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HomeMy Public PortalAboutRecycling Center RegulationTOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT. 1120 FAX: (508) 896-4538 BRHEALTH@TOWN.BREWSTER.MA.US BREWSTER RECYCLING CENTER REGULATIONS I. PURPOSE AND AUTHORITY These regulations are promulgated pursuant to the provisions of Massachusetts General Laws, Chapter 111, Sections 31 and 31B, and are intended to protect the public health, safety and environment within the Town of Brewster by regulating the collection, storage, transfer, recycling and disposal of solid waste at the Brewster Recycling Center located at 201 Run Hill Road. These regulations apply to all individuals, contractors, companies, firms or organizations collecting, storing or transporting solid waste, including recyclables, within the Town of Brewster and shall govern the safe handling, transport and disposal of such solid waste, as defined by Massachusetts General Laws, Chapter 111, Section 150A. It is intended that only solid waste generated within the Town of Brewster shall be permitted to be disposed at the Brewster Recycling Center. These Regulations shall become effective on December 6, 2013 and are intended to replace, in their entirety, the Brewster Refuse and Transfer Station Regulations, originally effective June 2, 1987, and subsequently amended May 16, 1989 and March 17, 1998, which Transfer Station Regulations shall be repealed upon the effective date hereof. II. DEFINITIONS A. Brush: Tree branches, limbs and trimmings, brush, shrubs and vines cut in lengths not exceeding four (4) feet in length and not exceeding twelve (12) inches in diameter. Stumps with roots are not allowed. B. Building, Construction and Demolition Waste: All lumber, pipes, bricks, shingles, wall board, masonry and other construction materials resulting from the construction and/or demolition of buildings and/or other structures cut in size not exceeding four (4) feet in any dimension. C. Bulky Waste: Waste items of unusually large size including, but not limited to, large appliances, furniture, large auto parts, trees, branches, brush, bedding, mattresses, tires and plumbing fixtures. D. Commercial Wastes: Any refuse from manufacturing operations or commercial establishments such as, but not limited to, restaurants, markets, motels, campgrounds, mobile home parks, auto repair shops and non-public institutions. E. Compost: Decomposed organic materials, such as food and yard debris, and other nutritive matter that may be used to improve and fertilize soil. F. Freon-bearing Items: Freon is an organic compound commonly used as a refrigerant that is harmful to the earth’s ozone layer and the environment. Common Freon bearing appliances include refrigerators, deep freezers, air conditioning units, dehumidifiers, water coolers and pop vending machines. The U.S. Environmental Protection Agency requires that all Freon is properly captured and reclaimed. OFFICE OF HEALTH DEPARTMENT 2 G. Hazardous Waste: A waste, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used or disposed of or otherwise managed. From time to time, the Town will accept certain hazardous waste material from Brewster residents at a designated location during designated "Hazardous Waste Collection Days." H. Liquid Waste: Materials that drain freely or contain free draining liquids. Contained liquid wastes generated by the normal operations of a residential household, excluding septage, shall not be considered liquid waste unless expressly excluded through 310 CMR 19.017(3). I. Metal: Includes but is not limited to refrigerators, washing machines, clothes dryers, air conditioners, dehumidifiers, ranges, stoves, metal furniture and furnishings, appliances, structural members and pipes up to four (4) feet in length, wire and metal fencing in bundles up to four (4) feet in length and width, scrap metal, bicycles, lawn mowers, tubs, sinks, and single family residential furnaces. See also Freon-bearing items. J. Pay-As-You-Throw (PAYT): A system where residents pay for solid waste services per unit of waste disposed of rather than through only a fixed fee. PAYT was adopted by the Brewster Board of Selectmen in 2013 to encourage a higher rate of recycling and to reduce the Town’s trash volume. PAYT is effective October 1, 2013. Through PAYT, residents purchase official Town PAYT bags at local stores and utilize them for the disposal of trash. There is no fee for disposing recyclable materials. Every Recycling Center user must obtain a valid vehicle permit to enter the facility. The Board of Selectmen sets the fee for Recycling Center vehicle permits. K. Picking/Scavenging: Unauthorized removal of any products or materials from the Brewster Recycling Center. L. Private Transporters: Individuals who transport their own household refuse and/or that of one (1) neighbor. M. Recyclables: Any solid waste that can be processed or treated to be used again for which the Town of Brewster provides recycling services. N. Refuse: Solid waste materials, including garbage and rubbish, but excluding sewage, construction and demolition wastes, yard waste and recyclables. O. Septic Wastes: Liquid and solid wastes resulting from the emptying, cleaning, removal or repair of cesspools, latrines and/or septic tanks. These materials are not accepted at the Brewster Recycling Center. P. Solid Waste: Any unwanted or discarded solid material. Q. Special Waste: Any waste material accepted for disposal or recycling at the Brewster Recycling Center that requires special handling, for example, mercury and batteries. R. Yard Waste: Grass clippings, weeds, garden materials, shrub trimmings and clippings, leaves, pined needles, bark mulch, wood chips, and brush of less than one (1) inch diameter, excluding diseased plants. S. Unacceptable Waste: Any waste not accepted at the Brewster Recycling Center and not listed as acceptable in the Brewster Recycling Center’s Operator’s Plan as approved by the Board of Health. 