BOARD OF HEALTH
78 Main Street
Hudson, MA 01749
Solid Waste Disposal – Regulations (Regulation No. 95-1)
The Board of Health of the Town of Hudson, Commonwealth of Massachusetts, acting under the authority of M.G.L. c. 111, Sections 31, 31A, 31B, 122, and 143, hereby supplements the provisions of 105 CMR 410.000: The State Sanitary Code, Chapter II: MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION, and 310 CMR 19.000: SOLID WASTE MANAGEMENT REGULATIONS, in the interest of and for the protection of public health and environment, established and adopted the following revised rules and regulations concerning the disposal of solid waste in the Town of Hudson. These revised regulations shall be effective upon and after publication of notice in a local newspaper, pursuant to a unanimous vote of the Board of Health at a public meeting on September 12, 1995, following a public hearing held on 22 August, 1995, and so remain
until modified or amended by the Board.
Definitions
When used in this regulation or in communications, notices, orders, or other references relative thereto, the following words and phrases shall have the meanings ascribed to them below and shall apply in the interpretation and enforcement of this regulation.
Agricultural Waste means discarded materials produced from the raising of plants and animals, including without limitation, animal manure, bedding, plant stalks, and other vegetative matter.
Garbage means animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
Hazardous Waste means any waste that is defined and regulated under 310 CMR 30.000: THE HAZARDOUS WASTE REGULATIONS, as may be amended.
Leaf and Yard Waste means deciduous and coniferous seasonal deposition, grass clippings, weeds, hedge clippings, garden materials and brush.
Recyclable Materials means materials that have the potential to be reused or recycled and that are not contaminated by significant amounts of waste, such as No. 6 newspaper (which may contain small amounts of magazines, paperboard containers, paper bags, junk mail, and a normal percentage of phone books), metal, glass, ridged no. 1 and No. 2 single polymer plastics, and other items that may be added from time to time.
Solid Waste means useless, unwanted or discarded solid, liquid, or contained gaseous material resulting from municipal or household activities that is abandoned by being disposed or incinerated or is stored, treated, or transferred pending such disposal, not including any hazardous waste or special wastes.
Special Waste means a solid waste that requires special handling (i.e.: demolition material) or disposal techniques or methodologies to protect public health or safety or the environment.
Tires means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle.
White Goods means an appliance employing electricity, natural gas, or liquefied petroleum gas to supply heat or motive power to preserve or cook food, to wash or dry, or to cool or heat air or water.
Solid Waste
All solid waste in the Town of Hudson shall be disposed of in accordance with 310 CMR 19.000: SOLID WASTE MANAGEMENT REGULATIONS. Prohibited wastes as defined in following sections of this Regulation, shall be prohibited from disposal into any sanitary landfill located in the Town of Hudson as of the effective date of this Regulation.
Recyclable Materials
Recyclable materials shall not be disposed of in any landfill in the Town of Hudson. These shall include, but not be limited to aluminum, metal, glass, No. 6 newspapers and single polymer plastics.
Prohibited Wastes
No solvents, oils, volatile or combustible materials, explosives, pesticides, herbicides, ash from incineration of solid wastes, special wastes, nor any other hazardous materials including but not limited to batteries shall be disposed of in any sanitary landfill in the Town of Hudson. In addition, the following materials are prohibited from disposal into any sanitary landfill in the Town of Hudson: leaves and yard waste, agriculture waste, white goods, unshredded tires, metal/glass containers, recyclable paper, industrial plastics and resins, and all single polymer plastics.
Other Sanitary Landfill Operational Requirements
No solid waste originating outside the Town of Hudson, or in the case of a single landfill operating on a site also contained within and properly site-assigned and regulated by an adjacent community, no solid waste originating outside that community and the Town of Hudson only, shall be disposed of under any circumstances. Violators will be subject to revocation of any permits which allow use or operation of the site.
Any sanitary landfill operated within the town shall be open to the public according to a schedule set forth in the Town’s agreement with the landfill operator. Such agreement must be in effect to permit continuing operation of the landfill.
Entry to the landfill will be permitted only to those vehicles displaying a current landfill use sticker issued by the Town of Hudson or by an adjacent, approved community as described in 5.a, above.
Any fees charged shall be set by agreement with the Town of Hudson’s Board of Health
Access to the sanitary landfill shall be limited to those times when an attendant is on duty and shall be restricted to those authorized to use the site for purposes of solid waste disposal or recycling.
