[HISTORY: Adopted by the City Council of
the City of Northampton as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. 12 of the 1977 Code]
[Amended 1-21-1982; 3-5-1987; 7-20-1989; 11-19-1998; 3-4-1999; 12-4-2003]
As used in this article, the following terms
shall have the meanings indicated:
- BRUSH
- Refers to woody debris from trees, shrubs, and bushes less than six inches in diameter.
- BULKY WASTE MATERIAL
- Includes but is not limited to refrigerators, stoves, and
other large appliances, furniture, mattresses, tires, rolls of carpeting,
refuse in sealed bags or containers and other large waste items which
must be securely held in place in the vehicle by sturdy ropes, cords
or materials so that the solid waste cannot fall, bounce or blow out
of the vehicle on to the roadway.[Amended 12-4-2014]
- CATHODE RAY TUBE (CRT)
- An intact glass tube used to provide the visual display in televisions including monochrome (i.e., black and white) units, computer monitors and certain scientific instruments such as oscilloscopes.
- CLEAN WOOD WASTE
- Refers to wood that is not painted, stained, treated or made of composite materials, and that is as free from foreign materials as possible.
- COMMERCIAL VEHICLE
- Refers to vehicles used by commercial concerns whose primary business is other than the collection, transport, and disposal of garbage, rubbish and industrial waste, and/or any vehicle with commercial plates.
- COMPACTED REFUSE
- Refers to garbage and rubbish compressed by hydraulic force into refuse removal trucks and/or containers.
- CONSTRUCTION AND DEMOLITION (C&D) WASTE
- Building or demolition materials with a maximum size of four
feet in any dimension, including but not limited to wood, roofing
materials, gypsum (wallboard), flooring materials, carpeting, insulation,
fixtures, and pieces of duct and pipes. Cardboard and scrap metal
are not included in this category, as these materials are classified
as "recyclable materials."[Amended 12-4-2014]
- GARBAGE
- Refers to all waste, animal, fish, fowl, fruit or vegetable matter produced or resulting from the use or storage of food for human consumption.
- HAZARDOUS WASTE
- Refers to by-products of society that can pose a substantial or potential hazard to human health or the environment when improperly managed. Hazardous waste possesses at least one of four characteristics (ignitability, corrosivity, reactivity, or toxicity) or appears on special EPA lists.
- LOOSE SOLID WASTE
- Refers to quantities of waste material including but not
limited to brush, leaves, paper, roof shingles, recyclable materials
and other items placed in the rear of a vehicle and which must be
completely enclosed by the sides of the vehicle and a tarp or other
covering which securely holds the waste material in place and prevents
it from falling, bouncing, or blowing from the vehicle onto the roadway.[1][Amended 12-4-2014]
- PRIVATE CARS
- Refers to cars, passenger vans, and station wagons (based on the classification listed on the vehicle registration form) used exclusively by private households for noncommercial purposes.
- PRIVATE TRUCKS
- Refers to trucks, vans, and trailers (based on the classification listed on the vehicle registration form) used exclusively by private households for noncommercial purposes.
- PRIVATE VEHICLE
- Refers to autos, vans, and pickup trucks used exclusively by private households for noncommercial purposes.
- PROPERLY SECURED LOAD
- Refers to all solid waste materials including "solid waste,"
"loose solid waste" and "bulky waste material" being transported to
a solid waste disposal facility; loose solid waste material shall
be in closed vehicles, closed containers, sealed plastic bags, or
completely covered with a tarp or other covering, which encloses it
entirely. Bulky solid waste shall be tied with sturdy ropes or other
materials so that it is securely held in place. All solid waste material
must be securely tied down or covered so that neither it nor any of
its parts can fall out of or blow out of the vehicle transporting
it onto the roadway or properties adjacent to the roadway.[Amended 12-4-2014]
- RECYCLABLE MATERIALS
- Refers to materials that are accepted at the Springfield
Materials Recycling Facility (SMRF) and/or materials that are subject
to a ban on landfill disposal imposed by the Massachusetts Department
of Environmental Protection and/or the Northampton Board of Health.
Materials currently accepted by the SMRF include recyclable paper
and corrugated cardboard, and metal/glass/aseptic/plastic (#1-7) containers.
Materials currently restricted by the DEP under 310 CMR 19.017 include
glass and metal containers, single-resin plastics, recyclable paper
and corrugated cardboard, leaves and yard waste, vehicle batteries,
white goods/appliances, whole tires, cathode ray tubes. In addition,
materials currently restricted by the Northampton Board of Health
include scrap metal and mattresses.[Amended 12-4-2014]
- REFUSE
- Refers to putrescible or nonputrescible solid waste materials, consisting of all combustible and noncombustible solid wastes including garbage and rubbish, but not including recyclable materials and unacceptable materials.
