1. City of AttleboroCity of Attleboro
Health DepartmentHealth Department
Licensing of Rubbish/Recycling HaulersLicensing of Rubbish/Recycling Haulers
James P. Mooney, Health AgentJames P. Mooney, Health Agent April 6, 2010April 6, 2010
Attleboro Health DepartmentAttleboro Health Department

2. The General Laws of MassachusettsThe General Laws of Massachusetts
Chapter 111: Section 31Chapter 111: Section 31
CITY AND TOWN BOARDS OF HEALTHCITY AND TOWN BOARDS OF HEALTH

Chapter 111: Section 31. Health regulations; summary publication; hearings; filing sanitaryChapter 111: Section 31. Health regulations; summary publication; hearings; filing sanitary
codes and related rules, etc.codes and related rules, etc.

Section 31. Boards of health may make reasonable health regulations. A summary whichSection 31. Boards of health may make reasonable health regulations. A summary which
shall describe the substance of any regulation made by a board of health under this chaptershall describe the substance of any regulation made by a board of health under this chapter
shall be published once in a newspaper of general circulation in the city or town, and suchshall be published once in a newspaper of general circulation in the city or town, and such
publication shall be notice to all persons. No regulation or amendment thereto which relatespublication shall be notice to all persons. No regulation or amendment thereto which relates
to the minimum requirements for subsurface disposal of sanitary sewage as provided by theto the minimum requirements for subsurface disposal of sanitary sewage as provided by the
state environmental code shall be adopted until such time as the board of health shall holdstate environmental code shall be adopted until such time as the board of health shall hold
a public hearing thereon, notice of the time, place and subject matter of which, sufficient fora public hearing thereon, notice of the time, place and subject matter of which, sufficient for
identification, shall be given by publishing in a newspaper of general circulation in the city oridentification, shall be given by publishing in a newspaper of general circulation in the city or
town once in each of two successive weeks, the first publication to be not less than fourteentown once in each of two successive weeks, the first publication to be not less than fourteen
days prior to the date set for such hearing, or if there is no such newspaper in such city ordays prior to the date set for such hearing, or if there is no such newspaper in such city or
town, then by posting notice in a conspicuous place in the city or town hall for a period oftown, then by posting notice in a conspicuous place in the city or town hall for a period of
not less than fourteen days prior to the date set for such hearing. Prior to the adoption ofnot less than fourteen days prior to the date set for such hearing. Prior to the adoption of
any such regulation or amendment which exceeds the minimum requirements forany such regulation or amendment which exceeds the minimum requirements for
subsurface disposal of sanitary sewage as provided by the state environmental code, asubsurface disposal of sanitary sewage as provided by the state environmental code, a
board of health shall state at said public hearing the local conditions which exist or reasonsboard of health shall state at said public hearing the local conditions which exist or reasons
for exceeding such minimum requirements. Whoever, himself or by his servant or agent, orfor exceeding such minimum requirements. Whoever, himself or by his servant or agent, or
as the servant or agent of any other person or any firm or corporation, violates anyas the servant or agent of any other person or any firm or corporation, violates any
reasonable health regulation, made under authority of this section, for which no penalty byreasonable health regulation, made under authority of this section, for which no penalty by
way of fine or imprisonment, or both, is provided by law, shall be punished by a fine of notway of fine or imprisonment, or both, is provided by law, shall be punished by a fine of not
more than one thousand dollars.more than one thousand dollars.
 Boards of health shall file with the department of environmental protection, attested copiesBoards of health shall file with the department of environmental protection, attested copies
of sanitary codes, and all rules, regulations and standards which have been adopted, andof sanitary codes, and all rules, regulations and standards which have been adopted, and
any amendments and additions thereto, for the maintenance of a central register pursuantany amendments and additions thereto, for the maintenance of a central register pursuant
to section eight of chapter twenty-one A.to section eight of chapter twenty-one A.

