For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them in this section:
Large and/or bulky items such as discarded or broken furniture,
large toys, mattresses, rugs, and other large or unwieldy refuse which
cannot be placed in the assigned receptacle shall be considered bulky
waste.
Paper that has not been exposed to foreign substance or substances,
or conditions rendering it unsuitable for recycling.
Trash generated from cleaning of basements, attics, garages,
etc., which require multiple collections or truck loads. Cleanouts
are not considered normal residential trash and will not be collected
by the Town. If, for whatever reason, the Town finds it necessary
to remove and dispose of a cleanout, the owner or occupant of the
building or premises shall pay the Town the total cost of removal
and disposal as determined by the Director or his duly authorized
agent.
Any refuse and recyclable materials generated by the use
of property for nonresidential purposes, including, but not limited
to, hotels, motels, institutions, offices, businesses and industry.
The term "institution" includes, but is not limited to, hospitals,
schools, and other educational and benevolent organizations.
Items from building construction, demolition, renovations,
repairs, etc. This is not considered residential trash and will not
be collected by the Town.
Town of Franklin Director of Public Works.
The Franklin Board of Health and its designees, Department
of Public Works Director and his designee and any police officer of
the Town of Franklin.
Putrescible waste matter, animal or vegetable, from tables,
kitchens, markets and stores.
Leaves, grass clippings, wood chips, shrub trimmings, plant
cuttings and other materials as set forth by the Department of Environmental
Protection of the Commonwealth of Massachusetts or as the Director
may determine.
Trash resulting from vacating residential premises. Move
outs are not considered normal residential trash and will not be collected
by the Town. If, for whatever reason, the Town finds it necessary
to remove and dispose of a move out, the owner or occupant of the
building or premises shall pay the Town the total cost of removal
and disposal as determined by the Director or his duly authorized
agent.
Any refuse and recyclable materials generated by the use
of property for residential or nonresidential nonprofit institutions.
The term "institution" includes religious, educational and other charitable
organizations that own real estate but do not pay Town real estate
tax.
High-density polyethylene (HDPE) and polyethylene terephythalate
(PET) plastics and other plastics as the Director may determine.
Any Town-provided container that the Director may determine
to be acceptable to utilize for the collection of trash and/or recyclable
materials and or any other material that the Director may determine.
Clean and uncontaminated paper; cardboard; glass; cans; aluminum;
leaf and yard wastes; plastics; metals and other such materials as
set forth by the Department of Environmental Protection of the Commonwealth
of Massachusetts or as the Director may determine.
A site designated on a permanent or temporary basis for drop-off
and collection of certain recyclable materials.
All nonputrescible household solid wastes except those which
constitute recyclable materials as defined herein.
Single- and multifamily dwellings containing up to six units.
Also known as "fully commingled recycling," refers to a system
in which all paper and commingled materials are mixed together in
a collection truck, instead of being sorted into separate commodities
(newspaper, cardboard, plastic, glass, etc.) by the resident and handled
separately throughout the collection process.
All nonrecyclable materials, including garbage and refuse
from residential premises which receive municipal trash disposal services.
Materials as listed under the Commonwealth of Massachusetts
Regulation 310 CMR 19.017: Waste Disposal Ban Regulation. Items as
listed will either not be collected or will be collected as a special
collection per the Director.
The Department of Public Works, or its contractor, shall remove
and process or dispose of all refuse, recyclable materials and garbage
from residential premises, nonprofit institutions, and from business
premises which obtain a permit from the Director, based upon the volume
and nature of trash generated, which are properly placed in Town-provided
receptacles in accordance with the requirements of this chapter
Employees, contractors and agents of the Department of Public
Works shall not enter upon private property to remove garbage, refuse
or recyclable materials, except when and where directed by the Director
or his duly authorized agent.
