Solid Waste Regulations

REGULATION FOR COLLECTION, MANAGEMENT, AND DISPOSAL OF RESIDENTIAL SOLID WASTE
by the
Board of Health of the Town of Maynard, Massachusetts

Section 1: Findings

The findings of this Regulation, which provides the background for this Regulation, were part of the Solid Waste Regulation when adopted in 1993 and are included by reference. Complete text of this section may be obtained from the Board of Health.

Section 2: Purpose

The Board of Health of the Town of Maynard, Massachusetts, in keeping with its obligations to provide fiscally responsible services to the residents of the Town and to comply with State regulations banning recyclable materials from municipal refuse collection, hereby adopts the following regulation pursuant to the Massachusetts General Laws, Chapter 111, Section 31. These regulations replace all previous versions with the inclusion by reference of Section 1 of the 1993 version.

Section 3: Definitions

The following definitions are adopted for the purposes of this regulation:

3.1 Biweekly: once every two weeks.

3.2 Board: the Town of Maynard Board of Health.

3.3 Brush: woody stems or branches from vegetation with a length of less than three feet and individual diameter of less than three inches.

3.4 Christmas Tree: an evergreen tree or branches without wires or other metal attached.

3.5 Commercial: any location in which a business is located or a building that contains more than four Dwelling Units, with the exception of Condominiums.

3.6 Compost: a product produced by the natural decay of vegetative matter.

3.7 Condominium: a building with multiple dwelling units that are individually owned.

3.8 Condominium Unit: a Residential Unit in a Condominium, which is owned by an individual who pays property taxes to the Town of Maynard for that specific unit, regardless of whether or not the owner is the occupant of the unit.

3.9 Dumpster: any receptacle of 75 gallon capacity or more which is used for the collections, storage or transportation of trash, rubbish, garbage, offal, scrap, or other material for

discard, disposal or recycling.

3.10 Dwelling Unit: a place where people live.

3.11 Garbage: the animal and vegetable or other organic waste resulting from the handling, preparation, cooking, and consumption of food.

3.12 Grass Clippings: grass residue remaining after a lawn is mowed or otherwise cut.

3.13 Large Appliance: any devise or machinery normally used in the residence for performing house work, including but not limited to refrigerators, ranges, and water heaters. For the purposes of this regulation, the term large appliance does not apply to toasters, coffee pots, irons, televisions, computers, video display terminals, and similar small objects provided that they do not exceed the criteria that would define them as Large Objects.

3.14 Large Object: any single object or a collection of objects bound together, that is greater than or equal to four feet in length, greater than or equal to three cubic feet in volume, or weighs more than 75 pounds.

3.15 Leaves: the foliage of deciduous trees.

3.16 Offal: shall mean the waste or by-product of a process, usually that of slaughtering or butchering, including trimmings and viscera of the animal.

3.17 Owner: any person, including a lessee or mortgagee in possession, who alone or severally with others has lawful title to or lawful possession, care or control of any property on which a dumpster is located or proposed to be located. Owner also includes any authorized agent of such person.

3.18 Person: includes any individual, partnership, corporation, firm, association, group or respective agents there of.

3.19 Recyclable Materials: any consumer product determined to be acceptable in the recyclable collection by the Board of Health. The list of such materials will be promulgated by the Board of Health (see Section 4.1), and will be modified, as needed and based upon market activity, from time to time.

3.20 Residence (or residential unit): a non-Commercial building that has no more than four Dwelling Units with the exception of Condominium Units.

3.21 Rubbish: combustible and non-combustible waste material, excluding garbage.

3.22 Septage: the material removed from an individual sewage disposal system.

3.23 Sewage: shall mean any water-carried putruscible waste resulting from discharge of water closets, sinks, clothes washers, dishwashers, or any other source.

3.24 Soft Furniture: Sofas, mattresses, recliners and other soft furniture that otherwise meet the definition of a Large Object.

3.25 Sticker: A valid sticker for trash pickup prepared by our town and sold through local merchants and at Town Building during regular office hours.

3.26 Temporary Dumpster: is one used for construction purposes that will occupy a specific location for six months or less.It can be at a commercial or residential location.

