Town of Yarmouth, MA Chapter 140 Waste Collection

(HISTORY: Adopted by the Special Town Meeting of the Town of Yarmouth 9-11-1991 by Art. 2, approved 11-26-1991. Amendments noted where applicable.]

§ 140-1 Collection permits; manifests.

A. No person shall, for compensation, collect or transport garbage or refuse generated within the Town of Yarmouth, whether from residential, commercial or industrial sources, without a waste collection permit from the Yarmouth Board of Health. Such permit shall specify that the waste collected must be disposed of at the Town of Yarmouth Solid Waste Transfer Station.

B. At the Town of Yarmouth Solid Waste Transfer Station, each delivery vehicle shall submit a signed manifest, on a form approved by the Department of Public Works, identifying the point(s) of collection or collection routes (on file with the Yarmouth Department of Public Works), the date on which the waste was collected, the driver of the vehicle and the waste collection permittee. No loads of waste shall be accepted at the Yarmouth Solid Waste Transfer Station without a properly completed manifest.

§ 140-2 Special permits for recycling.

Notwithstanding the provisions of § 140-1 above, the Board of Health may grant special permits for the collection of recyclable materials generated within the Town of Yarmouth if it finds that there is a valid agreement between a generator of commercial or industrial recyclable waste and a waste disposal or recycling firm expressly providing for the recycling of the material so collected. Material collected under such special recycling permits may be transported to and disposed of at locations other than the Yarmouth Solid Waste Transfer Station. The same manifesting requirements shall apply to recycling permittees as to waste collection permittees, except that manifests for recycled materials delivered to a disposal site other than the Yarmouth Solid Waste Transfer Station shall, in addition, identify the delivery site and the date of delivery. Such manifests shall be submitted to the Yarmouth Department of Public Works by the permittee within 15 days of delivery.

§ 140-3 Violations and penalties.

A. Permit holders must comply with all other applicable laws, ordinances and regulations, including, in the case of deliveries to the Yarmouth Solid Waste Transfer Station, the regulations of the Yarmouth Board of Health and the Yarmouth Solid Waste Transfer Station Board of Managers and Department of Public Works.

B. A violation of this bylaw is punishable by loss of permit and/or a fine of not more than $300 per violation.

§ 140-4 Mandatory municipal recycling.

[Added 4-10-2003 by Art. 40, approved 7-23-2003]

A. The Town of Yarmouth, Massachusetts, shall require recycling effective January 1, 2004, for all single-family, two-family, and multifamily residential dwellings in the Town. Beginning January 1, 2004, commercial waste haulers shall begin providing recycling opportunity to all occupants of residential dwellings using their services and shall have such services fully in place by July 1, 2004. Waste haulers shall offer their customers a comprehensive, integrated program of collection that includes recycling and shall charge a flat fee for the collection and disposal of both trash and recyclables. Waste haulers may not dispose of recyclable material set out by recycling customers by any means other than at a recycling facility. Waste haulers shall be required to perform, as part of their usual waste service, a program for the recovery of banned wastes (recyclable products) pursuant to 310 CMR 19.017(3a) and report said tonnages of banned wastes to the Board of Health, on an annual basis, as a requirement of their permit renewal. The Town of Yarmouth will provide facilities for disposing of these materials.

B. Waste haulers may establish such reasonable and industry-accepted requirements for the preparation of materials for recycling as are necessary to provide for the orderly collection of recyclable materials, including requirements regarding the preparation of materials for collection, the collection of recyclable materials, and requirements for source separation.

C. Upon the initial provision of solid waste collection services to new customers, and on or before July 1, 2004, with respect to existing customers, waste haulers shall notify customers, in writing, of the availability of the collection of recyclable materials, the materials designated for recycling collection, and such rules and regulations as have been established by the collector for the orderly collection of recyclable materials.

D. All requirements shall be consistent with Town and state requirements, including additional charges for disposal of television sets, computer monitors, mercury, and other items as set forth in the regulations.

E. Residents may also satisfy recycling requirements by utilizing the dropoff facilities at Yarmouth's Solid Waste Recycling Center.