[Added 11-21-2016, effective 4-15-2017]
A. 
These regulations are intended to protect the public health, safety, and the environment in the Town of Kingston by regulating the storage, transferring, recycling and disposal of solid waste, as defined in 310 CMR 19.00 of the State Environmental Code, and to ensure compliance with the provisions of MGL c. 111, § 150A; the rules and regulations stated in 310 CMR 19.00 of the State Environmental Code; the Massachusetts Comprehensive Fire Safety Code (527 CMR 1.00); and the Zoning Bylaw of the Town of Kingston.
B. 
These regulations apply to all contractors, firms and/or persons operating as a solid waste disposal company or private hauler collecting solid waste and recyclables from residential properties in the Town of Kingston.
Definitions shall be as defined in the Town of Kingston, Board of Health Solid Waste Regulations, included as an Appendix to these regulations,[1] and as follows.
APPLICANT
Contractor, firm and/or person named on application to provide solid waste and recycling collection and hauling services to residential customers throughout the Town of Kingston.
APPROVED FACILITY
An established site or works, and other appurtenances thereto, that will be used for the handling, storage, transfer, processing, treatment and/or disposal of solid waste. An established site or works, and other appurtenances thereto, that will be used for the handling, storage, transfer, processing and/or treatment of recyclable material. Such facility must be permitted and approved by the appropriate municipal and/or state agency.
DISPOSAL
See Appendix.
ENFORCEMENT AGENT
Any member of the Board of Health, the Health Agent or designee thereof.
PERMITTEE
Any contractor, firm and/or person which has applied for and obtained the appropriate permit to collect and haul solid waste and recycling within the Town of Kingston.
RECYCLABLE MATERIAL
See Appendix.
SOLID WASTE
See Appendix.
SOLID WASTE/RECYCLING COLLECTION VEHICLE
Any vehicle used for the collection and hauling of solid waste and recyclables.
WASTE-BANNED MATERIALS
See Appendix.
WASTE HAULER/PRIVATE HAULER
Any contractor, firm, and/or person who is duly permitted by the Kingston Board of Health to collect or haul solid waste and recyclables within the Town of Kingston off-site to an approved solid waste or recycling treatment, processing or disposal facility.
[1]
Editor's Note: The appendix definitions are included as an attachment to this chapter.
A. 
No contractor, firm or person shall provide collection of solid waste or recyclables in the Town of Kingston without first obtaining a permit from the Kingston Board of Health.
B. 
No contractor, firm or person shall provide collection of solid waste in the Town of Kingston without providing collection of recyclable material in conjunction with collection of solid waste as a bundled/integrated service to allow compliance with the Commonwealth of Massachusetts Department of Environmental Protection Waste Bans, 310 CMR 19.017, and the Town of Kingston Board of Health Solid Waste Regulations. For the purposes of this regulation, incineration of waste is not considered recycling.
C. 
Each applicant/permittee shall submit the following information to the Board of Health with their permit application:
(1) 
Information detailing how compliance with the terms of these regulations will be met. Such information shall include, at minimum, a list of residential customers served and frequency (weekly, biweekly), of collections and the names and locations of the approved facilities to which all refuse and recyclables are brought.
(2) 
Each applicant shall indicate the means for ensuring that customers exclude all items banned from disposal at solid waste facilities as described in 310 CMR 19.017(3), including but not limited to providing each customer with a list of waste-banned items and a description of proper packaging or bundling methods with a clear explanation that recyclables must be separated from solid waste in a separate container. The applicant shall detail how nonrecyclables will be excluded from loads of recyclables. The applicant must also indicate how customers will be notified of improper recycling or trash-disposal methods.
D. 
Each applicant/permittee shall submit the following information to the Kingston Board of Health in order to maintain a valid permit:
(1) 
Each permittee will be required to submit quarterly reports to the Kingston Board of Health, listing the tonnages of solid waste and recyclables that have been collected. Copies of weight slips supporting this data must be provided, along with the names and locations of the approved facilities to which said materials are brought. Reports shall summarize the totals collected during the quarters ending March 31, June 30, September 30, and December 31 and shall be submitted within 30 days of the end quarter. Failure to provide these reports in a timely fashion may be cause for revocation or suspension of permit.
(2) 
A description of the collection vehicle(s) to be used, including the company name, make, model, year, type, registration number and the capacity of the vehicle(s) is a requirement of the permit application.
E. 
All permits shall expire at the end of the calendar year in which they are issued, but may be renewed annually on application to the Kingston Board of Health. Permits are nontransferable without the prior approval of the Health Department.
F. 
Any application which fails to include all information in the Board of Health regulations shall be deemed incomplete and shall be denied.
A nonrefundable permit fee is required with permit application. Please see the Kingston Board of Health fee schedule.
A. 
Each applicant shall furnish to the Health Department a certificate from an insurance company licensed to do business in the Commonwealth of Massachusetts, showing the applicant carries public liability insurance in an amount not less than $500,000 up to $1,000,000 for injury or death of one or more persons, and $250,000 for damage to property. Certificates of insurance shall be furnished each year upon renewal of permit.
B. 
The applicant shall make certain that the above insurance policy is not canceled prior to notification of the Health Department. This notification shall be not less than 30 days prior to such cancellation.
A. 
The individuals empowered as enforcement agent(s) may enforce the provisions of these regulations.
B. 
The enforcement agent(s) may inspect collection vehicles and loads at reasonable times in order to ensure that they comply with all applicable state laws or local regulations. Failure to comply with any of these regulations or conditions of any permit(s) issued by the Kingston Board of Health may be cause for suspending or revoking a permit.
C. 
Enforcement of this regulation shall be by either criminal complaint in court of jurisdiction or noncriminal procedures as set forth in MGL c. 111, §§ 31, 31A, 31B and 150A.
D. 
Improper disposal of waste may be cause for immediate revocation of permit and prosecution to the fullest extent of the law. "Improper disposal" shall include disposal of recyclable materials with trash.
A. 
Any contractor, firm and/or person who violate these regulations may be subject to revocation of permit and/or a fine of:
(1) 
$100 for a first violation.
(2) 
$200 for the second violation.
(3) 
$500 for the third violation.
B. 
Any subsequent violations shall be determined by the Board of Health at a show-cause hearing, at which time additional fines may be imposed or the license to operate may be suspended or revoked.
Any person aggrieved by the decision of the Kingston Board of Health and/or agent may appeal to the Board of Health within 10 business days of grievance. Furthermore, if the decision of Kingston Board of Health and/or enforcement agent is upheld by the Board of Health, the aggrieved party may appeal the Board's decision in any court of competent jurisdiction, as provided in the laws of the commonwealth.
Each section of these regulations shall be constructed as separate to the end that if any regulation or sentence, or phrase thereof, shall be held invalid for any reason, the remainder of these regulations and all other regulations shall continue in full force.
These regulations were adopted by the Kingston Board of Health at meeting November 21, 2016. A summary of regulations adopted shall be published once in the Kingston Reporter as required by MGL c. 111, § 31.