- REFUSE REMOVAL TRUCK
- Refers to trucks used by commercial concerns whose primary business is the collection, transport and disposal of garbage, rubbish and industrial waste.
- RUBBISH
- Refers to domestic solid, combustible and incombustible wastes other than garbage, including commercial refuse.
- SOLID WASTE
- Refers to all materials being transported to a solid waste
disposal facility for disposal and/or recycling, including but not
limited to the following: brush, construction and demolition material,
garbage, household refuse, recyclable material, rubbish, scrap metal,
tires, used appliances, used furniture, and yard waste.[2][Amended 12-4-2014]
- TREE WASTE
- Refers to stumps, trunks, logs, and/or branches with a diameter of six inches or greater.
- UNACCEPTABLE MATERIALS
- Refers to automobiles or automobile parts, waste oils (e.g., used motor oil, bunker oil), bottom ash, chemicals, intact drums, fly ash, hazardous wastes, hot items, radioactive wastes, sludge, recyclable materials, universal wastes and liquid or gaseous wastes of any type except with special written approval of the State Department of Environmental Protection and the Board of Health.
- UNIVERSAL WASTE
- Refers to hazardous batteries, primarily nickel cadmium (NiCd) and button batteries; mercury-containing devices, such as thermostats, manometers, switches, water meters, thermometers, and gauges; mercury-containing lamps, such as fluorescent lamps; and hazardous waste pesticides, e.g., mercury-based pesticides, arsenicals, and chlorinated pesticides; banned or suspended pesticides; pesticides subject to recall by the manufacturer or FIFRA; certain unused pesticides, and/or pesticides collected in a state-approved waste pesticide collection program.
- YARD WASTES
- Refers to grass clippings, leaves, brush, and other plant material generated through landscape/garden maintenance (does not include tree waste).
[1]
Editor's Note: The definition of "precompacted refuse," which
immediately followed this definition, was repealed 12-4-2014.
[2]
Editor's Note: The definition of "special wastes (with prior
approval, notifications, and/or permits), which immediately followed
this definition, was repealed 12-4-2014.
[Amended 12-4-2014]
No person shall deposit in any street, except
as herein otherwise provided, any dead shrub or tree, trimming of
shrubs or trees, posts, pole or other article, earth from cellars
or any rubbish, unless the same shall be immediately removed therefrom
at the expense of the owner or other person making such deposit, except
at such times as the Department of Public Works may request that any
or all of the aforementioned articles be so deposited for removal
by it as a part of the regular rubbish removal programs.
[Amended 8-20-1987; 2-1-2007; 12-4-2014]
No person shall put or place or cause to be put or placed in any street, lane, common, park, court, alley or other public place or on any private property in this City any dirt, filth, ashes, garbage, litter or rubbish of any description; or throw or distribute, or cause to be thrown or distributed therein, any playbill, poster, notice, advertisement or printed paper of any description or any advertising appliance or medium, excepting newspapers distributed to purchasers, except at such times as the Department of Public Works may request that any or all of the aforementioned articles be so deposited for removal by it as a part of its regular rubbish removal program. Violation of this section shall be punishable as set forth in Chapter 40, Enforcement.
[Amended 12-18-2003]
All garbage and rubbish shall be stored in sturdy
tightly covered containers or secured in heavy-duty plastic or paper
bags. Containers shall be stored in a clean location, free of spilled
garbage or rubbish and odor, and shall not be placed upon any street
except as provided in this article.
The Board of Health of the City is hereby authorized and empowered to regulate the storage, collection, transportation and disposal of garbage and rubbish as provided in Chapter 111, §§ 31, 31A and 31B of the General Laws of Massachusetts.
[Amended 7-19-1979; 6-18-1981; 8-20-1981; 6-19-1986; 8-20-1987; 9-3-1987; 6-16-1988; 7-5-1990; 12-1-1994; 8-21-1997; 3-4-1999; 12-4-2003; 12-4-2014]
A.
No person shall remove or transport garbage/rubbish within the City without first obtaining a permit from the Department of Public Works, as authorized by the Board of Health and provided herein pursuant to § 31A of Chapter 111 of the General Laws of Massachusetts. Residential garbage/rubbish transported by the owner is exempt.
B.
