1

PROVINCETOWN BOARD OF HEALTH

PART VI

SANITATION COLLECTION & DISPOSAL

Adopted:

Advertised:

Section 1: Notice of days for collections is established as set forth in attachment A hereto.

Section 2: Refuse must be put out on the evening prior to your pick up day, but not before 6:00

P.M.

Section 3: No loose refuse is permitted. All refuse must be contained in a tightly covered barrel no

larger than a standard 32-gallon capacity clearly marked with name and address.

Section 4: No empty cartons, cardboard, newspaper, etc., will be picked up unless all items are

separated, flattened and tied or cardboard flattened into one box or newspaper put in

brown paper bags and will only be picked up on the proper day, which is Town Wide

Sunday night, weather permitting. THESE ITEMS WILL NOT BE PICKED UP IF

THAT MONDAY IS A HOLIDAY. They should be kept until the following week or

can be brought to the Transfer Station.

Section 5: There is no curbside pick-up for brush. Brush must be taken to the Transfer Station and

will be charged as full loads.

Section 6: COLLECTIONS:

A. Once a week pick-up per fire district. All residential households are allowed

2-32 gallon containers (tightly covered) and 1 recycling bin.

1. Fire District #5 – From Town Line East to Howland Street, to include

Commercial and Bradford Streets.

2. Fire District #4 – From Howland Street to Johnson Street, to include

Commercial and Bradford Streets.

3. Fire District #3 – From Johnson Street to Court Street, to

include Commercial and Bradford Streets.

4. Fire District #2 – From Court Street to Franklin Street, to

include Commercial and Bradford Streets.

5. Fire District #1 – From Franklin Street to the West End of Town, to

include Commercial and Bradford Streets.

B. Residential:

1. To be defined as a person or persons who are not a business

or in any sense of the meaning a commercial establishment.

2. If a resident or residents live on a private way the Town will only pickup

trash if:

a. All residents have signed an agreement to hold the Town

harmless of any damage that may occur due to the Town

Vehicles on their private way.

b. The private way road conditions meet the state standards of a

public way. In other words, the Town will not enter a private

way that is too narrow or in a condition that could damage the

Town Vehicles.

3. Condominiums will not be picked up unless:

a. It has 8 units or less.

b. It is privately owned and not a time-share unit.

4. Guest Houses and Lodging Houses are considered a commercial

establishment with the exception of owner/manager occupied, where the

owner/manager is considered a resident will be allowed 2-32 gallon

containers (tightly covered) containers and 1 recycling bin per week.

5. All residents who live in a predominately commercial area need to

clearly mark the trash receptacles as residential with their name and

address.

C. Commercial:

1. If you are licensed by the Town you are considered a commercial

establishment and the Town does not pick up commercial trash or

recycling.

2. All licenses will require all commercial establishments to identify their

private hauler for the removal of trash and recycling from the business

property.

3. All Guest Houses, Motels, Hotels, Camps, Cabins, Inns and Time Share

Units are Commercial and will be charged as such.

4. All vehicles entering the Transfer Station who are known Business

owners will be subject to spot checks to determine if they are dumping

commercial trash or residential trash and will be charged as determined.

PROVINCETOWN BOARD OF HEALTH

PART VI

ARTICLE 4

Rules and regulations for the use and operation of the

Provincetown Transfer Station/Recycling Center

Acting under the authority of Massachusetts General Laws, Chapter 111, Sections 31 and 31B, the

following rules and regulations shall apply to all users of the Provincetown Transfer Station/Recycling

Center.

A. OPERATING DAY & HOURS – NOTE: ONE MONTH (2 WEEKS IN THE

BEGINNING AND TWO WEEKS AT THE END OF THE SEASON) HAS

BEEN ADDED TO THE 7-DAYS A WEEK OPERATION WHICH GIVES

THE TOWN A FULL 6-MONTHS OF A 7-DAY OPERATION.

