[HISTORY: Adopted by the Board of Health
of the Town of Groton 4-29-2003. Amendments noted where applicable.]
These regulations are intended to protect the
public health and general welfare by ensuring proper disposal of acceptable
waste and recyclable materials in a manner consistent with best management
practices. The Town Transfer Station is operated and maintained by
the Town of Groton for disposal of acceptable waste and recyclable
materials that are generated within the boundaries of the Town of
Groton. All refuse and other wastes originating outside the Town boundaries
are prohibited.
These regulations are adopted by the Town of
Groton Board of Health, as authorized by MGL C. 111, § 31,
§ 150A and all other enabling authority. These regulations
supersede all previous regulations adopted by the Board of Health
regarding Town refuse disposal.
As used in this chapter, the following terms
shall have the meanings indicated:
Waste which is defined, characterized or designated as hazardous
by the United States Environmental Protection Agency; or Massachusetts
State Agency by or pursuant to federal or state law. For purposes
of these regulations, the term "hazardous waste" also includes gasoline,
other automotive fluids, oil-based paint, and related solvents/thinners/pesticides,
and their storage containers. These items should be saved for paint
collection days or hazardous waste day.
Ineligible waste is defined as all hazardous and medical
waste (except waste motor oil and lead/acid automotive batteries).
Ineligible waste shall also include commercial garbage, construction
debris from contracted or commercial work, stones, rocks, automobile
parts, pesticides, and sewage wastes.
Material that has the potential to be recycled and which
is not commingled with solid waste or contaminated by significant
amounts of toxic substances as per 310 CMR 19.0006.
Solid waste consists of all rubbish, garbage or refuse normally
generated, but excluding explosives, and ordnance materials, sludge,
highly flammable substances, cesspool or other human waste, human
or animal remains, and hazardous refuse of any kind, such as cleaning
fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons,
drugs, radioactive materials, fine powdery earth used for filter cleaning
fluid and refuse of similar nature. Any recyclable materials, hazardous
waste and ineligible waste are specifically excluded from solid waste.
A.
Only Town residents or the Town of Groton may deposit
Solid Waste in the Town Transfer Station.
B.
No person, except a permitted private trash hauler
licensed by the Commonwealth of Massachusetts, shall deposit rubbish
at a place other than the area assigned as the Town Transfer Station.
C.
No person shall deposit in the Town Transfer Station
solid waste that is collected outside the boundaries of the Town.
D.
No person shall pick over or remove any item from
the Town Transfer Station.
E.
No person transporting solid waste, recyclables, or
other waste over the streets of the Town shall, either through carelessness
or neglect, allow rubbish to be spilled on the streets of the Town
or on private property. All loads should be properly covered.
F.
No person shall deposit material in the Town Transfer
Station except during the hours of operation.
A.
The hours of operation of the Town Transfer Station
shall be posted at the entrance of the Town Transfer Station and made
available at the Board of Health office.
B.
Use of the Town Transfer Station is limited to the
acceptable solid waste generated from "typical household use" only.
C.
All persons (vehicles) using the Town Transfer Station
must have a valid Transfer Station sticker.
(1)
Transfer Station stickers shall be displayed in a
convenient visible location on the vehicle transporting solid waste,
typically the front-lower-left (driver's side) portion of the windshield.
(2)
Transfer Station stickers will be available for purchase
at the Board of Health office during regular business hours. The Board
of Health may also authorize additional person(s), as needed, to sell
Transfer Station stickers.
(3)
A valid vehicle registration must be presented at
the time transfer station stickers are purchased. In cases where a
Town resident use a vehicle owned by a third party, documentation
verifying Town residency shall be presented in addition to a valid
vehicle registration.
(4)
The Select Board shall consult with, and consider
any recommendations of, the Board of Health prior to setting any Transfer
Station sticker rate.
[Amended 10-1-2018 ATM
by Art. 14]
(5)
Transfer Station stickers shall be made available
for senior citizens of the age of 60 or over at a discounted rate.
(6)
Transfer Station stickers are valid for one year,
the first day of July until the last day of June of the succeeding
year.
(7)
Transfer Station stickers are nontransferable and
nonrefundable.
(8)
There shall be a limit of two stickers per household.
A.
The Town Transfer Station employees shall take all
necessary steps to ensure an effective level of facility operation
and service.
