[HISTORY: Adopted by the Town Meeting of the Town of Swansea 5-20-2002 ATM by Art. 17. Amendments noted where applicable.]
There shall hereby be established a program for the mandatory separation of certain recyclables, yard waste, white goods and CRT materials from trash by the residents of the Town of Swansea (hereinafter referred to as "the Town") and the curbside collection of these recyclables, yard waste, white goods and CRT materials. The collection of trash, recyclables, yard waste, white goods and CRT materials shall be made on a scheduled basis under the supervision of the Highway Department, as authorized by the Board of Selectmen. Decisions relating to the transportation, sale, or disposal of trash, recyclables, yard waste, white goods and CRT materials collected by the Town or its contractors shall be made by the Director of Engineering and Highway Services based on this bylaw, the Town's recycling bylaw, and contractual arrangements authorized by the Board of Selectmen and the Town Administrator, acting as Chief Procurement Officer.
Under the authority of MGL c. 44, § 28C, and case law thereunder, the following system of fees and exemptions is established to cover all costs of operating the Town's integrated municipal solid waste programs:
An annual trash fee shall be assessed on every residential dwelling unit in the Town and said fee shall be paid by the property owner. The fee will be assessed at a rate method that the Board of Selectmen deems appropriate to cover all fixed costs of operating the trash, recyclables, yard waste, white goods and CRT programs instituted now or in the future by the Town. The Town shall make this system self-sufficient utilizing an enterprise fund established under MGL c. 44, § 53F 1/2.
Additionally, residents must purchase and place all trash in Town-designated bags for curbside collection and disposal. Funds generated from the sale of Town-designated bags will pay for variable costs of the solid waste program instituted now or in the future by the Town and will be deposited in the aforementioned enterprise fund.
Tags must be purchased by residents for disposal of bulky items, white goods, and CRT's. Funds collected from the sale of tags will be used to pay for the disposal of these aforementioned items and for other solid waste program costs and will be deposited in the aforementioned enterprise fund.
The Town may, on an annual basis or from time to time, conduct household hazardous waste product days. Costs for conducting the household hazardous product program may be part of the solid waste program. Fees may be charged for certain items collected at the household hazardous waste days and will be deposited in the aforementioned enterprise fund.
Commercial and industrial properties shall be responsible for the collection and disposal of all solid waste including all trash, recyclables, yard waste, white goods, and CRT materials generated at those locations and are not eligible to participate in the Town-sponsored program and therefore will be exempt from paying the annual trash fee and are not required to use Town-designated bags.
An owner of residential property may be exempted from participating in the mandatory program (including payment of the annual trash fee, purchase of designated bags and tags) by contracting with a licensed solid waste hauling company for the removal and disposal of all solid waste, including trash, recyclables, yard waste, white goods, and CRT materials. Any property owner seeking this exemption must annually provide the Director of Engineering and Highway Services with an acceptable signed contract from a properly licensed and permitted hauler or other satisfactory evidence that an agreement with a licensed and permitted hauler is in effect.
[Amended 2-14-2005 STM by Art. 13]
Other exemptions from the payment of the annual trash fee may be approved by the Town Administrator, in accordance with written policies adopted by the Town Administrator, with the approval of the Board of Selectmen, and on file in the Board of Selectmen's office.
Unpaid trash fees will become a lien on a homeowner's property tax account as provided in the applicable provisions of the Massachusetts General Laws. Failure to make payment when due in any year, unless an exemption is granted, shall result in the assessment of interest, penalties, and charges as authorized by state statute.
At a duly-noticed public hearing held no later than October 15, the Board of Selectmen shall annually review and establish all fees hereunder (annual fee, Town-designated bag prices, and tag prices) based upon the estimated reasonable cost of providing the services in question for the next fiscal year, taking into account such costs for previous years and the recommendations of the Director of Engineering and Highway Services and the Town Administrator. All revenue received from the programs established under this Bylaw shall be used to offset the associated costs of those programs.
