[HISTORY: Adopted by the Board of Health
of the Town of Southwick 8-3-2017. Amendments noted where applicable.]
The goal of these regulations is to protect public health and
the environment and ensure that all private haulers collecting solid
waste and recyclables adhere to the Massachusetts waste ban regulations
and uniformly comply with permit requirements established by the Town
of Southwick. This should ensure that:
A.
The environmental benefits of recycling are maximized;
B.
There is joint enforcement of the waste ban requirements by the municipality
and all private haulers operating within the municipality;
C.
There are fair and equitable rules for all private haulers operating
in the municipality;
D.
All residents and businesses have convenient (parallel) access to
recycling collection services;
E.
All private haulers licensed to operate in a municipality are in
compliance with state regulations (310 CMR 19.017);
F.
There is greater consistency across municipalities to promote clear
operating guidelines for private haulers; and
G.
Municipalities and private haulers work together to support the goals
of the solid waste Master Plan and the Global Warming Solutions Act.
A.
These regulations establish minimum requirements for the systematic
collection of solid waste and recyclables in order to promote waste
reduction, comply with state-mandated waste bans (310 CMR 19.017),
and further the goals of the Town of Southwick. The Board of Health
of the Town of Southwick adopts these regulations under the provisions
of Chapter 111, Sections 31, 31A, 31B, 122 and 150A, of the Massachusetts
General Laws.
B.
Private haulers shall only collect for disposal those items acceptable
for disposal. Materials banned from disposal under 310 CMR 19.017
shall not be included with solid waste.
These regulations shall take effect on July 13, 2017.
Property owners and occupants of any commercial, industrial,
institutional, municipal, school, or mixed use building within the
Town of Southwick.
Either a residential customer/generator or commercial customer/generator.
Disposal prohibition provision of the Mercury Management
Act (Chapter 190 of the Acts of 2006). Effective May 1, 2008, mercury-added
products cannot be disposed of in solid waste. The law also prohibits
any solid waste collector from collecting as solid waste the contents
of a solid waste container that the collector knows (or reasonably
should know) includes one or more mercury-added products. Details
may be found at this link: http://www.mass.gov/eea/docs/dep/toxics/laws/hgbanfaq.pdf
Any private hauler who has obtained a valid private hauler
permit from the Town of Southwick.
Any person or entity providing collection of solid waste
and/or recyclables for hire within the Town of Southwick.
A material that is banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017, Waste Bans, to include
mixed paper, cardboard, glass, metal, and plastic containers which
are priority material of these regulations.
Property owners and occupants of single and multifamily dwellings,
condominiums, public housing, and mobile homes within the Town of
Southwick.
Useless, unwanted or discarded non-recyclable solid and liquid
wastes, excluding items restricted from disposal in Massachusetts,
as defined by Table 310 CMR 19.017(3) of the Massachusetts solid waste
regulations (310 CMR 19.017).
The Town of Southwick.
All materials designated as banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017: Waste Bans, including:
asphalt, pavement, brick and concrete, cathode ray tubes, clean gypsum
wallboard, commercial food waste, ferrous and non-ferrous metals,
glass and metal containers, lead acid batteries, leaves and yard waste,
recyclable paper, cardboard and paperboard, single resin narrow-necked
plastics, treated and untreated wood and wood waste (banned from landfills
only), white goods (large appliances), and whole tires (banned from
landfills only).
These regulations are intended to support and align with the Town of Southwick Mandatory Recycling Bylaw, Chapter 153, Solid Waste.
All private haulers wishing to collect, transfer, or transport
solid waste or recyclables generated within Southwick shall be required
to first obtain or annually renew a permit from the Town of Southwick.
No private haulers may collect solid waste or recyclables unless they
have obtained a valid private hauler permit from the Town. Private
haulers that collect only recyclables must also be permitted.
A.
Permit application.
(1)
The permit application shall include the formal name of the person
or company, a statement that the person or company is registered to
do business in Massachusetts and that the person or company is fully
insured, a contact name, address, and telephone number.
(2)
The permit application must include a statement that the private
hauler understands, and is in compliance with the Massachusetts waste
ban and mercury disposal prohibition. The private hauler shall list
the solid waste disposal facilities and the recycling processing facilities
where solid waste and recyclables are expected to be delivered from
the private hauler's customers during the permit year. The application
shall be signed by a designated representative of the company and
permitted to do business within the Commonwealth of Massachusetts.
(3)
The application shall include information on the types of services
intended to be offered, and the approximate number of collection trucks
expected to be used in the municipality during the course of the permit
year. The application shall include information on how the private
hauler intends to ensure that customers prevent waste ban material
from being disposed with solid waste, and how the private hauler intends
to notify customers of improper recycling or solid waste disposal.
(4)
Upon receipt of a complete permit application, the Board of Health
shall have 30 days to rule on the granting of a permit to operate
within the Town of Southwick. In addition, the applicant shall pay
an annual permit fee of $100 as determined by the Board of Health.
B.
Annual permit renewal.
(1)
Each permitted hauler shall annually submit a renewal application
of his/her permit no later than the first of December, by paying the
annual permit fee.
(2)
The annual renewal application must indicate any changes from the
original permit, including any change in solid waste or recyclables
facilities used, and must be signed by a business owner.
C.
General permit requirements. All permitted haulers must be in compliance
with the following general permit requirements:
(1)
All permitted haulers must clearly display the name of the company
on each vehicle operating in the municipality.
(2)
All permitted haulers must be in compliance with applicable federal,
state and local laws. Each vehicle must meet all Department of Transportation
safety requirements at all times.
(3)
All materials must be securely contained in the vehicle. Littering
or leaking shall be considered a violation of the permit.
(4)
Permitted haulers shall only collect for disposal solid waste which
is not banned from disposal. It is the responsibility of the permitted
hauler to educate the customer about the waste bans and inform them
that they will refuse to collect solid waste mixed with waste ban
items that are visible to the driver/collector from any of their customers
(there is no requirement to open bags). Please refer to the list of
waste ban items in definition "waste ban materials/recyclables" above
which may not be accepted at Massachusetts' disposal facilities.
In all cases, recyclables shall not be commingled with solid
waste when collected by the permitted hauler. Recyclables must be
delivered to a processing facility designed to accept recyclables.
The permitted hauler shall inform customers how to prepare acceptable
recyclables consistent with the requirements of the recyclables processing
facility.
The Board of Health or its designee is authorized to inspect
a permitted hauler's truck and load at any time. The Board of
Health or its designee also has the right to require confirmation
of disposal of solid waste or management of recyclables.
Enforcement of this regulation shall be by criminal complaint
in the district court and/or noncriminal disposition ticket per MGL
Chapter 40, Section 21D. Agents of the Board of Health or its designee
shall have the power to enforce the provisions of this regulation.
A.
Penalties.
(1)
In the event that a permitted hauler fails to follow these regulations,
the Board of Health reserves the right to impose fines or revoke the
permit to operate within the Town of Southwick, subject to the appeal
provisions described below:
(2)
Each day of failure to comply with the regulations shall constitute
a separate violation. Accrued violations will expire at the end of
each permitted year.
B.
Appeal provisions. Any permitted hauler cited for a violation of
these regulations may appeal such citation by filing a written notice
of appeal with the Board of Health within seven days, exclusive of
Saturdays, 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.
