[Adopted 8-26-2019]
A. 
The purpose of this regulation is to protect and preserve the environment, conserve natural resources, and reduce the volume of solid waste in the waste stream of Townsend.
B. 
All residents and businesses are hereby subject to this regulation. For the purpose of this regulation, the word "person" shall include any individual, business, or governmental department in the Town of Townsend, and any commercial trash hauling business serving clients in the Town of Townsend and disposing in Townsend.
For the purpose of this regulation, the following words and phrases shall have the meanings ascribed to them by this section.
BOOKS
Books and magazines excluding telephone books and catalogs.
BULKY RIGID PLASTICS
Plastic items such as outdoor furniture, children toys and laundry baskets are not allowed for the curbside pickup. These items should be brought to the Townsend Recycling Center or another appropriate recycling center. See www.RecycleSmartMA.org for a more detailed list.
CONTAMINATION
Any material other than the material being recycled which could cause rejection of the material by users of the recycled material.
CONSTRUCTION DEMOLITION
Including, but not limited to, asphalt pavement, brick and concrete, clean gypsum wallboard, treated wood, toilets and sinks.
CURBSIDE HAULER
The business that is contracted to service the curbside trash and recycling program with the Town of Townsend.
CURBSIDE PICKUP
A curbside service provided for single-family, two-family and three-family households in Townsend (excluding all profitable businesses) of removing household waste and recycling. This service is contracted by the Townsend Board of Health to pick up food and solid waste, garbage, trash and recyclables in containers acceptable by the Town of Townsend.
FOOD WASTE
Food waste or food loss is refrigerated or pantry type food material that is discarded or unable to be used. Animal bones intended for food consumption are considered food waste in Townsend.
GARBAGE
Organic waste, including vegetable and animal waste scheduled for curbside pickup. Residents are encouraged to compost vegetable matter.
GLASS
Food and beverage containers for curbside recycling. Excluded are blue glass, flat glass, plate glass, and glass. Broken glass is considered trash. Please see RecycleSmartMA.org for a more detailed list.
HAZARDOUS WASTE
Included, but not limited to: mothballs, artist and hobby supplies (glue), photo chemicals, rubber cement, floor and furniture polishes, florescent bulbs, nail polish remover, disinfectants (household, toilet, window and drain cleaners), upholstery rug and floor cleaners, plant chemicals, spot removers, lighter fluid, silver/metal polishes, oven cleaners, rodent killers, antifreeze, waxes and polishes, motor oil and fluids, oil-based paint, solvents, lead-based paints and stains, paint removers and thinners, weed killers, pool chemicals, driveway sealers, flea collars and control products and poisons. See www.DevensHHW.com for a more detailed list.
METAL CAN CONTAINERS
Household containers made of aluminum, tin, steel or mixed metals.
MIXED RECYCLING/SINGLE STREAM RECYCLING (SSR)
All recyclable commodities collected together in one container, including but not limited to, plastic, food and beverage containers, cardboard, mixed paper including newspaper, metal containers, glass bottles and jars.
PAPER
Corrugated cardboard boxes, newspaper, kraft (brown paper bags and food boxes), magazines, paper envelopes, catalogs, etc. Shredded paper is not recyclable.
PLASTICS
Plastic bottles and containers. Acceptable materials include, but are not limited to, empty and clean soda bottles, milk jugs, shampoo bottles, yogurt cups, and other food and beverage containers with their lids back on. Non-bottle containers may consist of items such as rinsed clear cups, clamshells, and tubs.
RESIDENTIAL CUSTOMERS/GENERATORS
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. ·
RESIDUE
Material altered during the processing process. Material not captured during sorting process after the hauler has taken from the curb.
RECYCLING
Collection and treatment of a leftover/unwanted product for use as a raw material that can be recycled. See www.RecycleSmart MA.org for a more detailed list.
SOLID WASTE
Useless, unwanted or discarded non-recyclable 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).
