[HISTORY: Adopted by the Board of Health of the Town of Dalton as indicated in article histories. Amendments noted where applicable.]
In order to limit noise and odor and provide peace of mind within the residential zoning districts of the Town of Dalton, the Board of Health, pursuant to MGL c. 111, § 31B, hereby adopts the following regulation.
Effective August 1, 1993, no removal, transportation or disposal of garbage, refuse, recyclable materials, offal or other offensive substances, or empty refuse vehicles, shall be permitted in any residential district between the hours of 7:00 p.m. and 7:00 a.m., Monday through Sunday.
Violation of this regulation will result in a fine of $1,000. Each offense will be deemed a separate violation. If any portion, sentence or clause is subsequently held to be invalid, the remainder of the regulation shall be in full force and effect.
These regulations provide for the systematic collection of refuse and recyclables in order to promote recycling, to comply with state-mandated waste bans.
The following regulations shall apply to owners and tenants of all residential (one- to four-family) properties in the Town of Dalton and also to duly licensed waste haulers servicing residential customers in the Town of Dalton.
For the purposes of these regulations, the following shall apply.
- ACCEPTABLE WASTES
- Wastes normally generated by one- to four-family households in the Town of Dalton. Household garbage excludes recyclables and hazardous waste.
- COMMINGLED COLLECTION
- Recyclable materials including wax-coated food cartons such as milk boxes, plastics, all glass bottles less than two gallons, tin cans. Note: Materials included in this definition may change as new technologies develop for recycling additional products.
- Recovering discarded organic materials such as yard wastes for processing by controlled decomposition into a soil amendment, fertilizer or mulch.
- DESIGNATED HAULER
- Any commercial hauler transporting Town of Dalton waste.
- EXCLUDED MATERIALS
- Items, substances or materials that permitted haulers are not required to collect including explosives, ordnance material, sludge, cesspool wastes, animal or human remains, flammable substances or hazardous materials of any kind.
- HAZARDOUS WASTES
- As defined from time to time pursuant to MGL Chapter 21c and the regulations promulgated thereunder including household hazardous waste.
- Any waste material which is thrown or discarded in a manner which could create danger to public health, quality of life, safety or welfare.
- Any material, which does not specifically meet the definition of "recyclables" as specified in this regulation.
- The vendor selected by the Town of Dalton to operate the transfer station.
- Any person or company which has applied for and obtained the appropriate permit to collect and haul refuse or recycling within the corporate limits of the Town of Dalton.
- Discarded nonhazardous solid waste materials, which may be reclaimed and are considered marketable by the commonwealth and the operator. Such items, as defined by the DEP, shall include tin/steel cans, glass jars and bottles, aluminum foil, cans and trays, plastic jars, bottles, trays and jugs, milk and juice cartons, bleached paperboard, newspaper, magazines, white and colored paper, corrugated cardboard, boxboard, paperback and telephone books.
- Any putrescible or nonputrescible solid waste material consisting of all combustible and noncombustible solid waste, including garbage and rubbish, but not including hazardous wastes, sewage or liquid.
- REFUSE COLLECTION VEHICLE
- Any vehicle designed for and commonly used for the collection and delivery of acceptable wastes.
- Single family and multifamily (one- to four-family).
- WASTE HAULER/HAULER
- Any person or business who is duly licensed by the Dalton Board of Health to collect or haul recycling within the Town of Dalton.
- YARD WASTE
- Vegetation that includes grass clippings, leaves, twigs, branches, brush (including Christmas trees), wreaths, waste shrubs and plants, weeds, hedge clippings and prunings and all organic material that can be composted, but not including railroad ties, pressure-treated materials, landscaping structures or other material which has been treated with chemical preservatives.
Every waste hauler collecting refuse or recycling in the Town of Dalton shall obtain a permit from the Dalton Board of Health. Hauling permits shall be valid for one calendar year, renewable annually on the first day of January subject to review and approval by the Board of Health. No permit shall be transferable except with the approval of the Board of Health. Any application, which fails to include all information, requested in the Board of Health regulations shall be deemed incomplete and shall be denied.
As part of the application each applicant shall submit information detailing how the hauler will comply with the terms of these regulations. Such information shall include, at minimum, the number of customers and frequency (weekly, biweekly) of collections and the names and locations of the approved facilities to which all refuse and recyclables will be brought.
Each permittee serving residential customers shall provide recycling services as part of the permittee's provision of ongoing integrated waste management services that include the collection of both refuse and recyclable materials in compliance with the State of Massachusetts Solid Waste Plan and DEP recycling regulations 310 CMR 19.017(3). For the purposes of this regulation incineration of waste is not considered recycling.
Upon application for permit, the hauler shall indicate the means for ensuring that customers exclude all items banned from disposal at solid waste facilities as described in 310 CMR 19.017(3), and how nonrecyclables will be excluded from loads of recyclables. The hauler must also indicate how customers will be notified of improper recycling or trash disposal methods.
Each permittee shall submit quarterly reports to the Board of Health listing the tonnages of refuse and recyclables that have been collected. Copies of weight slips supporting this data must be provided along with the names and locations of the approved facilities to which said materials are brought. Reports shall summarize the totals collected during the quarters ending March 31, June 30, September 30 and December 31. Failure to provide these reports in a timely fashion may be cause for revocation or suspension of hauler's permit, upon notice by the Board of Health and opportunity for a hearing.
The applicant for a refuse collection and disposal permit shall include payment of the permit fee as set forth by the Select Board and proof of property/liability insurance with companies licensed to provide insurance in Massachusetts; as required by the Board of Health, with the application submittal.
The permittee shall be responsible for the collection, transport and delivery of recyclables to a recycling facility and of refuse to a licensed waste facility.
Recyclable materials must be separated from nonrecyclable materials.
The permittee may refuse to collect any residential waste if there is any indication that the material is not acceptable waste as defined in § 604-6 of this regulation. The permittee shall notify such customers of the reason(s) for refusal and shall notify the Board of Health of any customer who continues with repeat offenses. Upon notification, the Board of Health may investigate and issue citations under the provisions of 105 CMR 410.600, 410.602, this regulation, or any other applicable state or local law, ordinance or statute.
The permittee shall take reasonable care in the collections of refuse and recycling. Materials shall not be scattered about the streets or onto private property. Spilled materials shall immediately be picked up by the permittee and removed in the appropriate manner.
The individuals empowered to enforce the provisions of these regulations 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.
Enforcement agent(s) may inspect collection vehicles and loads at reasonable times in order to ensure that they comply with all applicable state laws or local regulations. Any violation of this regulation shall be grounds for suspension, modification or revocation of the permit by the Board of Health upon receipt of evidence satisfactory to the Board that the permittee has not conformed with the requirements of these regulations.
Enforcement of this regulation shall be by either criminal complaint in a court of competent jurisdiction pursuant to MGL c. 111, §§ 31, 31B and 150A or by noncriminal disposition pursuant to MGL c. 40, § 21D, and the Town's Noncriminal Disposition Bylaw pursuant to Chapter 1.
Any party cited for a violation of these regulations 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.