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Chapter 5.4 Residential Refuse Collection Rules and Regulations
RULES AND REGULATIONS
FOR
RESIDENTIAL REFUSE COLLECTION
LICENSING AND OPERATION
Holden, Massachusetts
Adopted June 1, 1987

Authority: In accordance with the authority vested in the Town of Holden Board of Health, these regulations are hereby established.

Definitions:

1.      ACCEPTABLE WASTE : means all household garbage, trash, rubbish, refuse and combustible agricultural waste now normally generated and disposed of by or on behalf of the Town, but excluding (a) explosives and ordnance materials, oil, sludges, highly flammable substances, cesspool or other human wastes, human and animal remains, motor vehicles, farm or other large machinery, nonburnable construction materials and demolition debris and hazardous refuse of any type or kind such as cleaning fluids, crank-case oils, cutting oils, paints, acids, caustics, poisons, drugs, radioactive materials, fine powdery earth used to filter cleaning fluid and refuse of similar nature, (b) any item of waste exceeding six feet in any one of its dimensions or being in whole or in part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion, and (c) all other items of waste which SES Millbury reasonably believes would be likely to pose a threat to health or safety or the acceptance and disposal of which may cause damage to the Facility or be in violation of any judicial decision, order or action of any federal, state or local government or any agency thereof, or any other regulatory or applicable law or regulations.

2       RESIDENTIAL ACCEPTABLE WASTE : shall mean that acceptable waste generated within the Town of Holden as is now collected by or on behalf of the Town or disposed of by its residents, the source of which is residential households or municipal buildings located in the Town.

3.      FACILITY : shall mean the solid waste resource recovery plant operated by SES Millbury Company and located at 331 Southwest Cutoff Road, Millbury, Massachusetts.

4.      TIPPING FEE : means the cost per ton for disposing of quantities of RESIDENTIAL ACCEPTABLE WASTE at the FACILITY.

5.      TON : shall mean a "short ton" of 2,000 pounds.

6.      LICENSED REFUSE COLLECTOR : shall mean any person(s) or company who has applied for and obtained the appropriate license(s) to collect refuse within the corporate limits of Holden, Massachusetts.

7.      COLLECTION TIMES : the time period between 7:00 a.m. and 5:00 p.m. (prevailing time) Monday through Friday inclusive, with the exception of holidays observed by the Town of Holden.

8.      RESIDENTIAL HOUSEHOLDS : shall mean all inhabited dwellings up to and including three (3) family dwellings.

9.      REFUSE COLLECTION VEHICLE : shall mean any person(s) operating a vehicle used for deliveries of RESIDENTIAL ACCEPTABLE WASTE to the FACILITY. Said vehicle shall be in a safe clean condition, and in good repair, with the capability of mechanically dumping directly into the FACILITY waste pit, and which shall have a capacity of three (3) tons or more of ACCEPTABLE WASTE.

10.     WEIGHING FACILITY : shall mean the facility authorized by the Town to weigh each collection vehicle prior to and at the end of collection of each ACCEPTABLE LOAD.

11.     ACCEPTABLE LOAD : shall mean a load of RESIDENTIAL ACCEPTABLE WASTE collected by a LICENSED REFUSE COLLECTOR which has been weighed by the WEIGHING FACILITY and for which a load slip has been issued authorizing the disposal thereof at the FACILITY.

12.     SPECIAL WASTES : shall mean all wastes which do not meet the definition of acceptable waste.

13.     BOARD : shall mean the Town of Holden Board of Health or its authorized agent.

GENERAL :
Any persons engaged in the collection of solid waste and who are licensed by the Town shall collect household rubbish, paper, flattened cardboard cartons, garbage, and other waste materials from residential households in the Town of Holden, and shall remove said rubbish, paper, flattened cardboard cartons, garbage and other waste materials to an approved location or facility outside the limits of the Town of Holden in accordance with these rules and regulations as well as all other applicable laws and regulations.

LICENSING :
All persons collecting RESIDENTIAL ACCEPTABLE WASTE in the Town of Holden shall obtain a license from the Holden Board of Health prior to commencing with the collection of solid waste.

At the time of application (or as otherwise specified), the refuse collection company shall submit to the Board of Health the following information:

a.      a proposed schedule of those areas of town to be collected.

b.      a map of the town indicating proposed routes.

c.      a list of the residential customers by street address serviced by the collection company for each route (within 30 days of licensing).

d.      a list of references including but not limited to large commercial customers and municipalities.

e.      a description of the collection vehicle to be used including, but not limited to, the make, model year, type and size of compactor and the company name that shall appear on the vehicle.

f.      a projection of the tonnage of refuse that the applicant anticipates it will collect during each of the first three (3) months of the term of its license.

