[HISTORY: Adopted by the Board of Health of the Town of Littleton 2-8-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations supersede former Ch. 222,
Solid Waste, adopted 9-3-2013.
The Littleton Board of Health adopts these regulations under the provisions of Chapter 111, Sections 31, 31A, 31B, and 122 of the Massachusetts General Laws, as amended from time to time.
The purpose of these regulations is to protect public health
and the environment and ensure that all private haulers collecting
solid waste and recyclables adhere to Massachusetts law regarding
waste bans (310 CMR 19.017) and uniformly comply with permit requirements
established by the Town. Additionally, the purpose of these regulations
is to protect residents, businesses, and the environment from noise,
odors, insects, scavengers, discharges, and other nuisances caused
by disposal of solid waste or recyclables.
The following words and phrases shall have the following meaning
unless the content clearly indicates otherwise:
Shall mean a food waste composting facility operating in
compliance with general permit provisions of 310 CMR 16.04.
Shall mean property owners and occupants of any commercial,
industrial, institutional, municipal, school, or mixed-use building
within the Town.
Shall mean the waste building materials and rubble resulting
from the construction, remodeling, repair, or demolition of buildings,
including but not limited to concrete, bricks, lumber, masonry, rebar,
and plaster. This term shall also have the meaning as defined by 310
CMR 19.006.
Shall mean the residential customer/generator or commercial
customer/generator.
Shall mean any container three cubic yards or larger, that
is used to hold any of the following: construction and demolition
waste material, solid waste, garbage, municipal solid waste, rubbish,
or recyclable materials.
Shall mean material generated from human or animal food production,
preparation, and consumption activities and which consists of, but
is not limited to, fruits, vegetables, grains, and fish and animal
products and byproducts.
Shall mean any waste that is defined and regulated by 310
CMR 30.00 et. seq.
Shall mean 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.
Shall mean any solid waste as defined by 310 CMR 19.006.
Shall mean a private hauler who has obtained a valid private
hauler permit from the Town.
Shall mean any person or entity providing collection of solid
waste and/or recyclables for hire within the Town.
Shall mean a material that is banned from disposal in the
Commonwealth of Massachusetts pursuant to 310 CMR 19.017: Waste Bans.
Mixed paper, cardboard, glass, metal, and plastic containers are priority
materials of this regulation.
Shall mean property owners and occupants of single and multi-family
dwellings, condominiums, public housing, and mobile homes within the
Town.
Shall mean useless, unwanted, or discarded non-recyclable
solid and liquid wastes, excluding items restricted from disposal
in Massachusetts, and as defined by 310 CMR 19.017(3).
Shall mean a dumpster or series of dumpsters that are continually
replaced for a construction project that remains on site for no more
than 120 days or a dumpster used for a one-time cleanout of property
(seven days maximum).
Shall mean the Town of Littleton.
Shall mean all materials designated as banned from disposal
in the Commonwealth of Massachusetts pursuant to 310 CMR 19.017 including:
asphalt pavement, brick and concrete, cathode ray tubes, clean gypsum
wallboard, commercial food waste, ferrous and non-ferrous metals,
glass and metal containers, lead acid batteries, leaves and yard waste,
recyclable paper, cardboard and paperboard, single resin narrow-necked
plastics, treated and untreated wood and wood waste (banned from landfills
only), large appliances, and whole tires (banned from landfills only).
All solid waste haulers shall provide recycling as part of the
residential and commercial municipal solid waste removal contracts
to the customers in the Town.
All private haulers wishing to collect, transfer, or transport
solid waste or recyclables generated within the Town shall be required
to first obtain or annually renew a permit from the Board of Health.
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. 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 shall also be included. Cancellation of insurance
shall automatically be grounds for cancellation of the private hauler
permit.
The permit application must include a statement that the private
hauler understands and follows 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 and submit
a copy of the contract with such disposal facility as well as a list
of dumpster sites in the Town at the time of permit application. The
application shall be signed by a designated representative of the
company, permitted to do business within the Commonwealth of Massachusetts.
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 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.
Upon receipt of a complete permit application, and a $100 Permit
Application Review Fee the Board of Health shall have 30 Days to rule
on the granting of a permit to operate within the Town. In addition,
the applicant shall pay an annual operating permit fee of $125 as
determined by the Board of Health.
A permitted hauler may request to amend an existing permit.
The Board of Health shall consider any request for amendments within
30 days of receipt. To be effective, any amendments must be approved
by the Board of Health.
B.
Annual Permit Renewal. Each permitted hauler shall annually submit
a renewal application of their permit no later than 30 days prior
to the permit expiration and pay the annual permit fee.
The annual renewal application must indicate any changes from
the original permit, including any change in solid waste ore recyclables
facilities used, and must be signed by a business owner. The renewal
must be accompanied by the following information:
1.
Total tons of solid waste collected for disposal and total tons of
recyclables collected for processing from residential customers/generators
within the Town during the previous calendar year or twelve-month
period (if combined with more than one municipality, then best estimate
of tonnage from the Town).
2.
The average number of residential and commercial customers using
each service during the previous calendar year within the Town.
3.
The names of any commercial customers where the permitted hauler
is providing solid waste only service or recycling only service.
4.
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.
5.
A copy of recycling educational materials provided to residential
or commercial customers.
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.