1. From 1st of May through end of October: 7 days per week

7:00 AM to 2:00 PM

2. From 1st of November through end of April: Tuesday through Saturday

8:00 AM to 3:00 PM

NOTE: Because the dates vary from year to year the date will be published in

a local newspaper giving the new seasonal operating hours. However,

the seasonal operating hours and days change occurs approximately

the 1st of May and end of October.

B. Residential/Commercial Requirements for use of Transfer Station/Recycling

Center.

1. All trash, recyclables and brush must be generated from within the Town

of Provincetown.

2. All loads must be properly covered and secured.

3. All users must be:

a. A Provincetown property owner or resident.

b. A Provincetown business with a valid permit from the Provincetown Health

Department.

c. A Commercial Refuse Hauler properly permitted by the Provincetown Health

Department.

d. Provincetown vehicles and vehicles under contract by the Town.

e. Vehicles not from town must show proof of residency, which is your name and

address on your license and registration (same requirements used by the Parking

Department to establish residency).

f. Permitted Federal Government Vehicles.

C. Acceptable Materials: See Article 5 for Fee Structure

1. Household and Commercial trash.

2. Household and Commercial Recyclable items:

a. Cardboard flattened (un-waxed).

b. Newspaper.

c. Metal and Steel Cans – cleaned.

d. Glass bottles and jars – cleaned, no aluminum or Styrofoam labels.

e. Plastic #2 only.

f. Grass & leaves from a homeowner.

g. Large Metal pieces.

h. Appliances [see E. 12 for limitations].

i. Clean Wood.

j. Brush [4” maximum caliper].

k. Mixed paper [including glossy inserts & junk mail].

l. CRT containing items [TV’s, Computers].

m. Styrofoam Peanuts – To shed behind Grace Gouveia Building.

D. Prohibited Materials:

1. Demolition/Construction Materials, to include sheet rock.

2. Mattresses/Box Springs/Carpeting.

3. Furniture.

4. Tires.

5. Fill Material, to include soil, stumps, bricks, concrete, rock and sand.

6. Automobile parts and bodies.

7. Gasoline Cans.

8. Asbestos.

9. Liquid and Semi-Solid Wastes.

10. Hazardous wastes, to include paint, solvents, oil, gasoline, pesticides and insecticides,

explosives, chemicals, hot ashes or other volatile materials.

11. Radioactive, nuclear, and infectious wastes, to include needles and syringes.

12. No CFC (freon) containing white goods, unless certified by and appliance dealer that all

freon has been removed.

ALL OF THESE RULES AND REGULATIONS ARE MADE BY THE BOARD OF HEALTH

AND ARE ENFORCED BY THE TRANSFER STATION EMPLOYEES. IF THERE IS A

COMPLAINT WITH THESE RULES AND REGULATIONS, TO INCLUDE FEES, IT MUST

BE BROUGHT BEFORE THE BOARD OF HEALTH. THE TRANSFER STATION

EMPLOYEES ALSO HAVE THE RIGHT TO BRING TO THE BOARD OF HEALTH ANY

UNNECESSARY VERBAL OR PHYSICAL ABUSE BY ANY USER OF THE TRANSFER

STATION. ANY ACTIONS WILL BE THE RESPONSIBILITY OF THE BOARD OF

HEALTH.

PROVINCETOWN BOARD OF HEALTH

PART VI

ARTICLE 5

SOLID WASTE FEES FOR THE USE OF THE PROVINCETOWN

TRANSFER STATION/RECYCLING CENTER

Acting under the authority of Massachusetts General Laws, Chapter 111, sections 31 and 31A, the

Provincetown Board of Health adopts the following Solid Waste Fees for the use of the Provincetown

Transfer Station/Recycling Center.

