[HISTORY: Adopted by the Town Meeting of the Town of Swansea 5-20-2002 ATM by Art. 17. Amendments
noted where applicable.]
A.Â
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.
B.Â
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:
(1)Â
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. A
standard late fee may be established by the Board of Selectmen to
be added to any assessed annual trash fee that is not paid by the
designated due date. 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. In the event
that the Board of Selectmen establishes a standard late fee, the amount
and relative frequency of imposition of said late fee shall be taken
into consideration in determining the annual trash fee. The Town shall
make this system self-sufficient utilizing an enterprise fund established
under MGL c. 44, § 53F 1/2.
[Amended 6-14-2021 ATM by Art. 14]
(a)Â
Billing of the trash fee shall take place twice per fiscal year.
Abatements for said fees must be filed with the Board of Selectmen's
Office no later than 30 days after the date of each billing of said
fee.
(2)Â
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.
(3)Â
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.
(4)Â
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.
(5)Â
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.
(6)Â
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]
(7)Â
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.
(8)Â
Unpaid trash fees, including any imposed late 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 and this Chapter of the General Bylaws.
[Amended 6-14-2021 ATM by Art. 14]
C.Â
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, any late 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; 6-14-2021 ATM by Art. 14]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
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.
Shall mean the duly-elected Board of Selectmen of the Town
of Swansea.
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.
Shall mean all waste building materials resulting from construction,
remodeling, repair or demolition operations.
Shall mean computer monitors, computers, televisions, and
other electronics. Computer and television screens must be unbroken.
Broken screens shall be considered hazardous waste.
Shall mean the duly-appointed Director of Engineering and
Highway Services for the Town of Swansea or his or her authorized
representative or designee.
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.
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".
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.
Shall include pickup, transportation, disposal, and all related
activities for trash, recyclables, yard waste, white goods, CRT materials,
and household hazardous product program.
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.
Shall mean the duly-appointed Town Administrator for the
Town of Swansea or his or her authorized representative or designee.
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.
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.
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.
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.
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.
Shall mean 30 gallon multi-ply biodegradable paper bags as
specified by the Town, the contents of which shall not exceed 60 pounds.
A.Â
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.
B.Â
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.
