste, recyclables and yard waste has accumulated, from personally collecting, conveying and disposing of such waste, recyclables, and yard waste in accordance with the applicable provisions of this chapter and any other applicable provision of the City ordinances.
It shall be unlawful for any person, without a license from the Department of Public Works (DPW), to collect waste, recyclables or yard waste and to enter into a contractual relationship for bulk or waste collection services with the owner, lessee or occupant of the premises from which such waste originates. Any person desiring a license to collect waste, recyclables or yard waste shall make application for the same to DPW upon a form prescribed by DPW.
The license year shall commence on July 1 and shall expire on the following June 30. A copy of such license shall be maintained in each vehicle used by the licensee to provide any services under such license from the City.
Each applicant shall file with DPW a bond, the sum of which is to be determined by the City at the time of application, contingent upon the rules and regulation prescribed by DPW. Such surety to the City shall be conditioned upon the faithful observance of the provisions of this and other applicable provisions of the ordinances of the City. The principal (applicant) will perform such duties and collect and dispose of waste in strict compliance with all applicable existing statutes, laws, ordinances, rules and regulations of the Commonwealth of Massachusetts and the City.
Such bond shall further provide for payment to the City of all persons entitled thereto, for the cost and expense of removal and proper disposal of any waste collected by the applicant, including restoration of property caused by disposal of waste by applicant that in the judgment of the Director of Public Works or his designee is not in compliance with this chapter and/or is not disposed of in strict compliance with all applicable existing statutes, laws, ordinances, rules and regulations of the Commonwealth of Massachusetts or the City.
In lieu of a bond, the applicant may provide the City with an irrevocable letter of credit. The surety on such bond or the bank on such irrevocable letter of credit shall be approved by the Director of Public Works or his designee as to sufficiency and shall be subject to the approval by the Law Department as to form.
Before any license may be issued, the applicant shall, if the application is approved by DPW, deposit with DPW proof of insurance as follows:
Workers' compensation insurance and employer's liability insurance as required by law.
Comprehensive general and automobile liability insurance, including coverage for non-owned and hired vehicles, which names the City as an additional insured and which provides coverage in the amount of $500,000 for any single claim and $1,000,000 for multiple claims from any single occurrence.
Every licensee shall:
Maintain insurance coverage, for the term of the license, for each vehicle used in hauling bulk or waste items.
Ensure that each employee who operates vehicles hauling waste or bulk waste in the licensee's employ possesses a valid operator's license.
Ensure that each vehicle used in the business of hauling waste, recyclables, and/or bulk waste shall be maintained in compliance with any applicable local, state, or federal laws.
The annual fee for a residential bulk waste hauler's license shall be $100. The annual fee for a commercial or residential waste hauler's license shall be $500. No such license shall be issued until the required fee is paid. In addition to the annual fee for a commercial or residential waste hauler's license, the licensee will pay $100 for each vehicle used by the licensee to provide any services under such license within the City limits, first vehicle on said license excepted. All license fees shall be deposited into the City's general fund account.
A licensee must comply with the following operational requirements:
The licensee shall operate in a manner consistent with information provided on its license application submittal and shall provide a written notice to DPW within 10 days of any changes in the information, forms or certificates filed as a part of the license application process.
The licensee shall comply with all state, county and local laws and regulations.
The licensee shall cooperate with the City in case of complaints received by the City, or other investigations related to the services provided by the licensee. The licensee shall also cooperate with the City when managing natural or man-made disasters.
No individual residential collection of waste, recyclables or yard waste shall be made, except between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Individual residential collection operations outside these hours may also be conducted to accommodate recognized national holidays or a special pick-up herein defined. Customers shall be reasonably notified of the specific day for the collection of their refuse, recyclables and yard waste, and the licensee shall collect the materials within those time periods.
Each licensed waste, recyclable and yard waste collector shall be prohibited from operating its vehicles in the private driveways of residential and multiple dwellings having individual residential collection service, with the exception of such dwellings with driveways in excess of 100 feet in length. No licensed collector who is exempt hereunder shall operate any vehicle in reverse unless reverse operation of the vehicle is necessary for safe egress from the driveway.
Each licensee shall ensure that the contents of all material storage containers shall be transferred to the collection vehicle without spillage, or, if any spilling occurs, it shall be forthwith cleaned up completely. Upon completion, the containers shall be completely emptied and returned to the area adjacent to the customer's premises, and the lids of the containers shall be replaced.
Each licensee shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment shall also be kept clean and as free from offensive odors as possible, and shall not stand in any street, alley or public place longer than is reasonably necessary to collect waste, recyclables and yard waste.
Each licensee shall provide its individual residential collection customers with an opportunity to recycle through the biweekly household collection of recyclables. The household collection of targeted recyclables shall be on the same day as the collection of the customers' refuse, but may occur at a different time within that day. The targeted recyclables collection shall be from a location consistent with City ordinance. The licensee is deemed the owner of the recyclables and, upon collection, the licensee may market the recyclables. Nothing herein shall be construed to prevent a licensee from offering household recyclable collection for other recyclable materials, in addition to the defined recyclables.
Each licensee shall provide for a separate collection of yard waste for customers who receive individual residential collection service. This yard waste collection shall be offered on a biweekly basis from April 1 through December 31. The yard waste collection shall be provided in a location consistent with City ordinance. The yard waste containers on collection day shall be at the location as provided in the City ordinance. The licensee shall be required to collect yard waste on the same day as recyclables, but shall give reasonable notice and instructions to the customers, and shall ensure that refuse, recyclables and yard waste materials are not mixed at the time of collection and final disposal. The collected yard waste shall only be disposed of at a composting facility authorized or approved by DPW.
