[HISTORY: Adopted by the Town Meeting of
the Town of Dalton. Amendments noted where applicable.]
No person, firm or corporation shall discharge,
deposit, inject, dump, spill, leak, incinerate or place any type of
waste, garbage, offal or other offensive substances which have been
collected outside the Town of Dalton in any disposal site located
within said Town.
Whoever, himself or by his agent or servant, or as the agent or servant of any other person, firm or corporation, violates this bylaw, shall be punished by a fine of not more than $300 for each offense or be subject to noncriminal disposition of the offense pursuant to Chapter 1 and shall also be ordered to remove the substance so deposited. Each day of violation shall constitute a separate offense.
[Amended 6-24-2019 STM by Art. 6]
In order to protect the environment, promote
recycling and be in compliance with Massachusetts Waste Ban Regulations
(310 CMR 19.017), the Town of Dalton, in support of its Board of Health,
pursuant to Chapter 111, §§ 31, 31A, 31B, 122 and 150A
of the Massachusetts General Laws, hereby adopts the following mandatory
recycling bylaw.
The following bylaw shall apply to all generators
of refuse and recyclables in the Town of Dalton, including all owners
as defined in 105 CMR 410.020, property managers acting on behalf
of owners, and tenants of all residential, commercial, and institutional
properties in the Town of Dalton.
Wastes normally generated by residential, commercial, and
institutional properties. This excludes recyclables, banned materials,
hazardous waste and all other items restricted from disposal in Massachusetts,
as defined by 310 CMR 19.017(3).
All materials designated as banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017: waste bans, including:
asphalt pavement, brick and concrete, cathode ray tubes, clean gypsum
wallboard, commercial food waste, ferrous and nonferrous metals, glass
and metal containers, lead acid batteries, leaves and yard waste,
recyclable paper, cardboard and paperboard, single resin narrow-necked
plastics, treated and untreated wood and wood waste (banned from landfills
only), white goods (large appliances), and whole tires (banned from
landfills only).
Any owners as defined in 105 CMR 410.020, property managers
acting on behalf of owners, and tenants of all residential, commercial,
and institutional properties who generate refuse and/or recyclables
in the Town of Dalton.
Any waste that is defined and regulated under 310 CMR 30.00:
Hazardous Waste.
Any material which does not specifically meet the definition
of "recyclables" as specified in this bylaw.
The vendor selected by the Town of Dalton to operate the
transfer station, or the approved facility to which recyclables will
be brought by the permitted hauler.
Any person or company which has applied for and obtained
the appropriate permit to collect and haul refuse or recyclables within
the corporate limits of the Town of Dalton.
Discarded nonhazardous solid waste materials considered marketable
by the commonwealth and the operator. Such items shall include bimetal
tin/steel cans, including aerosol cans; glass jars and bottles; aluminum
foil, cans and trays; plastic bottles, jars, trays and jugs; paper
and multi-material cartons for juice, milk, and milk substitutes;
paper products, including newspaper, magazines, junk mail, paperboard,
corrugated cardboard, boxboard, paperback books, and telephone books.
Mixed paper, cardboard, glass, metal, and plastic containers are priority
materials of this bylaw.
Solid waste material that is normally generated by residential,
commercial, and institutional properties. This excludes recyclables,
banned materials, yard waste, sewage, and hazardous waste.
Town-owned facility for recycling and refuse disposal located
at Bridle Road off of Park Avenue in Dalton.
A.
All generators
in the Town of Dalton shall separate recyclables from nonrecyclable
refuse in one of the following manners:
B.
Generators
shall abide by instructions (as distributed by permitted hauler, as
indicated by transfer station signage and personnel, or as indicated
by property owner or manager) as to what constitutes acceptable wastes,
banned materials, and recyclables.
C.
The Town
of Dalton will inform all generators at least once per year that recycling
is mandatory.
A.
Enforcement:
The individuals empowered to enforce the provisions of these bylaws
shall be the following: agent of the Board of Health, any member of
the Board of Health or any police officer of the Town of Dalton, or
their designee.
B.
Penalties: Whoever violates this bylaw shall, upon conviction thereof, be fined not more than $300 for each offense or be subject to by criminal complaint in a court of competent jurisdiction pursuant to MGL c. 111, §§ 31, 31B and 150A or noncriminal disposition of the offense pursuant to MGL c. 40, § 21D and the Town's Noncriminal Disposition Bylaw, Chapter 1.[1]
C.
Appeal:
Any party cited for a violation of these bylaws may appeal such citation
by filing a written notice of appeal with the Town of Dalton Board
of Health within seven days, exclusive of Saturdays and Sundays and
legal holidays, from the date of said citation. A hearing will be
held within 60 days from the date of the filing of the appeal. Written
notice of the hearing date will be delivered to the applicant at least
two weeks prior to the scheduled date. The hearing will be conducted
in accordance with the established procedures of the Board of Health.
The bylaw shall take effect on January 1, 2020.
