[HISTORY: Adopted by the Town of Barnstable Board of Health 2-18-1997 (Section 2.00 of Part V of the 1991 Codification as updated through 6-1-1996). Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 202.
The following solid waste disposal services are provided to the residents and property owners of the Town of Barnstable and for licensed commercial trash haulers collecting solid waste from properties located within the Town of Barnstable:
A. 
For Barnstable residents and property owners at the Solid Waste Disposal Facility:
(1) 
A residential transfer station for the disposal of household trash contained in tied plastic bags, sealed paper bags, or small sealed cardboard boxes;
(2) 
A recycling center for the disposal of recyclable materials such as paper, glass, plastic containers, metal/iron products, appliances, etc., certain of which may be disposed of at no charge and others of which may require payment of a nominal fee;
(3) 
A yard waste disposal area limited to the disposal of grass clippings and leaves for composting;
(4) 
A demolition and builder's trash disposal area for the disposal of small quantities of building materials and waste from the construction/demolition of structures located within the Town of Barnstable and disposed of by residents and contractors in vehicles restricted to a size no larger than a full-sized pickup or a four-foot by eight-foot utility trailer; and
(5) 
A bulky items disposal area for items such as furniture, mattresses, box springs, and sofas.
B. 
For licensed commercial trash haulers.
(1) 
A solid waste transfer station is operated jointly by the Towns of Barnstable and Yarmouth and located in the Town of Yarmouth for the disposal of solid waste picked up from residential and commercial properties located within the Town of Barnstable.
(2) 
Special regulations governing the delivery of solid waste to the Yarmouth Solid Waste Transfer Station are issued by the Town of Yarmouth.
(3) 
Any hauler authorized to dispose of solid waste at the Barnstable/Yarmouth Solid Waste Transfer Station and who disposes of at least 50 tons of material per month at the transfer station may apply for authorization from the Department of Public Works to be billed on a monthly basis.
(4) 
The vehicle permit issued by the Board of Health to a hauler to remove, transport and dispose of garbage or other offensive substances shall be affixed to the visor in the front window of the truck.
A. 
The Department of Public Works is responsible for the proper operation and maintenance of the Solid Waste Disposal Facility located in Marstons Mills.
B. 
The Department of Public Works shall publish not less frequently than annually a complete listing of specific materials/items deemed acceptable and those deemed nonacceptable for disposal at the facility's disposal areas. The listing shall identify which of the acceptable items may be disposed of at no charge and those for which a nominal fee is charged.
C. 
The days and hours of operation of the facility are established by the Department of Public Works and shall be posted at the entrance to the facility and published periodically in local newspapers and on Television Channel 19.
Residential transfer station stickers shall be issued for a fee by the Department of Public Works annually to properly identified residential property owners and tenants of residential dwellings located within the Town of Barnstable for use of the residential transfer station pursuant to the following conditions:
A. 
Occupants of residential units are entitled to purchase a total of two stickers per residential dwelling unit.
B. 
Stickers are nontransferable and may be issued only for passenger vehicles, pickup trucks and vans. A utility trailer pulled by a vehicle bearing a transfer station sticker does not require a sticker.
C. 
Stickers entitle the resident to dispose of their household trash only. Disposal of another resident's trash is an unauthorized use of the sticker.
D. 
Stickers issued for a calendar year shall be honored at the solid waste facility through December 31 of that year or until the stickers for the following year become effective in the following year.
E. 
Household trash transported by a vehicle that does not have a valid sticker permanently affixed to the vehicle as required for that year shall be charged a disposal fee.
F. 
Residential property owners and year-round tenants of residential dwellings located within the Town of Barnstable may also dispose of bagged household trash at the residential transfer station without a sticker but will be charged a fee for each time they do so.
G. 
Residential property owners and year round tenants of residential dwellings located within the Town of Barnstable who use the solid waste facility for the purpose of disposing of recyclable materials, yard waste, demolition and builders trash and bulky items will not be required to purchase a sticker. Depending on the material/item to be disposed of, however, a disposal fee may be required. As a general rule, basic recycling materials such as paper, glass, tin cans, plastic containers, waste oil, paints, water based stains, etc., may be disposed of at no cost.
H. 
If any person attempts to use the residential transfer station using a vehicle with a sticker affixed to it that was issued to another vehicle, the sticker shall be subject to confiscation by the Town.
A. 
In those cases where a fee is charged for disposal, all trucks including standard pickup trucks, vans and utility trailers shall be weighed prior to disposal.
B. 
The driver of any vehicle requiring weighing who leaves the solid waste facility after disposing of trash without having paid the applicable fee shall be subject to criminal prosecution.
C. 
The operator of each vehicle weighed shall be furnished a weigh bill at the time of weighing to keep as a receipt of the transaction.
D. 
As a service to the public, any vehicle not disposing of waste materials may be weighed for a fee.
E. 
If the scale becomes inoperative due to the loss of electric power or due to some other reason, all vehicles normally requiring weighing shall be charged based on the fee contained in the fee schedule published for the current year.
A. 
All loads entering the solid waste facility must be covered.
B. 
Only wastes generated within the boundaries of the Town of Barnstable may be disposed of in the Solid Waste Disposal Facility.
C. 
No waste of any type shall be disposed of in a recycling station bin, container, tank, or disposal area other than that type of waste for which it is specifically designated as the collection site.
D. 
Anyone tampering with or damaging the entrance gate and/or the fencing around the Solid Waste Disposal Facility or disposing of waste of any type in the vicinity of the facility shall be subject to prosecution.
E. 
No indiscriminate dumping, salvaging or foraging shall be permitted.
F. 
In the event the residential transfer station becomes inoperative for any reason, the supervisor of the Solid Waste Disposal Facility shall have the authority to direct vehicles carrying bagged trash to deliver those bags to an alternate disposal site within the facility.
G. 
As a condition of using the Solid Waste Disposal Facility, the owner, operator or person in charge of the vehicle transporting the waste material shall, upon request of a facility attendant, provide proof of the origin or nature of the materials to be disposed of.
H. 
Continuous and flagrant disregard for the rules and regulations contained herein and/or posted at the facility shall be deemed sufficient cause for the supervisor of the Solid Waste Disposal Facility to bar the entrance of any vehicle, or to revoke a residential transfer station sticker and issue the owner a prorated rebate.
The solid waste fee schedule for the current year is approved by the Town Manager and published separately from these rules and regulations. Copies of the fee schedule may be obtained at the Solid Waste Disposal Facility office, 45 Flint Street, Marstons Mills and the Department of Public Works Office at Barnstable Town Hall.
Whoever, himself, herself or by his or her agent, or as the agent of any other person or any firm or corporation, violates the above regulations shall be punished by a fine of not more than $300.
If any article, regulation, paragraph, sentence, clause, or phrase of these regulations shall be declared invalid for any reason whatsoever, that decision shall not affect any other portion of these regulations which shall remain in full force and effect; and to this end the provisions of these regulations are hereby declared severable.