A. SOLID WASTE FEES:

1. Residents:

a. Annual Sticker No Fee

b. Household Trash in car All residents property

owners/tax payers will be

allowed two barrels (4

standard bags) with no

charge. Anything beyond

the two barrels (or 4

standard bags) will be

charged $2.00 per bag.

c. Pick-up Truck Residential Plates Same as a & b

d. Grass and leaves only (household) $ 0

e. Pick-up Truck with Commercial Plates $55. per ton Comm. Rate

f. Brush-auto or pick-up trucks $10.00 per load

g. Large Appliances (no freon appliances) $15.00 each

g. Clean Wood Waste

(no nails, paint, treatment, stained) $10.00 per load

h. Miscellaneous Metals $40.00 per ton

($5.00 minimum charge)

2. Residential Senior Citizens

a. Annual Sticker No Fee

1) Must be at least 59 years of age at time of purchasing sticker, must

have drivers License and Registration with a Provincetown address.

2) All other resident rules apply.

3. Business – Self Hauling – to include Guest Houses, Motels, Hotels, Camps,

Cabins, Lodging, Inns, Time Share Units and

Camp Grounds.

a. Annual sticker $40 Per Year Each Vehicle

1. No annual sticker is needed if only recycling. At anytime a business

goes to the Transfer Station for anything else they will have to purchase a

sticker for use of Transfer Station.

b. Business trash in car $ 2.00 per bag

c. Business trash in pick-up $ 2.00 per bag

d. Grass, leaves, brush in car or Pick-up $ 10.00 per load

e. Grass, leaves, brush high-side Pick-up $ 15.00 per load

f. Grass, leaves, brush in 1-Ton $ 30.00 per load

g. Large Appliances $ 15.00 each

h. Miscellaneous Metals $ 40.00 per ton

($5.00 minimum charge)

4. Commercial Haulers

a. Annual permits w/Sticker $150.00 per year

b. Pick-up Truck $ 55.00 per ton or $.0275 per lb.

c. Pick-up Truck High Sides “ “

d. Packer 4 yard “ “

e. Packer 6 yard “ “

f. Packer 7 yard “ “

g. Packer 8 yard “ “

h. Packer 16 yard “ “

i. Packer 18 yard “ “

j. Packer 20 yard “ “

k. Grass, leaves, brush in pick-up $ 20.00 per load

l. Grass, leaves, brush in high-side pick-up $ 25.00 per load

m. Grass, leaves, brush in Dump Truck $ 30.00 per load

n. Appliances $ 15.00 each

o. Commercial Appliances $ 25.00 each

p. Metals $ 40.00 per ton

q. Fuel Tanks (maximum capacity 300 gal.) $ 20.00 each

5. Non Profit Organizations

a. Annual Sticker (after Licensing has proof

of Non-Profit Eligibility) No Fee

b. Will be weighed No Charge

B. All loads are to be considered full loads.

C. The Decision of the Transfer Station Attendant is final.

1. Any complaints will have to be put in writing to the Health Agent and will be

brought before the Board of Health for determination.

2. All complaints must be in writing with all information filled, to include your name,

address, phone number, explanation of incident and parties involved. You may pick up

a complaint form at the Town Hall.

PROVINCETOWN BOARD OF HEALTH

PART VI

ARTICLE 6

Infectious Waste Disposal Regulations

A. Not Accepted

1. The town of Provincetown will not accept any infectious waste at the Transfer

Station and all universal precaution will be followed and enforced.

PROVINCETOWN BOARD OF HEALTH

PART VI

Article 7

SOLID WASTE RECYCLING REGULATIONS

Pursuant to statutory authority under Massachusetts General Laws, Chapter 40, Sections 8H, 4 and 4A,

approved by Provincetown Special Town Meeting, Article 10, March 14, 1990, and Massachusetts

General Laws Chapter 111, Sections 31, 31A and 31B the following regulations are adopted by the

Board of Health.

A. Definitions

1. Recyclable Waste shall be defined as discarded products, packaging or other

material, which may be reclaimed for secondary use. The Board of Health shall

consider the economics, markets and environmental impacts of recycling such

materials, in comparison with other means of disposal, in making this designation.