3.27 Town: Town of Maynard.

Section 4: Mandatory Curbside Recycling

4.1 Recycling Materials:

Recycling of paper, glass bottles and jars, aluminum cans, bimetal (tin) cans, aluminum and bimetal foil, aseptic juice boxes, milk cartons (waxed cartons), and no.1 through no. 7 plastic food containers and cleaning product containers is mandatory. Acceptable paper includes: newsprint, office paper, magazines, junk mail, cardboard food boxes, phone books, scrap paper, colored paper, paperback books (soft cover), and corrugated cardboard.

4.2 Placement of Recyclable Materials at the Curbside:

4.2.1 All recyclable glass, aluminum, bimetal and plastic containers must be placed at the curbside in the recycling bins provided by the Town and in additional containers as needed, which are to be placed adjacent to the recycling bin at the curbside.

4.2.2 All paper must be cut or folded to a size that would fit in a standard paper grocery bag. Paper shall be placed in paper grocery bags. Corrugated cardboard shall also be cut to a size that would fit into a paper grocery bag although it may be tied instead. Newspapers and magazines may also be tied rather than placed in a paper grocery bag.

4.2.3 Leaves will be collected three times per year and must be in biodegradable bags. Designated times for collection will be publicized by the Board.

4.2.4 There is no fee for disposing of approved recyclables at the curbside, and no limit to the number of recycled items.

4.2.5 Restrictions on curbside recycling:

4.2.5.1 Waxed paper, plastic, or foil shall not be mixed with paper that is to be recycled.

4.2.5.2 No Large Appliances will be collected at curbside.

4.2.5.3 Grass Clippings are not collected at the curbside and should be composted on resident's property

Section 5: Residential refuse

5.1 Permitted refuse for collection:

5.1.1 Any bag, or item of household refuse to be collected requires that a sticker be attached to the bag, the top bag in the container, or on the item.

5.1.2 Each container, item, or bag must weight less than 75 pounds, be less than four feet in length, and occupy less than three cubic feet in volume.

5.1.3 If a standard 32-gallon barrel is used as a refuse container, it shall not be filled above the rim and it must be cleaned at least once per month.

5.1.4 Large Objects that weigh more than 75 pounds, or are more than four feet long or greater than three cubic feet in volume will be collected at curbside only if five stickers are attached.

5.1.5 Soft Furniture, including, but not limited to sofas, mattresses, recliners, and other soft furniture, will be collected at curbside only if five stickers are attached.

5.1.6 Home remodeling waste and debris that is combustible may be disposed of at curbside. The amount shall be limited to four 32-gallon bags, each weighing no more than 75 pounds, per week. Each bag must have a sticker affixed. The Board of Health reserves the right to have its agent evaluate the size of the remodeling project and when necessary require the homeowner rent a roll off container. This will generally be required when the project will generate more than 10 cu. yds. of waste.

5.2 Curbside refuse collection restrictions:

5.2.1 No items listed in Section 4.1 (Recycling Materials) of this Regulation shall be allowed in household refuse.

5.2.2 Items that shall be disposed of at the drop off site (see Section 7.1 of this Regulation) will not be collected at curbside.

5.2.3 Explosives and ordinance materials, pathological wastes, hazardous chemicals, radioactive materials, motor oil, sludges, highly flammable substances, antifreeze, automotive parts, crankcase oils, cesspool or other human wastes, pesticides, human and animal remains, dead animals, logs, unburnable construction materials and demolition debris, cleaning fluids, cutting oils, asbestos, oil-based paints, acids, caustics, poisons, pesticides, ammunition, or other hazardous or infectious materials shall not be disposed of with household refuse.

5.2.4 Fireplace ashes are allowed, but they must be cold before placing at the curbside.

5.2.5 Christmas Trees will not be collected, but may be dropped off at a location that will be designated by the Board. Wires and ornaments shall be removed from the trees and wreathes. Trees shall be removed from carrying bags.

5.2.6 Grass Clippings are not permitted refuse at the curbside and should be composted on resident's property.

Section 6: Curbside collection

6.1 Collection Schedule:

Refuse and recycling collections shall take place according to a collection schedule that is on file at the Board of Health office, and may be modified at any time by the Board.

6.2 Recycling:

Recycling collection shall take place biweekly from each Residence on the same day as refuse collection.

6.3 Refuse:

Refuse collections shall take place weekly from each residence.

6.4 When to Place Refuse and Recyclables at Curb:

Refuse and recyclables shall not be placed at the curb before 6 am on the morning of the collection.

6.5 Scavenging of Refuse and Recyclables:

There shall be no scavenging and taking refuse or recyclables that have been placed at curbside for collection, unless permitted by the owner of the refuse and indicated by signage placed on the items at curbside.