3 T. Waste Ban: The Massachusetts Department of Environmental Protection (DEP) has identified certain components of the solid waste stream that it has determined should be prohibited or restricted from disposal at transfer facilities. The specific items of waste that are prohibited or restricted by the Department are set forth at 310 C.M.R. 19.017(3) and will not be accepted at the Recycling Center unless in accordance with those regulations and a Department approved disposal plan. U. Waste Hauler: Individuals, companies or organizations collecting and transporting refuse or waste on a contractual basis for a fee from private and/or commercial sources. V. White Goods: Typically large kitchen appliances. III. OPERATION A. The Brewster Recycling Center accepts all non-prohibited types of solid waste that originate in the Town of Brewster, including general refuse that is not otherwise recyclable. Each type of waste shall be properly placed in the disposal areas specifically designated for that type of waste within the Recycling Center facility. The Recycling Center then transfers the solid waste to other sites, and no longer operates as a landfill. B. The Brewster Recycling Center operator shall reject and prohibit the placement of materials which are considered to be detrimental to the operation of the Brewster Recycling Center or which constitute Waste Ban items, as defined by the Department of Environmental Protection in the regulations set forth at 310 C.M.R. 19.017(3). C. Only waste materials originating in the Town of Brewster shall be placed at the Brewster Recycling Center site, and such placement shall be in accordance with the regulations and directions for recycling and disposal of designated materials in designated areas. D. The operation and supervision of the Brewster Recycling Center is under the direction of the Superintendent of Public Works. The Board of Selectmen shall have the exclusive right to assess and collect reasonable fees for the use of the facility. E. The owner, operator, or other person in charge of a vehicle transporting refuse to be deposited in the Brewster Recycling Center, as a condition of such use, shall present evidence and/or answer any reasonable questions concerning the place of origin of that material as may be requested by DPW staff or management at the Brewster Recycling Center. F. Failure to comply with these regulations or to furnish credible evidence when requested shall be sufficient cause for the Board of Selectmen or its authorized representative to revoke, suspend, or modify a permit for the use of the Brewster Recycling Center which shall be enforced pursuant to Section IX of these Regulations. G. The hours of operation shall be established for the convenience of the general public. Use of the facilities, except during designated hours of operation, is strictly prohibited. H. All recyclable materials not otherwise banned as Waste Ban items by the Department of Environmental Protection in the regulations set forth at 310 C.M.R. 19.017(3), shall be disposed of in accordance with the Brewster Recycling Guide produced by the Brewster Recycling Commission, which is available at Brewster Town Hall, the Brewster Department of Public Works and online at Town website. I. All refuse which is not recyclable, compostable nor of the type which requires a special permit shall be bagged in official Town of Brewster PAYT bags, tied securely and deposited in the PAYT bin at the Brewster Recycling Center. All PAYT refuse shall be free of materials prohibited from disposal in the PAYT bin pursuant to Section VI below, as well as those items defined as 4 Waste Ban items by the Department of Environmental Protection in the regulations set forth at 310 C.M.R. 19.017(3). J. Picking/scavenging, as defined herein, is prohibited. The Board of Selectmen or their authorized representative may designate items available to the public such as mulching materials, wood chips, or “swap shop” items and the areas where they are available. IV. PERMITS AND FEES All users of the Brewster Recycling Center shall adhere to the permit policies and fees set by the Brewster Board of Selectmen. V. MATERIALS REQUIRING SPECIAL HANDLING A. Wood: All lumber shall be cut into a maximum length of four (4) feet in any dimension. B. Tires: Tires, with rims removed, from resident vehicles may be disposed of in the designated area. C. Freon-bearing items: All Freon-bearing appliances shall be delivered intact and disposed of in the designated area. D. Bulky waste: Shall be disposed of in the designated container. E. Mercury-bearing items: Should be handed to a Brewster Recycling Center attendant. F. Liquid motor products accepted at the Brewster Recycled Center: Should be handed to a Recycling attendant or placed in the designated area as directed by the attendant. G. All brush, trees, and lumber: Shall be disposed of in lengths not to exceed four (4) feet and width not to exceed twelve (12) inches in diameter. VI. MATERI ALS PROHIBITED FROM DISPOSAL IN THE PAYT BIN AS REFUSE Effective October 1, 2013, only trash in official Town Pay-As-You-Throw bags may be disposed of in the PAYT bin. Materials prohibited from