B.
The Supervisor or his/her designee may, at his/her
discretion, close the Town Transfer Station when there is an equipment
problem, or any other problem that makes transfer of refuse not feasible,
or that may result in a health/safety hazard.
C.
All vehicles must stop at the gatehouse prior to unloading
materials.
D.
All materials accepted at the Town Transfer Station
shall be placed in only those areas designated by the Supervisor or
his/her designee.
E.
In order to determine the acceptability and origin
of the same, all materials being disposed of at the Town Transfer
Station are subject to inspection by the Town Transfer Station employees.
F.
All owners, operators, or persons in charge of a vehicle
shall, upon request, submit evidence or answer questions concerning
the origin or nature of the materials being disposed of.
G.
Any unacceptable material found in any load intended
for the Town Transfer Station shall result in rejection of the entire
load.
A.
All items to be deposited into the refuse trailer
shall be contained within approved "Pay-As-You-Throw" bags.
B.
"Pay-As-You-Throw" bags will be available for purchase
at the Board of Health office, the gatehouse of the Town Transfer
Station, and additional local retail store locations.
C.
To the extent provided by law, "Pay-As-You-Throw"
bags are not subject to the Commonwealth of Massachusetts' sales tax.
D.
The Select Board shall consult with, and consider
any recommendations of, the Board of Health prior to setting any "Pay-As-You-Throw"
bag rate.
[Amended 10-1-2018 ATM
by Art. 14]
E.
"Pay-As-You-Throw" bags are not reusable.
A.
Any Town resident not having a valid Transfer Station
sticker may, upon proof of most recent private rubbish removal service
billing statement, be admitted to the recycling area of the Town Transfer
Station for the sole purpose of depositing acceptable items for recycling.
B.
For acceptable recyclable materials, see Attachment
A.[1] Attachment A may be revised at any time to reflect current
recycling tendencies.
[1]
Editor's Note: Attachment A is included at the end of this chapter.
C.
All users are responsible for separating their own
recyclable materials.
A.
The Board of Health, or its designee, shall enforce
these regulations and may take such action as the Board of Health
or such designee deems necessary for the protection of the public
health and such enforcement.
B.
If any investigation reveals a violation of these
regulations, the Board of Health, or its designee, shall order the
person(s) in violation to cure such violation and to comply with the
violated provisions.
C.
These orders shall be in writing and may be delivered
in hand or by mail to the last-known address of the person in violation.
D.
Violation of any portion of these regulations may
result in loss of privileges for use of the Transfer Station.
E.
The Board of Health or its authorized representative
may suspend or revoke permits or privileges issued hereunder for cause.
The suspension or revocation of privileges shall not entitle the sticker
holder to a refund of any portion of the fee collected for the issuance
of such sticker.
A.
Any person(s) to whom any order has been served may
request a hearing before the Board of Health by filing with the Board
of Health, within seven days after the day the order was served, a
written petition requesting a hearing on the matter. Upon receipt
of such petition, the Board of Health shall set a time and place for
such hearing and shall inform the person in writing. The hearing shall
be commenced not later than 30 days after the day on which the order
was served. The Board of Health, upon application of the person requesting
a hearing, may postpone the date of the hearing for a reasonable time
beyond such thirty-day period if, in the judgment of the Board of
Health, the person has submitted a good and sufficient reason for
such postponement. At the hearing, the petitioner shall be given an
opportunity to be heard and show why the order should be modified
or withdrawn. After the hearing, the Board of Health shall sustain,
modify, or withdraw the order and shall inform the person in writing
of its decision. If the Board of Health sustains or modifies the original
order, it shall be carried out within the time period allotted in
the original order or in the modification.
B.
Every notice, order, or other record prepared by the
Board of Health in connection with the hearing shall be entered as
a matter of public record in the office of the Town Clerk or in the
office of the Board of Health.
Any person aggrieved by the final decision of
the Board of Health may seek relief therefrom within 30 days in any
court of competent jurisdiction, as provided by the laws of this commonwealth.
Any person who violates any provision of these
regulations, or who fails to comply with any order issued hereunder
by the Board of Health for which a penalty is not otherwise provided
in any of the General Laws shall be subject to a penalty of up to
$300. Each day that a violation exists and each day's failure to comply
with an order shall constitute a separate offense.
