[HISTORY: Adopted by the Town Council of the Town of Agawam as indicated
in article histories. Amendments noted where applicable.]
[Adopted 1-11-1988 by TOR-87-12]
There is hereby established a program for the mandatory separation of
certain recyclable material from garbage or rubbish by the residents of the
Town of Agawam and the collection of the recyclables at the residents'
curbside. The collection of separated recyclables shall be made periodically
under the supervision of the Superintendent of Public Works.
Recyclables are the discarded materials described below which may be
reclaimed and are considered salable by the Town of Agawam. For the purpose
of this article, they are defined in the following categories:
A.
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.
B.
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:
C.
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.
D.
Clean and unsoiled newspaper, 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. Persons may wrap solid
waste in used newspapers and discard the same with regular solid waste even
if such wrapping does not render the newspapers unusable for recycling.
E.
Corrugated paper: Corrugated boxes, cardboard, cardboard
cartons, pasteboard and similar corrugated and kraft paper materials.
F.
Household batteries known or suspected to contain mercury
or other recyclable materials as may be later determined by the Superintendent
of Public Works.
[Added 10-15-1990 by TOR-90-43]
A.
The resident shall use the recycling receptacle provided
to each household for the purpose of collecting the recyclables and placing
them for disposal.
(1)
Recycling receptacles shall be placed on and removed
from the curbside or tree belt in a manner similar to and at the same time
as the regular garbage or rubbish.
(2)
All the metal and glass recyclables, as defined in § 109-2A, § 109-2B and § 109-2C, shall be placed together in the designated recycling receptacle separate from rubbish or garbage. These recyclables need not be washed, flattened or processed in any way, and labels, lids, corks and neck rings need not be removed.
(3)
Recyclable household batteries as defined in § 109-2F shall be placed together in a container to be made available by the town and placed atop of or affixed to the designated recycling receptacle.
[Added 10-15-1990 by TOR-90-43]
(4)
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.
(a)
Newspapers shall either be packed in standard grocery
or paper shopping bags, placed in corrugated boxes or securely tied in flat
bundles, none of which shall weigh more than 50 pounds.
(b)
If not used for packing paper recyclables, corrugated
boxes and cardboard cartons shall be collapsed and tied in bundles weighing
not more than 50 pounds and placed on top of or next to the recycling receptacle.
(5)
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.
(6)
Rubbish, refuse or other nonrecyclables shall not be
placed in the recycling container for collection, removal or disposal.
B.
A resident who violates the provisions of this section
shall first be notified of the violation by registered mail, and such notice
shall advise of the requirements of the recycling ordinance and the fine for
subsequent violations which shall be $25 for the first offense after receipt
of the above notice and not more than $50 for succeeding violations.
A.
From the time of placement at the curbside tree belt
of any recyclables for collection by the Town of Agawam or its agencies, pursuant
to the program established hereby and the rules and regulations issued hereunder,
such materials shall become and be the property of the Town of Agawam. It
shall be a violation of this article for any person other than authorized
employees of the Town of Agawam acting in the course of their employment or
contractors or agents under the terms of their contract to collect or pick
up or cause to be collected or picked up any recyclable materials. Any and
each such collection or pickup in violation hereof from one or more locations
shall constitute a separate and distinct offense punishable as hereinafter
provided.
B.
The recyclables collected by the Town of Agawam shall
be transported to and disposed of at the designated Materials Recovery Facility.
C.
Any violation of this section or any part thereof shall
be punishable by a fine not to exceed $300, and the violator shall make restitution
to the town for the value of any recyclables illegally removed.
All ordinances or parts of ordinances, resolutions, regulations or other
documents inconsistent with the provisions of this article are hereby repealed
to the extent of such inconsistency.
This Article and the various parts, sentences, sections and clauses
thereof are hereby declared to be severable. If any part, sentence, section
or clause is adjudged invalid, it is hereby provided that the remainder of
this article shall not be affected thereby.
This Article shall take effect no later than one week after the Materials
Recovery Facility commences commercial operation. Notice of the commencement
date shall be published once in a daily newspaper having circulation in the
Town of Agawam.
[Adopted 10-2-1989 by TOR-89-26]
No person, business, corporation, enterprise or other legal entity shall
place, throw, deposit, discharge or shall cause to be placed, thrown, deposited
or discharged any trash, bottles, cans, refuse, rubbish, garbage, debris,
scrap, waste or any other waste material of any kind, including but not limited
to household trash, lawn clippings and leaves, demolition material, motor
vehicle parts and tires, hazardous waste or materials, used appliances, construction
materials and debris, on any public highway, public way, city or town way,
private way, street or upon any property, public or private.
The Department of Health shall have the authority and power to issue
a written notice ordering removal of any offensive matter in violation of
this article. Said notice shall order removal within 14 days of receipt and
shall be served:
A.
Personally by a duly authorized member of the Police
Department and/or the Department of Health;
B.
By leaving a copy at the last and usual place of abode
or business;
C.
By sending a copy by registered or certified mail, return
receipt requested, at the last known address; or
D.
If the address is unknown and service in hand is not
possible, by posting a copy in a conspicuous place on or about the property.
No person, business, corporation, enterprise or other legal entity shall
allow or permit such trash, bottles, cans, refuse, rubbish, garbage, debris,
scrap, waste or any other waste material of any kind, including but not limited
to household trash, lawn clippings and leaves, demolition material, motor
vehicle parts and tires, hazardous waste or materials, used appliances, construction
materials and debris, to remain upon any public highway, public way, city
or town way, private way, street or upon any property, public or private,
for any period of time after expiration of the fourteen-day notice period.
Whoever violates any provision of this article shall be fined not more
than $500 nor less than $200. Each item of waste placed, thrown, deposited
or discharged shall constitute a separate violation of this article. Each
day said violation is permitted to continue after expiration of the fourteen-day
notice period shall constitute a separate violation of this article. Whoever
violates any provision of this article shall pay to the Town of Agawam all
costs and expenses, including reasonable attorney's fees, incurred by
the town in the enforcement of and prosecution of this article. The Town of
Agawam shall also be entitled to restitution for any and all costs incurred
in the collection, removal and disposal of said waste.
[Added 6-6-2005 by TOR-2005-6]
Any violation of this chapter, Chapter 109, and any violation of the Code of Massachusetts Regulations (CMR) 410.600 and/or 410.602, may, in the discretion of the Board of Health, Health Agent, or his designee, or any police officer as directed by the Police Chief or his designee, be enforced by the noncriminal complaint method for which provision is made, and/or as set forth in MGL c. 40, § 21D, as amended from time to time, that is, noncriminal disposition. Fines issued pursuant to § 109-12 shall be as follows:
