[Added 6-11-1990; amended 12-10-1990; 12-9-1991; 9-13-2021 by Board of Health; 11-1-2021 by Board of Health]
In accordance with the authority vested in the Town of Chelmsford
Board of Health, this article is hereby established.
As used in this article, the following terms shall have the
meanings indicated:
All household garbage, trash, rubbish, refuse and combustible
agricultural waste normally generated and disposed of by or on behalf
of the Town, but excluding.
Explosives and ordnance materials, oil, sludges, highly flammable
substances, cesspool or other human wastes, human and animal remains,
motor vehicles, farm or other large machinery, nonburnable construction
materials and demolition debris and hazardous refuse of any type or
kind, such as cleaning fluids, crankcase oils, cutting oils, paints,
acids, caustics, poisons, drugs, radioactive materials, fine powdery
earth used to filter cleaning fluid and refuse of similar nature;
Any item of waste exceeding six feet in any one of its dimensions
or being in whole or in part of a solid mass, the solid mass portion
of which has dimensions such that a sphere with a diameter of eight
inches could be contained within such solid mass portion; and
All other items of waste which would be likely to pose a threat
to health or safety, or the acceptance and disposal of which may cause
damage to waste disposal facilities, or be in violation of any judicial
decision, order or action of any federal, state or local governmental
or any agency thereof, or any other regulatory or applicable law or
regulations.
Those persons or companies who have applied for and obtained
the appropriate license(s) to collect refuse within the corporate
limits of Chelmsford, Massachusetts.
Those materials placed in a "Chelmsford Recycles" blue or
maroon recycling bin or other container designated for recycling purposes,
which shall include, but not be limited to, clear glass, brown glass,
green glass, tin cans, aluminum cans, HDPE plastics (milk and water
containers), PET plastics (soda bottles) and newspapers in paper bags.
Refuse haulers shall not collect recyclable materials unless they
are contracted by the Town of Chelmsford to do so.
All vehicles used for deliveries of residential acceptable
waste to the solid waste disposal facility, which must be in safe,
clean condition, and in good repair.
That acceptable waste generated within the Town of Chelmsford
as is collected on behalf of the Town or disposed of by its residents,
the sources of which are residential households or municipal buildings
located in the Town.
All inhabited dwellings up to and including three-family
dwellings.
The Chelmsford Board of Health, the Town department responsible
for overseeing the licensing and regulation of residential refuse
collection.
The cost per ton for disposing of quantities of residential
acceptable waste at waste disposal facilities.
A "short ton" of 2,000 pounds.
Any container used for containing trash at the curb for pickup;
for example, metal or plastic trash cans, cardboard boxes, etc.
A.
Collection and removal of refuse. Persons and companies engaged in
the collection of solid waste shall collect household rubbish, paper,
cardboard cartons, garbage, and other waste materials from residential
households in the Town of Chelmsford and shall remove said rubbish,
paper, cardboard cartons, garbage and other waste materials to a location
or facility outside the limits of the Town of Chelmsford in accordance
with these rules and regulations as well as all other applicable laws
and regulations.
B.
Permit. All refuse collection companies will be required to obtain
a permit from the Town of Chelmsford Board of Health prior to commencing
with the collection of solid waste. The fee for the annual permit
shall be set by the Board of Health and renewable December 31 of each
year.
C.
Application and renewal. At the time of the initial application and
subsequent renewals, the refuse collection company shall submit to
the Board the following information:
(1)
A list of references including but not limited to large commercial
customers and municipal buildings.
(2)
The names of all towns where residential trash is or has been collected
from.
(3)
A description of the collection vehicle(s) to be used, and proof
of registration and insurance for each separate vehicle.
(4)
A description of the method of collecting payment from customers,
and samples of any stickers used, and the contract signed by residents.
(5)
The name of the waste disposal site(s) to which Chelmsford's refuse
will be taken. The refuse collector will supply documentation that
all disposal sites meet all federal, state and local regulations.
(6)
Upon request, refuse collectors shall produce documentary proof that
they are entitled to dispose of trash in a licensed waste disposal
site.
D.
Bond. Prior to the issuance of a license, the refuse collector will
post with the Town a bond for faithful performance in the amount of
$10,000 issued by a company licensed to do business in the Commonwealth
of Massachusetts.
E.
Insurance.
(1)
The refuse collector shall furnish the Town with certificates from
an insurance company licensed to do business in the Commonwealth of
Massachusetts. The licensee shall maintain during the period of licensing
the following insurance with companies and in forms acceptable to
the Town and in adequate amounts. This shall protect him performing
work covered under the license and the Town and its employees, agents
and officials from all claims and liability for damages for bodily
injury, including accidental death, and for property damage, which
may arise from operations under licensing.
(2)
The amounts of such insurance shall be for each policy, not less
than:
(a)
Workmen's compensation: as required by the Laws of Massachusetts.
(b)
Bodily injury liability, including death: $1,000,000 on account
of any one person and $1,000,000 aggregate limit.
(c)
Property damage liability: $1,000,000 on account of any one
accident and $1,000,000 aggregate.
(e)
Automobiles and trucks, including hired vehicles: bodily injury
liability, including death: $1,000,000 on account of any one person
and $1,000,000 on account of any one accident.
(3)
All policies shall be so written that the Town of Chelmsford will
be notified of cancellation or restrictive amendment at least 15 days
prior to the effective date of such cancellation or amendment.
F.
