[HISTORY: Adopted by the City Council of the City of Gardner as indicated in article histories. Amendments noted where applicable.]
Article I Collection and Disposal
[Adopted 9-4-2007 by Ord. No. 1461]
In order to protect the public health and to provide for the sanitary and expeditious removal of certain classes of waste matter, commonly known as municipal solid waste or household or municipal refuse, the following definitions, rules and regulations shall be and remain in effect from the date of promulgation of this article.
As used in this article, the following terms shall have the meanings indicated:
- The room or group of rooms within a building used or intended for use by one family or household for living, sleeping, cooking and eating.
- APPROVED RUBBISH CONTAINER
- The City-supplied rolling rubbish cart.[Added 9-7-2010 by Ord. No. 1519]
- The solid residue resulting from the combustion of fuel used
in heating and cooking operations as occurring in households and apartments,
but not to include such residue from industrial plants or operations.[Amended 11-18-2013 by Ord. No. 1563]
- A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can be safely used.
- DESIGNATED MATERIALS
- Those recyclable goods, including but not limited to types and grades of metal, paper, glass or plastic, and those compostable materials, including but not limited to types and grades of leaves, yard waste, and food waste, designated by the Department of Environmental Protection pursuant to regulations to be source-separated.
- The dumping, landfilling or placement of rubbish into or on any land or water or the incineration of rubbish for energy recovery or otherwise.
- Animal, vegetable or other organic waste resulting from the handling, preparing, cooking, consumption or cultivation of food, and containers and cans which have contained food, unless such containers and cans have been cleaned or prepared for recycling.
- Any individual, partnership, association, firm, company, corporation, department, agency, group, or public body generating rubbish.
- A. The diversion of material, product or by-product from disposal to:
- B. "Recycle" does not mean to recover energy from the combustion of designated materials.
- Waste materials from normal household and living conditions, other than garbage or ashes, but not to include waste materials from building construction or repair, nor garden, lawn or tree trimmings unless such trimmings are securely bound into bundles, not exceeding three feet in length. It shall not include factory waste or refuse from industrial plants of any character. In general, the kinds of materials classed as rubbish are such as paper, rags, bottles, tin cans, cardboard, clothing, furniture, excelsior, and the like. "Rubbish" shall not include designated materials which are source-separated pursuant to § 560-10 of this article.
- SOLID WASTE
- Rubbish, garbage, ashes, source-separated recyclable or compostable materials, discarded furniture, discarded appliances and other household refuse.
- SOLID WASTE COLLECTION PROGRAM
- The collection at curbside by the City or its designee or the receipt at the transfer station of rubbish, garbage, ashes, or source-separated recyclable or compostable materials.
- The separation of designated recyclable or compostable materials from rubbish at the place where the materials are generated through the use or consumption of goods.
Under the authority of MGL c. 44, § 28C, the following system of fees, charges and exemptions is established to cover all of the costs of operating the City's municipal solid waste programs:
An annual fee for the collection and handling of rubbish, garbage, ashes, and source-separated materials shall be established on all households and apartment buildings with eight apartments or fewer in the City, and said fee shall be paid by the property owner. The fee shall be assessed at an amount the Mayor and City Council deem appropriate to cover all of the fixed costs of such collection. The City shall make this system self-sufficient, utilizing an enterprise fund established under MGL c. 44, § 53F 1/2.
The annual fee for the collection and handling of rubbish, garbage, ashes and source-separated materials is set at $200 per apartment unit per building, effective July 1, 2013. The City of Gardner trash bag fee is set at $3.50 per bag. Every collection day as of October 1, 2010, each single-family household, or single-family apartment unit in a building with eight apartments or fewer, may place a single approved rubbish container, with a tight-fitting cover securely in place, out for collection. Said rubbish container must be clearly labeled with the unit identification and identifying City logo. Any additional rubbish that does not fit within said container must be placed in a valid City of Gardner trash bag.
[Amended 6-16-2008 by Ord. No. 1474; 9-7-2010 by Ord. No. 1519; 3-18-2013 by Ord. No. 1558]
An owner of any residential property in the City with eight apartments or fewer may be exempted from participating in the mandatory program (including payment of the annual fee and use of the City trash bags) by contracting with a solid waste hauling company duly licensed to operate in the City of Gardner for the removal and disposal of all rubbish, garbage, ashes, source-separated recyclable materials, household appliances, furniture and consumer electronic materials. Any property owner seeking this exemption must annually provide the Director of Public Health with a copy of an acceptable signed contract from a properly licensed hauler.
An owner of any residential property in the City with nine apartments or more situated on a public way may voluntarily participate in the solid waste collection program. Any property owner seeking such participation must annually provide the Director of Public Health with written notice of intent to participate on a form provided by the Health Department. Such participation renders the property subject to the fees as outlined in Subsection A above.
Exemptions from the payment of the annual fee may be approved by the Director of Public Health with the approval of the Public Safety Committee of the City Council for apartment units in apartment buildings that are vacant and that the owner intends to maintain in a vacant state. Any property owner seeking this exemption must submit documentation of the status of the vacant unit and a letter certifying his or her intent to maintain the unit in the vacant state for the next year and have the unit inspected by the Director of Public Health or his designee. Occupation of the apartment unit makes the exemption null and void. It is the owner's responsibility to inform the City of the occupation of the unit; failure to do so renders the unit subject to the full amount of the annual fee for the time period covered by the exemption. This exemption is subject to written guidelines and limitations on file in the Board of Health office. Persons aggrieved by findings by the Director of Public Health under this section may appeal such finding to Public Safety Committee of the City Council.