2. Special Waste shall be defined as discarded products, packaging or other material

requiring special handling or procedures for disposal; including any which is known to

be hazardous to health; and which is neither recyclable nor acceptable at SEMASS.

3. Yard Waste shall be defined in two (2) parts:

a. Grass clippings, leaves

b. Brush, twigs and branches with a maximum diameter of four (4) inches.

B. Waste Schedules

1. The Board of Health will, from time to time, hold public hearings for the purpose of

designating specific categories of materials as recyclables and/or special waste.

Materials so designated will be incorporated, by identification, containment, separation

or protection of such waste, if required, shall be included, including any applicable

environmental laws, rules and regulations of the commonwealth. The effective date of

inclusion shall be specified.

C. Recyclable Waste

1. Schedule R1 – Household Recyclables:

a. Glass bottles and jars (non-deposit) – shall be rinsed to remove food residue

and have plastic or metal caps and rings removed. Shall be contained in

reusable metal or plastic owner supplied container.

b. Bimetallic steel, tin and aluminum cans – shall be rinsed to remover food

residue. Shall be contained in reusable metal or plastic owner – supplied

container.

c. High density polyethylene (HDPE) #2 Plastic containers – (e.g. bottles

from milk, water, juice, laundry and personal care products). Shall be rinsed to

remove product residue and have caps removed. Shall be contained in reusable

metal or plastic owner – supplied container.

d. Paper – to include; newspaper, glossy inserts, junk mail phone books and

magazines, shall be clean and dry; securely tied in flat bundles (not taped) or

bagged in a brown paper bag, none of which shall weigh more than fifty (50)

pounds. Do not put out if inclement weather is forecasted or a Holiday is on

Monday.

e. Corrugated Board (cardboard) boxes – Shall be clean, dry and flattened and

placed in one box, none of which shall weigh more than fifty (50) pounds. Do

not put out if inclement weather is forecasted.

f. CRT containing items, such as TV’s and computer monitors.

2. Schedule R2 – Other Recyclables:

a. Deposit beverage cans & bottles – shall be rinsed to remove any beverage

Residue.

b. Motor oil – shall not be mixed with any other waste fluid. This is a drop off

only at the Highway Garage – Monday thru Friday from 7:00 AM - 4:00 PM

D. Special Waste

1. Schedule S1 – Bulky waste:

a. Mattresses, box springs and carpeting – NOT ACCEPTED

b. Furniture – NOT ACCEPTED

c. Construction debris – NOT ACCEPTED

Ø The Town of Provincetown prohibits these items and suggests to residents

to hire a private hauler to dispose of non-acceptable items properly.

2. White goods, including, with limitation, refrigerators, ranges, water heathers,

freezers, washing machines, dryers, microwave ovens and similar domestic and

commercial large appliances.

a. CFC (Freon) containing white goods must have a certified sticker from an

Appliance dealer stating all freon has been removed, if not we will not accept it

at the Transfer Station.

b. PCB’s – (capacitors, ballast’s, oil, mercury, lead) containing white goods

must have a certified sticker from an appliance dealer stating all PCB’s has been

removed, if not we ewill not accept it at the Transfer Station e.g. fluorescent

bulbs, thermostats, etc.

3. Schedule S2 – Hazardous Waste: NOT ACCEPTED

a. Paints, finishes, stains and solvents which are based on petroleum by-

products or urethane, and the containers in which they are offered.

b. Pesticides (including chlorinated hydrocarbons, organophosphorus

compounds, carbamates and lead, arsenic or mercury based materials) and the

containers to which they have been transferred.

c. Herbicides (organic or inorganic; whether active by contact, systematically or

as a soil sterilant) and the containers in which they are offered for retail sale.

d. CFC’s, and PCB’s – containing appliances unless certified by an appliance

Dealer as removed.