Indemnity. The licensed refuse collector will take all responsibility
for the work and take all precautions for preventing injuries to persons
or property; shall bear all losses resulting to him on account of
the amount or character of the work; shall assume the defense of,
and indemnify and hold harmless the Town, its officers, agents and
servants from all claims relating to:
(1)
Labor and materials furnished to the work.
(2)
The invention, patent rights used in doing the work.
(3)
Injuries to any person or corporation received or sustained by or
from the licensed refuse collector and his employees doing the work,
in consequence of any improper materials, implements, or labor used
therein.
(4)
Any act, omission or neglect of the collector and his employees therein.
G.
Federal and state licenses. The licensee shall submit copies of all
applicable federal and state licenses.
H.
License period. The license issued will be valid for a period of
not more than one year. The licensee must submit an annual application
for renewal.
The following reports are to be submitted to the following Town
Boards as required after collection begins.
A.
Tonnage. Reports on the tonnage of residential solid waste removed
from the Town of Chelmsford shall be submitted to the Board of Health
and the Board of Selectmen twice yearly on January 1 and July 1.
B.
Customer lists. Revised residential customer lists shall be submitted
to the Board of Health and the Board of Selectmen twice yearly January
1 and July 1 and shall indicate any changes in the customers served.
All new customers shall be indicated as well as those customers who
have terminated their agreements with the licensed refuse collector.
C.
Termination of service. Within seven days of termination of service
by a residential customer, the Board of Selectmen must be notified.
A.
Time of collection. Solid waste shall be collected between the hours
of 6:30 a.m. and 6:30 p.m. (prevailing time) Monday through Friday
inclusive, with the exception of holidays observed by the Town of
Chelmsford.
B.
Holidays. Whenever a scheduled collection falls on a legal holiday,
that day's collection and the remaining collections for the week,
if any, shall be the following day. The holidays observed by the Town
are: New Year's Day, Martin Luther King's Birthday, President's Day,
Patriot's Day, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veteran's Day, Thanksgiving Day, Christmas Day.
C.
Routes. Licensed refuse collectors shall have established routes
which have been approved by the Board of Health and should take appropriate
steps to operate according to the approved routes. Trash shall be
collected from each street on the same day as the Town provided trash
collection service.
D.
Town contracted refuse collectors. Any refuse collector who is contracted
by the Town of Chelmsford to collect residential and/or municipal
trash are not allowed to comingle trash collected under the Town of
Chelmsford's contract with any other trash from any other source.
E.
Acceptable waste. The licensed refuse collector shall collect acceptable
wastes from their residential customers in Chelmsford provided that
the residential acceptable waste is contained in barrels, plastic
bags or tied bundles.
F.
Unacceptable waste. The licensed refuse collector may refuse to collect
any residential waste if there is any indication that the material
is not an acceptable waste or if it is not properly containerized.
The licensed refuse collector will notify his customer of the reason(s)
for refusal of collecting the waste.
G.
Spilled waste. The licensed refuse collector shall take reasonable
care in collecting refuse. Refuse shall not be scattered about the
streets or into private property. Refuse which is accidentally spilled
shall be immediately picked up by the collector and removed together
with other wastes.
H.
Stickers. Any stickers used must not appear to be similar in design,
color or general appearance to those provided by the Town.
I.
Recyclables. The licensed refuse collector shall not collect recyclable
materials in the "Chelmsford Recycles" recycling bin or other container
designated for recycling purposes, unless they are contracted by the
Town of Chelmsford to do so.
J.
Inspection. The licensed refuse collector shall allow Board of Health
agents and/or other agents of the Town to inspect his/her vehicle
and any load if there is a due cause of suspicion of any violations
of any applicable laws, rules or regulations.
A.
Weekly trash pickup. Trash must be disposed of on a weekly basis.
B.
Time at curb. Trash and recyclables must be at the curb by 6:30 a.m.
but no sooner than 6:30 p.m. the day before. All trash containers
must be removed from the curbside within 12 hours of collection.
C.
Trash container size. Trash containers must be no larger than 32
gallons and weigh no more than 80 pounds total (including trash and
container), and must be able to be easily picked up by one person.
Bags must be no larger than 39 gallons and weigh no more than 40 pounds.
Brush must be bundled.
D.
Fullness of trash container. Trash containers must not be filled
more than three inches above the top edge of the container.
E.
Lids. All trash containers must have lids.
A.
Suspension of licenses. Any refuse collection license may be suspended
or revised by the Board of Health upon receipt of evidence satisfactory
to the Board that the Licensee has not conformed with the requirements
of this article, or such further regulations as may be adopted for
the collection and disposal of refuse or upon recommendation of the
Board of Health.
Each of this article shall be construed as separate to the end
that if any regulation or sentence, clause, or phrase thereof shall
be held invalid for any reason, the remainder of that regulation and
all other regulations shall continue in force.
A.
These rules and regulations shall be effective as of June 11, 1990.
This article has been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on December 12, 1990,
and shall be effective as of December 12, 1990. This article has been
amended, voted on, and unanimously approved at a regularly scheduled
Board of Health meeting on December 9, 1991, and shall be effective
as of December 9, 1991.
B.
This article has been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on September 13,
2021. The changes approved at the Board of Health's September 13,
2021, meeting consisted of administrative renumbering; no substantive
changes to the regulation were made at this meeting.
C.
This article has been amended, voted on, and unanimously approved
at a regularly scheduled Board of Health meeting on November 1, 2021,
and shall be effective as of November 1, 2021.