No person shall dispose of recyclable materials as
solid waste. Recyclable materials include, but are not limited to,
any materials acceptable to the Springfield Materials Recycling Facility
(MRF) and/or materials banned from disposal by the Northampton Board
of Health and/or the Massachusetts Department of Environmental Protection.
C.
The Board of Health authorizes the Department of Public Works to issue annual permits to City residents to transport refuse, garbage, recyclables, yard waste, and rubbish from their own residential property in private cars, private trucks or private vehicles, provided that certification is made that such permits will be used only for personal household use. Annual permits shall be in the form of sticker attached to each vehicle as per § 272-13B.
D.
Only operators of vehicles displaying a current residential
permit sticker will be allowed to dispose of solid waste or recyclables
at a City residential transfer station(s).
[1]
Editor's Note: Former § 272-7, Commercial vehicle
permits and disposal fees, as amended, was repealed 12-4-2014.
[Amended 12-17-1970; 11-19-1998; 12-4-2003; 2-1-2007; 12-4-2014]
A.
All solid wastes, including but not limited to bulky
waste materials and loose solid waste, which are collected and/or
transported within the City of Northampton shall be so collected and
transported in a manner which will prevent such solid, bulky and loose
solid waste from falling or blowing onto the roadway, or onto property
near or adjacent to the roadway, while transporting such waste within
the City limits.
B.
Solid wastes shall only be collected and transported
in vehicles in good repair with watertight and/or tightly covered
receptacles. The vehicles and receptacles shall be kept in clean condition
satisfactory to the Board of Health, and shall be cleaned at a site
approved by the Board of Health. All such receptacles shall be kept
covered except at such times as the combined refuse is being placed
therein or removed therefrom.
C.
All solid waste being transported to a solid waste
disposal facility shall be in properly secured loads.
D.
Operators of private vehicles transporting improperly secured solid waste shall be subject to an improperly secured load fine as set forth in Chapter 40, Enforcement, for each of the first five offenses, in addition to other applicable refuse disposal charges. For each subsequent offense, the improperly secured load fine shall be as set forth in Chapter 40.
(1)
The Board of Health and/or the Department of Public
Works acting through its agents and employees shall have the authority
to withhold a residential permit from any residential user who has
outstanding improperly secured load fines due to the City.
(2)
If the holder of a residential permit shall have no
offenses for a period of two years, the holder's record of previous
offenses shall be expunged, provided that there are no outstanding
improperly secured load fines due to the City.
E.
Operators of commercial vehicles transporting improperly secured solid waste shall be subject to the improperly secured load fines as set forth in Chapter 40, Enforcement.
(1)
For a fourth offense, the Board of Health and/or the
Department of Public Works shall have the right (after providing an
opportunity for hearing) to suspend the commercial entity's refuse
disposal permit for up to one month and to charge a fine of up to
$1,000 in costs to reimburse the City for the costs of the hearing
including staff time and also to cover any and all staff time necessary
to clean up the refuse which may have fallen or blown unto the roadway
or property adjacent to the roadway.
(2)
The Board of Health and/or the Department of Public
Works acting through its agents and employees shall have the authority
to withhold a commercial permit from any commercial user who has outstanding
improperly secured load fines due to the City.
F.
The operator of any vehicle transporting improperly
secured solid waste who refuses to pay the improperly secured load
fine and/or who exits the disposal facility with improperly secured
refuse shall be subject to an additional fine equal to the original
fine imposed.
Collection shall be made in a manner that will
prevent garbage or rubbish from falling from the container to the
ground and so as to prevent rubbish being blown by the wind. Collections
shall be made from an off-street location except for curbside collections
from single-family and two-family homes, where containers may be placed
near a street after 6:00 p.m. on the day before a curbside collection
is to be made, provided that the containers are removed by 6:00 p.m.
on the day of collection.
[Amended 12-4-2014]
It shall be unlawful for any person to deposit,
place or dispose of garbage or rubbish in any place except a site
assigned for that purpose by the Board of Health as provided in MGL
c. 111, § 150A.
[1]
Editor's Note: Former § 272-11, Permit for disposal
of demolition materials, as amended, was repealed 12-4-2014.
[Amended 12-17-1970; 3-20-1986; 3-19-1992]
The builder of each new dwelling unit shall
cause a garbage disposer to be installed prior to the final building
inspection. Provisions shall be made for connection to a sanitary
sewer line or to a septic tank in conformance with the State Environmental
Code, 310 CMR 15.00 Title 5. This requirement shall be optional in
dwellings not served by sanitary sewer and single-family dwellings.