E. RECYCLABLE WASTE

1. Schedule R1waste: The owner or occupant of any residential or commercial

Property who shall place for disposal, removal or collection, any Schedule R1

recyclable waste, by either the Town or a private hauler, shall do so in conformity with

the following regulations:

a. The waste shall be securely contained and separated from all other solid

Waste (not in the same container). Paper and cardboard are to be kept separate

from other recyclables. All recyclables and non-recyclables set out for

collection shall be placed and maintained in an orderly sanitary condition so as

not to constitute a hazard or nuisance or otherwise objectionable.

b. Containers or marking, which serve to identify recyclable materials, and/or

facilitate their collection and recycling, may be required, as established under

Section II for each material. Provision of any such containers will be the

responsibility of the property owner or occupant who places said materials out

for collection, either by the Town or a private hauler.

c. The Town will establish a collection schedule for residents only. Certain

materials may be collected on a day or days separate from regular trash pick-up.

Recycling pick-up, with the exception of newspaper and recycling, is picked up

per Fire Districts as per Part VI, Article #3, Section 6, of the Board of Health

Rules and Regulations. Paper and cardboard will be picked up every Monday,

with the exception of Holidays. They should be put out the night before,

weather permitting. Collection of Schedule R1 recyclables will be made from

any residential property, who has Town pick-up, which properly places said

recyclables at the usual or designated collection point, on the designated day.

d. No person, other than authorized Town employees or a licensed waste hauler

with a contract for the property, shall remove designated recyclable waste from

the curbside.

e. Refuse which is set out for collection, which contains more than negligible

quantities of recyclable waste may be left uncollected. The person responsible

for the property shall have the refuse removed at his or her own expense within

twelve hours.

f. Any person who transports recyclable waste to the Transfer Station/Recycling

Center will be required to deposit it in the designated appropriate area or

container, and not to mix it with other refuse or recycling material.

2. Schedule R2 waste: Each commercial establishment which sells, uses or disposes of

a significant quantity of any material which at the conclusion of its use will be Schedule

R recyclable waste, shall be required to comply with the following conditions:

a. Make available appropriate space and containers for collection of

Such quantity of the material as is customarily sold, used and/or disposed of by

the establishment.

Ø Such space and/or containers shall have prominent labeling, and notice

conspicuously posted, to encourage appropriate collection of designated

wastes and to indicate the compliance with the provisions of

Section III – 2.

b. Accept from any individual, without requirement of proof of purchase, any

Recyclable waste, which could reasonably be expected to be usual residue of

goods, materials or their packaging, sold by the establishment on or after the

effective date of these regulations. There shall be no charge made for accepting

such waste. Acceptance may be made contingent upon reasonable requirements

for cleanliness, separation of wastes and proper containment; however, such

requirements may not be applied in such a manner as to routinely discourage the

waste collection untended under this section.

c. Assure that the quantity of wastes retained is not allowed to become a

nuisance or hazard to health or safety.

d. Present evidence that said waste is regularly removed, in a manner consistent

with these regulations and with all environmental laws, rules and regulations of

the commonwealth, to a final destination which is the Recycling Center. The

sufficiency of all such evidence will be the judgment of the Board of Health or

its agent. This requirement would be presumed to be met by any of the

following options, which are not intended to be exclusive:

Ø present evidence of a contractual agreement with the supplier or shipper

to remove the designated waste from town for recycling;

Ø or present evidence of contractual agreements with both a licensed

recycling facility to receive and process, and with a hauler to convey the

waste to said facility;

Ø or any recyclable waste for which a collection center at the Provincetown

Transfer Center/Recycling Center has been duly established, present

evidence to conform that all said waste has been properly disposed of at

the Recycling Center.

F. SPECIAL WASTE

1. It shall be a violation (MGL Chapter 111, § 122 Nuisances) for any person to

knowingly dispose of designated special waste by any means which are not part of an

approved disposal process of said waste.

