The goal of these regulations is to protect public health and
the environment and ensure that all private haulers collecting solid
waste and recyclables adhere to the Massachusetts waste ban regulations
and uniformly comply with permit requirements established by the Town
of Plainville. This should ensure that:
A. The environmental benefits of recycling are maximized;
B. There is joint enforcement of the waste ban requirements by the municipality
and all private haulers operating within the municipality;
C. There are fair and equitable rules for all private haulers operating
in the municipality;
D. All residents and businesses have convenient (parallel) access to
recycling collection services;
E. All private haulers licensed to operate in a municipality are in
compliance with state regulations (310 CMR 19.017);
F. There is greater consistency across municipalities to promote clear
operating guidelines for private haulers; and
G. Municipalities and private haulers work together to support the goals
of the Solid Waste Master Plan and the Global Warning Solutions Act.
These regulations shall take effect on January 1, 2018.
For the purposes of this regulation, the following words and
phrases shall have the following meaning unless the content clearly
indicates otherwise:
COMMERCIAL CUSTOMERS/GENERATORS
Property owners and occupants of any commercial, industrial,
institutional, municipal, school, or mixed use building within the
Town of Plainville.
CONTAINERS
Any barrels, bins, rolling carts, dumpsters and roll-off
containers that are used for the storage or collection of solid waste
and/or recyclables.
CUSTOMER
Either residential customer/generator or commercial customer/generator.
MERCURY DISPOSAL PROHIBITION
The disposal prohibition provision of the Mercury Management
Act (Chapter 190 of the Acts of 2006). Effective May 1, 2008, mercury-added
products cannot be disposed of in solid waste. The law also prohibits
any solid waste collector from collecting as solid waste the contents
of a solid waste container that the collector knows (or reasonably
should know) includes one or more mercury-added products. Details
may be found at this link: http://www.mass.gov/eea/docs/dep/toxics/laws/hgbanfaq.pdf
PERMITTED HAULER
Any private hauler who has obtained a valid permit to remove,
transport and dispose of solid waste or recyclables from the Town
of Plainville.
PRIVATE HAULER
Any person or entity providing collection of solid waste
and/or recyclables for hire within the Town of Plainville.
RECYCLABLES
A material that is banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017: Waste Bans. These materials
include:
A.
Glass containers: glass bottles and jars (soda-lime glass) only,
but not light bulbs, Pyrex® cookware, plate glass, drinking glasses,
windows, windshields and ceramics.
B.
Metal containers: aluminum, steel or bimetal beverage and food
containers.
C.
Plastic - single-polymer plastics: all narrow-neck plastic containers
(household bottles, jugs and jars) but not plastic bags, plastic wrap,
motor oil/chemical containers, foam containers, Styrofoam, toys, etc.,
or any other plastic item not used as a household bottle, jug or jar.
D.
Recyclable paper: all paper, cardboard, and paperboard products,
but not tissue paper, toweling, paper plates and cups, wax-coated
cardboard, and other low-grade paper products that cannot be used
by paper mills as a result of normal intended use.
E.
Any other materials designated for recycling per 310 CMR 19.017
(MassDEP Waste Bans).
RESIDENTIAL CUSTOMERS/GENERATORS
Property owners and occupants of single-family and multifamily
dwellings, condominiums, public housing, and mobile homes within the
Town of Plainville.
SOLID WASTE
Useless, unwanted or discarded nonrecyclable solid and liquid
wastes, excluding items restricted from disposal in Massachusetts,
as defined by Table 310 CMR 19.017(3) of the Massachusetts solid waste
regulations (310 CMR 19.017).
TEMPORARY ROLL-OFF CONTAINERS/DUMPSTERS
A container used for the collection of solid wastes used
for construction/demolition waste or "clean-outs" and does not exceed
60 days at any one location or is being used in connection with a
valid building permit.
WASTE BAN MATERIALS
All materials designated as banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017: Waste Bans, which include,
but are not limited to, the following:
A.
Asphalt pavement, brick and concrete;
D.
Commercial food waste (over one ton per week);
E.
Ferrous and nonferrous metals;
F.
Glass and metal containers;
I.
Recyclable paper, cardboard and paperboard;
J.
Single-resin narrow-necked plastics;
K.
Treated and untreated wood and wood waste (banned from landfills
only);
L.
