[HISTORY: Section 6 of the Plainville Board of Health Regulations;
amended in its entirety 11-15-2017. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Solid waste and littering — See Ch. 379.
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 Plainville. 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 Warning 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 Plainville. The Board of Health
of the Town of Plainville 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 January 1, 2018.
For the purposes of this regulation, the following words and
phrases shall have the following meaning unless the content clearly
indicates otherwise:
Property owners and occupants of any commercial, industrial,
institutional, municipal, school, or mixed use building within the
Town of Plainville.
Any barrels, bins, rolling carts, dumpsters and roll-off
containers that are used for the storage or collection of solid waste
and/or recyclables.
Either residential customer/generator or commercial customer/generator.
The 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 permit to remove,
transport and dispose of solid waste or recyclables from the Town
of Plainville.
Any person or entity providing collection of solid waste
and/or recyclables for hire within the Town of Plainville.
A material that is banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017: Waste Bans. These materials
include:
Glass containers: glass bottles and jars (soda-lime glass) only,
but not light bulbs, Pyrex® cookware, plate glass, drinking glasses,
windows, windshields and ceramics.
Metal containers: aluminum, steel or bimetal beverage and food
containers.
Plastic - single-polymer plastics: all narrow-neck plastic containers
(household bottles, jugs and jars) but not plastic bags, plastic wrap,
motor oil/chemical containers, foam containers, Styrofoam, toys, etc.,
or any other plastic item not used as a household bottle, jug or jar.
Recyclable paper: all paper, cardboard, and paperboard products,
but not tissue paper, toweling, paper plates and cups, wax-coated
cardboard, and other low-grade paper products that cannot be used
by paper mills as a result of normal intended use.
Any other materials designated for recycling per 310 CMR 19.017
(MassDEP Waste Bans).
Property owners and occupants of single-family and multifamily
dwellings, condominiums, public housing, and mobile homes within the
Town of Plainville.
Useless, unwanted or discarded nonrecyclable 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).
A container used for the collection of solid wastes used
for construction/demolition waste or "clean-outs" and does not exceed
60 days at any one location or is being used in connection with a
valid building permit.
The Town of Plainville.
All materials designated as banned from disposal in the Commonwealth
of Massachusetts pursuant to 310 CMR 19.017: Waste Bans, which include,
but are not limited to, the following:
Asphalt pavement, brick and concrete;
Cathode ray tubes;
Clean gypsum wallboard;
Commercial food waste (over one ton per week);
Ferrous and nonferrous 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).
In order to protect the environment, promote recycling and be
in compliance with Massachusetts waste ban regulations (310 CMR 19.017),
the Town of Plainville hereby establishes a requirement for mandatory
separation of "Massachusetts waste ban materials" from the solid waste
stream. This requirement applies to all residential customers/generators
and commercial customers/generators in the Town of Plainville.
A.
This regulation is designed to ensure that the Massachusetts waste
bans are uniformly adhered to in the Town Plainville and relies on
a partnership between the Town of Plainville and all permitted haulers
to ensure compliance with Massachusetts waste ban materials and separation
of recyclables from the solid waste stream are followed by all residential
customers/generators and commercial customers/generators in the Town
of Plainville.
B.
The Town of Plainville will support permitted haulers by providing
the following:
(1)
Educational information on the municipal website about the Massachusetts
Waste Bans, 310 CMR 190.17, requirement for all residential customers/generators
and commercial customers/generators;
(2)
Educational materials that private haulers can reproduce to use with
new and existing customers, e.g., Waste Ban Fact Sheet;
(3)
Enforcement of the regulation for residential customers/generators
and commercial customers/generators who do not comply with the Massachusetts
waste ban requirements.
C.
Permitted haulers will support the Town of Plainville goals by providing
the following:
(1)
Instructions on proper management of solid waste and recyclables
to new customers when service commences and to all customers on an
annual basis at a minimum.
(2)
Permitted haulers shall not dispose of banned recyclables that are
properly prepared and set out for collection.
(3)
No permitted hauler shall knowingly collect for disposal solid waste
that contains visible waste ban materials. Any such solid waste must
be left behind/rejected by the permitted hauler, who shall notify
the customer generating such solid waste of the reason for rejection,
e.g., via sticker affixed to noncompliant set-out, including Town
of Plainville contact information for follow-up regarding the Massachusetts
waste ban material requirement. The permitted hauler shall notify
the appropriate Town contact regarding any customer whose solid waste
is so rejected. If notified, the Town will follow up to enforce the
Massachusetts waste ban requirement.
All private haulers wishing to collect, transfer, or transport
solid waste or recyclables generated within the Town of Plainville
shall be required to first obtain or annually renew a permit from
the Town of Plainville. No private hauler 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, and a contact name, address, and telephone number. Copies
of certificates of insurance for public liability and property insurance
also shall be included.