2. The legal disposal of any special wastes not specifically designated in Article 7, II-C,

Including without limitation, tree sumps, demolition debris, furniture, shall be the

responsibility of the property owner or occupant.

G. YARD WASTE

1. Yard waste shall not be mixed with any household waste, nor any hazardous or toxic

Material.

2. Yard waste shall not be set out with regular refuse or recyclables for collection. It

may be disposed of by composting on the property on which it was generated. Said

waste shall otherwise be transported to the Town Transfer Station/Recycling Center at

the owner or occupants expense.

3. Yard waste delivered to the Transfer Station/Recycling Center shall have any bag

or container removed; only the yard waste shall remain.

H. INSPECTION/VIOLATIONS

1. Every commercial establishment in the Town of Provincetown shall be subject to

inspection by the Board of Health or its agent for determination of compliance with the

provisions of the se regulations. Violators will be subject to fines. Each day of

violation will be considered a separate offense.

2. For a period of sixty (60) days following the effective date of these regulations,

intensive public education will be necessary. Any violation during this time will be met

with a verbal and/or written notice of non-compliance. Repeated violations will require

meeting with the Board of Health or its designated agent to determine the nature of the

problem.

3. Any waste hauler licensed by the Town shall be subject to suspension, modification or

revocation of licensure for knowingly violating any of these regulations, or for willful

misrepresentation with respect to any recyclable (see Article 9, section I, part f).

I. TOWN TRANSFER STATION/RECYCLING CENTER

1. In order to facilitate the collection and appropriate disposal of certain designated

Recyclable or special wastes, the Town shall establish central collections points,

containers and necessary processing equipment at the Transfer Station/Recycling Center

or another site(s).

2. For any Schedule R1 Recyclable Waste, such collection facilities shall be available

no later that the effective date for that waste category.

3. For Schedule R2 Recyclable Waste and Schedule S1 special wastes, such facilities will

be established if and when the Town determines that it is able to operate them in an

environmentally safe and financially responsible manner.

4. The Town will establish a composting facility, subject to applicable environmental laws

of the commonwealth. The requirements of Section V will take effect at such time as

said facility is operational and financially viable.

5. The existence and operation of such collection sire(s) will in no way relieve compliance

with Sections III and IV (above) unless specific exemption is granted by the Board of

Health.

J. DISPOSAL FEE

1. Schedule R1 Recyclable Waste will be collected at the curbside, and accepted at the

Transfer Station/Recycling Center, without any direct fee charged. The town will

dispose of these recycling items (see Article 7, Section II, Part B-1-f).

2. The Board of Health will establish fees for the disposal of Schedule R2 recyclables,

Schedule S1-D special wastes and Section V Yard wastes. The fees will reflect the

handling and disposal costs of each specific category of regulated waste material. It

will be the policy of the Board of Health to structure the fees, wherever possible, to

create financial incentives for appropriate disposal of recyclables and/or special wastes,

by means within the letter or spirit of these regulations.

3. Deleted.

K. SEVERABILITY

1. These regulations are declared to be severable. If any part, sentence, section or clause

is adjusted invalid, it is hereby provided that the remainder shall not be affected thereby.

PROVINCETOWN BOARD OF HEALTH

Part VI

Article 9

PROVINCETOWN REFUSE HAULERS PERMIT

In accordance with MGL Chapter 111, 31 and 31 A, the Provincetown Board of Health hereby adopts

the following regulations pertaining to the permitting for the removal or the transportation of refuse

through the streets of Provincetown, which shall be referred to as “Provincetown Refuse Haulers

Permit.”

I. PROVINCETOWN REFUSE HAULERS PERMIT

A. Private refuse haulers licensed by the Provincetown Board of Health who desire

to use the Provincetown Transfer Station/Recycling Center shall only dispose

Provincetown generated, SEMASS acceptable waste at said Transfer

Station/Recycling Center. The definition of SEMASS acceptable waste is set

forth in SEMASS delivery procedures manual (revised January 1, 1991) section

6.2 (see appendix A).

