[Adopted 6-1-2016, effective 9-1-2016]
The Board of Health, Town of South Hadley, Massachusetts, in
accordance with and under the authority granted by MGL c. 111, §§ 30,
31A and 31B, hereby adopted the following rules and regulations at
the meeting of June 1, 2016. This regulation shall take effect September
1, 2016.
These regulations apply to all existing and future dumpsters
in the Town of South Hadley, whether for residential, commercial or
industrial uses.
As used in this regulation, the following terms shall have the
meanings indicated:
The South Hadley Board of Health.
The disposal service contractor who owns and/or provides
the dumpster.
Any container other than a conventional trash can with lid
intended for the temporary outdoor storage of rubbish, garbage, recyclable
materials, putrescible solid waste or refuse of any sort.
Any individual, business, firm, contractor, corporation,
applicant, property owner or agent.
A dumpster that is used in connection with construction,
demolition, fairs or for similar temporary needs, a permit for which
shall be issued for no more than 30 days, renewable for additional
thirty-day periods upon application, not to exceed a total period
of 12 months.
A.
No person shall maintain or operate a trash or refuse dumpster without
first obtaining a permit from the South Hadley Board of Health at
least three days prior to installation.
B.
The permit fee shall be in accordance with the current Board of Health
fee schedule, per establishment per calendar year; temporary dumpsters
per thirty-day period. The appropriate fee shall be accompanied by
a completed application, including site-specific criteria (e.g., photos,
sketches) on a form supplied by the Board of Health.
C.
Dumpster permits may be suspended or revoked by the Board of Health
for failure of the DSC to comply with the requirements of these regulations.
D.
No DSC shall provide or service a dumpster in the Town of South Hadley,
for the purpose of storage, removal or transportation of garbage,
rubbish, or other offensive substances, without first obtaining a
hauler's permit from the Board of Health. All hauler licenses shall
expire at the end of the calendar year in which they are issued, but
may be renewed annually upon application as herein provided. There
shall be a renewal fee according to the current fee schedule for said
hauler's permit. The fee is per truck.
E.
These regulations apply to dumpsters in the Town of South Hadley.
An inspection and sanitary survey of the dumpster and surrounding
area may be conducted by the Board of Health and/or its agent(s) to
verify compliance with Board of Health standards.
F.
All dumpsters shall be rodentproof. For those dumpsters that have
a hole located in the lower area of the dumpster near the rear wall
of the container, a permanent seal secured with sheet metal or wire
mesh strong enough to prevent rodents from entering the dumpster is
required. All holes in any dumpster shall be less than 1/4 inch in
diameter, with the exception of those designed by the manufacturer
with a drain flange not more than 1 1/2 inches in diameter. Holes
built into the dumpster for the purpose of applying fire-fighting
water shall be capped, but not permanently secured so as to render
them inoperable.
G.
The Board of Health may attach any condition to the permit of the
person whose property the dumpster is on to assure the health, safety,
welfare or quality of life of the citizens of the Town of South Hadley.
H.
No dumpster is to be placed on Town property without first obtaining
permission from the Town and or its agent(s).
A.
The DSC shall have the dumpster(s) deodorized, washed or sanitized
as necessary at the time of emptying, or as directed by order of the
Board of Health.
B.
The emptying of the contents of the dumpster(s) by the contractor
shall not commence before 7:00 a.m. and not continue after 9:00 p.m.
The Board of Health may modify these hours if, in its reasonable judgment,
it is convinced that the public health and safety or public welfare
would be better served and a nuisance would not be created. The Board
of Health shall be guided in this regard by the location, proximity
to residential property, frequency of emptying, resulting noise and
other factors deemed appropriate.
C.
The DSC shall have his/her name and business telephone number conspicuously
displayed on each dumpster.
D.
No truck that hauls dumpster contents shall be used to transport
hazardous or biomaterials waste.
E.
The Board of Health may attach any conditions to the license of a
removal contractor that it deems would serve the interest of the health,
safety, welfare or quality of life of the citizens of the Town.
A.
Each dumpster shall be located at an approved distance from the lot
line so as not to interfere with the safety, convenience or health
of an abutter. The location of the dumpster shall be approved by the
Board of Health. Each dumpster shall be located a minimum of 20 feet
from any industrial, commercial or residential building.
B.
All permanent dumpsters shall be located on material impervious to
water (asphalt, concrete, etc.) unless otherwise approved by the Board
of Health.
C.