The Town reserves the right to require all RESIDENTIAL COLLECTION VEHICLES to have affixed on them any markings or legends as it may deem necessary from time to time.

It is a condition of the issuance of each license that the licensee enter into a Contract with the Town in the form attached hereto as Exhibit A.

INSURANCE AND BONDS :
Prior to the issuance of a license, the applicant will post for the faithful performance and payment of all sums due the Town under the license. The bond shall initially be in an amount equal to the greater of $5,000.00 or the amount obtained when the projected tonnage provided by the licensee in his application is multiplied by $20.00. At the Town's option the licensee may be required to increase the amount of the bond to an amount equal to the total of the dollar amount billed the licensee during the fourth, fifth and sixth months of the term of the license.

Each applicant shall furnish the Town with certificates from an insurance company licensed to do business in the Commonwealth of Massachusetts showing that he carries Public Liability Insurance in an amount of not less that $500,000 for injury or death of one person and $1,000,000 for injury or death of more than one person, and for damage to property in an amount of not less than $500,000.

The applicant shall make certain that the insurance policy which he provides the Town cannot be canceled prior to the issuance of a notice in writing to the Town not less than 30 days prior to the cancellation.

The license issued will be valid for a period of not more than one year and shall be renewed annually on the lst day of July.

OPERATIONAL PROCEDURES
The LICENSED REFUSE COLLECTOR shall be required to deliver all RESIDENTIAL ACCEPTABLE WASTE collected within the corporate limits of Holden to SES MILLBURY Resource Recovery Facility located in Millbury, Massachusetts.

As a means of controlling the amounts of materials delivered to the Facility the following procedures will be followed by the Licensed Refuse Collector.

A.      Each REFUSE COLLECTION VEHICLE will be weighed in Holden by an authorized weighing facility at the start of collection of each load and also after collection of said load has been completed.

B.      After an acceptable load has been weighed a load ticket shall be issued which will indicate the amount of material contained on a particular load. This load ticket shall also authorize the disposal of that particular load at the Facility and will be required by the Facility for admission.

C.      Each load of RESIDENTIAL ACCEPTABLE WASTE will also be weighed at the FACILITY to confirm the amount indicated on the load ticket and also to record the amount delivered at the FACILITY. Any deviation in weights will result in the load being rejected at the FACILITY.

D.      All LICENSED REFUSE COLLECTORS shall have established routes which have been approved by the BOARD and should take appropriate steps to operate according to these approved collection routes.

E.      Customer lists required shall coincide with the appropriate route and schedule. Revised customer lists shall be submitted to the Board on a quarterly basis and shall indicate any changes in the number of customers served on each street of each approved route. All new customers shall be indicated as well as those customers which have terminated their agreements with the LICENSED REFUSE COLLECTOR.

F.      The LICENSED REFUSE COLLECTORS shall collect acceptable wastes from their residential customers in Holden, provided that the RESIDENTIAL ACCEPTABLE WASTE is contained in barrels, plastic bags or tied bundles.

G.      The LICENSED REFUSE COLLECTORS may refuse to collect any residential waste if there is any indication that the material is not an acceptable waste or if it is not properly containerized. The LICENSED REFUSE COLLECTOR will notify his customer of the reason(s) for refusal of collecting the waste.

H.      The LICENSED REFUSE COLLECTOR shall take all reasonable care in collecting refuse. Refuse shall not be scattered about the streets or onto private property. Refuse which is accidentally spilled shall be immediately picked up by the collector and removed together with other wastes.

I.      The Town of Holden will submit a bill to the LICENSED REFUSE COLLECTOR for each load which has been authorized for disposal at the FACILITY. These bills will be sent on a periodic basis as may be deemed appropriate by the BOARD. The contractor shall remit payment in full within fourteen days of the billing date. If the contractor does not pay the unpaid balance within the fourteen day period, the Town will assess $100.00 or 2% of the unpaid balance whichever is larger as a late charge on the unpaid balance. Further, the LICENSED REFUSE COLLECTORS' rights of disposal at the FACILITY will be suspended until the outstanding balance is paid.

J.      The LICENSED REFUSE COLLECTOR shall allow agents for the Town to inspect his vehicle and any load if there is due cause or suspicion of any violations of any applicable laws.

K.      Any violation of these regulations and any other applicable laws or regulations by the LICENSE REFUSE COLLECTOR shall be grounds for suspension, modification or revocation of said license.