Section 7: Drop-off collection

7.0 Drop-off collection

7.1 Items permitted at drop-off collection:

7.1.1 Items that may be brought to the drop-off site for disposal include small appliances made of 50% or more metal, Large Appliances, tires, cathode ray tubes (CRT) (including computer video display terminals, televisions, etc.), computers, empty propane tanks (small), car batteries, mercury-containing items (including thermometers, thermostats), and fluorescent light bulbs.

7.1.2 Brush will be chipped at the drop off site on designated first Saturdays of the month. Designated Saturdays will be publicized by the Board of Health.

7.1.3 The Board reserves the right to add to the list of items designated for drop-off collection from time to time and the Board shall publicize the changes.

7.1.4 All items permitted at the drop-off collection are prohibited from curbside recycling or refuse collection.

7.2 Drop-off collection schedule and procedures:

7.2.1 Drop-off collection is available at the Department of Public Works (DPW) barn on Winter Street on the second Saturday of the month, between 8 am and noon, except when the first Saturday falls on a holiday or as otherwise posted by the Board.

7.2.2 There are fees for collection of some drop-off items. See Section 8.3 (Fees: Drop-off Collection).

7.3 Drop-off collection restrictions:

No curbside recycled or refuse items shall be brought to the drop off site.

Section 8: Fees

8.1 Curbside recycling:

There is no fee for disposal of approved recyclables at the curbside, and no limit to the number of recycled items provided the homeowner participates in our trash program as well. The Board of Health reserves the right to bill a homeowner who chooses to set out recyclables only. Failure to pay the assessed fee will result in termination of the recycling service for that household.

8.2 Residential refuse:

8.2.1 For each container, bag or item of household refuse or Large Object placed at curbside, a valid sticker must be purchased and attached to each item as described in Section 5.1.1 through 5.1.6. Stickers are provided by the Board and are sold at the Maynard Town Building during regular office hours and at various stores in Maynard. A list of stores selling stickers can be obtained from the office of the Board. The cost of the sticker is determined by the Board of Health and may be modified from time to time to offset the cost of curbside refuse collection.

8.2.2 The number of stickers required on the additional item or Large Object is indicated in sections 5.1.4 through 5.1.6 of this Regulation..

8.3 Drop-off collection:

8.3.1 The following items may be disposed of at the drop-off site for a fee.

• Drop-off Item
• Tires with no rim
• Tires on the rim
• Truck tires and car batteries
• Ranges and other large metal appliances
• Items containing chlorofluorocarbons (such as refrigerators, air conditioners, compressors, etc)
• Refrigerators without chlorofluorocarbons
• Empty propane tanks
• Microwaves
• Cathode ray tubes (CRT): (televisions, video display terminals)

8.3.2 The cost of disposing of items at the drop-off collection site is determined by the Board and the schedule of fees is posted at the drop-off collection site and is available at the Board of Health office. Other permitted drop-off items listed in Section 71, but not listed in Section 8.31, may be disposed of free of charge. The fee schedule may be modified by the Board from time to time to offset the costs of operating the drop-off site and disposing of or recycling the drop-off items.

Section 9: Licensing of Trash Haulers to Remove, Transport and dispose of offensive materials and trash collected in the town of Maynard.

9.1 No person shall collect, transport, or dispose of sewage, septage, offal, garbage, rubbish, or any other offensive material within the Town of Maynard unless a permit to do so has been obtained from the Board.

9.2 No person shall transport sewage, septage, offal, garbage, rubbish, or any other offensive material through the town unless he has registered his intent to do so with the Board, and the Board has approved said registration.

9.3. Each applicant for a permit or registration issued under regulations 9.1 and 9.2 shall pay a fee as determined annually by the Board for said permit or registration.

9.4. Each permit and/or registration issued under these regulations shall expire on June 30th of the year in which it is issued. Subsequent year permits shall run July1st to June 30th of the following year.

9.5. The Board may place restrictions on said permit or registration when it finds that certain conditions warrant such restrictions.

9.6 Household trash collected as part of a route by a licensed hauler shall be disposed of only at the Wheelabrator Millbury Plant off of Rte. 20 in the town of Millbury, MA. Said plant has an exclusive contract with the town of Maynard through June 30, 2008 for disposal of all household trash collected in Maynard.

