Solid Waste Regulations

TOWN OF SHEFFIELD BOARD OF HEALTH
Regulations for Refuse and Recycling Collection
Adopted November 13, 2001

THE TOWN OF SHEFFIELD HAS A MANDATORY RECYCLING REGULATION OR ORDINANCE THAT REQUIRES ALL RESIDENTIAL, COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL PROPERTIES TO RECYCLE. ALL PERSONS COLLECTING, REMOVING, AND/OR TRANSPORTING SOLID WASTE AND/OR RECYCLABLES, MUST OBTAIN AN ANNUAL PERMIT FROM THE BOARD OF HEALTH, AND MUST COMPLY WITH THE FOLLOWING BOARD OF HEALTH REGULATIONS.


A. RULES – GENERAL

  1. Collection vehicles shall carry a copy of the Town of Sheffield Refuse Hauler Permit at all times.
  2. Hauler shall only collect for disposal those items acceptable for disposal according to 310 CMR 19.107(3), commonly known as the “Recycling Rules” of the Massachusetts Department of Environmental Protection (DEP). Acceptable waste shall be defined as household garbage, trash, and rubbish. Everything else picked up for collection must be recycled and/or composted. Please refer to the attached list of items banned from acceptance at Massachusetts disposal facilities.
  3. Improper disposal of waste may be cause for immediate and permanent revocation of the hauler’s permit, and prosecution to the fullest extent of the law. “Improper disposal” shall include disposal of recyclable materials with trash.
  4. Haulers shall provide, or require their customers to put refuse in, secured, covered containers to prevent littering.
  5. The Board of Health retains the right to define and determine “nuisance” conditions. (MGL CH. 111 Sec. 122)
  6. In the event that the hauler refuses to collect any materials, haulers will notify such customers of the reason(s) for refusal to collect the waste. The Board of Health or its designee will, where possible, assist hauler in helping customers come into compliance with these regulations.

B. RULES – RECYCLING:

Hauler must submit, along with permit application, a recycling plan detailing how the hauler will comply with the terms of these recycling regulations. For purpose of these regulations, incineration of waste is not considered recycling. Composting of certain biodegradable elements of the waste stream may be acceptable as recycling. Hauler must demonstrate, in the recycling plan, a method for ensuring that customers exclude from the waste stream all items banned from disposal at solid waste disposal facilities. Hauler’s Recycling Plan must include a description of how customers will be notified of improper recycling or trash disposal methods. Hauler must distribute educational materials, minimally on an annual basis and immediately to all new customers, in an effort to promote recycling and proper disposal of items banned from the waste stream.

Haulers must recycle all materials banned for disposal at solid waste disposal facilities by the Massachusetts Recycling Regulations 310 CMR 19.107 (3).

Recycling services must be provided to customers as a part of the hauler’s provision of integrated waste management services that include the collection of both solid waste and recyclable materials, and the delivery of these materials to the appropriate disposal facility (in the case of solid waste) and recycling processing facility (in the case of recyclable materials).

Haulers are required to collect recyclable paper products and recyclable container materials (glass, plastic, aseptic milk and juice cartons, aluminum and metal cans).

A list of all residential, municipal, institutional, and commercial/industrial customers must be provided within thirty days of the submittal of application for a haulers permit, and annually thereafter prior to renewal of annual permit.

Haulers must provide a semi-annual report, broken out by month, of the following data:  actual tonnage of refuse collected and disposed of, recyclables collected (in tons), and name and location of the approved facility to which said materials are brought. Copies of weight slips for solid waste, supporting this data, must be provided. If actual weights are not available, a verifiable per-unit average is acceptable. To figure the average, hauler should divide the total amount collected during the time period, divided by the total customer count served during the period. All recyclables shall be reported by category and tonnage. Failure to submit this report is cause for non-renewal of permit. Please note: Haulers are exempted from this requirement if all collected recyclables are brought to the town’s transfer station. Haulers bringing all collected recyclables to the Springfield MRF on behalf of the Town (as a “Designated Hauler”) are exempted from reporting the recyclable tonnage.

The Board of Health reserved the right to impose reasonable fees pursuant to these regulations, subject to applicable State regulations.

The Board of Health reserves the right, through its Agents or designees, to monitor collection vehicles, loads, and routes at reasonable times in order to ensure that all hauler services comply with all applicable state and local laws, by-laws and regulations.


C. REVOCATION:

Vehicle safety violations shall be caused for immediate revocation of hauler’s permit. The Board will consider reinstatement after review of such safety violation(s) by the Board or its designee.

No vehicle shall be driven or moved on any street or highway within the Town unless such vehicle is so constructed and so loaded as to prevent its contents from spilling, dropping, shifting, leaking or otherwise escaping therefrom. Vehicles loaded with any material which may be blown about by the wind shall be suitably covered to prevent the contents from being blown upon the streets or highways. Failure to comply with the requirements of this regulation could result in the loss of the refuse hauler’s permit and a complaint filed with the courts. Penalties are punishable by a fine and possible loss of driver’s license, subject to MGL CH. 270 Sec. 16.

The individuals empowered to enforce the provision of these regulations shall be the Agent of the Board of Health, any member of the Board of Health, and person so designated by the Board of Health, or any Police Officer of the Town.

Following a public hearing called for such cause, subject to MGL Chapter III, Section 127B, a refuse/recycling permit may be suspended, modified or revoked by the Board of Health upon receipt of evidence satisfactory to the Board that the hauler has not conformed with the requirements of these regulations or such further regulations as may be adopted, or with any applicable state or federal stature, regulation, rule or order regarding collection, transportation or disposal of solid waste and recyclable materials. The Board of Health may issue an order to fix the stated problem within a stated time frame. Appeals of such suspensions, modifications or revocations may be made pursuant to MGL: Chapter 30A, Section 14.


SEVERABILITY:

In the event that any provision of these regulations shall be deemed invalid, unreasonable, or unenforceable by any court of competent jurisdiction, such provision shall be stricken from these regulations or modified so as to render it reasonable, and the remaining provisions of these regulations or the modified provision as provided above, shall continue in full force and effect and be binding upon the parties so long as such remaining or modified provisions reflect the intent of the parties as of the date of these regulations. Further, should these regulations omit any statutory or regulatory requirements which would otherwise render these regulations illegal, then these regulations shall be deemed amended to the minimum extent necessary to comply with said statues or regulations.

Pursuant to the 105 CMR 410, property owners are responsible for providing trash and recycling services for dwellings with three or more units.


ANTI-SCAVENGING:

It will be a violation of this regulation for any unauthorized person to collect or remove, or cause to be removed, any recyclable or waste materials that have been set out for collection or have been deposited at the Sheffield Recycling Center, unless such person or persons are expressly authorized by the Board of Selectmen for this purpose. Any and each unauthorized collection or pickup in violation hereof shall be considered a separate offense punishable as hereinafter provided.

Notwithstanding any other provision of law, any person who violates the provisions of this regulation may be penalized by non-criminal disposition as provided in MGL Chapter 40, Section 21D according to the following schedule:

  • First violation: written warning and meeting with Board of Selectmen and hauler to address issue
  • Second violation: $150.00 per incident
  • Third and subsequent violations: $300 per incident