(2)
The permit application must include a statement that the private
hauler understands, and is in compliance with, the Massachusetts waste
bans 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, permitted
to do business within the Commonwealth of Massachusetts.
(3)
The permit application shall include a list of all recyclables accepted
from the recycling processing facilities/MRF listed on the permit
application.
(4)
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 materials
from being disposed with solid waste, and how the private hauler intends
to notify customers of improper recycling or solid waste disposal.
(5)
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 Plainville. In addition, the applicant shall pay
an annual permit fee as determined by the Town of Plainville 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 November, 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.
(3)
Annual permits will be issued by the first of January each year.
C.
Annual permit renewal reporting requirements.
(1)
The renewal must be accompanied by the following information on a
completed Annual Solid Waste and Recyclables Reporting Form:
(a)
Total tons of solid waste collected for disposal and total tons
of recyclables collected for processing from residential customers/generators
within the Town of Plainville during the previous calendar year or
twelve-month period. (In the case where the permitted hauler delivers
loads for disposal or recycling that are combined with more than one
municipality, then the permitted hauler must provide their best estimate
of tonnage delivered from the Town of Plainville.)
(b)
A list of all residential and commercial customers using each
service (solid waste, recycling) during the previous calendar year
within the Town of Plainville.
(c)
The names of any commercial customers where the permitted hauler
is providing solid waste only service.
(d)
The names of any commercial customers where the permitted hauler
is providing recycling only service.
(e)
Copies of any waste ban violation letters or notices received
by the permitted hauler during the prior year that refer to loads
collected within the Town of Plainville.
(2)
Failure to provide a complete and accurate Annual Solid Waste and
Recyclables Reporting Form may be grounds for denial of a permit to
operate within the Town of Plainville.
(3)
Permitted haulers that provide temporary roll-off containers/dumpsters
are exempt from the annual reporting requirements.
D.
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 not keep or store solid waste collected from
customers within the Town of Plainville.
(5)
No container, barrel, bin, rolling cart, dumpster or roll-off container
shall be placed within five feet of the edge of pavement of a public
way or property line except on scheduled pickup days. Blocking of
public ways at any time is prohibited.
(6)
Collection of solid waste and recyclables may only occur during the
hours of 7:00 a.m. to 7:00 p.m. except in the case of bad weather
or another emergency that requires collection outside of these hours,
with notification to the Board of Health or their designated representative.
(7)
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.
(8)
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 which may not be accepted at Massachusetts' disposal
facilities.
(9)
In the event that the permitted hauler refuses to collect any materials,
the permitted hauler will notify such customers in writing of the
reason(s) for refusal to collect the solid waste or recyclables. In
addition, the permitted hauler will advise the Board of Health about
customers who have received rejection notices. The Board of Health
will, where possible, assist the permitted hauler with enforcement
of the waste ban requirement.
E.
Residential customers/generators requirements.
(1)
A permitted hauler shall not collect solid waste and recyclables
from residential customers/generators less than every two weeks. Collection
of recyclables from residential customers must be on the same day
of the week as solid waste collection, but can be less frequent than
solid waste collection if solid waste collection occurs every week.
(2)
A permitted hauler must provide at least two days annually for the
collection of bulk items such as, but not limited to, couches, chairs,
mattresses, etc., for residential customers/generators of single-,
two- and three-family residences.
(3)
A permitted hauler shall provide a collection schedule listing the
regularly scheduled day of the week collection is provided.
(4)
Permitted haulers must provide collection of recyclables that parallels
the municipal collection program. Materials collected for recycling
must meet the specifications of the recycling processing facilities/MRF
listed on the permit application.
A.
Service to residential customers/generators.
(1)
For residential customers/generators, the bundled service must provide
customers with solid waste and recyclables collection at a rate that
reflects the cost of providing both services. Solid waste and recycling
services must be provided by the same permitted hauler unless otherwise
pre-approved by the Board of Health. The permitted hauler may itemize
the invoice to clearly show the cost of recycling collection contained
in the bundled service.
(2)
If the permitted hauler is providing a container for refuse, they
must also provide a container for recycling. The recycling containers
must be equal to or greater than the volume of the refuse container
provided. Containers for recyclables should be of a large enough volume
to collect all recyclables generated by the customer.
(3)
Additional fees for additional services, such as collection of yard
trimmings or food scraps, or special pickups for bulky items, are
permitted.
B.
Service to commercial customers/generators.
(1)
For commercial customers/generators, the permitted hauler must provide
both solid waste and recyclables collection, unless the customer can
provide proof to the permitted hauler that separate recycling services
are provided by another permitted hauler or via one of the methods
listed on the Recycling Service Exemption Form. Permitted haulers
may charge separately for the collection of recyclables. Commercial
customers/generators may choose to contract for collection of recyclables
by a second permitted hauler that only performs recyclables collection.
Permitted haulers that collect only recyclables are not required to
collect solid waste.
(2)
Permitted haulers must provide the names and addresses of their solid
waste only commercial customers to the Town so the Town can follow
up to ensure that those customers are complying with the waste bans.