[Amended 11-19-2012 STM by Art. 11]
Each homeowner participating in the program shall sort individually and prepare all recyclables, yard waste, white goods and CRT materials as defined in the Town's current program, and separate these materials from the trash contained in the Town-designated bags.
Recycling containers, yard waste bags and/or other dedicated containers holding recycling and yard waste materials shall be placed on and removed from the curbside of the roadway.
All recycling and yard waste materials shall be packaged in a manner to prevent the scattering of the materials; an individual container/bag shall not exceed 60 pounds in weight.
Recyclables and yard waste shall not be placed in plastic bags for collection or disposal. Brush not exceeding three inches in diameter and four feet in length may be disposed as yard waste. Brush must be tied securely in bundles not exceeding 60 pounds per bundle for pickup at curbside. Christmas trees may be disposed as a whole only during the annual scheduled pickup.
The recycling and yard waste materials collected by the Town or its contractor shall be transported to and disposed of at properly designated recycling and yard waste facilities.
All trash shall be placed in the Town-designated bags for curbside collection. All bags must be securely closed or tied and shall not exceed 30 pounds per bag. Closed Town-designated bags may be placed curbside in plastic and metal trash barrels, but the total weight of each barrel shall not exceed 60 pounds.
Residents must securely affix one Town-designated tag to each bulky waste, white goods, or CRT item that is to be disposed. One tagged bulky waste item per week per residence may be disposed with the trash. Residents must call the Town's designated contractors to schedule curbside pick-up of tagged white goods and tagged CRT's. There is a limit of two tagged items per residence per scheduled pick-up for white goods and CRT's. Items placed for disposal shall be reasonably clean and free of trash, dirt, and debris.
All solid waste materials for collection shall be properly placed at the curb no earlier than 6:00 p.m. on the night before the scheduled collection day, and no later than 7:00 a.m. on the scheduled collection day.
Any individual who violates this section of the Bylaw shall be subject to a written warning of a first offense by the Swansea Police Department and further violations shall result in a fine of $25 for the second offense and $50 for each subsequent offense.
Any solid waste materials left curbside for collection by the Town or its contractors shall become property of the Town. It shall be a violation of this Bylaw for any person other than the property owner, authorized employees or agents on behalf of the Town acting in course of employment, or a properly-licensed solid waste hauling company acting under contract, to collect or pick-up or cause to be collected or picked-up any solid waste material within the Town of Swansea. Any unauthorized collection or pickup from one or more locations within the Town shall constitute a separate and distinct offense punishable by a fine of $50 for the first offense and $100 for each subsequent offense, enforceable by the Swansea Police Department.
- ASSOCIATED COSTS
- Those costs that must meet but not exceed projected expenses for the program established under this Bylaw. These shall include, but are not be limited to annual fees, Town-designated bag prices, and Town-designated tag prices.
- BOARD OF SELECTMEN
- Shall mean the duly-elected Board of Selectmen of the Town of Swansea.
- BULKY WASTE
- Shall mean all furniture, box springs, mattresses, and other bulky material with weights or volumes greater than those allowed for in Town-approved bags, other than white goods.
- CONSTRUCTION DEBRIS
- Shall mean all waste building materials resulting from construction, remodeling, repair or demolition operations.
- CRT'S or CRT MATERIALS
- Shall mean computer monitors, computers, televisions, and other electronics. Computer and television screens must be unbroken. Broken screens shall be considered hazardous waste.
- DIRECTOR OF ENGINEERING AND HIGHWAY SERVICES
- Shall mean the duly-appointed Director of Engineering and Highway Services for the Town of Swansea or his or her authorized representative or designee.
