[HISTORY: Adopted by the City Council of the City of Lowell 9-9-2008 (Ch. 9 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 171.
Junk and secondhand dealers — See Ch. 185.
Property maintenance — See Ch. 227.
It is the intent of the City Council that this chapter be liberally construed for the purpose of providing a sanitary and satisfactory method for the collecting, storing, disposing and recycling of waste for residences participating in the City waste collection and recycling program in a clean, orderly and sanitary condition for the benefit of the health and welfare of the citizens and visitors to Lowell.
The following words, terms and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
BARREL
A City-approved barrel used for storage of waste in the manner and means prescribed by the Commissioner.
BULKY ITEM
Any large-sized item weighing less than 100 pounds that cannot be placed in a City bag, cart or barrel but is otherwise acceptable as waste and includes but is not limited to furniture, rugs, beds, mattresses, shelves and similar items.
CART
A City-issued cart, owned by the City, provided to households, and used for storage of waste in the manner and means prescribed by the Commissioner.
CITY BAG
A prepaid trash bag authorized by the City and used for the collection and disposal of excess waste.
COMMISSIONER
The Commissioner of the Department of Public Works or his/her duly authorized representative.
CRT
Cathode ray tubes that are intact, broken or other state used to provide visual displays along with any attachments, which include but are not limited to televisions, computer monitors and scientific instruments.
CURBSIDE COLLECTION
The portion of the City's waste collection and recycling program where the City collects waste and recyclables from a household's address.
CURBSIDE RECYCLABLES
Discarded nonhazardous food containers and nonsoiled paper products capable of being reclaimed and considered to be marketable and shall mean the following items placed untied in a recycling bin or barrel: glass bottles/jars, clean plastic containers labeled No. 1 through No. 5 and nonfoam No. 6 and No. 7 (labels and caps), aluminum/tin/steel cans and lids, milk cartons and juice boxes, newspapers and inserts, magazines, catalogs, telephone books, mail, office paper, paperboard (such as cereal or cracker boxes), flattened corrugated cardboard smaller than three feet by three feet, and brown paper bags.
DESIGNATED HAULER
A business that collects waste generated in the City of Lowell, licensed by the Board of Health and in accordance with all applicable provisions of federal, state and local laws, the Sanitary Code and rules and regulations established by the Commissioner.
DUMPSTER
Refuse dumpsters as defined in § 171-13 of this Code and construction dumpsters as defined in § 115-2 of this Code.
DWELLING UNIT
Any room or suite of rooms forming a habitable unit for one family unit with its own cooking and food storage equipment and its own bathing and toilet facilities and its own living, sleeping and eating areas wholly within such room or suite of rooms. See "dwelling unit" as defined in the City's Zoning Book.
HOUSEHOLD
A building consisting solely of dwelling units and containing no more than one to four said units and no more than six, provided that said household is owner-occupied or dwelling units in a mixed use building that contains no more than one to four said units.
[Amended 11-25-2008; 3-24-2009]
RECYCLING BIN
A City-issued container or a City-approved alternative container used for recycling household curbside recyclables. A City recycling bin is owned by the City and provided to households. City-approved alternative containers are prescribed in a manner and means as authorized by the Commissioner.
RELIGIOUS RESIDENTIAL PROPERTY
The residential address of a duly organized corporation registered with the commonwealth's Secretary of State as a religious entity.
WASTE
Any trash, bottles, cans, refuse, rubbish, garbage, debris, bulky items, scrap, waste or other material of any kind.
[Added 11-22-2011]
WHITE GOODS
Any appliance employing electricity, oil, natural gas, liquefied petroleum gas or any other fuel source. Examples include but are not limited to ovens, stoves, dish washers, washing machines, dryers, refrigerators, freezers, hot-water heaters and air conditioners.
YARD WASTE
Any grass clippings, leaves, twigs, branches/limbs, and all other garden refuse. Any brush and tree branches/limbs must be less than three inches in diameter, three feet or less in length. Any such brush or branch/limb must be tied (nonmetallic twine) in bundles less than 35 pounds. Trees (including Christmas trees), branches/limbs (greater than three inches in diameter) and stumps are not yard waste.
[Amended 12-23-2008]
Only a household or a religious residential property is eligible for curbside collection. Whoever violates this section shall be subject to the following fines: $25 for the first violation and $100 for all subsequent violations.
A. 
Waste disposal fee. Each dwelling unit receiving said service shall be charged as provided in Chapter 150, Fees, per year billed in quarterly increments. A religious residential property is assessed as one dwelling unit.
[Amended 12-23-2008]
B. 
Abatement of waste disposal fee.
