[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 12-18-2001 by Ord. No. 01-103. Amendments noted where applicable.]
Garbage, rubbish and refuse — See Ch. 169.
Storage or disposal of radioactive waste — See Ch. 217.
Editor's Note: This ordinance also repealed former Ch. 223, Recycling, adopted 5-6-1986, as amended.
There is hereby established a program for the mandatory separation of certain recyclable material from garbage and rubbish by the residents of the City of Chicopee and the collection of recyclables at the residents' curbside. The collection of separated recyclables shall be made periodically under the supervision of the Superintendent of Public Works.
All buildings shall be included in the mandatory recycling program. Unless otherwise provided by the City through grant or other programs, each homeowner, property owner, or property manager shall provide, or cause to be provided, recycling receptacles to each residential unit of such characteristics as to meet the minimum standards established by the Chicopee Department of Public Works.
All units and properties served by City Sanitation Collection service as well as those served by private hauling services shall conform to all sections of this chapter.
The purpose and intent of this program is to comply with Commonwealth of Massachusetts promulgated regulations 310 CMR 19.017, commonly known as "waste bans," which restrict the disposal of certain items at solid waste facilities, landfills, and incinerators in Massachusetts.
"Recyclables" are the discarded materials described below which may be reclaimed and are considered saleable, recyclable, or reusable. For the purposes of this chapter, these materials are defined and described in the following categories:
Aluminum: cans made from aluminum, aluminum foil, aluminum wrappers and containers or trays used in the packaging, preparation, or cooking of prepared dinners, pies, cakes, or other foods.
Glass: all unbroken jars and bottles or similar products made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling of various matter and all other material commonly known as "glass," excluding:
Ferrous metal cans: all containers composed in whole of iron or steel and so-called "tin" cans used for the packaging or storing of various food and nonfood items, except containers which contained paint or petroleum-based solvents and any pressurized aerosol cans.
Clean and unsoiled newspaper, as defined in Subsection B, "landfill," including newsprint, all newspaper advertisements, supplements, comics, and enclosures. Newspapers shall be considered clean and uncontaminated if they have not been exposed to substances or conditions rendering them unusable for recycling.
Corrugated paper: old corrugated cardboard, cardboard boxes and cartons, paperboard, and similar corrugated and kraft paper materials.
Mixed paper: all grades of recyclable paper, including white paper, copy, fax, and printer paper, colored and construction paper, brown paper bags, paperbacks and telephone books, magazines and catalogs, mail, including junk mail without waxy coatings and plastic windows, and boxboard, i.e., cereal, shoe, and cracker boxes.
Single polymer plastic: plastic which is labeled by resin numbers 1 through 7 and further classified by name, such as Number 1 PET, polyethylene terephthalate, Number 2 HPPE, high density polyethylene, Number 3 PVC, vinyl/polyvinyl chloride, Number 4 LDPE, low-density polyethylene, Number 5 PP, polypropylene, Number 6, PS polystyrene (with the exception of styrofoam), Number 7, other resins and layered multimaterial.
Definitions. For the purposes of this chapter, the following terms, words, and phrases shall have the specific meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- The implementation of a recycling program which provides the opportunity to recycle for residents, tenants, and occupants of all buildings. The program must be at least as convenient as rubbish collection or placement whenever possible.
- BLUE BIN
- A rectangular recycling receptacle, usually blue in color and between six-gallons (apartment size) and 18 gallons (residential size) in volume for use as a curbside set-out container or as an accumulation and carrier box to a recycling storage area. The City reserves the right to change or add colors of containers to differentiate materials as needed.
- The City of Chicopee, Massachusetts.
- COMMERCIAL RECYCLING PLAN FORM
- The form required to be submitted to the Chicopee Department of Public Works by each property owner or manager business or nonprofit establishment within the City which identifies their plan offering recycling access in all buildings. This form shall be submitted one time for the current establishment and resubmitted upon any change in ownership, name, substantial function or physical layout of the buildings.
- DWELLING UNIT
- Any residential unit that contains living facilities which provide for sleeping, eating, cooking, and bathing and which otherwise meets the definition as provided for in the State Sanitary Code 105 CMR 410.000.
- A duly authorized rubbish and recycling company, permitted in the City, whose primary business is to collect and transport same throughout Chicopee and whose ultimate destination is a disposal facility recognized by the City. This meaning will apply to any company doing business for the City as well as those employed by private owners or property managers.
- HAULER PERMIT
- The permit issued by the Board of Health to haulers which authorizes them to work within the City.
- HAULER REPORTING FORM
- The form required by the Chicopee Department of Public Works to be submitted by each hauler which allows for an orderly reporting process on the status of recycling programs for each of their multifamily and business customers.
