[HISTORY: Adopted by the Board of Health of the Town of Eastham 3-5-2020. Amendments noted where applicable.]
These regulations provide for the safe and effective operation of the Town of Eastham, Solid Waste Transfer Station to protect human health, and to promote recycling.
The following chapter is adopted pursuant to MGL c. 111, § 150A. This regulation supplements 310 CMR 19.000, which for enforcement purposes, is adopted by the Town of Eastham, and shall be located in Appendix 2.[1] This regulation shall address:
A. 
Management of solid waste and recyclable materials; and
B. 
Transfer Station operational standards.
[1]
Editor's Note: Said appendix is on file in the City offices.
The definitions set forth in 310 CMR 19.006 are included as Appendix 2 of these regulations.[1]
[1]
Editor's Note: Said appendix is on file in the City offices.
A. 
Eligible for the use of Transfer Station facilities are: Eastham residents, nonresident taxpayers, businesses operating in the Town, and other persons visiting the Town.
(1) 
Such eligibility shall be evidenced by the purchase of a nontransferable sticker, displayed on all vehicles used for transporting waste to the Transfer Station. Both residents and visitors may also show eligibility by the purchase of single-entry coupons.
(2) 
Eligibility to purchase stickers shall be based on presentation of a valid registration for the vehicle to be used, and other verification of permanent or temporary residence, such as an address on a tax bill, a lease or seasonal rental agreement.
B. 
Organizations may conduct cleanup campaigns in Town parks, beaches, roadsides, or other public areas with pre-arrangement of the disposal from such campaigns with the Superintendent of Public Works (DPW).
C. 
The Cape Cod National Seashore is eligible after execution of a contract with the Town of Eastham delineating specific terms and conditions for use of the Transfer Station.
D. 
An annual operating license from the Board of Health is required for vehicles used for the commercial collection of waste in the Town of Eastham.
E. 
A Swap Shop where residents take and leave useful items may be operated by the Recycling Committee under the supervision of the DPW. The removal of items for the express purpose of resale is prohibited.
A. 
Facilities at the Eastham Transfer Station are operated for the collection and disposal of household and commercial waste generated only within the Town of Eastham unless otherwise directed and authorized by the Board of Health. Access shall be through the paved entry/exit road, during hours of operation only.
B. 
Waste materials are subject to restrictions that require separation of certain materials from the mass of co-mingled trash.
C. 
The following materials shall not be disposed of in the transfer station compactors. After separation, these materials (most of which are recyclable) shall be placed in the receptacles or areas designated to receive them.
(1) 
Ashes from wood and coal stoves.
(2) 
Batteries: wet cell, automotive, and rechargeable.
(3) 
Bottles and other glass containers (recyclable).
(4) 
Building and construction: demolition debris.
(5) 
Cans and small metal containers: tin, aluminum or bi-metal (recyclable).
(6) 
Mattresses, fully upholstered furniture, cushions and pillows.
(7) 
Metals: both scrap metal and white goods (recyclable).
(8) 
Newspapers (recyclable).
(9) 
Oil and antifreeze: automotive, marine or small engine.
(10) 
Plastics: HDPE, milk, water jugs, plastic containers and heavy plastic products.
(11) 
Tires: either on or off the rim.
(12) 
Yard waste: leaves, grass clippings, brush, etc.
(13) 
Fluorescent bulbs, thermostats, and other items containing mercury.
(14) 
Items with refrigerants such as AC units, dehumidifiers, etc.
(15) 
Mixed paper.
(16) 
Cardboard.
(17) 
Containers with coin deposit value.
(18) 
TV sets.
(19) 
Computer-related devices.
More specific instructions shall be made available to the public by the Board of Health through periodic distribution of information materials.
D. 
Single-stream recycling (SSR) is authorized for haulers licensed by the Board of Health and SSR material generated outside Eastham may be accepted at the Transfer Station. SSR is a method of collecting recyclable materials in which all items (paper, plastic, and metal/glass containers) are mixed together, rather than being separated by residents. Private refuse haulers that collect recyclable materials typically use this method of recycling. Once collected, SSR materials are transported to a material recovery facility (MRF) where they are sorted into categories and sold as a commodity.
E. 
The following materials are strictly prohibited from the Eastham Transfer Station Site:
(1) 
Explosive materials, corrosive materials, pathological waste, biological waste, offal, entrails, etc. of butchered animals, radioactive materials, ashes, foundry sand, mining waste.
(2) 
Sewage sludge, cesspool and other human waste, human and animal remains, motor vehicles.
(3) 
Brush and tree stumps, liquid waste, including liquid chemical waste, sewage and other highly diluted water-carried materials or substances and those in gaseous form, or special nuclear by-product materials within the meaning of the Atomic Energy Act of 1954 was amended, or any other material which:
(a) 
May present a substantial endangerment to public safety or is banned by the Massachusetts Department of Environmental Protection.
(b) 
Would cause applicable water quality or water effluent standards to be violated by the normal operation of the project; or
(c) 
Because of its size, durability or composition can not be processed at the project, may materially impair its structures or equipment or has a reasonable possibility of otherwise adversely affecting the operation of the plant.
(4) 
Special waste shall not be accepted at the Transfer Station at any time. Such wastes include asbestos waste, infectious waste, sewages and water treatment sludges, and any solid waste not hazardous pursuant to 310 CMR 30.00 and that exists in such quantity or in a chemical or physical state so that particular management controls are required to prevent an adverse impact from the collection, transmission, transfer, storage, processing treatment or disposal of the solid waste.
(5) 
Acceptable wastes, after any required separation and preparation, shall be placed in the compactor bins, or deposited in the areas or receptacles designated for each class of material, as instructed by appropriate signage and/or verbal instruction from Transfer Station employees.
(6) 
Transfer Station employees shall periodically inspect loads of waste materials brought for disposal to ensure compliance with this chapter. Patrons entering the disposal area shall, upon request of a Transfer Station attendant, provide proof or answer questions concerning the origin or nature of their waste materials.
(7) 
Transfer Station employees shall keep daily and periodic records of the type of waste received, and of the weights of waste and restricted materials shipped from the Transfer Station. These records will be kept in a manner and form appropriate to the financial and operational management of the Transfer Station, and for use in complying with the commonwealth's stated waste-reduction goals.
F. 
Solid waste disposal fees. To offset the costs of special handling, processing and transportation at the Transfer Station, fees are charged for the disposal of certain solid-waste items and materials. Fee Schedules are reviewed every year by the Board of Selectmen and the Town Administrator, and after public notice and hearing, are available at the Town Hall and the Transfer Station (The fee schedule will be discussed at the Public Hearing).
Violations of the above regulations shall result in warning by written notice. Subsequent violations shall result in the issuance of fines, under MGL c. 40, § 21.
If any provision of this regulation is declared invalid by a court of competent jurisdiction, such invalidity shall not affect any remaining provisions of this regulation. Any part of these regulations subsequently invalidated by a new state law or modification of an existing state law shall automatically be brought into conformity with the new or amended law and shall be deemed to be effective immediately.