Dumpster Regulations - Removal, Transportation, Storage of Garbage, Rubbish, Offal or Other Offensive Substances

CITY OF METHUEN DUMPSTER REGULATIONS FOR THE REMOVAL, TRANSPORTATION AND STORAGE OF GARBAGE, RUBBISH, OFFAL OR OTHER OFFENSIVE SUBSTANCES

The Board of Health, City of Methuen, Massachusetts in accordance with, and under the authority granted by Sections 31A and 31B of Chapter 111 of the General Laws of the Commonwealth of Massachusetts hereby adopted the following rules and regulations at the meeting of

This regulation shall take effect April 1, 2018

SECTION 1.0       DEFINITION:

Collection Bin:  Any container (other than a conventional trash barrel) with a lid that is used for soliciting and collecting of clothing, shoes, textiles, books, household items and other salvageable personal property.

Dumpster:    Any container (other than a conventional trash barrel) with a lid intended for the storage of rubbish, garbage or refuse of any sort.

Person:       Any individual, business firm, contactor, corporation, applicant, property owner or agent.

Charitable Organization:  An organization that is exempt from taxation pursuant to Section 501(c) (3) of the United States Internal Revenue Code.

For Profit Company:  A corporation that is intended to operate a business which will return profits to the owners.

Temporary Dumpster:  Any container (other than a conventional trash barrel) intended for the temporary storage of rubbish, garbage, or refuse of any sort for a defined period of time.

Property Owner:  The person or entity having legal title to real property and/or the person shown as the owner of the property on the current assessment rolls of the City.

Contractor:  Individual, organization, property owner or business that is responsible for the maintenance and care of a dumpster or collection bin.

Authorized Agent:  Party that has expressed (oral or written) or apparent authority to act for the owner to enter into contractual relationships with other partners.

Agent of the Board of Health:  A person authorized by the Board of Health to inspect and enforce regulations.

SECTION 2.0       PRE-INSTALLATION REQUIREMENTS:

2.1     No person or property owner, authorized agent, charitable organization or corporate entity shall maintain or operate a trash or refuse dumpster or collection bin, with a volume capacity at least six (6) cubic yards, without first obtaining a permit from the Board of Health at least three (3) days prior to installation.

2.2     The permit fee shall be in accordance with the current Board of Health fee schedule, per establishment based on a one-time fee paid with the initial completed application.  The completed application shall be on a form supplied by the Board of Health and renewed annually.  Any change in use, name or change in ownership shall require a new application and fee submitted to the Board of Health.

2.3     Dumpster and collection bin permits may be suspended or revoked by the Board of Health for failure of the dumpster or collection bin contractor or property owner/owner’s agent to comply with the requirements of these regulations.

2.4     These regulations apply to all dumpsters and collection bins in the City of Methuen, whether for residential, commercial or industrial use.  Exempt from these regulations are dumpsters/collection bins located on City owned property.

2.5     All organizations having a collection bin located at a property must have a written agreement with the property owner/agent  indicating  permission to  locate collection bins at property and clearly define who is responsible for all aspects of  the collection bin.

SECTION 3.0       CONTRACTOR’S RESPONSIBILITIES

3.1     The contractor shall have the dumpster(s) or collection bin deodorized, washed or sanitized as necessary at the time of emptying, on a routine basis or as directed by the order of the Board of Health.

3.2     The emptying of the contents of the dumpster(s)/collection bin(s) by the contractor shall not commence before 7:00 A.M. and not continue after 9:00 P.M.  The Board of Health may modify these hours, if, in its reasonable judgment, is convinced that the public health and safety or public welfare would be better served and a nuisance would not be created.  The Board of Health shall be guided in this regard by the location, proximity to residential property, frequency of emptying, resulting noise and other factors deemed appropriate.

3.3     The contractor shall have his/her name and business telephone number conspicuously displayed on each dumpster/collection bin.

3.4     No truck that hauls dumpster or collection bin contents shall be used to transport hazardous or biological materials or waste.

3.5     The Board of Health may attach any condition(s) to the license of a removal contractor that it deems would serve in the best interest of the health, safety, welfare and quality of the life of the citizens of the City.

3.6     All dumpsters and collection bins shall be rodent proof.  For those dumpsters or collection bins that do not have their drain plug in place and have a hole located in the lower center if the rear wall of the container, the drain plug must be replaced or a permanent seal secured with a sheet metal or wire mesh strong enough to prevent rodents from entering the dumpster is required.  All holes in any dumpster or collection bin shall be less than ¼” in diameter.

3.7     Failure to comply with these regulations may result in a fine of up to three hundred dollars ($300) each day or portion thereof that the violation continues, as well as suspension or revocation of permits as deemed necessary by the Board of Health.