Each licensee shall submit an annual report to DPW, which identifies separately the weight, in tons, of waste, recyclables, yard waste and bulk pick-up materials that were collected by the licensee from City sources. The report must be provided at least 30 days before the expiration of the current license, and shall be on a form approved by DPW. The licensee shall also submit such report at any time DPW makes a request for an up-to-date report, within 10 days of such request. The report shall also identify the weight of each type of collected recyclable derived via actual weighing of each individual material or through the application of recyclable waste stream percentages acceptable to DPW. The report shall include a summary, including receipts, of all revenues derived by the collector for each targeted recyclable material market during the year. The report shall distinguish residential collection tonnage from commercial/industrial tonnage and shall also include a brief description of the methodology used in computing the reported weights. DPW may request additional relevant information from the licensee as deemed necessary in order to plan for and evaluate its waste disposal system.
Each licensee shall provide customers which receive individual residential collection with the option of paying volume-based fees for the collection.
Each licensee must provide its customers with collection containers that meet all of the requirements of City ordinance. Containers provided by the licensee shall differ in a substantially identifiable way from the City's containers, and must be approved by DPW.
Each licensee shall annually notify customers with whom it has a contractual relationship of the proper placement of waste, recyclables and yard waste for collection, as specified in City ordinance. The notice shall also be given to all new customers of the licensee upon establishing a contractual relationship with the customer. It shall be unlawful for any licensee to direct, suggest or imply to any customer that containers may be placed for collection in any location in violation of City ordinances.
Occupants of residential dwellings managed by associations or other management entities shall have the same opportunity to recycle as do occupants of other residential dwellings. It shall be unlawful for the licensee to negotiate, execute or maintain a contract for residential waste or yard waste collection with any residential dwelling association or other residential dwelling management entity unless it includes, as a part of that contract or as a part of a separate contract, collection of recyclables on the same day as its refuse collection.
Occupants of a multiple-dwelling complex managed by an association or other management entity shall have the same opportunity to recycle as do occupants of other residential dwellings. It shall be unlawful for the licensee to negotiate, execute or maintain a contract for collection of waste or yard waste with any multiple-dwelling association or management entity unless it includes, as a part of the contract or as a part of a separate contract, a minimum of biweekly collection of recyclables.
Every licensed bulk and waste hauler shall retain all receipts from approved disposal sites for a period of six years. Such records shall be subject to inspection at all times by DPW or any other City department authorized to conduct inspection or investigation of records, as specified in rules and regulations.
Any person collecting and hauling bulk and waste items shall deposit such waste only at an approved disposal site.
In any hearing on a charge of a violation of this chapter, testimony that a vehicle that is registered to a hauler licensed by the City, which is found illegally dumping bulk or waste items as provided by this chapter, and further testimony that the record of the Department of Public Works or the Registry of Motor Vehicles shows that such license and registration were issued to the defendant, shall be prima facie evidence that the act of illegally dumping of bulk or waste was committed by the defendant.
Licenses are not transferable. No license fee refunds shall be issued by the City for any period during which the licensee did not benefit financially from such licensure.
The City reserves the right to revoke, suspend or not renew the license for violations of this chapter, or impose civil penalties. Written notice of the revocation, suspension, nonrenewal or penalties shall be mailed to the licensee informing the licensee of the complaint(s) and violation(s) against them. Notice hereunder shall be deemed sufficient if it is sent to the address of the licensee shown on the most recent license application on file with the Department of Public Works (DPW). The notice shall provide the licensee the opportunity to be heard and to cure the violation before the action is taken. The licensee shall be afforded 10 days to cure the named violation, subject to verification and approval of any corrective action(s) by DPW.
Any applicant whose application for a bulk and/or waste hauler license is denied by the Director of Public Works or his designee shall be notified in writing by the Department of Public Works (DPW). Such applicant may appeal the denial to a board of appeals consisting of the Director of Code Enforcement/Buildings, who shall act as chair of the board of appeals, Director of the Health Department and the Director of Neighborhood and Housing Services, or their designees. A written request for an appeal hearing shall be submitted to DPW within 10 days after receipt of the application denial notice.
The Director of Public Works or his designee, upon the recommendation of the Police Commissioner or his designee, or as a result of his own investigation, may revoke or suspend the license issued to any person for the reasons stated in this chapter. The Director of Public Works or his designee shall notify in writing any person whose license has been revoked or suspended. Such person may appeal the revocation or suspension to the board of appeals created in Subsection A hereof. A written request for an appeal hearing shall be submitted to the Director of Public Works within 10 days after receipt of the license revocation notice.
The board of appeals, as herein established, shall hear any appeal, pursuant to Subsections A and B hereof within 60 days from the date the request for appeal is received by the Director of Public Works. The board shall have the power to sustain, modify, or reverse the decision of the Director of Public Works. The board's decision shall be in writing and sent to the applicant, or his/her legal representative, within 30 days after the hearing is concluded. The administrative ruling of the board of appeals is final.
Any violation of the provisions of this chapter shall be grounds for suspension, revocation, or the imposition of fines from $30 to 300 per day, per each instance of violation, based on the severity, persistence or reoccurrence of the violation.
The Department of Public Works is hereby empowered to determine the need for and to establish, enforce and rescind regulations necessary to make effective the provisions of this chapter. Such regulations, when established or rescinded, shall be promulgated to ensure a reasonable and efficient system of bulk and waste collection by bulk and waste haulers in the City.