[HISTORY: Adopted by the Town Meeting of the Town of Southampton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. XXIX of the General Bylaws; amended 10-22-2019 STM]
[Amended 5-9-2023 ATM by Art. 31]
In order to implement a program of recycling in conjunction with ordinary waste collection, residents and businesses of every household or establishment in the Town of Southampton shall separate waste material into the following categories before disposal at the transfer station:
A. 
Glass, cans and aluminum.
B. 
Paper and cardboard.
C. 
Other waste classified by the Board of Health.
D. 
Unrecyclable materials.
In accordance with MGL c. 40, § 8H, the Board of Health (Board) of the Town of Southampton (Town) shall be charged with the promulgation and implementation of this bylaw and any regulation adopted under this bylaw.
In order to protect the environment and promote recycling, and in compliance with Massachusetts-mandated waste bans, the Town hereby establishes mandatory separation of recyclable and compostable yard waste from the solid waste stream.
COMPOSTABLE YARD WASTE
Means leaves, grass clippings, garden wastes, weeds, prunings and brush.
RECYCLABLE or RECYCLABLE MATERIAL
Means a material that has the potential to be recycled and which is pre-sorted. Such materials shall include but are not limited to containers, films and wraps made from metal, glass, plastic or paper; and newspaper, office paper, cardboard and other grades of paper. "Recyclable material" does not include:
[Amended 5-9-2023 ATM by Art. 31]
A. 
Organic materials that will be composted or converted; or
B. 
Construction and demolition waste unless it has been separated and kept separate into at least the following categories: asphalt, brick and concrete; ceiling tiles; wood; metals; plaster and wallboard; roofing materials; and carpet.
[Amended 5-9-2023 ATM by Art. 31]
This bylaw applies to all owners, tenants, occupants, and property managers of residential, multifamily, commercial, industrial, municipal, and institutional structures and properties in the Town and to any and all waste haulers duly licensed by the Board.
A. 
Every waste hauler must be duly licensed by the Board on an annual basis to operate within the Town.
B. 
Every waste hauler shall provide an integrated waste management service whereby collection of recyclables is provided to all trash collection customers.
C. 
Every waste hauler shall, upon request, provide the Board with an updated customer list, which includes the names and addresses of customers within the Town, the degree of service, and pickup schedule. Upon request by the Board, every waste hauler shall also provide educational material to customers.
D. 
Waste haulers shall allow for unannounced inspections of collected refuse or recyclables by the Board or its designated agent(s) where the waste hauler is required to demonstrate satisfactory collection procedures.
A. 
The following penalties apply to residents who are permitted to use the Town of Southampton transfer station:
(1) 
First offense: $25.
(2) 
Second offense: $50.
(3) 
Third offense: permit suspension [for the remainder of the fiscal year (July 1 to June 30)].
B. 
Commercial trash haulers are subject to penalties as stated in Trash Hauler and Recycling Licensing and Operational Regulations. All penalties are enforced by the Southampton Board of Health or its designated agent.
If any section of this bylaw is declared invalid or unenforceable for any reason, said decision shall not affect any other section of this bylaw, which shall remain in full force and effect.
A. 
Any party cited for a violation of this bylaw may obtain review of such citation by filing a written notice of appeal with the Town of Southampton 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 from 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.
B. 
The hearing will be conducted in accordance with the established procedures of the Board of Health. Following such hearing, the Board of Health may uphold, rescind or modify any such citation.