9.7 A licensed hauler of household trash in the town of Maynard must supply a

list of their customers at the time of applying for a license or renewal of their license in July of each year.

9.8 Exception to 9.6

A contractor who is in the business of cleaning out basements and attics or construction debris must obtain a license from the town of Maynard, but does not have to dispose of the cleanout waste at the Wheelabrator Millbury Plant. Said contractor is considered a one time contract with an individual homeowner and need only inform us of the disposal location as part of the license application process.

9.8 Exception to 9.9.7

The sole source contractor licensed by the town of Maynard does not have to submit a list of customers to the Board. His contract with the town is to provide trash collection to all households of between 1 to 4 units. The town presumes the contractor is servicing all such units

Section 10: Licensing & Regulations for Dumpsters.

Part A -Permanent Dumpsters

10.1 No dumpster shall be used or kept in the Town of Maynard after June 30, 2005 unless a dumpster permit has been issued to the Owner by the Board of Health.

10.2 Dumpster permits shall expire on June 30 in the year they are issued, but may be renewed for a period to run July1 to June 30 of the following year.

10.3 The annual fee for each dumpster permit shall be established by the Board of Health and is subject to change periodically.

10.4 The Owner shall ensure that each dumpster is placed on a concrete or macadam pad and is so located as to not interfere with the health, safety, or well-being of any business or neighbor.

10.5 Each dumpster shall be of sufficient capacity to contain all accumulated material without overflowing, and shall be emptied on a regular basis or when full.

10.6 Each dumpster used in whole or part for the storage or transportation of garbage, offal or other offensive substances shall be fitted with a tight-fitting lid or cover, which shall meet the requirements of the Fire Code and be kept closed at all times except when being filled, cleaned or emptied. Said lid shall be kept locked between 11 pm and 7 am.

10.7 No dumpster shall be used for the disposal of liquids or organic matter unless it is emptied on a daily basis.

10.8 The Owner shall ensure that each dumpster and the area immediately surrounding it is kept free of obnoxious odors, flies, insects, debris, overflow and all other nuisances.

Part B- Temporary Dumpsters.

1) A permit must be obtained from the Board of Health for

each temporary dumpster located in the Town. A permit will be valid for up to 30 days before a renewal and a new fee is required.

2) The fee for a temporary dumpster permit shall be as established by the Board of Health and may be changed periodically.

3) Temporary dumpsters placed on a public or private way shall be equipped with reflective devices to warn motorists that a dumpster is present. The Police Department must be notified when a temporary dumpster is to be located on a public or private way in the Town.

4) Temporary dumpsters must have a covering when full and being removed from their location.

Section 11: Enforcement

1) The provisions of these regulations shall be enforced by the Maynard Board of Health or its agents.

2) Anyone violating any portion of these regulations will receive a citation under the non-criminal disposition by-law of the Town.

3) A new citation will be issued for each new day that the non-compliance occurs.

4) For continued non-compliance or failure to pay fines, a criminal complaint will be filed in the District Court.

5) As a result of criminal proceedings, the Board may suspend or revoke any dumpster or Contractor's permit.

Section 12: Penalties

The Maynard Board of Health shall promulgate fines and penalties for violation of this regulation.

12.1 Failure to Recycle:

Residences that do not recycle will receive a warning ticket for the first violation, and then will be fined $25 per incident for subsequent violations.

12.2 Disposal at Location Other than Residence:

Disposal of solid waste at a location other than in front the residence in punishable by a $25 fine.

12.3 Disposal on Public Property:

Disposal of solid waste on public property is punishable by a fine of $500.

12.4 Scavenging of Solid Waste:

Scavenging and taking solid waste that have been placed at curbside for collection is punishable by a $25 fine, unless permitted by the owner of the refuse and indicated by signage placed on the items at curbside.

12.5 Failure to license as a waste hauler.

12.6 Failure to register a dumpster.

Section 13: Severability

If any provisions of this regulation are declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.

Section 14: Effective Date:

The prior version of these Regulations were approved and signed on May 14,2002 and became effective on July 1,2002. These Regulations were revised on June 2,2004 and the revisions became effective as of July 1, 2004.

Signatories of the current revision approved on June 15,2005 were:

• Paul Jacques, Chairman
• Ron Cassidy
• Deborah Barnard

June 2, 2004: Revision made to section 3, section 51, and section 8.2

Paul Jacques, Chairman
Ron Cassidy
Deborah Barnard