[HISTORY: Adopted by the Board of Health
of the Town of Williamstown 12-20-1999. Amendments noted where applicable.]
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.
This chapter is adopted under the authority
of MGL c. 111,§§ 31, 31A and 31B, and any other power
thereto enabling.
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.
In this chapter, the following terms have the
meanings indicated:
The Williamstown Board of Health or its designated representative.
The Williamstown Board of Health.
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.
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.
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]
Solid waste.
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.
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.
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]
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.
[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.
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 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
[Amended 10-7-2019]
C.
The Board of Health may, after written notice, suspend
or revoke the commercial refuse hauler's permit for violations of
this chapter.
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.
[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.
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.
The effective date for this chapter is January
1, 2000.
