[HISTORY: Adopted by the Board of Health of the Town of Easton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-2006[1]]
[1]
Editor's Note: This regulation also repealed former Art. I,
Storage and Collection, adopted 3-25-1985.
The Board of Health serving the Town of Easton, Bristol County,
Massachusetts, in accordance with and under the authority of Sections
31 and 31B of Chapter 111 of the General Laws of the Commonwealth
of Massachusetts, hereby adopt the following regulation at a meeting
of the Board of Health, July 10, 2006.
The regulation shall take effect on January 1, 2007. All other
local Board of Health regulations inconsistent with these regulations
are repealed as of date of the public notification.
A.
Any individual, entity or business collecting, removing, transporting
and disposing of garbage, offal or other offensive substances in the
Town of Easton shall obtain a permit to do so from the Easton Board
of Health.
B.
The permit shall be valid for one calendar year from January 1st
through December 31st of each year, unless revoked sooner by the Board
of Health. The initial permit application and future permit applications
are subject to review and approval by the Board of Health. No permit
shall be transferable except with the written approval from the Board
of Health.
C.
Each applicant shall submit to the Easton Board of Health a completed
application including but not limited to a list of customers to be
served day and time of frequency of collection, an estimate tons of
solid waste to be collected daily and an estimate of recyclables to
be collected daily. A written process for resolving complaints, disputes
or permit violations shall be submitted with the permit application.
D.
Each applicant shall provide to the satisfaction of the Board of
Health a collection program that provides trash and recycling services
in compliance with the Massachusetts Solid Waste Master Plan and Department
of Environmental Protection Regulations. The collection program shall
be submitted in writing accompanying the permit application. The applicant
may be asked to explain their collection program to the Board of Health
at one of their public meetings as part of the permit application
review and approval process.
E.
Submitted applications which fails to include all information requested
by the Board of Health shall be deemed incomplete and shall be denied.
F.
The application fee set by the Board of Health shall be submitted
with all applications.
A.
All permitted individuals, entities, and businesses shall provide
trash and recycling services in compliance with the Massachusetts
Solid Waste Master Plan and Department of Environmental Protection
Regulations. Trash collection and recyclable collection service shall
be offered at a single price to customers or as part of an integrated
waste management service that includes both trash collection and recyclable
collection.
B.
All permitted individuals, entities, and businesses shall submit
monthly reports listing the residential tonnage of refuse and recyclables
that has been collected. The monthly reports shall include copies
of weight slips or vendor receipts to support the tonnage documented.
The report shall be submitted to the Easton Board of Health beginning
one month from the application approval date and continuing each month
during which the applicant holds a valid permit.
A.
Mixed garbage and rubbish shall be stored in water-tight receptacles
with tight-fitting covers. The receptacles shall be of metal or other
durable material to prevent wildlife from entering the container.
B.
Plastic bags may be used to store mixed garbage and rubbish only
if used as a liner in water-tight receptacles as required above. Plastic
bags may be put curbside on the day of collection.
The collection at residential homes shall be made between the
hours of 7:00 AM to 6:00 PM. No pickups outside this time frame will
be allowed without prior approval from the Board of Health.
Failure to provide the information required by this regulation
may result in the suspension, modification or revocation of the permit.
Failure to comply with any of the other provisions of this regulation
may result in the suspension, modification or revocation of the permit.
Any person aggrieved by the enforcement of this regulation may
request a hearing in writing before the Board of Health within seven
days of the date of the notice of such enforcing action.
If any of the provisions of this regulation are deemed invalid,
the remaining provisions thereof shall not be affected thereby and
shall continue in full force and effect.
[Adopted 3-15-2010[1]]
[1]
Editor's Note: This regulation also repealed former Art. II,
Dumpsters, adopted 3-25-1985, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
A container used for the collection, storage or transportation
of garbage, rubbish, grease or refuse or any other material for discard,
disposal or recycling. It shall not apply to the ordinary household
trash can of a volume of less than 99 gallons.
Any individual, partnership, corporation, association, or
other legal entity that contracts for or requests the installation,
maintenance or servicing of a dumpster. "User" also includes any authorized
agent of such legal entity.
A.
