[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:
BOARD
The South Hadley Board of Health.
DSC
The disposal service contractor who owns and/or provides the dumpster.
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.
PERSON
Any individual, business, firm, contractor, corporation, applicant, property owner or agent.
TEMPORARY DUMPSTER
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.