SCAVENGING
A person who goes through another person's curbside trash and recycling containers which is not permitted in the Town or Townsend or at the Recycling Center.
STYROFOAM
A plastic commonly used in packaging of foods and beverage cups that is not recyclable and must be placed in the curbside trash or brought to a specific Styrofoam disposal facility.
SWILL
Kitchen refuse and scraps of waste food mixed with water.
TEXTILES
Included, but not limited to: a cloth, shoe, towel, blanket, bedding, stuffed animals and pillows, etc., that has been woven, knitted, tufted, knotted, or bonded together using natural or synthetic threads, yarns, and other materials. Popular fabrics include cotton and leather, animals, plants, and minerals, as well as man-made synthetic materials.
TRASH
All non-organic, non-hazardous household waste suitable for curbside pickup and landfilling.
YARD WASTE
Leaves, pine needles, lawn clippings, garden wastes, weeds and hedge clippings less than six inches' diameter. Townsend now has a composting area to receive this material which must be free of anything that is not organic, rocks, rubbish, trash, food waste, animal waste and any material that could jeopardize the Town's application for a state composting permit. Yard waste is not permitted with the curbside program and can be disposed of at the Recycling Center.
A. 
There is hereby established a mandatory recycling program for the purpose of recycling materials, in accordance with Massachusetts Waste Bans (310 CMR 19.017).
(1) 
The following shall not be in the curbside trash: hazardous waste, rechargeable batteries, lead acid batteries, oil, mercury-containing items including fluorescent bulbs, button batteries, and old thermometers, tires, and construction and demolition debris, sewage, manure, building rubbish, industrial waste, paper and clean recyclable containers, furniture of any kind and yard waste.
(2) 
Animal carcasses, including, but not limited to, domestic pets, wild animals, or domestic farm animals, but excluding those animals or parts thereof that were intended for human consumption. It shall be first deposited in a sealed plastic bag prior to being deposited in the curbside trash.
(3) 
It is required of all those who participate in the curbside trash and recycling program to separate materials intended for recycling into appropriate toters of person's choice, rinsed and free of all contamination, residue, and adhere to the barrel/bag regulations set forth for trash limitations. Recycling does not require any sorting and is limitless. Trash is regulated at one sixty-four-gallon tote, or two thirty-two-gallon toters of your choice. Shredded paper and Styrofoam are not recyclable items.
(4) 
The Board of Health has the authority to add materials to or remove materials from the list of acceptable trash and recycling after giving public notice or public hearing of such changes.
(5) 
The Board of Health has the authority to direct the contracted curbside hauler to leave any trash at the curbside that contains visible recyclable material into the trash receptacles or is over the limitations of the current trash contract. The curbside hauler has the authority to leave recycling containers if they contain contamination of any kind.
(6) 
There shall be no scavenging of recycling or trash inside curbside trash barrels and recycling totes.
(7) 
The Townsend Board of Health as an enforcement procedure for repeat offenders that carry fines for noncompliance.
(8) 
This program will become effective upon passage.
B. 
Enforcement.
(1) 
The first time a person is found in violation of § 160-141 of the Townsend Code and/or these regulations through direct observation by the Health Administrator, a written warning will be mailed via first-class mail to the noncompliant person. If the property is not owner-occupied, a copy of the letter will also be mailed to the property owner. This address will be recorded with a picture of the noncompliance.
(2) 
The second time a person is found not recycling in compliance with § 160-141 through direct observation by the Health Administrator, the Health Administrator will leave a written notice taped to the mailbox or door of the non-recycling-compliant person. This notice shall include the mandatory recycling information and a warning the next offense will result in a fine. The notice may include pictures to be included to show the previous and current offenses.
(3) 
The third time and any subsequent time a person is found to be noncompliant, the Health Administrator or the Board's agent may impose a $100 fine for each noncompliant bag.
This bylaw and the various parts, sentences and clauses thereof are hereby declared to be severable. If any part, sentence or clause is adjusted to be invalid, the remainder of the section shall not be affected thereby.