Section 13 Refuse
The purpose of this By-Law is to protect the health of the Town Residents, reduce damage to the environment, promote recycling and better manage the solid waste stream generated by the population.
Section 13-A Definitions
- Board of Health:
- The appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the Board of Health of a City or Town, or its authorized agent or representative.
- Any item of machinery or implement used in the operation of a refuse transfer station facility to perform such functions as sight preparation, maintenance, receipt, storage, trucking, hauling, transporting, handling, processing, or compacting or refuse.
- The animals, vegetable or other organic waste resulting from the handling, preparation, cooking, serving, or consumption of food.
- Incoming Vehicle:
- Any vehicle that transports refuse to the refuse transfer station- including but not limited to-public and private garbage and rubbish collection vehicles, industrial, agricultural, or commercial transport vehicles and passenger vehicles.
- Any person who has care, charge, or control or a refuse transfer station facility subject to these regulations as agent or lessee of the owner or as an independent contractor.
- Any individual, partnership, association, firm, company, corporation, department, agency, group (including a city, town, country, state, or other governmental unit) or any other entity responsible in any way for an activity subject to the regulations.
- Putrescible or non-putrescible solid waste materials consisting of all combustible and non-combustible solid wastes including garbage and rubbish but not including sewage.
- Refuse Transfer Station Facility:
- A solid waste handling facility used for the loading of solid waste (refuse) from one container or vehicle to another prior to transporting to the location of further processing or treating or ultimate disposal. Refuse or dumpster type containers physically located on he premises they serve and used by the occupants of the premises shall not be considered a transfer station under these conditions.
- Combustible or non-combustible solid waste material except garbage and sewage, including but not limited to such materials as paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, mineral matter, glass crockery, dust, ashes, construction wastes, industrial wastes, commercial wastes, demolition wastes, agricultural wastes, abandoned vehicles, street sweepings, wood, coal, coke, or other combustible materials and any other unwanted or discarded materials.
- Solid Wastes:
- Any unwanted or discarded solid material. Solid wastes are classified as refuse (see Refuse above)
- Recyclables and their preparation shall be defined in a separate document issued by the Board of Health on the annual basis, as the types of recyclables items may change from time to time. The town Board of Health shall notify all users of the Town Transfer Station Facility in a proper and timely fashion when any changes in recyclables accepted at the Transfer Station Facility occur. The Town Board of Health shall, to the best of its ability, provide for the practical recycling of as many times as possible through the service of the Hilltown Resource management Cooperative, the Springfield Materials Recycling Facility and other means they become available. The Town Board of Health shall issue its list of recyclables annually with the purchase by a resident of the Town, with proper identification for the use of the Town Transfer Station Facility. The Town Board of Health will continually make the list of recyclables available to all residents at the Town Transfer Station Facility.(STM 8/11/1994 to define recyclables as above.)
- Useless, unwanted, or discarded solid, liquid, or gaseous materials resulting from community, domestic, commercial, agricultural, and industrial activities.
- In accordance with Massachusetts General Law, all garbage, rubbish, hazardous waste, recyclables, and all other waste material shall be properly managed on all public and private property at all times. The Town Board of Health is hereby empowered to direct those responsible for illegal disposal of any type of material and to properly dispose of said material. Illegal dumping of any materials shall be subject to penalties and legal action which can be imposed by the Town Board of Health
- In accordance with Massachusetts General Law, no person shall improperly dispose of garbage, rubbish, recyclables, hazardous waste, or waste material of any tope. All material must be disposed of properly of placed in proper containers on all public and private property. All material shall be disposed of in a proper legal fashion through a private contractor or it shall be placed in the properly designated container(s) at the Town Transfer Station Facility. (Adopted STM 8/11/1994)
- Separation of Recyclables
- All metal and glass recyclables as defined in Section 13-A shall be placed together and separate from other rubbish or garbage. These recyclables shall be cleaned of all residue or contents.
- Recyclable newspapers and corrugated paper shall be placed together separate from rubbish or garbage.
- Newspapers shall either be packed in standard grocery or paper shopping bags, placed in corrugated boxes, or securely tied in flat bundles, none of which shall weigh more tan fifty (50) pounds.
- Corrugated boxes and cardboard carton shall be collapsed and tied in bundles, not weighing more than fifty (50) pounds.
- Recyclables shall not be placed in plastic garbage bags for collection, removal, or disposal. Recyclables shall not be placed in the same refuse container and/or otherwise mixed with other forms of solid waste for collection, removal, or disposal.
- If no separation of recyclables takes place, NONE of the household rubbish or garbage shall be accepted for disposal at the Huntington Transfer Station or by licensed solid waste removal companies engaged in curbside collection.
- Ownership of Recyclables- Offences
- Any recyclables placed at curbside or in a central collection point in the Town shall be transported to and disposed of at the designated materials Recovery Facility, except as may be otherwise authorized by the Board of Health.
- Effective Date
- The operator shall limit access to the facility to such periods of time as an attendant is on duty and to those persons authorized to use the facility for the disposal of refuse.
- The operator shall provide for the gate to be open only when an attendant or equipment operator is on duty. The gate shall be closed and locked at all other times.
- The salvaging of materials from a refuse transfer station facility shall not be allowed except by special permit from the Board of Health. Said permit may be subject to revocation by either the Department or the assigning agency.
- The operator may make provisions for the limited salvaging of materials provided that such operations are conducted under provisions of a special permit for this purpose issued by the Board of Health and provided that a definite plan of procedure is implemented and followed to enable said to be carried out in an organized, sanitary, orderly, and dependable manner with minimal interference to the routine transfer station operations.
- Refuse of a nature or in quantities that cause or pose a threat to the Public health or are detrimental to the environment or the surrounding area shall not be accumulated at the Transfer Station.
Section 13-B Disposal Regulations
Section 13-C Huntington Recycling Program
There is hereby established a program for the mandatory separation of certain recyclable material from garbage or rubbish by the residents of the Town.
All the By-Laws or parts of By-Laws, resolutions, regulations or other documents inconsistent with the provisions of these By-Laws are hereby repealed to the extent of the inconsistency.
These By-Laws and the various parts, sentences, sections, and clauses thereof, are hereby declared to be severable. If any part, sentence, section, or clause is adjusted invalid; it is hereby provided that the remainder of these By-Laws shall not be affected thereby.
This By-Law shall take effect after the Material Recovery Facility commences commercial operation and shall be enforced when the Board of Health requires same. Notice of the commencement date shall be published once in a daily newspaper having a circulation in the Town of Huntington and notice shall also be posted at the five legal posting places.
Section 13-D Management of the Huntington Transfer Station
Section 13-E Regulation of Types/Size Disposal Items
The Board of Health may, by regulation, specify the maximum size of large, heavy or bulky items to be disposed of at the Transfer Station and may prohibit, altogether, the depositing of certain items.
The Board of Health shall be required to keep the Town informed as to how prohibit articles may be disposed of legally.
Section 13-F Salvaging
Section 13-G Proper Identification to Dispose
No person shall cast, place or deposit any refuse on the transfer Station without proper identification by the Board of Health.
Section 13-H Management of Station-Board of Health
The care, custody, and management of the Refuse Transfer Station shall be with the Board of Health.
Penalties: (Adopted ATM 5/2/1994)
Maximum Fine Allowed: $100.00
Enforcement Agent: Board of Health
1st Offence: Warning
2nd Offence: $25.00
3rd Offence: $50.00
4th Offence: $100.00 per day
Each day a violation exists shall be deemed to be a separate violation.