[HISTORY: Adopted by the Board of Health
of the Town of Dalton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-12-1993]
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.
[Adopted 6-17-2002]
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.
Wastes normally generated by one- to four-family households
in the Town of Dalton. Household garbage excludes recyclables and
hazardous waste.
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.
Any commercial hauler transporting Town of Dalton waste.
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.
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.
Any vehicle designed for and commonly used for the collection
and delivery of acceptable wastes.
Single family and multifamily (one- to four-family).
Any person or business who is duly licensed by the Dalton
Board of Health to collect or haul recycling within the Town of Dalton.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
Recyclable materials must be separated from nonrecyclable
materials.
C.
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.
D.
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.
A.
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.
B.
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.
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.