White goods (large appliances); and
M.
Whole tires (banned from landfills only).
In order to protect the environment, promote recycling and be
in compliance with Massachusetts waste ban regulations (310 CMR 19.017),
the Town of Plainville hereby establishes a requirement for mandatory
separation of "Massachusetts waste ban materials" from the solid waste
stream. This requirement applies to all residential customers/generators
and commercial customers/generators in the Town of Plainville.
All private haulers wishing to collect, transfer, or transport
solid waste or recyclables generated within the Town of Plainville
shall be required to first obtain or annually renew a permit from
the Town of Plainville. No private hauler may collect solid waste
or recyclables unless they have obtained a valid private hauler permit
from the Town. Private haulers that collect only recyclables must
also be permitted.
A. Permit application.
(1) The permit application shall include the formal name of the person
or company, a statement that the person or company is registered to
do business in Massachusetts and that the person or company is fully
insured, and a contact name, address, and telephone number. Copies
of certificates of insurance for public liability and property insurance
also shall be included.
(2) The permit application must include a statement that the private
hauler understands, and is in compliance with, the Massachusetts waste
bans and mercury disposal prohibition. The private hauler shall list
the solid waste disposal facilities and the recycling processing facilities
where solid waste and recyclables are expected to be delivered from
the private hauler's customers during the permit year. The application
shall be signed by a designated representative of the company, permitted
to do business within the Commonwealth of Massachusetts.
(3) The permit application shall include a list of all recyclables accepted
from the recycling processing facilities/MRF listed on the permit
application.
(4) The application shall include information on the types of services
intended to be offered, and the approximate number of collection trucks
expected to be used in the municipality during the course of the permit
year. The application shall include information on how the private
hauler intends to ensure that customers prevent waste ban materials
from being disposed with solid waste, and how the private hauler intends
to notify customers of improper recycling or solid waste disposal.
(5) Upon receipt of a complete permit application, the Board of Health
shall have 30 days to rule on the granting of a permit to operate
within the Town of Plainville. In addition, the applicant shall pay
an annual permit fee as determined by the Town of Plainville Board
of Health.
B. Annual permit renewal.
(1) Each permitted hauler shall annually submit a renewal application
of his/her permit no later than the first of November, by paying the
annual permit fee.
(2) The annual renewal application must indicate any changes from the
original permit, including any change in solid waste or recyclables
facilities used, and must be signed by a business owner.
(3) Annual permits will be issued by the first of January each year.
C. Annual permit renewal reporting requirements.
(1) The renewal must be accompanied by the following information on a
completed Annual Solid Waste and Recyclables Reporting Form:
(a)
Total tons of solid waste collected for disposal and total tons
of recyclables collected for processing from residential customers/generators
within the Town of Plainville during the previous calendar year or
twelve-month period. (In the case where the permitted hauler delivers
loads for disposal or recycling that are combined with more than one
municipality, then the permitted hauler must provide their best estimate
of tonnage delivered from the Town of Plainville.)
(b)
A list of all residential and commercial customers using each
service (solid waste, recycling) during the previous calendar year
within the Town of Plainville.
(c)
The names of any commercial customers where the permitted hauler
is providing solid waste only service.
(d)
The names of any commercial customers where the permitted hauler
is providing recycling only service.
(e)
Copies of any waste ban violation letters or notices received
by the permitted hauler during the prior year that refer to loads
collected within the Town of Plainville.
(2) Failure to provide a complete and accurate Annual Solid Waste and
Recyclables Reporting Form may be grounds for denial of a permit to
operate within the Town of Plainville.
(3) Permitted haulers that provide temporary roll-off containers/dumpsters
are exempt from the annual reporting requirements.
D. General permit requirements. All permitted haulers must be in compliance
with the following general permit requirements:
(1) All permitted haulers must clearly display the name of the company
on each vehicle operating in the municipality.
(2) All permitted haulers must be in compliance with applicable federal,
state and local laws. Each vehicle must meet all Department of Transportation
safety requirements at all times.
(3) All materials must be securely contained in the vehicle. Littering
or leaking shall be considered a violation of the permit.
(4) Permitted haulers shall not keep or store solid waste collected from
customers within the Town of Plainville.
