Town of Williamstown, MA
Berkshire County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Williamstown 12-20-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 29.
Solid waste — See Ch. 56.

§ 153-1 Purpose.

The purpose of this chapter is to provide rules for the permitting of refuse haulers and to govern the storage and disposal of waste and recyclable materials in the Town of Williamstown.

§ 153-2 Statutory authority.

This chapter is adopted under the authority of MGL c. 111,§§ 31, 31A and 31B, and any other power thereto enabling.

§ 153-3 Scope.

The Town of Williamstown requires all residents and businesses to implement a program of recycling in conjunction with ordinary waste disposal (Chapter 56 of the Code of the Town of Williamstown). In addition, the Board of Health requires that all persons obtaining a permit to haul refuse must institute a program of collection of refuse and recyclables.

§ 153-4 Definitions.

In this chapter, the following terms have the meanings indicated:
BOARD
The Williamstown Board of Health or its designated representative.
BOARD OF HEALTH
The Williamstown Board of Health.
COMMERCIAL PERMIT
Permit to haul refuse and recyclables issued by the Board of Health to those businesses engaged in collecting and transporting refuse and recyclables for residential, commercial, or industrial facilities.
PERSON
Every individual, partnership, corporation, including municipal corporation, firm, trust, association or agent(s) of any of them, including lessee, and licensee conducting an activity governed by this chapter.
RECYCLABLES
Material that has the potential to be recycled, is presorted and is not contaminated by significant amounts of toxic substances. Recyclables include those items listed as acceptable by the Massachusetts Department of Environmental Protection, the Town of Williamstown and/or the Northern Berkshire Solid Waste Management District.
[Amended 6-1-2009]
REFUSE
Solid waste.
RESIDENTIAL PERMIT
Transfer station permit issued by the Town of Williamstown to residents to allow disposal, at the Town of Williamstown Transfer Station, of refuse and recyclables generated at their residences.

§ 153-5 Permit required; recycling plan.

A. 
All persons collecting, removing and/or transporting solid waste and/or recyclables on a commercial basis must obtain an annual permit from the Williamstown Board of Health.
B. 
All commercial permit applicants must submit, along with the permit application, a recycling plan detailing the method of collection and disposal and/or distribution of solid waste and recyclables.
C. 
All residents of the Town of Williamstown who transport their own refuse and/or recyclables to the Town Transfer Station must first obtain a permit from the Treasurer/Collector's office.

§ 153-6 Collection.

A. 
All vehicles used for the collection and/or transport of refuse and/or recyclables shall be constructed and loaded in such a manner as to prevent their contents from spilling, dropping, shifting, leaking or otherwise escaping therefrom. Vehicles loaded with any material which may be blown about by the wind shall be suitably covered.
B. 
All persons must recycle all materials determined to be recyclable by the Board of Health.
C. 
A hauler holding a commercial refuse hauler's permit must provide recycling to all residential and commercial customers.
D. 
All residents and businesses shall have a sufficient number of durable, watertight containers to protect all refuse and recyclables from weather and animals. Containers shall not be put out until the day of collection.
E. 
All solid waste and recyclable materials must be delivered to an appropriate disposal facility (solid waste) or recycling facility (recyclable materials).
F. 
Collection of refuse and recyclables deposited in commercial dumpsters is prohibited prior to 7:00 a.m., Monday through Friday, or 8:00 a.m., Saturday and Sunday.
[Added 6-19-2000]
G. 
The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition, free from garbage, rubbish or other refuse. Tenants shall be responsible for the portions of the property exclusively under their use.
[Added 6-25-2001]

§ 153-7 Yard waste.

A. 
Yard waste shall not be mixed with any household waste or trash, nor any hazardous or toxic material.
B. 
Yard waste shall not be set out with regular trash for collection.
C. 
Yard waste may be composted on the property on which it was generated, or it may be transported to the Town of Williamstown Transfer Station composting area by those holding a residential permit, at a fee determined by the Board of Selectmen.
D. 
Leaves and yard waste brought to the transfer station must be emptied from the bags or containers used to transport the yard waste.

§ 153-8 Reports.

[Amended 2-7-2011]
Commercial permit holders must provide an annual collection/disposal report to the Williamstown Board of Health, on the form approved by the Board, to be received not later than January 15 of the year following the reporting period.

§ 153-9 Enforcement.

A. 
The Board shall have the authority to enforce these regulations and permits issued thereunder by:
(1) 
Inspection and investigation;
(2) 
The issuance of violation notices and administrative orders; and/or
(3) 
Civil and criminal court actions.
B. 
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations is subject to a fine as stated in Chapter 1, General Provisions, Article 11, Noncriminal Disposition, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
C. 
The Board of Health may, after written notice, suspend or revoke the commercial refuse hauler's permit for violations of this chapter.

§ 153-10 Waivers.

The Board of Health may, in its discretion, waive compliance with a particular requirement of these regulations when, in its opinion:
A. 
The enforcement of the regulation would do manifest injustice; and
B. 
The applicant has proved that the same degree of protection of the public health, safety and welfare can be achieved without strict application of the particular provision. Any alternative means of protection shall be detailed and documented by the applicant to the satisfaction of the Board of Health.

§ 153-11 Appeals.

[Amended 2-7-2011]
A. 
Any person or persons aggrieved by any order issued under this chapter may appeal by filing a written petition for hearing to the Board of Health, which must be received within 10 days after the day the order was served.
B. 
The hearing shall be commenced not later than 14 days after the receipt of a petition.
C. 
At the hearing the petitioner and other affected parties shall be given an opportunity to be heard, to present witnesses or documentary evidence, and to show why an order should be modified or withdrawn. Failure to hold a hearing within the time period specified herein shall not affect the validity of any order.
D. 
The Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner.
E. 
Any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this commonwealth.

§ 153-12 Severability.

If any portion or sentence, clause or phrase of this regulation shall be held invalid for any reason, the remainder of this regulation shall continue in full force and effect.

§ 153-13 Effective date.

The effective date for this chapter is January 1, 2000.