Open body trucks must have covers to enter the sanitary landfill area or they will not be permitted entry.
No person shall deposit or leave refuse or rubbish upon any of the approaches to the landfill area or on any part of the area except that designated by the person in charge thereof.
Any landfill shall be closed on Sundays and legal holidays; operating hours and days shall be conspicuously posted at the entrance of the landfill.
Disposal of animal or vegetable matter or septic sludge from the Town of Hudson’s Treatment Plant will be allowed only as such disposal meets appropriate federal and commonwealth regulations.
A special site shall be established by the operator for any approved disposal of stumps, logs, lumber and poles. All such material must be less than 6 inches in diameter and 4 feet in length. Brush to be deposited shall be bundled in 4 foot lengths and securely tied and deposited in an approved area designated by the operator.
Automobile parts, motor equipment, bales, drums, refrigerators, stoves, bed springs, and appliances and other metals shall be placed in an approved location established by the operator. All such items must be free of any oil, gas, freon, or other solvents. All refrigerator and freezer doors must be removed prior to deposit.
All vehicles admitted to the landfill must be equipped to prevent any material from blowing or dropping onto public or private streets or ways. A speed limit of 15 miles per hour will be posted and enforced by the operator in order to protect possible pedestrian traffic and to prevent hazardous conditions.
No smoking or open fires of any type will be permitted at the landfill site. Signs indicating such must be conspicuously displayed at the site and enforced by the operator.
The operator of any landfill or solid waste disposal facility within the town shall provide at least one hazardous materials collection day for residents of the town. The terms and limits of materials collected during that day will be set by agreement with the Board of Health.
The operator of any solid waste disposal facility within the town shall abide by any and all relevant rules, regulations, and permits of cognizant Boards and Commonwealth of Massachusetts and the Federal Government.
Operators of approved sanitary landfill facilities within the town must provide, at their own expense, to the Board of Health with at least quarterly reports which contain the results of regular (at least quarterly) ground water monitoring well testing obtained at the site from its inception as an approved operation to current operation. Any trends in data obtained as well as explanations of actual and projected impacts on surface and groundwater quality must be provided in each report to facilitate review by the Board. Test results must include, at a minimum, Biological Oxygen Demand, Chemical Oxygen Demand, pH, conductivity, iron content, and Coliform Bacteria content. As of September 1995, and continuing thenceforth, the tests for each monitoring well must
also measure Total Organic Carbon, heavy metals, and volatile organic compounds as determined using EPA approved methodologies at a laboratory certified by the Commonwealth of Massachusetts.
Penalties
Any person who shall violate any provision of this Regulation for which penalty is not otherwise provided shall, upon conviction, be fined not less than$10.00 nor more than $500.00 per violation. Each separate incident failing to comply with this regulation shall constitute a separate violation. Failure by any operator of a solid waste disposal facility to conform to these rules and regulations shall also be cause for consideration by the Board of Health to consider rescinding, modifying, or suspending the site assignment. Such consideration shall be conducted according to the requirements of G.L.c. 111, Section ½ 150A.
Severability
If any section, paragraph, sentence clause, or phrase of these rules and regulations is held invalid or unconstitutional by a Court of Competent jurisdiction, such portion shall be deemed a separate and distinct provision and such decision shall not affect the validity of the remaining portions of these regulations which shall remain in force and effect; and to this end, the provisions of these rules and regulations are hereby declared severable.
Appeals
Any person to whom an order has been served pursuant to this regulation may request a hearing before the Board of Health by filing a written petition within 7 days. Upon receipt of such petition, the Board of Health shall schedule a hearing within 30 days. Anyone aggrieved by the decision of the Board of Health may seek relief therefrom within 30 days in a court of competent jurisdiction.
Effective Date
This revised regulation shall take effect immediately upon publication of notice in a local newspaper and deposit in the Town Clerk’s Office, Town Hall, Main Street, Hudson, in conformance with a unanimous vote of the Board on September 12, 1995.
By order of the Board of Health
Daniel Ehntholt, Chairman
James Saart, Vice-Chairman
Dale Nadeau, Clerk
Published: Marlborough/Hudson Enterprise Sun – August 8, 1995 and August 15, 1995
Adopted: September 12, 1995.
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