(1) 
The owner of an owner-occupied building with six or fewer dwelling units may apply for an abatement for each vacant unit by presenting the following documents to the Commissioner within 45 days of the issuance of a quarterly bill: a notarized statement from the owner-occupant stating the dwelling unit(s) will be vacant during the billing period. Such statement will be submitted under the pains and penalties of perjury. The City reserves the right to inspect the property upon reasonable notice (12 to 24 hours) to the owner or occupant.
(2) 
Any owner over the age of 65 on December 31 of the previous year may apply with the Commissioner for an abatement of the waste disposal fee for the individual's owner-occupied dwelling unit. If the abatement is granted, the owner-occupant shall be charged as provided in Chapter 150, Fees, per year, billed in quarterly increments. Abatement applications must be filed annually between January 1 and March 1 of the current year. An owner-occupant who obtains this abatement will be issued a smaller cart for waste disposal.
[Amended 12-23-2008]
C. 
Opt out of waste disposal fee. An owner who utilizes a private designated hauler may opt out of the waste disposal fee by presenting a copy of the contract to the Commissioner within 45 days of the issuance of a quarterly bill. Abatement applications must be filed annually between January 1 and March 1 of the current year.
D. 
Miscellaneous fees. A fee schedule for the pricing of City bags and the removal of certain items as determined by the Commissioner, including but not limited to white goods, CRTs and bulky items, through the City waste collection and recycling program shall be reviewed from time to time by the Commissioner with the approval of the City Manager who will recommend changes to the City Council for consideration.
E. 
Fee adjustment. In the event that overpayment is made for a waste disposal fee, the affected property owner(s) must file a claim with the City for a rebate either in the fiscal year for which the excess fee was levied or within six months of the initial overpayment.
[Added 7-26-2022]
A. 
Curbside recycling. All curbside recyclables must be placed in a household recycling bin(s). No other waste shall be placed in said bin(s) or barrel(s). Flattened corrugated cardboard must be smaller than three feet by three feet and less than one foot thick and shall be placed on top of or next to the recycling bin. Violations of this subsection are subject to a fine of $25.
B. 
Yard waste. Yard waste shall be disposed of by bundle, a City-labeled barrel or biodegradable paper leaf bag. Yard waste is removed in a manner and means as prescribed by the Commissioner. Violation of this subsection is subject to a fine of $25.
C. 
White goods, CRTs and bulky items. A household shall make a collection appointment and pay all applicable fees before the City waste collection and recycling program will collect any white good, CRT and/or bulky item. Refrigerator and freezer doors shall be removed prior to any such collection. All such items shall not be placed for curbside collection before 7:00 p.m. of the evening before the day of collection. Each household shall be limited to two such items per week. In the alternative, a household shall contract with a designated hauler to remove such materials. A violation of this subsection is subject to a fine of $100 for the first offense and $200 for the second offense.
[Amended 11-22-2011]
D. 
Christmas trees. Christmas trees shall not be placed for curbside collection. Christmas trees shall be disposed of in a manner and means as authorized by the Commissioner. Violation of this subsection is subject to a fine of $25.
E. 
Dropoff locations. The City may designate dropoff locations for the deposit and collection of specified types of waste in a manner and means prescribed by the Commissioner.
[Amended 12-23-2008]
A. 
There is hereby established a program for the mandatory separation of certain compostable leaf material from garbage or rubbish by the residents of the City of Lowell and the collection of these compostable leaf materials at the residents' curbside. The collection of separated compostable leaf material shall be made periodically under the supervision of the Commissioner.
B. 
For the purposes of this section the following definitions apply:
LEAF COLLECTION SEASON
Will be determined by the Commissioner.
LEAVES
Deciduous and coniferous seasonal deposition.
PAPER LEAF BAG
A sanitary draft sack or equal of 30 gallons' capacity, 50 pounds' wet strength, decomposing glue and reinforced self-supporting square bottom closure, or a thirty-gallon open barrel.
C. 
Separation of compostable leaf material and placement for removal.
(1) 
During the leaf collection season residents shall place their leaf material into paper leaf bags or an open thirty-gallon barrel. These paper bags or the thirty-gallon barrel shall be placed on the curbside or tree belt on the special leaf collection days as specified by the Department of Public Works and advertised in the Lowell daily newspaper.
(2) 
No material other than leaves shall be placed in these paper bags or open thirty-gallon barrel.
(3) 
Compostable leaf material shall not be placed in plastic trash bags during the leaf collection season. Leaves shall not be placed in the same refuse container as, or otherwise mixed with, other forms of solid waste for collection, removal or disposal during the leaf collection season.