SPECIAL WASTES
In the course of collecting residential wastes, some items will not be of an acceptable nature. the LICENSED REFUSE COLLECTOR may choose to provide a special collection of items not acceptable at the FACILITY and dispose of these items at another facility provided he meets all other applicable federal, state or local statutes, laws or regulations. These "special wastes" are not required to be weighed by the authorized weighing facility.

The Town of Holden will not be responsible for procuring any contracts on behalf of the LICENSED REFUSE COLLECTORS for disposal of these special wastes.

The LICENSED REFUSE COLLECTOR is requested to submit records of any special wastes collected including but not limited to the amounts and the disposal facility where the loads were taken.

Any person(s) who collects only those wastes which are not acceptable wastes shall not be required to obtain a permit under these regulations.

INDEMNITY
The LICENSED REFUSE COLLECTOR will take all responsibility of the work and take all precautions for preventing injuries to persons or property; shall bear all losses resulting to him on account of the amount or character of the work; shall assume the defense of, and indemnify and hold harmless the Town of Holden, its officers, agents and servants from all claims relating to labor and materials furnished to the work, the invention, patent and patent rights used in doing the work; to injuries to any person or corporation received or sustained by or from the LICENSED REFUSE COLLECTOR and his employees doing the work, in consequence of any improper materials, implements, or labor used therein; and to any act, omission or neglect of the LICENSED REFUSE COLLECTOR and his employees therein.

SUSPENSION OF PERMITS
Any refuse collection license may be suspended or revised by the Director of Public Works, upon receipt of evidence satisfactory to the Director that the licensee has not conformed with the requirements of these regulations or such further regulations as may be adopted to the collection and disposal of rubbish or upon recommendation of the Board of Health. Appeals of suspension shall be directed to the Board of Health, who, upon presentation of pertinent information, may suspend, modify or uphold the action of the Director of Public Works.

SEVERABILITY
Each of these regulations shall be construed as separate to the end that if any regulation or sentence, clause, or phrase thereof shall be held invalid for any reason, the remainder of that regulation and all other regulations shall continue in force.

revised 7/8/91

EXHIBIT A

TRASH COLLECTION CONTRACT

This Contract is between the TOWN OF HOLDEN (the "Town") and                    

                                                                                                        

                                                                        (the “Licensee”).

WHEREAS, the Town is willing to issue to the Licensee a license to collect residential refuse within the Town (the "License") provided that the Licensee enters into this Contract;

NOW, THEREFORE, in order to induce the Town to issue the License to the Licensee, the Licensee agrees with the Town as follows:

1.      The License is issued subject to and the Licensee agrees to abide by the Rules and Regulations for Residential Refuse Collection Licensing and Operating of the Town as the same may be amended from time to time (the "Regulations").

2.      The Licensee deposits herewith a bond as required by the Regulations and agrees that said bond is issued to secure Licensee's faithful performance hereunder and the payment by the Licensee of all sums the Licensee is required to pay to the Town under the License.

Executed as a sealed instrument this                    day of                          , 199 .


LICENSEE                                                TOWN OF HOLDEN

                                        
By                                              
                                        

By                                                      Title:                                          

License No.                             

RESIDENTIAL REFUSE COLLECTION PERMIT APPLICATION

NAME OF APPLICANT:                                                                              

OPERATING AS:                                                                                   

DO HEREBY MAKE APPLICATION FOR A LICENSE TO ENGAGE IN THE BUSINESS OF COLLECTING RESIDENTIAL REFUSE.

BUSINESS ADDRESS:                                                                               
                                                                                                        
BUSINESS TELEPHONE:                                                                             
D.P.U. CERTIFICATE NUMBER:                                                                      

Registration
VEHICLE #1      Make:                           Number                          

Model:                          

Capacity:                               G.V.W.                          

Registration
VEHICLE #2      Make:                            Number                         

Model:                          

Capacity:                                G.V.W.                         
===================================================================
I AM FAMILIAR WITH AND WILL ABIDE BY THE RULES AND REGULATIONS FOR RESIDENTIAL REFUSE COLLECTION AS SET FORTH BY THE BOARD OF HEALTH OF HOLDEN, MASSACHUSETTS.

FAILURE TO ABIDE BY THE RULES AND REGULATIONS WILL RESULT IN REVOCATION OF YOUR LICENSE.

APPLICANT:                                              DATE:                                   

REVIEWED BY:                                            DATE:                                   

COMMENTS:                                                                                               
                                                                                                        
APPROVED                                                DATE:                                   
:               
BY:                                                             DATE:                                   


 
Town of Holden 1204 Main Street, MA 01520
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