Annual permits will be issued by the first of January of each
year.
C.
General Permit Requirements. All permitted haulers must comply 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 and on all dumpsters
provided to Town customers.
2.
All permitted haulers must follow applicable federal, state, and
local laws. Each vehicle must always meet all Department of Transportation
safety requirements.
3.
All materials must be securely contained in the vehicle. Littering
or leaking shall be considered a violation of the permit.
4.
Recyclables shall not be commingled with solid waste.
5.
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.
6.
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.
7.
If the permitted hauler refuses to collect any materials, the permitted
hauler will notify such customers in writing of the reasons 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 mandatory recycling provision
and/or waste ban requirement.
8.
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 the bad weather
or another emergency that requires collection outside of these hours,
with notification to the Board of Health or its designated representative.
9.
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.
10.
All trucks operating in the Town must be labeled as to their use
for collection of recyclables, solid waste, food waste or co-collection
of any of these materials.
11.
A permitted hauler may offer either a collection container for recyclables
or clearly visible stickers for the customer to apply to their existing
container for recyclables. Containers for recyclables should be of
a large enough volume to collect all recyclables generated by the
customer.
D.
Permitted Haulers Collecting Food Waste. If food waste is collected
separately from solid waste, collection must be no less than once
per week or as often as necessary to prevent a nuisance. Dumpsters,
carts, or compactors should be closeable and cleanable, leak-free,
water tighter and capable of being locked. All doors/hatches/tight-fitting
lids should be closed or in place when not in immediate use to prevent
pests from entering the container. Plastic bags and wet strength paper
bags may be used to line closed outside receptacles. Separate fees
for additional services, such as collection of food waste, yard trimmings,
special pickups for bulky items, or backdoor service, are permitted.
Permitted haulers collecting food waste/organic waste shall annually
report to the Town the acceptable food waste handling facilities where
food waste/organic waste is expected to be delivered from permitted
hauler's customers during the permit year.
A.
Service to Residential Customers/Generators. For residential customers/generators,
the bundled service must provide customers with solid waste and recyclables
collection at a rate that reflects the cost of providing both services.
Solid waste and recycling services must be provided by the same permitted
hauler unless otherwise pre-approved by the Board of Health.
The permitted hauler may itemize the invoice to clearly show
the cost of recycling collection contained in the bundled service.
All permitted haulers service residential customers/generators
must provide appropriately-sized, paired solid waste and recyclable
containers that are clearly marked and adjacent or in close proximity
to each other.
B.
Service to Commercial Customers/Generators. For commercial customers/generators,
the permitted hauler must provide both solid waste and recyclables
collection; unless the customer can provide proof to the permitted
hauler that separate recycling services are provided by another permitted
hauler or via one of the methods listed on the recycling service exemption
form which is available with the Board of Health. Permitted haulers
may charge separately for the collection of recyclables. Commercial
customers/generators may choose to contract for collection of recyclables
by a second permitted hauler that only performs recyclables collection.
Permitted haulers that collect only recyclables are not required to
collect solid waste.
Permitted haulers must provide the names and addresses of their
solid waste only commercial customers to the Town so that the Town
may follow-up to ensure that those customers are complying with the
waste bans.
A.
Temporary dumpsters are excluded from these regulations but must
comply
B.
Dumpsters shall be so located that they don't interfere with
the health and/or safety of any resident or business and shall not
obstruct the view of traffic.
C.
Dumpsters shall be placed on a solid surface such as: asphalt, concrete,
or compacted gravel.
D.
No dumpster shall be used to dispose of hazardous waste.
E.
All dumpsters shall be constructed of durable materials equipped
with tight-fitting lids that shall be kept closed except when placing
trash in them.
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 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.
Enforcement of these regulations shall be by criminal complaint
in the district court and/or non-criminal disposition ticket per Chapter
40, Section 21D of the Massachusetts General Laws. Agents of the Board
of Health or its designee shall have the power to enforce the provisions
of these regulations.
A.
Penalties. If 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
appeals provisions described below:
B.
Revocation, Suspension, or Modification and Appeals. The Board of
Health may cite, suspend, revoke, or modify the permit for any violation
of these regulations by serving an order in writing to the permitted
hauler's designated representative in the permit application.
The permitted hauler may appeal such citation, suspension, revocation,
or modification by filling a written notice of appeal with the Board
of Health within seven days, exclusive of weekends and legal holidays,
from the date of citation. A hearing will be held within 30 days from
the date of the filing of the appeal. Written notice of the hearing
date will be delivered to the applicant at least 14 days prior to
the scheduled date.
The Board of Health may vary the application of any provision
of these regulations with respect to any case when, in its opinion
the enforcement thereof would do manifest injustice; provided that
the decision of the Board of Health shall not conflict with the sprit
of these regulations, or the minimum standards required by the laws
of the Commonwealth of Massachusetts. Any variance granted by the
Board of Health shall be in writing. A copy of any such variance shall,
while it is in effect, be available to the public at all reasonable
hours in the office of the Board of Health.
If any word, sentence, clause, paragraph, phrase, or section
of this regulation shall be declared invalid for any reason whatsoever,
that portion shall be severed, and all other provisions of the regulation
shall remain in full force and effect.
These regulations were voted by the Littleton BOH on February
8, 2023, and the effective date of these regulations is March 1, 2023.