B. Unacceptable waste will be defined in accordance with section 6.3 of the

SEMASS Delivery Procedures Manual (revised January 1, 1991, see appendix

A).

C. Refuse Haulers Permit applicants shall obtain an application from the Board of

Health at the Provincetown Health Department, Town Hall. The completed

application shall be submitted to the Health Department.

D. A completed application shall include the following:

1. Name (corporation and individual) address and phone number(s).

2. Listing of owner(s) and vehicle operators.

3. Date of application, with owner/operators signature.

4. Vehicle permit numbers with a description of each vehicle.

5. Drivers license number.

E. Sticker sales are available (upon proof of permit) at the Provincetown Transfer

Station/Recycling Center each day they are open (depending on season).

F. Any violations of Refuse Haulers Permit regulations within a consecutive 12-

Month period shall be subject to the following penalties:

1. First Offense – written warning

2. Second Offense – two day suspension, to commence with the next

hauling day

3. Third Offense – 90-day suspension of permit.

PROVINCETOWN BOARD OF HEALTH

PART VI

Article10

Rules and Regulations Governing Municipal Refuse and Recycling Pick-ups

Private Ways Open to the Public

Acting under the authority of Massachusetts General Laws, Chapter 111, Section 31 the Provincetown

Board of Health accepts and approves the following regulation:

I. AUTHORIZATION

A. These rules and regulations are adopted by the Board of Selectmen pursuant to vote of

April 6, 1992 Annual Town Meeting, under Article 29 thereof, which voters authorizes

Board of Selectmen to adopt rules and regulations governing municipal refuse and

Recycling pick-ups on private ways open to the public.

II. DEFINITIONS

A. Private ways open to the public shall mean a private way on which the general public

has a right of access for travel and purposes in the same manner as a on a public way.

Such a way may include a private statutory way laid out and accepted by the Town for

use by one or more inhabitants of the Town, pursuant to MGL Chapter 82, sections 21

and 23; a way opened to public use by a board of survey pursuant to MGL Chapter 41,

section 77; and a private way opened to the public use through prescription, i.e., open

uninterrupted use by the general public over a period of time without the permission of

the owner.

III. PROCEDURES

A. The owner or owners of a private way open to the public, or the abutters to 100% of the

lineal footage thereof, or a homeowners association established to maintain a private

way, may petition the Board of Selectmen to have municipal refuse and recycling

pick-ups on said private way. Such petition shall be in the form prescribed by the

Board of Selectmen and shall, unless from such a homeowners association, include a

Fully executed release and indemnification agreement as prescribed by Town Counsel.

B. Said petition shall be submitted to the Town Manager, who shall promptly refer it to

The Director of Public Works for his/her finding as to whether or not said private way

Meets the minimum subdivision control regulations and standards for street right-of-

Way and travel width, as set forth in the subdivision rules and regulations by the

Planning Board.

1. If the Director of Public Works certifies that said private way does meet said

minimum standards, and then the petition shall be forwarded to the Board of

Selectmen for its approval.

2. If the Director of Public Works cannot so certify, then the applicant(s) shall be

so informed in writing. Said applicant(s) may then appeal such determination to

the Board of Selectmen.

C. Any vote of the Board of Selectmen to provide municipal refuse and recycling pick-ups

on private ways open to the public shall specify the date on which such service shall

take effect.

D. Not withstanding such approval, the Director of Public Works is authorized to make

determinations of when a private way opens to the public is impassable to Town

equipment, and to suspend pick-ups on such a way. He/She shall, without delay, report

such conditions to the Town Manager and the Board of Selectmen.

IV. EFFECTIVE DATE

A. These rules and regulations shall take effect upon approval of the Board of Health,

pursuant to MGL Chapter 111, section 31.