disposal in the PAYT bin include, but are not limited to: A. Any substance or object that may attack, damage, or alter by any means the equipment, employees, or citizens engaged in the use and operation of the Brewster Recycling Center. B. Stumps. C. Gasoline, kerosene, alcohol, oil, tar, flammable or explosive gas or vapor or any material or substance which may generate or form a flammable, explosive, or combustible substance, fluid, gas, vapor, or mixture. D. Any substance at a temperature above 100 degrees Fahrenheit, or its burning point, or substance which, upon coming into contact with water, refuse or air will generate steam, vapor, fire, smoke, or toxic fumes. E. Poisons, cyanides, asbestos, or any other substance likely to generate poisonous substances that may interfere with, constitute a hazard to, or be dangerous to human beings, wildlife, or domestic animals. 5 F. Containers filled with hazardous liquids. G. Any waste containing human or animal tissues, entrails, offal, blood or other types of pathological wasted including formaldehyde. H. Any substance containing, or labeled as containing, radioactive wastes or explosive material. I. Any refuse likely to cause damage, injury, or loss to other persons or to the property of other persons who are lawfully entitled to use the Brewster Recycling Center for the discarding or recycling of their refuse, or to any person or equipment engaged in the treatment and disposal of such refuse for the Town of Brewster. J. Any substance or material defined as Hazardous W aste. K. Refuse or materials from the following: 1. The development of a building lot or the construction of any building or addition to any building thereon. 2. The development of a subdivision. 3. The construction, reconstruction, remodeling, repair, demolition or development of a business, industrial or commercial property. L. Commercial quantities of pharmaceutical or medical wastes. M. Fluorescent lighting fixtures and other mercury-bearing items. N. Any item defined as Waste Ban items by the Department of Environmental Protection in the regulations set forth at 310 C.M.R. 19.017(3). VII. REGULATIONS A. No one shall operate a commercial refuse collection company in the Town of Brewster without obtaining a permit from the Brewster Board of Health. The permit shall be renewed yearly as per Chapter 111, Section 31A of the General Laws of the Commonwealth. B. All persons collecting and/or transporting refuse in the Town of Brewster shall do so only in accordance with these regulations. C. Refuse from private homes for disposal at the Brewster Recycling Center shall be bagged only in Town of Brewster Pay-As-You-Throw imprinted bags and shall not include recyclable items. Recyclable items from private homes shall be separated from general refuse and disposed of in the separate recycling areas at the Brewster Recycling Center. D. All wastes must be containerized during transport either in bags, covered containers or covered vehicles. E. Refuse and recyclables shall be disposed of only in the Recycling Center in compliance with posted and written regulations as approved by the Brewster Board of Health. F. All wastes must be deposited in the designated area or in areas directed by the gate-keeper, operator, or attendant. Questions about how to handle or dispose of specific wastes should be directed to the gate-keeper, operator or attendant. G. All construction lumber and pipes shall be disposed of in lengths not to exceed four (4) feet. H. All waste motor liquids will be disposed of in the designated area. 6 I. The operator, gatekeeper and attendants have full authority to enforce all regulations in the absence of the Board of Health or its agent. VIII. RESTRICTIONS A. All vehicles entering the Brewster Recycling Center complex must have a current vehicle permit affixed to the vehicle in the designated location. B. No tree stumps, automobiles, toxic wastes, radioactive waste, pathological or hazardous waste, ammunition, flares, live animals, or chemicals are permitted to be disposed of at the Brewster Recycling Center. C. No unauthorized dumping, salvaging or foraging is permitted. D. No access is permitted to the Brewster Recycling Center except during posted business hours. E. No person shall remove any material including wood chips, fill or firewood without the approval of the gatekeeper, operator or attendant. F. No person shall deposit any refuse upon any of the approaches to, abutting properties, or any part of the Brewster Recycling Center except as directed. G. Animal carcasses will be disposed of in the designated area only after receiving permission from the gatekeeper. H. Anyone tampering with or damaging the gate or fence at the Brewster Recycling Center or disposing of refuse outside the Brewster Recycling Center will be subject to prosecution. IX. PENALTIES Whoever violates any provision of these regulations shall be punished by a fine of $100 per violation for the first offense and $200 per violation for the second offense, as provided in G.L.C. 111, §31B, as amended by St. 1992, c. 23, §14. Repeated violations may also result in revocation of the offender’s vehicle permit by the Brewster Board of Selectmen. X. SEVERABILITY If any provision of these rules and regulations is for any reason declared to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions or sections of these rules and regulations. 7 Adopted: November 26, 2013 Effective: December 6, 2013 Mary Chaffee, RN, PhD, Chairman Joanne Hughes, Vice Chairman Lemuel Skidmore, MS, MPH Annie Sherwood, RN Pat Ottolini, RN, MPA, CHA 8