The Board of Health, when deemed necessary, may require that a dumpster
site be enclosed or screened by the property owner or authorized agent.
D.
It shall be the responsibility of the person whose property is being
serviced to maintain the dumpster area free from odors, scattered
or windblown debris, overflow and all other nuisances, including but
not limited to rodents.
E.
Each dumpster must be of sufficient size and capacity to eliminate
overflowing and allow lids to close. It is the responsibility of the
property owner to schedule the emptying frequency of the dumpster
to prevent overflowing.
F.
It shall also be the responsibility of the person whose property
is being serviced by the dumpster(s) to maintain the lid(s) in a closed
condition at all times except when actually in the process of placing
in or removing refuse from the dumpster(s).
G.
Dumpsters are to be used only by those individuals who are authorized
by the person whose property is being serviced.
H.
No dumpster shall be used to dispose of hazardous or biomaterials
waste as defined by local, state or federal regulations.
I.
Dumpsters are not to be filled after 9:00 p.m. or before 7:00 a.m.
for residential property or after the close of the business day for
commercial property or industrial use, at which time the lids are
to be locked.
A.
No person shall maintain or operate a temporary dumpster without
first obtaining a thirty-day temporary dumpster permit from the Board
of Health at least three days prior to installation. Said permit may
be renewed for an additional 30 days upon receipt of a written reapplication.
The person shall comply with all the provisions of these regulations
which are applicable to the operation of a dumpster, including all
temporary dumpsters for on-site use by construction, renovation or
repair firms.
B.
The fee for each temporary dumpster permit shall be set by the Board
of Health on the approved fee schedule.
C.
An emergency waiver will be issued for the immediate placement of
a dumpster on any given property, in a safe and reasonable location,
for the purpose of mitigating the effects following a fire, water
leak, flood (basement, etc.) or other emergent issue which would require
the immediate disposal of items or materials within a building or
property for the purposes of general safety, health or structural
stability. A permit for a dumpster shall then be obtained within a
reasonable time in light of the nature of the emergency.
A.
Subject to the laws of the commonwealth, random inspections and sanitary
surveys of in-place dumpsters/temporary dumpsters and surrounding
areas may be conducted by the Board of Health and/or its agent(s)
to verify compliance with Board of Health standards.
B.
All violations of state and local regulations shall be corrected
in accordance with said regulations and within the time frame as determined
by the Board of Health and/or its agent(s).
C.
If corrective action as ordered by the Board of Health and/or its
agent(s) is not taken by the person whose property is being serviced,
or the DSC within the time limit set forth by such order, the Board
may suspend or revoke the dumpster permit or take such legal action
as necessary to correct the violation.
D.
The Board of Health, at its discretion, may levy fines upon any person
or DSC found in violation of these regulations in accordance with
MGL c. 40, § 21D. Fines will be $50 per violation. Each
day that the violation remains uncorrected constitutes a separate
violation.
E.
The Board of Health and/or its agent(s) shall enforce these regulations
and/or any violations thereof on any container and/or dumpster if
it is deemed by the Board of Health and/or its agent(s) to be a public
health hazard or a nuisance.
A.
The Board of Health and/or its agent(s) may, in its sole discretion,
grant a waiver and/or add conditions to a dumpster permit, or to an
existing dumpster permit currently in effect. Waivers shall be granted
only when, in the opinion of the Board of Health and/or its agent(s):
(1)
The person requesting a waiver has established that enforcement
of the regulations from which a waiver is sought would be manifestly
unjust, considering all the relevant facts and circumstances of the
individual case; and
(2)
The person requesting a waiver has established that a level
of environmental protection, public health hazard and nuisance control
is at least equivalent to that provided within this dumpster regulation.
B.
New construction projects, as determined by the Board of Health and/or
its agent(s), will not be granted a waiver to the dumpster regulations.
C.
A waiver request shall be in writing accompanied by any sketches,
pictures or other information for Board of Health and/or its agent(s)
consideration.
D.
The applicant shall make reference to the specific section of the dumpster regulations for which a waiver is sought, and a statement in compliance with Subsection A.
E.
Any waiver granted by the Board of Health and/or its agent(s) shall
be in writing. Any denial of a waiver shall also be in writing and
shall contain a brief statement of the reasons for the denial.
If any provision of this regulation is declared invalid or unenforceable,
it shall not affect any other provision or the administration thereof
but shall continue in full force and effect.
These regulations were adopted by the South Hadley Board of
Health on June 1, 2016, and will take effect on September 1, 2016.