- The Connecticut Valley Sanitary Landfill, owned by USA Waste, operated by Waste Management Inc., and located on New Lombard Road, Chicopee.
- MULTIFAMILY BUILDING, COMPLEX, AND PROPERTY
- A residential property within the City which has five or more dwelling units, including apartments, rooming and boarding units, condominiums, cooperatives, group homes, nursing homes and so-called assisted living facilities, mobile home parks, school dormitories, temporary shelters, and seasonal living quarters for farm laborers, but excluding hospitals and clinics.
- MULTIFAMILY RECYCLING PLAN FORM
- The form required by the Department of Public Works to be submitted by each property owner or manager of a multiunit property (five or above) within the City which identifies their plan to offer recycling access to all buildings. This form shall be submitted by September 1, 2001, and by each July 1 thereafter.
- PROPERTY OWNERS OR MANAGERS
- Those individuals, single-family occupants, homeowners, condominium or other tenant associations, property management businesses, commercial businesses, nonprofit organizations, churches and other similar institutions, and municipal and governmental entities responsible for providing recycling services and waste management services for a building or property in the City.
- A container on wheels widely used for the collection of certain recyclable material, which can be 32, 64, or 96 gallons, and which is designed for mechanical lifting and loading into a collection vehicle.
It shall be mandatory for all occupants in all buildings to separate all designated recyclables from other refuse and properly place them for ultimate disposal in accordance with the following:
Buildings which receive City solid waste collection services.
It shall be mandatory for residents of single-family, two-, three-, four-family, and any other property currently served by the City (grandfathered) to separate from refuse all recyclables as designated by the Superintendent. This requirement shall also apply to City owned buildings. The City (through the DPW Sanitation) will offer access to the City's recycling program and will make every effort to make it as convenient as regular rubbish collection.
Residents and occupants shall use the recycling receptacles issued to each household, apartments (up to and including four-family), and grandfathered properties, including multifamilies, small business and commercial properties. Receptacles shall be placed on and removed from the curbside or tree belt in accordance with the provision of Sec. 9-6(a).
So long as containers are available through grants or available funds, one blue bin will be provided to each residential dwelling. The City shall retain ownership of all recycling receptacles issued by the City and residents shall take proper care to protect them from loss or damage. After the City's supplies are depleted, it shall be each resident's responsibility to obtain a suitable replacement within 30 days.
The City may provide a suitable number of recycling receptacles, including toters, to some buildings that currently receive City rubbish collection services. The City shall determine the number, location, and type suitable for the building and shall retain ownership of all receptacles issued to owners or managers of each building. Owners or managers shall take proper care of receptacles to protect them from loss or damage and shall be responsible for obtaining suitable replacements within 45 days.
All the metal and glass recyclables, as defined in § 223-2, shall be placed together in the designated recycling receptacle separate from rubbish or garbage. These recyclables need not be washed, but should be rinsed of any food residue, and labels and lids need not be removed.
Recyclable newspapers and corrugated paper shall be placed on top of or next to the recycling receptacle in a manner to prevent the scattering of the paper.
Newspapers shall either be packed in standard grocery or paper bags, placed in cardboard boxes or securely tied in flat bundles, none of which shall weigh more than 50 pounds.
If not used for packing paper recyclables, corrugated boxes and cardboard cartons shall be collapsed and tied in bundles not weighing more than 50 pounds and placed on top of or next to the recycling receptacle.
Recyclables shall not be placed in plastic garbage bags for collection, removal, or disposal. Recyclables shall not be placed in the same refuse container as or otherwise mixed with other forms of solid waste for collection, removal, or disposal.
Buildings which do not receive City solid waste collection services.
It shall be mandatory for each owner, manager, and occupant of a building which does not receive City solid waste collection to separate recyclable material from other refuse.
Owners and managers of these buildings shall contract with properly licensed recycling hauling companies permitted to operate within the City of Chicopee and are responsible for all costs incurred.
From time to time, the City may offer recycling containers, tenant and occupant education, and other information which is designed to increase the ease and efficiency with which the building recycles.
Any violation of this section or any part thereof shall be punishable by a fine of $50.
From the time of placement at the curbside tree belt of any recyclables for collection by the City of Chicopee pursuant to the program established hereby and the rules and regulations issued hereunder, such materials shall become the property of the City of Chicopee. From the time of placement at the designated area of any recyclables for collection by a private hauler, such materials shall become the property of that hauler. It shall be a violation of this chapter for any person, other than authorized agents of the City acting in the course of their employment or authorized employees of a private hauler acting in the course of their contract, to collect, or cause to be collected, any recyclables so placed. Any and each such collection or pickup in violation hereof from one or more locations shall constitute a separate and distinct offense punishable as herein after provided.