C.
Exceptions. Temporary roll-off containers/dumpsters used for construction
purposes or "clean-outs" and do not exceed 60 days at any one location
or are being used in conjunction with a valid building permit or are
used for the collection of agricultural organics (compost, manure)
shall not be affected by the bundled service requirement.
A.
Labeling of containers.
(1)
If containers are provided by the permitted hauler, the Town requires
that all barrels, bins, rolling carts, dumpsters and roll-off containers
provided shall be clearly labeled as the property of the permitted
hauler, with the permitted hauler's name, and shall be in good
repair at all times.
(2)
If containers are not provided by the permitted hauler and customers
provide their own containers, the permitted hauler shall supply customers
with a label to be adhered to customers' containers clearly identifying
the name of the permitted hauler that is supplying service. Haulers
shall not collect from containers that do not have the hauler's
name.
B.
Recyclables containers.
(1)
All containers for recyclables must be clearly labeled with the word
"RECYCLE," "RECYCLING," or "RECYCLABLES" in letters large enough for
easy identification or a blue universal recycling symbol (three chasing
arrows) identifying it as a recycling container. A permitted hauler
may either offer a collection container for recyclables or clearly
visible stickers for the customer to apply to their existing container
for recyclables.
(2)
Containers for recyclables should be of a large enough volume to
collect all recyclables generated by the customer.
(3)
It is also recommended that recyclables containers provided by permitted
haulers be clearly labeled with graphics/pictures and/or a list of
accepted recyclables.
C.
Solid waste containers.
(1)
It is recommended that permitted haulers will not provide blue containers
for the collection of solid waste, except as provided below:
(2)
If the permitted hauler uses blue containers for the collection of
solid waste, the containers should be clearly marked with the word
"TRASH," with letters large enough for easy identification.
A.
The permitted hauler shall provide a certificate of proof that workers'
compensation insurance meeting statutory requirements has been provided
for all employees engaged in work under the permit.
B.
A permitted hauler must maintain adequate insurance and shall furnish
the Plainville Board of Health with certificates from an insurance
company licensed to do business in the Commonwealth of Massachusetts
showing the applicant carries public liability and property insurance.
Cancellation of insurance shall automatically be grounds for cancellation
of the private hauler permit. Certificates of insurance shall be furnished
each year upon renewal of the permit.
C.
The permitted hauler shall make certain that the above insurance
policy is not canceled prior to notification of the Plainville Board
of Health. This notification shall be not less than 30 days prior
to such cancellation.
The Board of Health and its agents reserve the right to monitor
collection vehicles, loads, litter and/or nuisance conditions and
routes at reasonable times to ensure that all permitted hauler services
comply with all applicable state and local laws, bylaws and regulations.
The Board of Health retains the right to define and determine "nuisance"
conditions.
The Town of Plainville reserves the right to exchange information
and coordinate enforcement activity with MassDEP's waste ban
inspectors in order to enforce the provisions of these regulations
and state law.
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 also has the right to require weight slips or confirmation
of disposal of solid waste or management of recyclables.
Any permitted hauler permit may be suspended, modified or revoked
by the Board of Health upon receipt of evidence satisfactory to the
Board that the permittee has not conformed to the requirements of
these regulations or such further regulations as may be adopted or
to any applicable state or federal statute, regulation, rule or order
regarding the transportation of disposal of solid waste concerning
the collection and disposal of solid waste. Appeals of such suspensions,
modification or revocations may be directed to the Board of Health
within 10 business days of said suspension, modification or revocations.
A.
Permitted haulers may enter into arrangements for the collection
of refuse and recyclables with individual residents, the municipality
and commercial/industrial customers of the Town, in which the permittee
will be paid directly by the customer. The Town shall have no liability
for payment to the permittee for any residential or commercial/industrial
collection and disposal work that is not included in the Town's
contract.
B.
The permitted hauler shall take all responsibility for the work and
take all reasonable precautions for preventing injuries to persons
or damage to property; shall bear all losses resulting to the collection
company on account of the quantity or character of the work; shall
assume the defense of and indemnify and hold harmless the Town of
Plainville, its officers, agents and servants from all claims relating
to labor and materials furnished to the work, and for all injuries
to any person or corporation received or sustained by or from the
permittee and employees doing the work, in consequence of any improper
materials, implements or labor used therein, and to any act, omission
or neglect of the permittee and its employees.
C.
The permitted hauler agrees to indemnify the Town for any liability
that may arise from the improper treatment, storage or disposal of
hazardous wastes collected within the Town.
Enforcement of this regulation shall be by criminal complaint
in the district court and/or noncriminal disposition ticket per MGL
c. 40, § 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 reasonable fines
and/or revoke the permit to operate within the Town, subject to the
appeal provisions described below.
(2)
Each day of failure to comply with the regulations shall constitute
a separate violation.
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 Town of Plainville Board of Health.
