[HISTORY: Adopted by the Board of Health of the Town of Southwick 8-3-2017. Amendments noted where applicable.]
The goal of these regulations is to protect public health and the environment and ensure that all private haulers collecting solid waste and recyclables adhere to the Massachusetts waste ban regulations and uniformly comply with permit requirements established by the Town of Southwick. This should ensure that:
A. 
The environmental benefits of recycling are maximized;
B. 
There is joint enforcement of the waste ban requirements by the municipality and all private haulers operating within the municipality;
C. 
There are fair and equitable rules for all private haulers operating in the municipality;
D. 
All residents and businesses have convenient (parallel) access to recycling collection services;
E. 
All private haulers licensed to operate in a municipality are in compliance with state regulations (310 CMR 19.017);
F. 
There is greater consistency across municipalities to promote clear operating guidelines for private haulers; and
G. 
Municipalities and private haulers work together to support the goals of the solid waste Master Plan and the Global Warming Solutions Act.
A. 
These regulations establish minimum requirements for the systematic collection of solid waste and recyclables in order to promote waste reduction, comply with state-mandated waste bans (310 CMR 19.017), and further the goals of the Town of Southwick. The Board of Health of the Town of Southwick adopts these regulations under the provisions of Chapter 111, Sections 31, 31A, 31B, 122 and 150A, of the Massachusetts General Laws.
B. 
Private haulers shall only collect for disposal those items acceptable for disposal. Materials banned from disposal under 310 CMR 19.017 shall not be included with solid waste.
COMMERCIAL CUSTOMERS/GENERATORS
Property owners and occupants of any commercial, industrial, institutional, municipal, school, or mixed use building within the Town of Southwick.
CUSTOMER
Either a residential customer/generator or commercial customer/generator.
MERCURY DISPOSAL PROHIBITION
Disposal prohibition provision of the Mercury Management Act (Chapter 190 of the Acts of 2006). Effective May 1, 2008, mercury-added products cannot be disposed of in solid waste. The law also prohibits any solid waste collector from collecting as solid waste the contents of a solid waste container that the collector knows (or reasonably should know) includes one or more mercury-added products. Details may be found at this link: http://www.mass.gov/eea/docs/dep/toxics/laws/hgbanfaq.pdf
PERMITTED HAULER
Any private hauler who has obtained a valid private hauler permit from the Town of Southwick.
PRIVATE HAULER
Any person or entity providing collection of solid waste and/or recyclables for hire within the Town of Southwick.
RECYCLABLES
A material that is banned from disposal in the Commonwealth of Massachusetts pursuant to 310 CMR 19.017, Waste Bans, to include mixed paper, cardboard, glass, metal, and plastic containers which are priority material of these regulations.
RESIDENTIAL CUSTOMERS/GENERATORS
Property owners and occupants of single and multifamily dwellings, condominiums, public housing, and mobile homes within the Town of Southwick.
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).
TOWN
The Town of Southwick.
WASTE BAN MATERIALS/RECYCLABLES
All materials designated as banned from disposal in the Commonwealth of Massachusetts pursuant to 310 CMR 19.017: Waste Bans, including: asphalt, pavement, brick and concrete, cathode ray tubes, clean gypsum wallboard, commercial food waste, ferrous and non-ferrous metals, glass and metal containers, lead acid batteries, leaves and yard waste, recyclable paper, cardboard and paperboard, single resin narrow-necked plastics, treated and untreated wood and wood waste (banned from landfills only), white goods (large appliances), and whole tires (banned from landfills only).
All private haulers wishing to collect, transfer, or transport solid waste or recyclables generated within Southwick shall be required to first obtain or annually renew a permit from the Town of Southwick. No private haulers may collect solid waste or recyclables unless they have obtained a valid private hauler permit from the Town. Private haulers that collect only recyclables must also be permitted.
A. 
Permit application.
(1) 
The permit application shall include the formal name of the person or company, a statement that the person or company is registered to do business in Massachusetts and that the person or company is fully insured, a contact name, address, and telephone number.
(2) 
The permit application must include a statement that the private hauler understands, and is in compliance with the Massachusetts waste ban and mercury disposal prohibition. The private hauler shall list the solid waste disposal facilities and the recycling processing facilities where solid waste and recyclables are expected to be delivered from the private hauler's customers during the permit year. The application shall be signed by a designated representative of the company and permitted to do business within the Commonwealth of Massachusetts.
(3) 
The application shall include information on the types of services intended to be offered, and the approximate number of collection trucks expected to be used in the municipality during the course of the permit year. The application shall include information on how the private hauler intends to ensure that customers prevent waste ban material from being disposed with solid waste, and how the private hauler intends to notify customers of improper recycling or solid waste disposal.
(4) 
Upon receipt of a complete permit application, the Board of Health shall have 30 days to rule on the granting of a permit to operate within the Town of Southwick. In addition, the applicant shall pay an annual permit fee of $100 as determined by the Board of Health.
B. 
Annual permit renewal.
(1) 
Each permitted hauler shall annually submit a renewal application of his/her permit no later than the first of December, by paying the annual permit fee.
(2) 
The annual renewal application must indicate any changes from the original permit, including any change in solid waste or recyclables facilities used, and must be signed by a business owner.
C. 
General permit requirements. All permitted haulers must be in compliance with the following general permit requirements:
(1) 
All permitted haulers must clearly display the name of the company on each vehicle operating in the municipality.
(2) 
All permitted haulers must be in compliance with applicable federal, state and local laws. Each vehicle must meet all Department of Transportation safety requirements at all times.
(3) 
All materials must be securely contained in the vehicle. Littering or leaking shall be considered a violation of the permit.
(4) 
Permitted haulers shall only collect for disposal solid waste which is not banned from disposal. It is the responsibility of the permitted hauler to educate the customer about the waste bans and inform them that they will refuse to collect solid waste mixed with waste ban items that are visible to the driver/collector from any of their customers (there is no requirement to open bags). Please refer to the list of waste ban items in definition "waste ban materials/recyclables" above which may not be accepted at Massachusetts' disposal facilities.
In all cases, recyclables shall not be commingled with solid waste when collected by the permitted hauler. Recyclables must be delivered to a processing facility designed to accept recyclables. The permitted hauler shall inform customers how to prepare acceptable recyclables consistent with the requirements of the recyclables processing facility.
The Board of Health or its designee is authorized to inspect a permitted hauler's truck and load at any time. The Board of Health or its designee also has the right to require confirmation of disposal of solid waste or management of recyclables.
Enforcement of this regulation shall be by criminal complaint in the district court and/or noncriminal disposition ticket per MGL Chapter 40, Section 21D. Agents of the Board of Health or its designee shall have the power to enforce the provisions of this regulation.
A. 
Penalties.
(1) 
In the event that a permitted hauler fails to follow these regulations, the Board of Health reserves the right to impose fines or revoke the permit to operate within the Town of Southwick, subject to the appeal provisions described below:
(a) 
First offense: warning.
(b) 
Second offense: $100 fine.
(c) 
Third offense: $500 fine.
(d) 
Subsequent offenses: revocation of permit.
(2) 
Each day of failure to comply with the regulations shall constitute a separate violation. Accrued violations will expire at the end of each permitted year.
B. 
Appeal provisions. Any permitted hauler cited for a violation of these regulations may appeal such citation by filing a written notice of appeal with the 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. The hearing will be conducted in accordance with the established procedures of the Board of Health.