The recyclables collected by the City shall be transported to and disposed of at the Materials Recycling Facility (MRF), Springfield, MA. Any other recyclables collected by private haulers which are destined for facilities other than the MRF must be so stated on the hauler permit and whose operation must allow for the efficient and accurate accounting of reportable tonnage to the City of Chicopee periodically.
Any violation of this section or any part thereof shall be punishable by a fine of $100, and the violator shall make restitution to the City for the value of any recyclables illegally removed.
Single-family residences, and two-, three-, and four-family unit properties, whether single or multiple structures, shall participate in the City of Chicopee Curbside Recycling Program. The biweekly collection is performed by the Chicopee Department of Public Works' Sanitation Department Recycling crews and parallels the rubbish collection schedule as outlined in § 169-12. Curbside recycling calendars are annually distributed to most residences of this size or are available at the DPW and describe materials accepted and procedures to follow. Procedures are reviewed and can be changed periodically at the discretion of the Superintendent of the Department of Public Works to comply with Commonwealth of Massachusetts solid waste regulations. Blue bins, of between 14 and 18 gallons' capacity, are the accepted set-out containers, and shall be used by these dwellings.
Multifamily properties are five residential units or more and shall be responsible for providing their tenants and occupants access to a recycling program. Every effort will be made for the building's recycling program to parallel its rubbish collection program in order to provide convenient access for tenants. Recyclables shall be collected from each property at least once every two weeks.
Tenant education. Property owners and managers must notify tenants at the time of renting or leasing and at least annually thereafter about their expected participation in the building's recycling program. Tenants shall be provided with the following information:
Agreement with private hauler. Contractual arrangements must be made between multifamily owners and managers and haulers authorized by the Board of Health to operate within the City of Chicopee. Recycling collection schedules, storage and pickup locations, and traffic flow issues shall be mutually agreed upon by the parties. The City is not responsible for any problems, unauthorized collections, liabilities, or any other difficulties that arise between the haulers and their customers.
Written recycling plan.
A multiple-unit recycling plan form will be provided by and must be submitted back to the Chicopee Department of Public Works upon implementation of any recycling activity or program by the property owner or manager of each building which has five or more residential units. The Form must be completed, approved, and on file at the DPW before any technical assistance, tenant and employee education, or equipment grants are given by the City to a multifamily. The plan will cover the following:
The Form shall be resubmitted annually by July 1, even if there are no changes to report from the previous year.
Implementation of recycling plan. The recycling plan must be implemented within 90 days of approval by the DPW for a new multifamily property or within 90 days of adoption of these provisions by the City Council for existing properties. A new plan shall be submitted by the new owner or property manager within 90 days upon the sale and purchase of the property or by the existing owner or property manager upon a significant change in the property's recycling activity.
Editor's Note: These provisions were originally adopted by the Board of Aldermen.
General compliance with applicable laws. The location and placement of recycling containers for storage purposes before final pickup and disposal shall comply with all applicable state and local laws, and be at least as convenient to tenants as rubbish receptacles.
Indoor or interior collection/storage areas shall be established in accordance with Chicopee Fire Department Codes and State Sanitary Codes-Minimum Standards of Fitness For Human Habitation.
Outdoor or exterior storage structures shall be established in accordance with all state and City Building Codes. In addition, containers located outdoors shall be covered to protect materials from the elements and from vector populations. The property owner/manager shall maintain all recycling areas in a clean and sanitary condition to meet Chicopee Board of Health regulations, State Sanitary codes, and City of Chicopee Code § 169-9A, B, C, and D as it relates to responsibilities of owners of land.
Business/commercial buildings and properties and owners thereof, including nonprofit enterprises, shall be responsible for providing recycling access to commercial tenants, and all other persons or establishments occupying space within their buildings. Every effort shall be made to parallel the building's recycling program to its rubbish collection in order to provide convenient access to all occupants. These commercial entities shall establish an on-site recycling program which collects at a minimum two materials from the list as described and defined in § 223-1. Grandfathered commercial properties receiving City Sanitation collection service (rubbish and recycling) on the date of adoption of this chapter will continue to be serviced and will be worked with on an individual basis to increase ease and efficiency of recycling. Any building or property which has generated, or will generate rubbish is included in this chapter.
