[Adopted by the Board of Selectmen (now Select Board) 3-19-1997[1]]
[1]
Editor's Note: The Select Board approved the codification of its regulations, as revised, 4-13-2022.
These rules and regulations are promulgated by the Town of Nantucket Board of Public Works pursuant to the authority granted to such Board by Article 49 of the 1996 Annual Town Meeting and by Chapter 125, Solid Waste Disposal, § 125-2, of the Code of the Town of Nantucket. It is the goal of the Town of Nantucket to dispose of solid waste in the most environmentally acceptable manner and to reduce the amounts of solid wastes which are landfill. Through a mandatory recycling initiative, the Town will increase the percentage of solid waste which is recycled and maintain such percentage above the minimum 25% required by 310 CMR 19.038(2)(d), and by rigorous enforcement of this initiative, divert that portion of the solid waste from the landfill, thereby preserving space in the landfill.
As used in these regulations, the following terms shall have the meanings indicated:
COMMERCIAL SANITATION COMPANY
Businesses collecting, hauling or transporting municipal solid waste from residents or businesses and delivering such waste to the landfill or materials recovery facility.
LANDFILL
The Town of Nantucket solid waste sanitary landfill facility located on Madaket Road, Nantucket, Massachusetts.
MATERIALS RECOVERY FACILITY (MRF)
The facility existing or to be constructed at the site on Madaket Road adjacent to the landfill.
RECYCLABLES
Materials designated for separation from other solid waste according to a list maintained in the Town offices and on the Town website, including certain types of paper, glass, metal, plastic and yard waste.
All material listed as hazardous wastes by the Massachusetts Department of Environmental Protection shall be separated from and not intermixed with any other wastes. These wastes shall only be accepted at the landfill or MRF on designated household hazardous waste collection days in accordance with 310 CMR 30.390 through 30.399. Hazardous waste generated by businesses or commercial operations or otherwise generated other than as part of residential household operations composed primarily of materials found in the wastes generated by consumers in their homes shall not be accepted at any time for collection or disposal by the Town of Nantucket. Automotive and household batteries may be recycled during normal landfill hours.
All recyclables shall be separated from nonrecyclable materials at the generation source and shall be delivered to the MRF or landfill, as the case may be, where such recyclable material will be separated by category and put into that category's container. All materials listed as "recyclables" shall be separated from and not intermingled with any other wastes nor deposited in the waste disposal area of the landfill.
No person except those individuals and companies authorized by the Select Board shall collect or pick up or cause to be collected or picked up recyclable materials deposited in designated drop-off containers.
The Director of Public Works, or designee, shall have the right to periodically inspect any materials delivered to the materials recovery facility or landfill for compliance with these regulations. The Director of Public Works, or designee, may refuse to accept any materials that are not properly separated, and further reserves the right to impose a penalty or fine set forth in § 349-11 for violation of these regulations. Inspection reports shall be maintained as part of the DPW records.
A. 
The enforcement officer for these rules and regulations shall be the Director of Public Works or designee or any police officer of the Town of Nantucket. Any delivery, by any person or commercial hauler, that violates these rules and regulations shall be punished pursuant to Chapter 1, Article II, of the Code of the Town of Nantucket.
(1) 
Residential.
(a) 
First offense: Warning.
(b) 
Second offense: $50 fine.
(c) 
Third or more offenses: $100 fine.
(2) 
Commercial.
(a) 
First offense: Warning.
(b) 
Second offense: $150 fine.
(c) 
Third or more offenses: $300 fine.
B. 
Each noncomplying delivery shall constitute a separate violation.
These rules and regulations shall take effect July 1, 1997.