[HISTORY: Adopted by the Board of Health of the Town of Whately as indicated in article histories. Amendments noted where applicable.]
[Adopted 2016[1]]
These regulations provide for the systematic collection of refuse and recyclables in order to promote recycling, to comply with state and locally mandated waste disposal bans and for the protection of public health and the environment.
A.
For the purposes of this regulation, the "permittee" shall refer to any person or business that collects or transports solid waste generated within Whately for a fee or other compensation, and the "permit" shall refer to the commercial waste hauling license required and issued by the Whately Board of Health. The permit authorizes the permittee to engage in the business of solid waste hauling within the Town of Whately.
B.
This regulation shall not apply to the temporary collection or transportation of construction and demolition waste in Whately that is otherwise regulated by the State of Massachusetts.
A.
A waste hauler engaged in collecting or transporting solid waste generated within the Town of Whately (hereinafter referred to as the "permittee") shall obtain an annual permit from the Whately Board of Health before January 1 for the following calendar year prior to commencing collection services. Permits shall be valid for one calendar year and shall be renewable annually subject to review and approval by the Board of Health. Any permit application that fails to include all information specified in these Board of Health regulations shall be deemed incomplete and shall be denied. Permits are not transferable without prior approval from the Board of Health.
B.
Each applicant shall agree to abide by all rules and regulations set forth by the Board of Health and the Massachusetts Department of Environmental Protection (DEP), pay the required fee, and submit the following information:
(1)
Reports. Permittees shall maintain an updated Whately customer list that includes the names and addresses of their customers, the type of service (e.g., one barrel or dumpster, including recycling bins, etc.), and the pickup schedule, and provide such list to the Whately Board of Health or its agent, if requested.
(a)
Notifications. The permittee shall indicate upon permit request/renewal the means that will be employed to ensure that its Whately customers recycle all items banned from disposal at solid waste facilities as described in 310 CMR 19.017(3), and how nonrecyclable materials will be excluded from recyclable materials. The permittee must also indicate how customers will be notified of improper disposal methods, which includes (but is not limited to) the disposal of recyclable materials as trash.
(b)
Upon request from the permittee, the Whately Board of Health will provide technical assistance and/or outreach materials to support the permittee's efforts to comply with the Town's mandatory recycling requirements, including, for example, access to the Town of Whately transfer station's recycling and composting containers for Whately residential customers.
(2)
Services.
(a)
All waste collection services shall be provided to customers as part of an integrated waste management service (i.e., that includes the collection of both refuse and recyclables) to comply with the DEP's solid waste disposal bans (310 CMR 19.000), as well as Chapter 133, Recycling, of the Town Code, which prohibits the waste disposal of recyclable materials, the definition of which may expand at any time.
(b)
Recyclable materials that are banned from disposal include 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 DEP and/or the Whately Board of Health. Materials currently accepted by the SMRF include recyclable paper and corrugated cardboard, metal/glass/aseptic containers, and all plastic bottles, jars, jugs and tubs. 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, asphalt/brick/concrete, wood and universal wastes (products containing mercury).
(c)
For the purposes of this regulation, incineration of waste is not considered recycling. Composting of certain biodegradable elements of the waste stream may be accepted as recycling.
(3)
Permit applications shall include payment of a fee determined by the Board of Health per permittee and proof of property and liability insurance at the time of submittal.
[Amended 3-11-2024]
A.
Agents empowered to enforce the provisions of these regulations shall be any member of the Whately Board of Health, its agent or their designee, including but not limited to any police officer, and the Town's Solid Waste Committee members.
B.
Enforcement agent(s) may inspect the permittee's recycling/refuse containers and/or vehicles at any location in the Town to ensure that the materials being collected are in compliance with all applicable state or local laws and regulations.
C.
The first violation of any part of these regulations will result in a warning to the permittee, providing details about the infraction(s) and specific requirements that will have to be met to comply with Chapter 133, Recycling, of the Town Code. Follow-up inspections will be conducted at random. The second and subsequent violations will result in fines per § 228-6 herein.
D.
A permit may be suspended, modified or revoked by the Whately Board of Health upon receipt of satisfactory evidence that the permittee has not conformed to the requirements of these regulations. The Board of Health may also issue an order to resolve the stated problem within a specific time frame.
After receiving an initial warning, a permittee who further violates any provision of these regulations in the same calendar year may by subject to a maximum fine of up to $250 per day for each such violation:
Any party cited for a violation of these regulations may appeal such citation by filing a written notice of appeal to the Whately Board of Health within seven days of the date of said citation, exclusive of Saturdays, Sundays and legal holidays. A hearing will be held within 60 days of 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 Whately 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.