[Amended 6-18-1981; 8-20-1981; 8-20-1987; 6-16-1988; 6-21-1990; 12-4-2003; 12-4-2014]
A.
Municipal transfer station(s) established within the
City shall be for the sole use of residents of the City, and only
residential refuse and rubbish shall be deposited in the compactor
unit.
B.
The Department of Public Works shall issue permits
in the form of stickers to be attached to each vehicle. Said permit
shall allow use of a municipal solid waste disposal facility.
[Amended 2-1-2007]
Any person violating any of the provisions of
this chapter or refusing to comply with any of the provisions therein
contained, shall upon conviction be fined in any sum of not more than
$1,000. Each day's continuance of such violation or failure shall
be deemed a separate and distinct offense. Any person violating such
provisions shall be liable for cost incurred by the City to correct
any violation.
[Added 2-4-1988; amended 4-5-1990; 12-4-2003; 12-4-2014]
A.
There is hereby established in the City of Northampton
a program for the mandatory separation of recyclable materials from
garbage or rubbish by anyone who lives or works in Northampton, including
residents (including but not limited to inhabitants of single-family
units, multifamily units, condominiums, boardinghouses, schools, assisted
living facilities, etc.), businesses (including but limited to offices
and retail establishments), institutions and industries located in
the City of Northampton.
[1]
Editor's Note: Former § 272-16, Disposal of refuse
at landfill; unacceptable garbage and trash, added 6-20-1991 and amended
1-6-1994, was repealed 12-4-2014.
[Added 12-5-2002; amended 2-1-2007]
A.
No person shall use public recycling and trash disposal receptacles for the disposal of household refuse. Employees of business enterprises or other privately owned establishments are prohibited from disposing of business refuse in public recycling and trash receptacles. Depositing waste into and/or scavenging materials out of a commercial or municipal dumpster or trash or recycling container without the consent of the owner or a person with legal authority is prohibited. Violators of this section shall be subject to fines, which shall be in addition to all other applicable disposal and cleanup charges, as set forth in Chapter 40, Enforcement.
[Adopted 12-4-2003 (Ch. 22, Art. III, of the 1977 Code)]
[Added 5-21-2015]
A.
General definitions. As used in this section, the following terms
shall have the meanings indicated:
- ASTM
- A testing standard developed by the American Society for Testing and Materials.
- BIODEGRADABLE PACKAGING
- Packaging other than plastic or styrofoam which composts into beneficial breakdown components.
- COMPOSTABLE PACKAGING
- Packing that is made of material that conforms to the current American Society for Testing and Materials International D6400 for compostability.
- MERCHANDISE
- Products that are purchased in the retail stores.
- RECYCLABLE
- Material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
- RETAIL ESTABLISHMENT
- All sales outlets, stores, shops, pharmacies or other places of business located within the City of Northampton which sell or convey merchandise directly to the ultimate consumer.
- RETAIL FOOD ESTABLISHMENT
- All sales outlets, stores, shops, restaurants, markets, supermarkets, clubs or other places of business which sell, serve or convey foods directly to the ultimate consumer. This definition shall include but is not limited to any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured, sold or offered to the public; similar places in which food or drink is prepared for sale or service on the premises or elsewhere; and any other establishment or operation, including in-home caterers, where food is processed, prepared, stored, served or provided for the public, regardless of whether there is a charge for the food.
- RETAIL SERVICE ESTABLISHMENTS
- All places of business located within the City of Northampton where a service, specialized or professional work is offered to the public, regardless of whether there is a charge for the service.
B.
Shopping bag definitions. As used in this section, the following
terms shall have the meanings indicated:
- BIODEGRADABLE BAGS
- Bags that:
- COMPOSTABLE PLASTIC BAGS
- Plastic bags that:
- REUSABLE BAGS
- Bags that have a thickness greater than 3.0 mils and are specifically designed for multiple use and are made of thick recyclable plastic, cloth, fabric or other durable materials that do not decompose into harmful chemical components. A reusable bag may be recyclable or compostable and is specifically designed and manufactured for multiple reuse.
- THIN-FILM SINGLE-USE PLASTIC BAGS
- Bags with a thickness of 3.0 mils or less and which are intended for single-use transport of purchased products.
C.
General prohibition and regulation. No retail establishment, retail food establishment, or retail service establishment as defined in Subsection A, shall sell or convey merchandise to ultimate consumers in thin-film single-use plastic bags, and said establishments shall only use such bags that are:
D.