SECTION 4.0       AUTHORIZED AGENT/PROPERTY OWNERS’ RESPONSIBILITY

4.1     Each dumpster or collection bin shall be located at an approved location at an approved distance from the lot line so as not to interfere with the safety, convenience or health of an abutter.  The location shall be approved by the Board of Health.

4.2     Each dumpster or collection bin shall be located a minimum of twenty(20) feet from any industrial, commercial or residential building and a minimum of ten(10) feet from any lot line, right of way, side walk and easement or due to site constraints, to the maximum distance allowable with said constraints.

4.3     All permanent dumpsters or collection bins shall be located on material impervious to water (asphalt, concrete, etc.) unless otherwise approved by the Board of Health.

4.4     Each dumpster or collection bin shall be located a minimum of twenty (20) feet from any wetland resource area.  The location in proximity to wetlands must be approved by the Methuen Conservation Commission or agent thereof.

4.5     No more than two (2) collection bins will be allowed at any location.

4.6     The Board of Health hereby requires all dumpster sites other than temporary sites to be enclosed or screened with permanent, solid fencing and locking gates.  These gates are to be closed at all times except when in the process of placing refuse in the dumpster or when the contractor is emptying its contents.

4.7     It shall be the responsibility  of the owner or agent whose property is being serviced to maintain the dumpster area free from odors, scattered debris, overflow and all other nuisances  including, but not limited to odors, insects and rodents and graffiti .

4.8     It shall be the responsibility of the individual, property owner or organization listed in the agreement for the collection bin to maintain the collection bin area free from odors, scattered debris, overflow and all other nuisances.

4.9     It shall also be the responsibility of the owner or agent whose property is being serviced by the dumpster(s) to maintain the lid(s) in a closed condition at all times except when in the process of placing refuse in or removing refuse from the dumpster(s).

4.10   Dumpsters are to be used only by those individuals who are authorized by the owner or agent whose property is being serviced.  All unauthorized use shall be considered trespass of private property.  The owner or agent may post a sign stating: “Unauthorized use is prohibited by order of the Board of Health.”

4.11   No dumpster or collection bin shall be used to dispose of hazardous or bio-material or medical waste.

4.12   Dumpsters are not to be filled before 7:00 A.M. or after 9:00 P.M. for residential property or after the close of business for commercial property, at which time the lids are to be locked.

4.13   An inspection and sanitary survey of the dumpster or collection bin, enclosure area and surrounding area will be conducted by an agent of the Board to verify compliance with these regulations and Board of Health standards.

4.14   The Board of Health may attach any condition(s) to the dumpster or collection bin permit that it deems would serve in the best interest of the health, safety and welfare and quality of life of the citizens of the City.

SECTION 5.0                 TEMPORARY DUMPSTERS

5.1     No person or property owner, authorized agent or corporate entity shall maintain or operate a temporary dumpster (gondola or roll off type) without first obtaining a thirty (30) day permit from the Board of Health at least three (3) days prior to installation.  Said permit may be renewed for an additional thirty (30) days upon re-application.  The property owner or authorized agent shall comply with all the provisions of these regulations which are applicable to the operation of a dumpster for on-site use by construction, renovation or repair firms.

5.2     The fee for each temporary dumpster permit shall be set by the Board on the approved fee schedule.

5.3     An inspection and sanitary survey of the temporary dumpster and surrounding area may be conducted by an agent of the Board to verify compliance with Board of Health standards.

SECTION 6.0       ENFORCEMENT

6.1     Random inspections and sanitary surveys of in-place dumpsters, collection bins, enclosures and surrounding areas may be conducted by an agent of the Board to verify compliance with these regulations and Board of Health standards.

6.2     All violations of state and local regulations shall be corrected in accordance with said regulations.

6.3     If corrective action as ordered by the Board of Health or its agent is not taken by the property owner or authorized agent within the time limit set forth by such order, the Board shall take such legal action as necessary to correct the violation.

6.4     The Board of Health at its discretion may levy fines upon the authorized agent/property owner in accordance with M.G.L. Chapter 40 Section 21D.  Fines will be three hundred ($300) dollars per violation.  Each day that the violation remains uncorrected constitutes a separate violation.

6.5      Individual has the right to appeal any violation to the Board of Health

SECTION 7.0       SEVERABILITY

7.1     If any provision of this regulation is held to be unconstitutional or in violation of state law, it shall not affect any other provision or administration thereof.

SECTION 8.0                 VARIANCE

8.1     Any individual may apply to the Board of Health in writing for a variance from these regulations.

SECTION 9.0       DATE OF EFFECT

The Methuen Board of Health adopted these regulations on November 14, 2017 to take effect on April 1, 2018.  These regulations shall super cede and replace any and all Methuen Dumpster Regulations prior to November 14, 2017.