(4) 
Any violation of this Subsection C or any part thereof shall be punishable by a fine not to exceed $50.
(5) 
When the owner has failed to comply with the requirements of this Subsection C, the Commissioner, at his discretion, may refuse to collect the leaf material and all garbage, paper, ashes or rubbish of the owner until the next regular pickup of all garbage, paper, ashes and rubbish.
D. 
Ownership of compostable leaf materials. Upon placement of compostable leaf material for collection by the City at the curbside or tree belt in accordance with the special collection day pursuant to this section, such materials shall become the property of the City. It shall be a violation of this section for any person, other than authorized agents of the City acting in the course of their employment, to collect or pick up or cause to be collected or picked up any compostable leaf material so placed. Each and every such collection or pickup in violation hereof from one or more locations shall constitute a separate and distinct offense. The compostable leaf material collected by the City shall be transported to and composted at a designated leaf composting site. Any violation of this Subsection D or any part thereof shall be punishable by a fine not to exceed $100.
A. 
Whoever places, throws, deposits or discharges or whoever causes to be placed, thrown, deposited or discharged any waste in a public way or upon any public property shall be punished by a fine of $200 for each offense.
[Amended 11-22-2011]
B. 
Waste in a City of Lowell container. Whoever without authority disposes of waste by placing it in a dumpster or other container owned, controlled or operated by the City of Lowell shall be punished by a fine of $200.
C. 
Importation of waste. Whoever brings, disposes, stores, or places any waste from any location not eligible for curbside collection to a household shall be punished by a fine of $200. Each piece of waste shall constitute a separate offense.
D. 
Banned waste. Unless otherwise specified under this chapter, whoever places for curbside collection any waste barred by state or federal law, rule or regulation, including but not limited to hazardous waste, hazardous materials, sewage, ash, sludge, coal, cans containing paint or aerosol, light bulbs, mirrors, window glass, motorized equipment, motorized vehicles and parts, tires and rims, motor vehicle products, oils, machinery, stumps, all branches/limbs not defined as yard waste, electronics, asphalt, pavement, brick, concrete, metal, and wood, chemicals, explosives and storage tanks, shall be punished by a fine of $200. Each piece of waste shall constitute a separate offense.
[Amended 12-23-2008]
E. 
Reward for reporting illegal dumping. The City may offer a reward up to $50 for reporting a violation of MGL c. 270, § 16, which results in either a criminal prosecution or MGL c. 21D noncriminal disposition.
A. 
Receptacles containing waste; number of receptacles. Unless otherwise specified under this chapter, all waste prior to placement for curbside collection shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material and not visible from a public way.
B. 
Time, place and location for curbside collection. With the exception of bulky items, CRTs and white goods, curbside collection shall not be put out earlier than 4:00 p.m. the day before collection and placed on the edge of the sidewalk that does not obstruct or interfere with pedestrians, if applicable, otherwise placed on the edge of the public way in front of the household's property. No curbside collection waste shall be placed in front of another's property.
C. 
Uncollected waste. Unless otherwise specified, only waste placed in a recycling bin, cart, barrel or City bag will be collected. A City bag must be removed from its storage receptacle in order to be eligible for curbside collection. Whoever allows uncollected waste or an empty recycling bin, cart, barrel, City bag or City-approved receptacle to remain on the curb the day after collection shall be subject to a fine of $25 for the first violation. All subsequent violations shall be subject to a fine of $100.
Waste placed for curbside collection shall not be disturbed, collected or removed accept by the household that placed said waste, a designated hauler or agent of the City. Violation of this section is subject to a fine of $25.
The City may enter into agreements with other governmental units or private entities for the collecting, storing, and disposing of waste and recyclable items. The City may take into consideration the volume and type of waste to be addressed and the making of other regional cooperative agreements with governmental units.
The Commissioner with the approval of the City Manager may promulgate rules and regulations for the implementation of this chapter.
A. 
Enforcement. Unless otherwise excluded by state or federal law, a police officer, code enforcement inspector, building inspector, health inspector, solid waste manager, recycling coordinator, or other official designated by the City Manager, Commissioner, or the Board of Health is empowered to enforce the provisions of this chapter.
B. 
Penalties.
(1) 
Criminal penalty. Unless otherwise noted in a specific section, a person or entity that violates a provision of this chapter, either owner or occupant of any private premises, shall be subject to a fine not to exceed $300. Unless otherwise specified, each day shall constitute a separate violation.
(2) 
Noncriminal disposition. Any violation of this chapter may, as an alternative to a criminal penalty and in the discretion of the enforcing officer, be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D subject to a fine of $300. Unless otherwise specified, each day shall constitute a separate violation.
