[Adopted effective 5-1-2013; amended in its entirety 9-6-2017]
A.
These regulations provide for the systematic collection of refuse
and recyclables in order to promote recycling, to comply with state-mandated
waste bans and to assist in cost reduction for residential waste disposal
by removing those items from the waste stream which can be managed
more effectively in other ways. The Board of Health of the Town of
South Hadley adopts these regulations under the provisions of Chapter
111, §§ 31, 31A, 31B, 122 and 150A of the Massachusetts
General Laws.
B.
South Hadley has a mandatory recycling bylaw that requires all residents
and businesses to recycle. All commerical haulers collecting, removing,
and/or transporting solid waste and/or recyclables on behalf of Town
residents or businesses must obtain an annual permit from the Board
of Health and must comply with the following Board of Health regulations.
A.
All haulers shall apply annually for a hauler permit from the South
Hadley Board of Health by submitting an application form provided
by the Board. A completed application form, including any information
requested by the Town, and payment of related fees are required before
a permit will be processed. Any application which fails to include
all information requested in the Board of Health regulations shall
be deemed incomplete and shall be denied. The permit shall be valid
for one calendar year and shall be renewable on the first day of January
each year.
B.
All collection vehicles shall display a Town of South Hadley refuse
hauler permit sticker at all times.
C.
Haulers must provide refuse and recycling services bundled together,
i.e., the hauler may not provide refuse services alone. The bundled
service must provide customers with solid waste and recyclables collection
at a rate that reflects the cost of providing both services. Solid
waste and recycling services must be provided by the same permitted
hauler unless otherwise preapproved by the Board of Health.
D.
Haulers shall only collect for disposal those items acceptable for
disposal. Waste ban items, which include recyclables, should not be
included with trash. It is the responsibility of the hauler to refuse
to accept a container with mixed trash and recyclables. Improper collection
of waste may be cause for immediate and permanent revocation of the
hauler's permit. Please refer to the attached list of waste banned
items, which may not be accepted at Massachusetts' disposal facilities.[1]
[1]
Editor's Note: Said list is on file in the Town offices.
A.
Recycling services must be provided to all customers as a part of
the hauler's provision of integrated waste management services. This
includes the collection of both solid waste and recyclable materials
and the delivery of these materials to an appropriate disposal facility
(in the case of solid waste) and recycling processing facility (in
the case of recycling materials).
B.
The following information must be provided annually prior to renewal
of annual permit:
(1)
A completed solid waste and recycling report.
(2)
A copy of your "sorry note" or other means of notifying customers
of improper recycling or trash disposal.
(3)
A copy of recycling educational material you provide to your customers.
(4)
Copies of certificates of insurance for public liability and property
insurance.
C.
Haulers shall request their customers to put refuse in secured containers
to prevent littering by animals. All storage bins/dumpsters provided
to customers for storage of refuse shall be covered.
D.
In the event that the hauler refuses to collect any materials, the
hauler will notify such customers in writing of the reason(s) for
refusal to collect the waste. The Board of Health will, where possible,
assist the hauler in helping customers come into compliance with these
regulations.
E.
The Board of Health and its agents, as defined in § 300-78A, reserve the right to monitor collection vehicles, loads, litter and/or nuisance conditions and routes at reasonable times in order to ensure that all hauler services comply with all applicable state and local laws, bylaws and regulations. The Board of Health retains the right to define and determine nuisance conditions.
A.
The individuals empowered to enforce the provision of these regulations
shall be the agent of the Board of Health, any member of the Board
of Health, the DPW Solid Waste Coordinator, other DPW personnel designated
by the Superintendent or any police officer of the Town.
B.
Enforcement agent(s) may inspect collection vehicles and loads at
reasonable times in order to ensure that they comply with all applicable
state laws or local regulations.
C.
No vehicle shall be driven or moved on any street or highway within
the Town unless such vehicle is so constructed and so loaded as to
prevent its contents from spilling, dropping, shifting, leaking or
otherwise escaping. Vehicles loaded with any material which may be
blown about by the wind shall be suitably covered to prevent the contents
from being blown upon the streets or highways. All vehicles must comply
with the Town's traffic regulations.
D.
In the event that a hauler fails to follow these regulations, the
Board of Health reserves the right to impose reasonable fines or take
other action in accordance with state and local regulations. Failure
to comply with the requirements of these regulations could result
in the loss of the refuse hauler's permit.
Any party cited for a violation of these regulations may appeal
such citation by filing a written notice of appeal with the South
Hadley Board of Health within seven days, exclusive of Saturdays,
Sundays and legal holidays, from the date of said citation. A hearing
will be held within 60 days from the date of the filing of the appeal.
Written notice of the hearing date will be delivered to the applicant
at least two weeks prior to the scheduled date. The hearing will be
conducted in accordance with the established procedures of the Board
of Health.
If any provision, clause, sentence or paragraph of this regulation
or the application thereof to any person or circumstances shall be
held invalid or unenforceable, the other provisions shall not be affected
thereby, but shall continue in full force and effect.