Unpaid solid waste collection program fees will become a lien on a homeowner's property tax account as provided in the Massachusetts General Laws. Failure to make payment when due in any year, unless an exemption is granted, shall result in the assessment of interest, penalties, and charges or termination of services as authorized by state statute.
[Amended 6-16-2008 by Ord. No. 1474]
The Board of Health is authorized and directed to have removed and disposed of, or cause to be removed and disposed of, all ashes and rubbish, when properly prepared as provided in § 560-3 above and hereinafter, from all households and apartment buildings with eight apartments or fewer or other locations that participate in the solid waste collection program, only as may come within the requirements of this article. Such collection and disposal shall be made weekly in accordance with collection schedules and methods of collection as shall be determined by the Board of Health. The residents of the City shall be informed of collection schedules or any changes therein by means of appropriate notices in the local newspaper or by such other means as may be found expedient.
The City shall not be obligated to remove ashes and rubbish from households and apartment buildings with eight apartments or fewer constructed after January 1, 1986, unless such household or apartment building with eight apartments or fewer is situated on a public way now or hereafter accepted by the City as such.
The Board of Health is authorized and directed to cause designated materials to be recycled in accordance with § 560-10 from all residential units within the City of Gardner and all places of generation within the City of Gardner for which the City has assumed direct or contractual responsibility to collect, transport or dispose of rubbish.
Any and/or all food leavings or residue, commonly referred to as garbage or swill, for disposal shall be stored in a plastic bag or suitable sealed container before being placed out for collection.
Receptacles for ashes and rubbish shall be of such shape that the contents can be readily discharged from them. The combined weight of any container and its contents shall not exceed 70 pounds, and the volume of the contents shall fit within the container with the lid closed.
[Amended 9-7-2010 by Ord. No. 1519]
All containers shall be maintained in good condition by the owners thereof and promptly replaced when no longer fit for use. When the rubbish to be removed exceeds in volume the capacities of the receptacles regularly employed, it may be wrapped in bundles and securely tied, or, as in the case of discarded furniture, it shall be broken and reduced in volume so as to permit safe and speedy handling. The greatest dimension of such bulky articles shall not be more than three feet. Such bundle must be tagged with a valid City of Gardner disposal sticker or be placed in a City of Gardner rubbish bag.
All materials for collection must be set out on the edge of the street or sidewalk in proper containers by 7:00 a.m. on the day of collection.
It shall be unlawful for anyone, other than the tenants or occupants of the premises on which rubbish containers are stored or the authorized agents, employees or licensees of the City, to disturb any refuse containers or to remove their covers or any of the contents thereof or to cause such containers or their contents to be strewn or scattered on the lawns, sidewalks or streets.
Vehicles used by individuals or by private collectors to carry and transport ashes and rubbish shall be so constructed or so loaded as to prevent any of the contents from spilling, dropping, or otherwise escaping therefrom. Vehicles loaded with rubbish which may be blown about by the wind shall be provided with a cover to prevent the contents from being blown upon the streets or highways.
No garbage or rubbish shall be disposed of along any public or private street within the City.
The municipal transfer station shall be open from for residential use from 9:00 a.m. to 3:00 p.m., Wednesday through Friday, and on Saturday from 7:00 a.m. to 11:00 a.m., excluding holidays observed by the City.
Disposal fees at the transfer station are set by the Board of Health. Households participating in the solid waste collection program are eligible for a credit of $30 towards the sticker fee.
[Amended 6-16-2008 by Ord. No. 1474]
All junk and other materials at the disposal site are the property of the City of Gardner, and no person is allowed to separate and collect or dispose of the same.
It shall be unlawful for anyone to promote or set fire to any refuse in the disposal area.
No person shall dispose or contract for disposal of designated materials which are source-separated pursuant to § 560-10 of this article.
No person who collects, transports, disposes or otherwise manages rubbish or designated materials shall mix, commingle, or otherwise contaminate source-separated designated materials with rubbish or other contaminants.
The owner of a place where source-separated designated materials are generated as result of compliance with Subsection F and § 560-10 of this article shall provide or contract for the management of said materials in a manner which does not result in the disposal or contamination of the material in violation of this article.
Any person violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine of $150 for the first offense and $300 for the second and subsequent offenses, and each day that such person shall violate any of the provisions of this article shall constitute a separate offense.
Jurisdiction of the City of Gardner landfill area shall be with the Board of Health of the City of Gardner. All regulations and bylaws shall be supervised by said Board of Health in conformance with laws and regulations governing said landfill and transfer station.
After July 1, 1996, no person shall place his or her rubbish for collection or deliver it for disposal unless designated materials, which may include but are not limited to leaves, yard waste, aluminum, metal and glass containers, have been source-separated from the rubbish prior to placement or delivery of the waste for disposal.
After July 1, 1996, no person shall place his or her rubbish for collection or deliver it for disposal unless, in addition to the materials designated pursuant to Subsection A, such other designated materials, which may include but are not limited to single-polymer plastics and recyclable paper, have been source-separated from the rubbish prior to placement or delivery of the waste for disposal.