3. The General Laws of MassachusettsThe General Laws of Massachusetts
Chapter 111: Section 31AChapter 111: Section 31A
CHAPTER 111. PUBLIC HEALTH
CITY AND TOWN BOARDS OF HEATH
Chapter 111: Section 31A. Permit for removal or transportation of garbage; application; exemptions
Section 31A. No person shall remove or transport garbage, offal or other offensive substances through the
streets of any city or town without first obtaining a permit from the board of health of such city or town; provided,
however, that no rules or regulations shall restrict the hours of the day when garbage, offal or other offensive
substances may be collected in areas zoned for business, commercial or industrial use. An application for such
permit shall be in such form and contain such information, on oath, as such board shall require. All such permits
shall expire at the end of the calendar year in which they are issued, but may be renewed annually on application
as herein provided. No permit shall be transferred except with the approval of the said board.
Notwithstanding the foregoing provisions, any person may, without such a permit, transport garbage, offal or
other offensive substances through the streets of a city or town in which said substances were not collected;
provided, that he registers with the board of health of such city or town; and, provided further, that he transports
said substances in accordance with such reasonable rules and regulations as may be established by such board
of health. Motor vehicles owned by the commonwealth or any of its political subdivisions and motor vehicles
engaged under contract with the commonwealth in the transportation of garbage or refuse shall be exempt from
the provisions of this section; provided, however, that a city or town may recommend to the department of
highways, in writing, an alternative route of travel for such motor vehicles whereby the noise or nuisance incident
to such travel shall be minimized or abated and said department shall consider such alterations or changes in the
travel routes of such motor vehicles as will result in the minimization of such noise or nuisance.

4. The General Laws of MassachusettsThe General Laws of Massachusetts
Chapter 111: Section 31BChapter 111: Section 31B
 CHAPTER 111. PUBLIC HEALTHCHAPTER 111. PUBLIC HEALTH

CITY AND TOWN BOARDS OF HEALTHCITY AND TOWN BOARDS OF HEALTH


Chapter 111: Section 31B. Rules and regulations for removal of garbage;Chapter 111: Section 31B. Rules and regulations for removal of garbage;
penaltypenalty

Section 31B. Boards of health shall, from time to time, make rules andSection 31B. Boards of health shall, from time to time, make rules and
regulations for the control of the removal, transportation or disposal ofregulations for the control of the removal, transportation or disposal of
garbage, offal or other offensive substances. Whoever violates anygarbage, offal or other offensive substances. Whoever violates any
provision of section thirty-one A, or of any rule or regulation made thereprovision of section thirty-one A, or of any rule or regulation made there
under, shall be punished by a fine of not more than one thousand dollars.under, shall be punished by a fine of not more than one thousand dollars.

5. Licensing of Rubbish/Recycling Haulers
Solid Waste Disposal/Recycling HaulersSolid Waste Disposal/Recycling Haulers
Licensing and Operations RegulationsLicensing and Operations Regulations
 Adopted July 1, 1999Adopted July 1, 1999
 Licensee shall provide integrated solid waste services to allowLicensee shall provide integrated solid waste services to allow
compliance with the DEP solid waste bans. The licensee shallcompliance with the DEP solid waste bans. The licensee shall
provide recycling service to allow compliance with the DEPprovide recycling service to allow compliance with the DEP
solid waste bans and the Health Department bans by thesolid waste bans and the Health Department bans by the
effective dates of those bans.effective dates of those bans.
 Waste ban listed.Waste ban listed.

6. Licensing of Rubbish/Recycling Haulers
Public Hearing for Rubbish/Recycling HaulersPublic Hearing for Rubbish/Recycling Haulers
 December 2007 - The Health Department held a public hearingDecember 2007 - The Health Department held a public hearing
for all rubbish/recycling haulers.for all rubbish/recycling haulers.
 Reviewed current regulations.Reviewed current regulations.
 Haulers were given a three month extension on theirHaulers were given a three month extension on their
license to notify customers they could not collect rubbishlicense to notify customers they could not collect rubbish
mixed with recycling.mixed with recycling.
 The Health Department requested a list of customersThe Health Department requested a list of customers
serviced by the collection. Identifying those withserviced by the collection. Identifying those with
recycling.recycling.
 An estimated figure of the tonnage of refuse and recyclingAn estimated figure of the tonnage of refuse and recycling
collected.collected.