Business tenant and employee education. Building owners and property managers must notify individual business owners (commercial tenants) at the time of renting or leasing and at least annually thereafter about their expected participation in the building's recycling program. Individual businesses must notify their employees at the time of hire and at least annually thereafter about their expected participation in the business' recycling program. All occupants shall be provided with the following information:
Reasons to reduce solid waste by recycling;
Which materials are collected;
How to prepare the materials to meet the processing requirements;
Collection schedules and locations of bins, toters, and dumpsters;
Name of hauler under contract; and
Contact person and telephone number responsible for coordinating all aspects of the commercial recycling plan.
Agreement with private hauler. Contractual arrangements must be made between commercial properties and haulers authorized by the Board of Health to operate within the City of Chicopee. Recycling collection schedules, storage and pickup locations, and traffic flow issues shall be mutually agreed upon by the parties. The City is not responsible for any problems, unauthorized collections, liabilities, or any other difficulties that arise between the haulers and the customers.
Written recycling plan. A commercial/business recycling plan form will be provided by, and must be submitted back to, the Chicopee DPW upon the implementation of any recycling activity or program by the owner or commercial building property manager. The form must be completed, approved, and on file at the DPW before any technical assistance, tenant and employee education, or equipment grants are given by the City to a commercial building or business. The plan will cover the following:
Implementation of commercial recycling plan. The commercial building's recycling plan must be implemented within 90 days of approval by the DPW or within 180 days of adoption of these provisions by the City Council. A new plan shall be submitted by the new owner or property manager within 90 days of the sale and purchase of the building or business or by the existing owner or property manager upon a significant change in the building's recycling activity.
Editor's Note: These provisions were originally adopted by the Board of Aldermen.
General compliance with applicable laws. The indoor and/or outdoor placement of recycling containers shall also comply with all codes as previously described for multifamily properties in § 223-5B(5).
Any violation of this section or any part thereof shall be punishable by a fine of $100.
To obtain hauler status in Chicopee, a permit to operate within the City must be obtained from the Chicopee Board of Health. All haulers permitted to pickup rubbish from property within the City shall also have the capability to offer recycling pickup services, by sorting, separating, delivering, or otherwise managing recyclable material apart from rubbish. This capacity shall include the ability to deliver recyclable materials to a DEP-approved facility and to effectively report tonnages to the City.
Haulers providing ongoing recycling collection services shall be responsible for the collection, intermediate storage or transfer, transportation, and delivery to the MRF or another DEP-approved processing facility for recyclables.
Recycling collection schedules and pickup locations shall be mutually agreed upon by property owners/managers, businesses, nonprofit establishments, and the haulers. The City of Chicopee shall not be responsible for any problems, unauthorized collections, liabilities, or other difficulties that arise between the haulers and their customers.
Haulers shall be responsible for furnishing, maintaining, and replacing all recycling containers and collection vehicles which are deemed necessary in the recycling program.
Recycling containers provided by haulers, including compactors, shall be clearly labeled in English and in other languages when appropriate, including indicating the materials to be placed in the container and the word "recycle" or "recyclable."
The type of containers used to collect the recyclable material, agreed upon between the hauler and the customer, shall have adequate capacity and durability to efficiently meet the needs of the occupants and meet the spatial constraints of the building.
Haulers shall provide a list of their multifamily property customers, a list of their business/commercial property customers, and indicate whether a recycling program has been established and maintained. The DPW will provide each hauler with a hauler reporting form which shall be submitted to the Superintendent of Public Works on a semiannual basis: January 1 and July 1, and beginning January 1, 2002. All such reports, and the data contained therein, once received by the City of Chicopee, become the property of the City and will be considered confidential.
Haulers shall not be responsible for the establishment of a program unless contracted by the property owner/manager.
Haulers shall be entitled to deliver only those recyclables which the operator of the MRF is contractually obliged to accept. Haulers shall be entitled to reject loads of recyclables containing in excess of 10% by weight of nonrecyclables, or loads contaminated by hazardous waste or any other nonconforming substance. When the origin of the rejected load can be determined, haulers shall notify the customer immediately and the City in writing when such occurrences become chronic.
Failure of a hauler to comply with any of the terms and conditions set forth in § 223-6 may cause the City to notify the hauler of the deficiency, and to work with the hauler to remedy the situation. Failure to remedy such noncompliance to the satisfaction of the City or the DEP may result in the suspension, modification, or termination of the rights of the hauler to operate within the City. Circumstances under which the City may exercise such options include, without limitation:
Failure to cooperate with DEP and the operator of the MRF to coordinate deliveries or to deliver compliant loads.
Failure to provide the City with customer noncompliance data.
Failure to provide recycling services to rubbish generating customers.
Failure to accurately complete or submit the hauler reporting form.
Failure to accurately complete or submit tonnage data periodically.