Town of Tyngsborough Mandatory Recycling By Law

Section 1. AUTHORITY:

  1.1) In accordance with Massachusetts General Law Chapter 40 Section 8H, the Board of Health (Board) of the Town of Tyngsborough (Town) shall be charged with the promulgation and implementation of this By-Law and any regulation adopted under this By-Law.

 Section 2. PURPOSE:

2.1) In order to protect the environment, promote recycling, and in compliance with Massachusetts mandated waste bans; the Town hereby establishes mandatory separation of recyclable and compostable yard waste from the solid waste stream.

Section 3. APPLICABILITY

 3.1) This applies to all owners, tenants, occupants, and property managers of residential, multifamily, commercial, industrial, municipal, and institutional structures and properties in the Town and to any and all waste haulers duly licensed by the Board.

Section 4. WASTE HAULERS

 4.1) Every waste hauler must be duly licensed by the Board on an annual basis to operate within the Town.

4.2) Every waste hauler shall provide an integrated waste management service whereby collection of recyclables is provided to all trash collection customers.

4.3) Every non-municipal waste hauler shall, upon request, provide the Board with an updated customer list, which includes the names and addresses of customers within the Town, the degree of service, and pick-up schedule. Upon request by the Board, every waste hauler shall also provide educational material to customers.

4.4.) Waste haulers may not accept a load of refuse with greater than 5%, by volume, recyclables or compostable yard waste. In addition, every waste hauler shall report, in writing, violations of this provision to the Board or its agent(s).

4.5) Waste haulers may not accept compostable yard waste, except on designated dates established by the Board.

4.6) Waste haulers shall allow for unannounced inspections of collected refuse or recyclables by the Board or its designated agent(s) where the Waste Hauler is required to demonstrate satisfactory collection procedures.

 Section 5: OWNERSHIP OF RECYCLABES

 5.1) Once recyclable materials or compostable yard waste are placed at the curbside or designated collection area these materials shall become property of the Town. No person, business, or other legal entity other than licensed waste hauler and/or authorized agent(s) of the Town, acting in the course of their employment, may collect or pick up any recyclable materials so placed.

Section 6: SEVERABILITY

6.1) If any section of this By-Law is declared invalid or unenforceable for any reason, said decision shall not affect any other section of this By-Law, which shall remain in full force and effect.or take any other action relative thereto.