[Amended 12-23-2008]
A. 
Established; function and purpose. By this chapter, the City Council authorizes the establishment of a Waste and Recycling Advisory Committee, hereinafter "Committee." The Committee shall provide advice, assistance and recommendations to the Commissioner regarding the City's waste collection and recycling program.
B. 
Membership; appointment; term; qualification.
(1) 
The Committee shall be comprised of the following offices, disciplines and interests: the City Manager or designee; a user of City curbside collection; minority community; business community; and housing development.
(2) 
The following shall be ex officio members of the Committee: the Commissioner and the Health Director or designee.
(3) 
All members shall be initially appointed for a term of three years. If any appointed member fails to attend 1/2 of the scheduled meetings during a calendar year, the City Manager shall take appropriate action to appoint a replacement.
(4) 
Vacancies on the Committee shall be filled no later than 60 days after a vacancy occurs. If a vacancy occurs prior to the expiration of a member's term, an appointment shall be made for the remainder of that term.
(5) 
All Committee members shall believe in and support the interests of waste collection and recycling programs. Every Committee member shall either be a resident of or work within the City of Lowell.
[Added 5-29-2018]
A. 
Purpose. The purpose of this section is to prohibit single-use plastic bags by City of Lowell retail establishments 3,000 square feet or greater. These bags are rarely recycled and are not biodegradable. As such, banning them will curb litter on the streets, protect marine environments and waterways, and reduce greenhouse gas emissions and solid waste.
B. 
Definitions. When used in this section, the following terms shall have the meanings indicated:
ESTABLISHMENT
Any business or vendor that sells or provides food, merchandise, goods, or personal services to the public, and is 3,000 square feet or greater.
RECYCLABLE PAPER BAG
A paper bag that is 100% recyclable and contains at least 40% post-consumer recycled content, and displays in a visible manner on the outside of the bag the word "recyclable" or a symbol identifying the bag is recyclable.
REUSABLE CHECKOUT BAG
A bag with handles that is specifically designed for multiple use, preferably made of natural fibers.
SINGLE-USE PLASTIC BAGS
A plastic bag, including but not limited to bags with handles, made of nonbiodegradable plastic that is 4.0 mils in thickness or less, and are intended for the single-use transport of purchased items provided by a store to a customer at the point of sale.
C. 
Regulations.
(1) 
Single-use plastic bags shall not be distributed, used, or sold for checkout or other purposes at any establishment within the City of Lowell.
(2) 
Other thin-film bags used to contain dry cleaning, newspapers, produce, meat, bulk foods, wet items, perishables and other similar merchandise, typically without handles, are still permissible.
(3) 
If a retail store provides or sells checkout bags to customers, the bags must be one of the following:
(a) 
Recyclable paper bag, as defined above; or
(b) 
Reusable checkout bag, as defined above.
D. 
Enforcement.
(1) 
Enforcement of this section shall be the responsibility of the City Manager or his/her designee. The City Manager shall determine the inspection process to be followed, incorporating the process into other city duties as appropriate.
(2) 
Any enforcing person shall have the right to enter any establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this chapter. Upon finding a violation of this chapter, an enforcing person shall issue a written warning notice to the operator of the establishment that a violation has occurred and the potential penalties that will apply for future violations.
E. 
Penalty.
(1) 
Any retail or grocery store 3,000 square feet or greater distributing single-use plastic bags in violation of this section shall be subject to a noncriminal disposition fine as specified in MGL Chapter 40, § 21D, and Chapter 40U, Non-Criminal Disposition of Violations.[1] Any such fines shall be paid to the City of Lowell.
Offense
Penalty
First offense
Warning
Second offense
$100
Third offense
$200
Fourth or subsequent offenses
$300
[1]
Editor's Note: So in original. The title of MGL c. 40, § 21D is "Noncriminal disposition by ordinance, by-law, rule, or regulation violations," and the title of MGL c. 40U is "Municipal Fines."
(2) 
Nonpayment of fines may result in the suspension, revocation, or denial of other City-issued licenses or permits in accordance with MGL c. 40, § 57.
F. 
Effective date. This section shall take effect January 1, 2019.
G. 
Severability.
(1) 
It is the intention of the City Council that each separate provision of this section shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this section be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this section shall remain valid and enforceable.
(2) 
This section shall become null and void should the Department of Environmental Protection or any political subdivision of the commonwealth promulgate a law banning plastic bags after the enactment of this section.
(3) 
If any subsection, sentence, clause, phrase, word, or other portion of this section is, for any reason, held to be unconstitutional or invalid, in whole, or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this section, which remaining portions shall continue in full force and effect.