7. Licensing of Rubbish/Recycling Haulers
Notifications to Rubbish/Recycling HaulersNotifications to Rubbish/Recycling Haulers
 November 2008 – Yearly Rubbish/Recycling HaulerNovember 2008 – Yearly Rubbish/Recycling Hauler
applications went out with reminders of ourapplications went out with reminders of our
Licensing and Operations Regulations. CustomerLicensing and Operations Regulations. Customer
lists were requested, identifying those not recycling.lists were requested, identifying those not recycling.
 Rubbish/Recycling Haulers given licenses whoRubbish/Recycling Haulers given licenses who
complied. Reminders of fines being issued ifcomplied. Reminders of fines being issued if
rubbish is collected with recycling.rubbish is collected with recycling.
 Through out the years Haulers have been notifiedThrough out the years Haulers have been notified
by the Health Department that recyclables must beby the Health Department that recyclables must be
collected separately. Spot checks would becollected separately. Spot checks would be
conducted and fines issued.conducted and fines issued.

8. Licensing of Rubbish/Recycling Haulers
Notifications to Residents and BusinessesNotifications to Residents and Businesses
 December 2008 Public Health Regulation – Recycling forDecember 2008 Public Health Regulation – Recycling for
Residents and Businesses within the City of Attleboro.Residents and Businesses within the City of Attleboro.
 Remaining property owners (residents and businesses) whoRemaining property owners (residents and businesses) who
were not on haulers lists for recycling were sent letters. Theywere not on haulers lists for recycling were sent letters. They
are in violation, their rubbish will not be picked up and they willare in violation, their rubbish will not be picked up and they will
be fined. Contact the Health Department.be fined. Contact the Health Department.
 Residents or businesses may recycle with someone other thanResidents or businesses may recycle with someone other than
their rubbish hauler. A contract for recycling on companytheir rubbish hauler. A contract for recycling on company
letterhead stating where the recycling is going needs to beletterhead stating where the recycling is going needs to be
provided to the Health Department.provided to the Health Department.
 Solid Waste/Recycling Transporter Form.Solid Waste/Recycling Transporter Form.
 Letter on recycling to all Restaurants/Retail outlets with theirLetter on recycling to all Restaurants/Retail outlets with their
yearly application. Will be part of the bi-annual foodyearly application. Will be part of the bi-annual food
inspections.inspections.

9. Licensing of Rubbish/Recycling Haulers
Notifications to Residents and BusinessesNotifications to Residents and Businesses
(Continued)(Continued)
 Letter to the Haulers customers explaining the waste banLetter to the Haulers customers explaining the waste ban
and the need to implement a recycling program.and the need to implement a recycling program.
 City Ordinance states homeowners shall separate fromCity Ordinance states homeowners shall separate from
non-recyclable rubbish all domestic recyclables.non-recyclable rubbish all domestic recyclables.
 City Ordinance states to be considered for a rubbishCity Ordinance states to be considered for a rubbish
abatement rubbish and recycling shall be separated withabatement rubbish and recycling shall be separated with
a proof of a contractual agreement which providesa proof of a contractual agreement which provides
rubbish and recycling with the property owner.rubbish and recycling with the property owner.

10. Hauler Accordancy Rates as of September 16, 2009Hauler Accordancy Rates as of September 16, 2009
# Recycling# Recycling Total AcctsTotal Accts AccordancyAccordancy
RatesRates
Hauler 1Hauler 1 231231 276276 84%84%
Hauler 2Hauler 2 7979 152152 52%52%
Hauler 3Hauler 3 124124 172172 72%72%
Hauler 4Hauler 4 4747 4747 100%100%
Hauler 5Hauler 5 2626 3737 70%70%
OverallOverall 507507 684684 74%74%