Exemptions. Subsection C of this regulation shall not apply to the following items:
(1)
Thin-film plastic bags used to contain dry cleaning, newspapers,
produce, meat, bulk foods, wet items and other similar merchandise,
typically without handles;
(2)
Any flexible transparent covering for uncooked or raw meat, poultry,
raw fish, hard cheese, cold cuts, fruit, and vegetable products, baked
goods, or bread;
(3)
Thin-film single-use plastic bags under three mils purchased prior
to April 1, 2015, and used before July 1, 2018.
E.
Penalties and enforcement.
(1)
If it is determined that a violation of any subsection of this section
has occurred, the Mayor's designee shall issue a warning notice
for the initial violation.
(2)
If an additional violation of this section has occurred within one
year after a warning notice has been issued for an initial violation,
the Mayor's designee shall issue a notice of violation and shall
impose a penalty against the retail establishment.
(3)
The penalty for each violation that occurs after the issuance of
the warning notice shall be no more than: 1) $50 for the first offense;
2) $100 for the second offense and all subsequent offenses. Payment
shall be made within 21 days to the City Clerk. Nonpayment of such
fines may be enforced through civil action in the Northampton District
Court. No more than one penalty shall be imposed upon a retail establishment
within a seven-calendar-day period.
F.
Date of effect. This section will take effect on January 1, 2016.
G.
Hardship deferments.
(1)
Upon written application, the Mayor's designee may defer application of any subsection of this section for a six-month period after the effective date stated in Subsection F upon a showing of hardship. Hardship will be found when:
(2)
Any entity granted a deferment by the Mayor's designee must
reapply prior to the end of the six-month exemption period and demonstrate
continued undue hardship if it wishes to have the deferment extended.
Deferments may only be granted for intervals not to exceed six months.
(3)
A deferment granted in accordance with this subsection may be extended
for no more than two additional six-month periods, upon written application
to the Mayor's designee at least two months prior to the expiration
of the prior deferment period and upon a showing that the circumstances
justifying the deferment continue to exist.
(4)
A deferment application shall include all information necessary for
the Mayor's designee to make its decision, including, but not
limited to, documentation showing the factual support for the claimed
deferment. The Mayor's designee may require the applicant to
provide additional information to permit it to determine facts regarding
the deferment application.
(5)
The Mayor's designee may approve the deferment application,
in whole or in part, with or without conditions that it deems necessary
to protect the environment and public health and further the interests
of this section.
(6)
Deferment decisions are effective immediately and final.
[1]
Editor's Note: Former § 272-18, Available surplus
account, was repealed 12-4-2014.
[Amended 12-4-2014]
A.
Every person, corporation, or entity who disposes
of solid waste and/or recyclable materials at the landfill and/or
transfer station(s) of the City of Northampton shall be charged for
an annual permit at a rate(s) set by the Department of Public Works.
B.
The Department of Public Works shall make such rules
and regulations concerning permit fees, starting and closing date(s)
and exemptions for refuse collection vehicles, commercial vehicles,
and private vehicles, as it deems appropriate.
[Amended 12-4-2014]
Every person who disposes of solid waste and/or
recyclable materials at the landfill and/or transfer station(s) of
the City of Northampton shall be charged for such usage at the rate(s)
set by the Department of Public Works.
[Amended 12-4-2014]
A.
For customers on a monthly billing system, disposal
and permit fees shall be collected by separate billings sent out by
the Department of Public Works.
B.
The Department of Public Works shall make such rules
and regulations concerning contract rates, billing dates, discounts,
exemptions, surcharges, interest on overdue accounts, late fees and
penalties as it deems appropriate.
C.
If a bill for usage of integrated solid waste management
facilities is not paid in full by the 30th day from the date the bill
is mailed, an interest penalty of 14% per annum shall be assessed
on any unpaid balance. Interest shall accrue from the date of mailing
of the bill.
D.
At any time after interest begins to accrue on an
unpaid account, the Collector may serve on the party assessed a statement
of the amount due, including interest, with a demand for payment.
A charge of $5 shall be made for such demand. If the amount due remains
unpaid 14 days after mailing of said demand, the Collector shall commit
the amount to the Board of Assessors for inclusion on the next annual
property tax bill.
E.
The Department of Public Works may, at its discretion,
refuse to allow any hauler with an unpaid account which has begun
to accrue interest to dispose of solid waste, recyclable materials,
or daily cover materials at the integrated solid waste management
facility or may require such hauler to pay immediately at the time
of disposal. The Department of Public Works or other appropriate City
official may take any other appropriate action permitted by local
ordinance or state statute in connection with an unpaid, overdue account.
These fees relate solely to the matters covered
by this article and are separate from all other fees chargeable by
the City.