By subscribing to the Town-provided solid waste system a resident
authorizes the Department of Public Works to allow access to his or
her property to:
All persons transporting garbage through the public ways of
the Town from origination locations or to destinations within the
Town shall first obtain from the Board of Health a permit therefor.
All persons offering these services are required to offer full recycling
services to all places where collection of trash occurs within the
Town. All persons shall show evidence of such recycling plan of services,
which plan must be approved by the Director or his designee and recommended
to the Board of Health at the time of the annual permit request. All
such permits shall expire at the end of the calendar year in which
they are issued. No permit may be transferred without approval of
the Board of Health.
A.
The Town shall provide, or cause to be provided, one receptacle to
each customer who receives municipal trash disposal services. The
receptacle size shall be determined by the Director. The receptacle
shall be owned by the Town. Each subscriber shall:
(1)
Take proper care to protect such receptacle from misuse, loss, and
damage; the Town may require the resident to pay for any replacement
carts due to such misuse, loss and/or damage; and
(2)
Return such receptacle to the Town or have it picked up by the Department
of Public Works, or its contractor, upon request of the Director;
and
(3)
In the event that he/she vacates the premises, shall leave such receptacle
with the premises for use by the subsequent residents; if taken, the
Town may require payment for such cart.
B.
If additional receptacles are required, additional receptacles shall
be provided at the request of the homeowner at an annual charge established
by the Town Council. Only Town-authorized receptacles will be accepted
for collection.
C.
Residents may also purchase trash bags, designated by the Town for
the sole purpose of trash collection, at a cost per bag established
by the Town Council. Only Town-authorized bags will be accepted for
collection. Bags shall not exceed 35 pounds in weight.
D.
All material set out for collection must be in the Town-supplied
receptacle, additional Town-supplied receptacle, as requested, or
designated bags. Loose material or materials in other receptacles
will not be collected. All material put out must fit within the receptacle
provided so that the receptacle lid remains closed.
E.
Receptacles and designated bags shall be placed for collection in
a manner which does not obstruct vehicular and / or pedestrian passage.
All receptacles must be placed so that they are easily accessible
for collection by the Town, and/or in such a place as the Director,
or his duly authorized agent, may designate or permit.
F.
No person except those individuals and companies authorized by the Director shall collect or pick up or cause to be collected or picked up trash which has been placed for collection pursuant to § 151-6.
G.
Receptacles shall only be used to dispose of trash generated at the
property address to which that receptacle is assigned.
A.
The Town shall provide, or cause to be provided, one recycling receptacle
to each customer who receives municipal trash disposal services. The
receptacle size shall be determined by the Director. Only Town-authorized
receptacles will be accepted for collection. The residents of each
such premises shall:
(1)
Take proper care to protect such recycling container from misuse,
loss and damage; the Town may require the resident to pay for any
replacement carts due to such misuse, loss and/or damage; and
(2)
Return such recycling container to the Town, or its contractor, upon
request of the Director; and
(3)
In the event that he/she vacates the premises, shall leave such recycling
container with the premises for use by the subsequent residents; if
taken, the Town may require payment for such cart.
B.
If additional receptacles are required, additional receptacles shall
be provided at the request of the homeowner at an annual charge established
by the Town Council. Only Town-authorized receptacles will be accepted
for collection.
C.
Recyclable materials are to be set out in containers as directed
by the rules and regulations of the Director.
D.
Leaf and yard waste is to be set out in containers as directed by
rules and regulations of the Director of Public Works.
E.
All recyclable material set out for collection must be in the Town-supplied
receptacle. Loose material will not be collected. All material put
out must fit within the receptacle provided so that the receptacle
lid remains closed.
F.
Receptacles shall be placed for collection as designated by the Director
or his/her designee which does not obstruct vehicular and/or pedestrian
passage. All receptacles must be placed so that they are easily accessible
for collection by the Town, and/or in such a place as the Director,
or his duly authorized agent, may designate or permit.
G.