(5) No container, barrel, bin, rolling cart, dumpster or roll-off container
shall be placed within five feet of the edge of pavement of a public
way or property line except on scheduled pickup days. Blocking of
public ways at any time is prohibited.
(6) Collection of solid waste and recyclables may only occur during the
hours of 7:00 a.m. to 7:00 p.m. except in the case of bad weather
or another emergency that requires collection outside of these hours,
with notification to the Board of Health or their designated representative.
(7) Recyclables shall not be commingled with solid waste when collected
by the permitted hauler. Recyclables must be delivered to a processing
facility designed to accept recyclables. The permitted hauler shall
inform customers how to prepare acceptable recyclables consistent
with the requirements of the recyclables processing facility.
(8) Permitted haulers shall only collect for disposal solid waste which
is not banned from disposal. It is the responsibility of the permitted
hauler to educate the customer about the waste bans and inform them
that they will refuse to collect solid waste mixed with waste ban
items that are visible to the driver/collector from any of their customers
(there is no requirement to open bags). Please refer to the list of
waste ban items which may not be accepted at Massachusetts' disposal
facilities.
(9) In the event that the permitted hauler refuses to collect any materials,
the permitted hauler will notify such customers in writing of the
reason(s) for refusal to collect the solid waste or recyclables. In
addition, the permitted hauler will advise the Board of Health about
customers who have received rejection notices. The Board of Health
will, where possible, assist the permitted hauler with enforcement
of the waste ban requirement.
E. Residential customers/generators requirements.
(1) A permitted hauler shall not collect solid waste and recyclables
from residential customers/generators less than every two weeks. Collection
of recyclables from residential customers must be on the same day
of the week as solid waste collection, but can be less frequent than
solid waste collection if solid waste collection occurs every week.
(2) A permitted hauler must provide at least two days annually for the
collection of bulk items such as, but not limited to, couches, chairs,
mattresses, etc., for residential customers/generators of single-,
two- and three-family residences.
(3) A permitted hauler shall provide a collection schedule listing the
regularly scheduled day of the week collection is provided.
(4) Permitted haulers must provide collection of recyclables that parallels
the municipal collection program. Materials collected for recycling
must meet the specifications of the recycling processing facilities/MRF
listed on the permit application.
The Board of Health and its agents reserve the right to monitor
collection vehicles, loads, litter and/or nuisance conditions and
routes at reasonable times to ensure that all permitted hauler services
comply with all applicable state and local laws, bylaws and regulations.
The Board of Health retains the right to define and determine "nuisance"
conditions.
The Town of Plainville reserves the right to exchange information
and coordinate enforcement activity with MassDEP's waste ban
inspectors in order to enforce the provisions of these regulations
and state law.
The Board of Health or its designee is authorized to inspect
a permitted hauler's truck and load at any time. The Board of
Health also has the right to require weight slips or confirmation
of disposal of solid waste or management of recyclables.
Any permitted hauler permit may be suspended, modified or revoked
by the Board of Health upon receipt of evidence satisfactory to the
Board that the permittee has not conformed to the requirements of
these regulations or such further regulations as may be adopted or
to any applicable state or federal statute, regulation, rule or order
regarding the transportation of disposal of solid waste concerning
the collection and disposal of solid waste. Appeals of such suspensions,
modification or revocations may be directed to the Board of Health
within 10 business days of said suspension, modification or revocations.
Enforcement of this regulation shall be by criminal complaint
in the district court and/or noncriminal disposition ticket per MGL
c. 40, § 21D. Agents of the Board of Health or its designee
shall have the power to enforce the provisions of this regulation.
A. Penalties.
(1) In the event that a permitted hauler fails to follow these regulations,
the Board of Health reserves the right to impose reasonable fines
and/or revoke the permit to operate within the Town, subject to the
appeal provisions described below.
(b)
Second offense: $100 fine.
(c)
Third offense: $200 fine.
(d)
Subsequent offenses: not less than $500 nor more than $1,000.
(2) Each day of failure to comply with the regulations shall constitute
a separate violation.
B. Appeal provisions. Any permitted hauler cited for a violation of
these regulations may appeal such citation by filing a written notice
of appeal with the Board of Health within seven days, exclusive of
Saturdays, Sundays and legal holidays, from the date of said citation.
A hearing will be held within 60 days from 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 Town of Plainville Board of Health.