Chapter 153 Refuse and Recycling
Adopted December 20,1999
Section 153-1 Purpose
The purpose of this chapter is to provide rules for the permitting of refuse haulers, and to
govern the storage and disposal of waste and recyclable materials in the Town of Williamstown.
S. 153-2 Statutory Authority
This chapter is adopted under the authority of MGL c. 111, s31, s31A, s31B and any other power thereto enabling.
The Town of Williamstown requires all residents and businesses to implement a program of recycling in conjunction with ordinary waste disposal (Chapter 56 of the Code of the Town of Williamstown). In addition, the Board of Health requires that all persons obtaining a permit to haul refuse must institute a program of collection of refuse and recyclables.
In this chapter, the following terms have the meanings indicated.
BOARD – The Williamstown Board of Health or its designated representative.
BOARD OF HEALTH The Williamstown Board of Health.
COMMERCIAL PERMIT – Permit to Haul Refuse and Recyclables issued by the Board of Health to those businesses engaged in collecting and transporting refuse and recyclables for residential, commercial, or industrial facilities.
PERSON – Every individual, partnership, corporation, including municipal corporation, firm, trust, association, or agent(s) of any of them, including lessee, and licensee conducting an activity governed by this chapter.
RECYCLABLES – Material that has the potential to be recycled, is pre-sorted and not contaminated by significant amounts of toxic substances.
Recyclables include, but are not limited to:
- All containers including: glass bottles and jars; aluminum cans and foil and lids; tin/steel cans and lids; plastic bottles, jars, tubs, microwave trays/containers; milk and juice cartons (tent top) and drink boxes.
- Paper products, including: paperback books and phone books without covers; junk mail without plastic windows and wrappings; boxboard without plastic liners or waxed paper; newspapers and inserts; magazines and catalogues; brown paper bags; white and colored and computer paper; flattened corrugated cardboard without tape, staples, or string.
- Leaves and Yard Waste.
- Scrap Metal, including white goods and appliances.
- Automobile products, including motor oil, antifreeze, oil filters, and automotive batteries.
- Cathode ray tubes (television and computer monitor tubes).
- Paints, varnishes, and thinners to be dropped of as directed by the Williamstown Transfer Station.
Other materials as determined by the Board of Health
REFUSE – Solid Waste
RESIDENTIAL PERMIT -Transfer Station Permit issued by the Town of
Williamstown to residents to allow disposal, at the Town of
Station, of refuse and recyclables generated at their residences.
A. All persons collecting, removing, and/or transporting solid waste and/or recyclables on a commercial basis must obtain an annual permit from the Williamatown Board of Health.
B. All commercial permit applicants must submit, along with the permit application, a recycling plan detailing the method of collection and disposal and/or distribution of solid waste and recyclables.
C. All residents of the Town of Williamstown who transport their own refuse and/or recyclables to the Town Transfer Station must first obtain a permit from the Treasurer/Collector’s office.
s. 153-6 Collection of Refuse and Recyclables
A. All vehicles used for the collection and/or transport of refuse and/or recyclables shall be constructed and loaded in such a manner as to prevent their 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.
B. All persons must recycle all materials determined to be recyclable by the Board of Health.
C. A hauler holding a commercial Refuse Hauler’s permit must provide recycling to all residential and commercial customers.
D. All residents and businesses shall have a sufficient number of durable, watertight containers to protect all refuse and recyclables from weather and animals. Containers shall not be put out until the day of collection.
E. All solid waste and recyclable materials must be delivered to an appropriate disposal facility (solid waste) or recycling facility (recyclable materials).
s. 153-7 Yard Waste
A. Yard waste shall not be mixed with any household waste or trash, nor any hazardous or toxic material.
B. Yard waste shall not be set out with regular trash for collection.
C. Yard waste may be composted on the property on which it was generated, or it may be transported to the Town of Williamstown Transfer Station composting area by those holding a residential permit, at a fee determined by the Board of Selectmen.
D. Leaves and yard waste brought to the Transfer Station must be emptied from the bags or containers used to transport the yard waste.
s. 153-8 Reports
Commercial permit holders must provide a collection/disposal report to the Williamstown Board of Health, on the form provided by the Northern Berkshire Solid Waste Management District.
S. 153-9 Enforcement
A. The Board shall have the authority to enforce these regulations and permits issued thereunder by:
1. inspection and investigation;
2. the issuance of violation notices and administrative orders;
3. and/or civil and criminal court actions.
B. Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations is subject to a fine as stated in Chapter 1, General Provisions, Article II, Non-criminal Disposition, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
C. The Board of Health may, after written notice, suspend or revoke the commercial Refuse Hauler’s permit for violations of this chapter.
s. 153-10 Waivers
The Board of Health may, in its discretion, waive compliance with a particular requirement of these regulations when, in its opinion:
A. The enforcement of the regulation would do manifest injustice; and
B. The applicant has proved that the same degree of protection of the public health, safety and welfare can be achieved without strict application of the particular provision. Any alternative means of protection shall be detailed and documented by the applicant to the satisfaction of the Board of Health.
s. 153-11 Appeals
Unless otherwise provided, any person aggrieved by the decision of the Board of Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
s. 153-12 Severability
If any portion, or sentence, clause or phrase of this regulation shall be held invalid for any reason, the remainder of this regulation shall continue in full force and effect.
s. 153-13 Effective Date
The effective date for this chapter is January 1, 2000.