No person except those individuals and companies authorized by the Director shall collect or picked up or cause to be collected or picked up recyclable materials which have been placed for collection pursuant to § 151-7.
H.
Receptacles shall only be used to dispose of recycling generated
at the property address to which that receptacle is assigned.
A.
Trash and recyclable materials shall be placed for collection on
such day or days as may be designated for collection by the Director.
The Director may designate the specific days of collection for particular
areas of the Town and/or types of trash and/or recyclable materials.
Trash and recyclable materials shall be placed for collection between
5:00 p.m. of the day preceding collection and 7:00 a.m. of the day
of collection. Collection vehicles having passed through the street
will not be sent back to collect any such materials placed for collection
after 7:00 a.m.
B.
All empty receptacles, or items not picked up by the hauler shall
be removed from the area of collection and returned to the private
property of the person(s) who owns or is assigned to the specific
receptacle(s) prior to 12:00 midnight of the day of collection.
C.
When the collection of trash or recyclable materials is delayed due to weather conditions, holidays, or other causes, pick up will extend for, one day or such further period as the Director shall determine and the receptacle placement and removal period specified in Subsections A and B above shall be extended accordingly.
A.
All residents and property owners whose trash is collected by the Town shall comply with §§ 151-6, 151-7 and 151-8 when placing materials for collection, unless specifically exempted pursuant to the provisions of Subsection B. Failure to comply shall result in the imposition of a written warning for the first offense, civil fine of $50 for the second offense, and civil fine of $100 for the third and subsequent offenses.
B.
If compliance with the requirements of Subsection A imposes undue hardship upon a person, that person may request an exemption from this chapter from the Director.
C.
All offenses shall be attributable to the property owner who shall
be liable for the fines specified above.
D.
The Director or his designee shall be authorized to enforce these
provisions.
All persons transporting trash and/or recyclable materials on
public ways of the Town from points outside the Town and to destinations
outside the Town shall register with the Board of Health pursuant
to MGL c. 111, § 31A. Such garbage shall be transported
in accordance with such rules and regulations as the Board of Health
shall make.
No person other than an authorized hauler shall intentionally
remove, disturb or handle the contents of or tip over or upset containers
or receptacles standing upon the sidewalk or within the street limits.
A.
The Department of Public Works may remove and dispose of one bulky
waste item per household per week. All the materials put out for removal
shall be of such form and so prepared and placed as the Director may
specify or accept, otherwise they will not be removed by the Town.
B.
The Director, in his sole discretion, may remove and dispose of more
than one bulky waste item per household per week in accordance with
the provisions relating to cleanouts and move outs.
Customers may opt out of the Town solid waste program if they
provide evidence of licensed alternative hauler and schedule with
the Department of Public Works for carts to be removed. Service cessation
and, once terminated, reinstatement requires payment of a fee established
by the Town Council.
A.
The residential application for exemption of solid waste fee shall
be completed annually and submitted with a current copy of the annual
contract or copy of last paid invoice.
B.
If the customer has been receiving service prior to receipt of exemption,
he/she shall have the cart picked up and shall ensure that it is empty
and clean.
A person having a residential trash collection permit and who
engages in the collection of residential solid waste within the Town
shall not commingle any residential waste collected or received from
dwelling units or municipal buildings located in the Town with any
commercial or industrial solid waste or with any residential waste
generated in another municipality. In addition, such person shall
deliver on behalf of the Town to the Wheelabrator Millbury, Inc.,
refuse-to-energy facility only solid waste collected or received from
residential dwelling units and municipal buildings located within
the Town.
In order to reduce the costs of solid waste disposal, no person
shall deposit for municipal trash pickup any material considered to
be leaf and other yard waste nor any material collected in the municipal
curbside recycling program.
[1]
Editor’s Note: Former § 151-17, Lifeline rates,
was repealed 12-21-2016 by Bylaw Amendment 16-777.
