[Adopted 5-9-2023[1]]
[1]
Editor's Note: The original section and subsection designations
within this article were removed with the permission of the Town Clerk
in order to maintain the organizational style of the Code. The regulations
in this article also superseded former Art. IX, Removal, Transport,
and Disposal of Solid Waste or Recyclables in the Town of Townsend,
adopted 4-29-2019.
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 Townsend. This should ensure that:
• The environmental benefits of recycling are maximized;
• There is joint enforcement of the waste ban requirements
by the municipality and all private haulers operating within the municipality;
• There are fair and equitable rules for all private haulers
operating in the municipality;
• All residents and businesses have convenient (parallel)
access to recycling collection services;
• All private haulers licensed to operate in a municipality
are in compliance with state regulations (310 CMR 19.017);
• There is greater consistency across municipalities to
promote clear operating guidelines for private haulers; and
• Municipalities and private haulers work together to support
the goals of the Solid Waste Master Plan and the Global Warming Solutions
Act.
These regulations establish minimum requirements for the systematic
collection of solid waste and recyclables in order to promote waste
reduction, comply with state-mandated waste bans (310 CMR 19.017),
and further the goals of the Town of Townsend.
The Board of Health of the Town of Townsend adopts these regulations
under the provisions of Chapter 111, §§ 31, 31A, 31B,
122 and 150A, of the Massachusetts General Laws.
Private haulers shall only collect for disposal those items
acceptable for disposal. Materials banned from disposal under 310
CMR 19.017 shall not be included with Solid Waste.
These regulations shall take effect on July 1, 2019, and have
been amended on May 9, 2023.
For the purposes of this regulation, the following words and
phrases shall have the following meaning unless the content clearly
indicates otherwise:
Property owners and occupants of any commercial, industrial,
institutional, municipal, school, or mixed-use building within the
Town of Townsend.
The business that is contracted to service the curbside trash
and recycling program with the Town of Townsend.
Either residential customer/generator or commercial customer/generator.
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
Any private hauler who has obtained a valid private hauler
permit from the Town of Townsend.
Any person or entity providing collection of solid waste
and/or recyclables for hire within the Town of Townsend.
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.
Property owners and occupants of single, two-family and three-family
homes that are serviced with curbside trash and recycling in the Town
of Townsend.
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).
The Town of Townsend.
All materials designated as banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017, Waste Bans, including:
asphalt pavement, brick and concrete, cathode ray tubes, clean gypsum
wallboard, commercial food waste, ferrous and nonferrous 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), white goods (large appliances), and whole tires (banned from
landfills only).
These regulations are intended to support and align with the Town of Townsend's Recycling Bylaw, Chapter 102 Recycling/regulation as follows.
The Town of Townsend will inform all generators (residential
and commercial) at least once per year that recycling is mandatory.
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 also shall be included.
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
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.
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.
Upon receipt of a complete permit application, the Board of
Health shall have 15 days to rule on the granting of a permit to operate
within the Town of Townsend. In addition, the applicant shall pay
an annual permit fee and a late fee which are part of their fee schedule.
B.
Annual permit renewal.
Each permitted hauler shall annually submit a renewal application
of his/her permit no later than the 15th of June by paying the annual
permit fee.
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 the business owner. The renewal
must be accompanied by the following information or a completed Annual
Solid Waste and Recyclables Reporting Form:
• Total tons of solid waste collected for disposal and
total tons of recyclables collected for processing from residential
customers/generators within the Town of Townsend during the previous
fiscal year. (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.)
• The average number of residential and commercial customers
using each service (solid waste, recycling) during the previous calendar
year within the Town.
• The names of any commercial customers where the permitted
hauler is providing solid-waste-only service.
• The names of any commercial customers where the permitted
hauler provides a recycling-only service.
• 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 Townsend.
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 Townsend.
Annual permits will be issued by the first of July each year.
C.
General permit requirements.
All permitted haulers must be in compliance with the following
general permit requirements:
• All permitted haulers must clearly display the name of
the company on each vehicle operating in the municipality.
• 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.
• All materials must be securely contained in the vehicle.
Littering or leaking shall be considered a violation of the permit.
• 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.
• 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, Appendix A,[1] which may not be accepted at Massachusetts disposal facilities.
• 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 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.
[1]
Editor's Note: See Appendix A, Banned Substances, included as an attachment to this chapter.
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 serving residential customers/generators
must provide appropriately sized, paired solid waste and recyclables
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. 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 the Town can
follow up to ensure that those customers are complying with the waste
bans.
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.
Each applicant shall furnish to the Board of Health an insurance
certificate showing the applicant carries public liability insurance
in an amount of at least $1,000,000 for the injury or death of one
of more persons, and $500,000 for damage to property. Certificates
of insurance shall be furnished each year upon renewal of permit.
The certificate of insurance shall provide that the policy may not
be canceled absent 30 days' prior notification of the Townsend
Board of Health.
A.
Hours of collection. Collection of solid waste and recyclables may
only occur during the hours of 6:00 a.m. to 6:00 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.
C.
Labeling of collection vehicles. All trucks operating in the Town/City
must be labeled as to their use for collection of recyclables, solid
waste, food waste, or co-collection of any of these materials.
D.
Recyclables containers.
(1)
Permitted hauler may either offer 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.
Enforcement of this regulation shall be by criminal complaint
in the district court and/or noncriminal disposition ticket per MGL
Chapter 40, § 21D, or MGL Chapter 111, §§ 31,
31A, 31B and 150A. Agents of the Board of Health or its designee shall
have the power to enforce the provisions of this regulation.
A.
Penalties. 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.
|
(a)
|
First offense
|
Warning
|
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(b)
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Second offense
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$100 fine
|
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(c)
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Third offense
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$200 fine
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(d)
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Subsequent offenses
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$300
|
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Each day of failure to comply with the regulations shall constitute
a separate violation.
|
B.
Suspension, denial, revocation, or refusal to renew permit. The Board
may suspend a permit, deny a permit, revoke a permit, or refuse to
renew a permit on the following grounds, each of which, in and of
itself, shall constitute full and adequate grounds for suspension,
denial, revocation or refusal to renew:
(1)
Any actions which would indicate that the health and safety
of the public would be at risk;
(2)
Fraud, deceit, or misrepresentation in obtaining a permit, or
its renewal;
(3)
Criminal conduct which the Board determines to be of such a
nature as to render the establishment, owner, operator, or applicant
unfit to haul as evidenced by criminal proceedings resulting in a
conviction, guilty plea, or plea of nolo contendere or an admission
of sufficient facts;
(4)
Any present or past violations of the Board's regulations
governing these operations;
(5)
Knowingly permitting, aiding, or abetting an unauthorized person
to perform activities requiring a permit;
(6)
Continuing to operate while the permit is lapsed, suspended,
or revoked; and
(7)
Having been disciplined in another area in any way by the proper
permitting authority for reasons substantially the same as those set
forth in the Board's regulations;
(8)
Other just and sufficient cause which the Board may determine
would render the establishment, owner, operator, or applicant unfit
to haul.
C.
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 of 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 Board of Health.
A.
Severability. If any paragraph or provision of this article is found
to be illegal or against public policy or unconstitutional, it shall
not affect the legality of any remaining paragraphs or provisions
being in force.