No contractor, firm or person shall supply a dumpster service in
the Town of Easton for the purpose of storage, removal or transporting
of garbage rubbish, offal or other offensive substances without first
obtaining a Permit to Operate a Dumpster Service, from the Easton
Board of Health.
B.
All permits shall expire at the end of the calendar year in which
they are issued, and may be renewed annually.
C.
The fee for each Permit to Operate a Dumpster Service, as set in
the Easton Board of Health fee schedule, shall be filed prior to the
issuance of the permit.
D.
Each permit application shall be accompanied by a list of all dumpsters
serviced in the Town of Easton. The list shall be updated throughout
the year as clients are added or removed.
A.
The user shall be responsible for obtaining a dumpster permit from
the Board of Health.
B.
All permits shall expire at the end of the calendar year in which
they are issued, and may be renewed annually.
C.
The fee for each permit to maintain a dumpster: as set in the Easton
Board of Health fee schedule. All fees must be paid prior to the issuance
of the permit.
A.
Permits for temporary dumpster permits (roll-off or gondola type)
will be issued to the user for a period not to exceed 30 days, and
only in connection with construction, demolition, fairs, carnivals
or other similar temporary needs.
B.
Said permit may be renewed for one additional thirty-day period.
C.
The user of a temporary permit shall comply with all the provisions
of these regulations which are applicable to the operation of the
dumpster.
D.
There shall be a fee, set in the Easton Board of Health fee schedule,
for each temporary dumpster permit. All fees must be paid prior to
the issuance of the permit.
A.
Dumpster location must be approved by the Board of Health.
B.
A dumpster may be located no closer than five feet to any lot line.
C.
Dumpsters shall be located at a minimum 15 feet from a building.
D.
No dumpster shall be placed in such a way as to interfere with the
safety, convenience, or health of abutters. No dumpster shall be placed
so as to block a public way or sidewalk. Each dumpster must be situated
so as not to obstruct the view of flowing traffic when exiting or
entering the site.
E.
When deemed necessary the Board of Health may require that a dumpster
site be enclosed or screened by the property owner or authorized agent.
F.
When deemed necessary the Board of Health may require that a dumpster
be located upon an impervious surface.
G.
The user shall be responsible for maintaining the dumpster and the
area immediately adjacent thereto free of odors, scattered debris,
overflowing and other nuisances.
H.
Each dumpster is to be of sufficient size and capacity to eliminate
overflow and the property owner or authorized agent of the premises
utilizing the service must take appropriate action immediately to
empty when full.
I.
All dumpsters shall display a clearly visible decal or stencil showing
the company that owns and maintains it.
J.
The dumpster shall be kept closed, clean, painted, water tight and
in good condition. The Dumpster shall be deodorized when emptied and,
if necessary, replaced, washed or sanitized as directed by the Board
of Health or its agent.
K.
The Board of Health may order a lock for the dumpster or a locking
enclosure in order to gain compliance with this regulation.
A.
A formal inspection shall be made upon the filing of the initial
permit application and thereafter, annually upon renewal. The Board
of Health retains the right to inspect any dumpster which it believes
is not being maintained in compliance with these regulations.
B.
The inspection shall verify the proper placement and maintenance
of each dumpster.
C.
Upon successful completion of the inspection, each dumpster shall
be affixed with a sticker provided by the Board of Health.
A.
The Board of Health may revoke or suspend the permit of a company
or the permit for a dumpster for failure to comply with these regulations
only after the permit holder is notified in writing and given an opportunity
to be heard.
B.
The Board of Health may, at any time, order the removal or the cessation
of use of a dumpster if an imminent health or safety hazard is found
to exist.
The Board of Health may vary the application of any provision
of these regulations with respect to any particular case when, in
its opinion, the enforcement would compromise or be detrimental to
the public health, safety or welfare, be manifestly unjust or if in
the Board's opinion a condition exists that precludes the proper
application of the regulation. Any variance granted by the Board of
Health shall be in writing and a copy, while it is in effect, be available
to the public at all reasonable hours at the office of the Board of
Health.
Each portion of this regulation shall be construed as separate
to the end that if any section, sentence, clause or phrase thereof
shall be held invalid for any reason, then the remainder of the regulation
shall continue in full force.