- HAZARDOUS WASTE
- Shall mean waste or material in any amount which defined, characterized or designated as hazardous by or pursuant to Federal or State law, or waste or materials in any amount which is so regulated under Federal or State law. For purposes of this Bylaw, the term "Hazardous Waste" shall also include pathological or biological waste, chemicals or compounds which are explosive, flammable, radioactive or toxic, motor oil, gasoline, oil base paint, automobile batteries, asbestos, ammunition, broken computer or television screens.
- RECYCLABLE MATERIALS AND RECYCLABLES
- Shall mean materials which the Town has designated as having potential for recycling. These include newspapers, magazines, glass containers (clear, green and brown), #1 and #2 plastic containers, tin and aluminum cans, corrugated cardboard, brown paper bags, white and colored office paper and computer paper separated from other mixed waste by the occupants of eligible residential and municipal units and placed a curbside in an approved "set out".
- RECYCLING CONTAINER (SET OUT)
- Shall mean a durable recycling container of approximately 14 gallon capacity in which recyclable materials are co-mingled for collection at curbside or other such containers approved by the Town.
- SOLID WASTE PROGRAM
- Shall include pickup, transportation, disposal, and all related activities for trash, recyclables, yard waste, white goods, CRT materials, and household hazardous product program.
- THE TOWN
- Shall mean the Town of Swansea, a Massachusetts municipality, and shall include all streets and ways and all buildings and improvements within the municipal boundaries of the Town.
- TOWN ADMINISTRATOR
- Shall mean the duly-appointed Town Administrator for the Town of Swansea or his or her authorized representative or designee.
- TRANSPORT AND TRANSPORTATION
- Shall mean the carrying of acceptable wastes and recyclables in an approved and lawful vehicle, operated by a duly licensed driver, from the point of collection or pickup to a designated disposal site and to unload such wastes at said site.
- A. All residential refuse generated on a weekly basis by a normal household. These materials may include garbage, rubbish, wastepaper, construction debris from non-commercial sources. These materials must be sized for placement into Town-designated bags and shall not exceed 30 pounds per bag. Non-commercial construction debris shall be limited to a maximum of one bag per residence per week.
- B. The following types of waste are specifically excluded from trash: recyclables, yard waste, white goods, CRT materials, bulky waste, hazardous wastes, and construction debris exceeding one bag per residence per week. Other excluded materials include, but are not limited to: construction debris from commercial sources and large construction debris from all sources; auto hulks, engine blocks, transmission blocks, heavy machinery, ski-mobiles, motorcycles, lawn mowers, tractors, chain link fencing, metal tanks, and other large scrap items; tree stumps, regardless of size; pathological wastes; toxic and volatile chemicals; explosives; tires; batteries; Christmas trees; liquid and semi-liquid waste; waste oil, gasoline, and other petroleum products; boulders, dirt, gravel, sand, loam, fill, and other earthen materials; toilets and sinks; human or animal remains or excrement; materials banned from the waste stream by the Massachusetts Department of Environmental Protection or other state or federal governmental authority.
- WHITE GOODS
- Shall mean large household appliances incidental to the maintaining of a residence, including but not limited to refrigerators, stoves, washers, dryers and other similar metal items.
- YARD WASTE
- Shall mean leaves, Christmas trees, garden waste, grass and other clippings, weeds, brush, and other materials customarily incidental to yard and garden maintenance, and branches not exceeding three inches in diameter by four feet in length, to be tied in bundles not to exceed 60 pounds.
- YARD WASTE BAG
- Shall mean 30 gallon multi-ply biodegradable paper bags as specified by the Town, the contents of which shall not exceed 60 pounds.
This Bylaw shall supersede any existing Bylaw or Departmental Regulation of the Town of Swansea. All Bylaws and regulations or parts of Bylaws or regulations previously approved or adopted by any Town Meeting or department that relates to the collection of trash or recycling/composting are hereby repealed.
This Bylaw and the various parts, sentences, sections, and clauses thereof are hereby declared to be severable. If any part, sentence, section, or clause is adjudged invalid, it is hereby provided that the remainder of this Bylaw shall not be affected thereby.