[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:
Any solid waste disposal facility licensed pursuant to MGL
c. 111, § 150A, or by other appropriate public authority.
All large items of refuse such as appliances, furniture,
large auto parts, boilers or furnaces, etc.
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.
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.
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.
A plan describing the details of collecting, hauling or disposing
of bulk and waste in the City, submitted by a licensee to the City.
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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Before any license may be issued, the applicant shall, if the application
is approved by DPW, deposit with DPW proof of insurance as follows:
(1)
Workers' compensation insurance and employer's liability insurance
as required by law.
(2)
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.
G.
Every licensee shall:
(1)
Maintain insurance coverage, for the term of the license, for each
vehicle used in hauling bulk or waste items.
(2)
Ensure that each employee who operates vehicles hauling waste or
bulk waste in the licensee's employ possesses a valid operator's
license.
(3)
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.
A licensee must comply with the following operational requirements:
(1)
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.
(2)
The licensee shall comply with all state, county and local laws and
regulations.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
Each licensee shall provide customers which receive individual
residential collection with the option of paying volume-based fees
for the collection.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
B.
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.
A.
Any person collecting and hauling bulk and waste items shall deposit
such waste only at an approved disposal site.
B.
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.
A.
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.
B.
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.
C.
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.
