Index to Solid Waste & Recycling Regulations
Sanitation Collection Household Recyclable
Weekly Refuse Collection Other Recyclable
Definition of Residential Construction Debris
Definition of Commercial White Goods 
Transfer Station Hours Hazardous Waste
Use of Transfer Station Recyclable Waste
Acceptable Materials Special Waste
Prohibited Materials Yard Waste
Transfer Station Fees Inspection/Violation
Infectious Waste Disposal Provincetown Refuse Haulers Permit
Recycling Regulations Refuse & Recycling on Private Ways

PROVINCETOWN BOARD OF HEALTH
PART VI

SANITATION COLLECTION & DISPOSAL




Section 1: Notice of days for collection 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 PM.

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.

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 on Monday Holidays.

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 and 1 recycling bin.
1. Fire District #5 – From Town Line West to Howland Street, to include Commercial and Bradford Streets.
2. Fire District #4 – From Howland Street to Conwell Street, to include Commercial and Bradford Street.
3. Fire District #3 – From Conwell Street to Court Street, to include Commercial and Bradford Street.
4. Fire District #2 – From Court Street to Franklin Street, to include Commercial and Bradford Street.
5. Fire District #1 – From Franklin Street to the West End of Town, to include Commercial and Bradford Street.
 
 

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 pick-up 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 and will be allowed 2-32 gallon containers and 1 recycling container per week.

5. All residents who live in a predominately commercial area need to 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 DAYS & 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
     From 1st of Nov. 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 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 requirement used by the Parking Dept to establish residency).
f. Permitted Federal Government vehicles.

D.   Acceptable Materials:  See Article 5 for Fee Structure

1. Household and Commercial Trash.
2. Household and Commercial Recyclable Items
a. Cardboard flattened (unwaxed)
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 home owner
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

E. 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 an 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 ACTION WILL BE THE RESPONSIBILTY 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 resident 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 Commercial Rate
f. Brush-auto or pick-up trucks $10.00  per load
g.  Large Appliances (no freon appliances)  $15.00  each
h. Clean Wood Waste (no nails, paint, treatment, stained)  $10.00  per load
i. Miscellaneous Metals  $40.   Per ton ($5.00 minimum charge)

2. Residential Senior Citizens
a. Annual Sticker 
1) Must be at least 59 years of age at time 
of purchasing sticker, must have drivers
License and Registration with a 
Provincetown address
No Fee
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
b. Business trash in car  $2.00 per bag
c. Business trash in pick-up  $2.00 per bag
i. Grass, Leaves, brush in car or
Pick-up 
$10.00  per load
j. Grass, leaves, brush high-side
Pick-up 
$15.00  per load
k. Grass, leaves, brush in 1-ton Dump truck  $30.00  per load
 f. Large Appliances  $15.00   each 
g. Miscellaneous Metals  $40.   Per ton ($5.00 minimum charge)
3. 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  $  55.00 per ton or $.0275 per lb
d. Packer 4 yard  $  55.00 per ton or $.0275 per lb
e. Packer 6 yard  $  55.00 per ton or $.0275 per lb
f. Packer 7 yard  $  55.00 per ton or $.0275 per lb
g. Packer 8 yard  $  55.00 per ton or $.0275 per lb
g. Packer 16 yard  $  55.00 per ton or $.0275 per lb
h. Packer 18 yard  $  55.00 per ton or $.0275 per lb
i. Packer 20 yard  $  55.00 per ton or $.0275 per lb
j. Grass, leaves brush in pick-up  $  20.00 per load
n. Grass, leaves, brush in high-side
Pick-up 
$  25.00 per load
l. Grass, leaves, brush in Dump Truck  $  40.00 per load
m. Appliances  $  15.00 each
n.  Commercial Appliances  $  25.00  each
o. Metals      $  40.00  per ton   ($5.00 minimum)
p. Fuel Tanks (maximum capacity 300 gallons)  $20.00  each
4. Non Profit Organizations:
a. Annual Sticker (after Licensing has 
Proof of Non- Profit Eligibility).
b. Charge on all Refuse 
c. Will be weighed 
No Fee

No Charge
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.

3. All complaints must be in writing with all information filled in, to include; your name, address, phone number, explanation of incident, and parties involved.  You may pick up a complaint for at any town office.
 
 

PROVINCETOWN BOARD OF HEALTH
PART VI

ARTICLE 6

Infectious Waste Disposal Regulations

I. NOT ACCEPTED
 a. 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 Mass General Laws, Chapter 40, Sections 8H, 4 and 4A, approved by Provincetown Special town Meeting, Article 10, March 14, 1990; and Mass General Laws, Chapter 111, Sections 31, 31A and 31B, the following regulations are adopted by the Board of Health.

I. Definitions
A. 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.

B. 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.

C. Yard Waste shall be defined in two (2) parts:
1. Grass clippings, leaves.
2. Brush, twigs and branches with a maximum diameter of four (4) inches.

II. Waste Schedules –
A. 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 amendment, to schedules under this subsection.  Particular conditions for 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.
 
 

B. RecyclableWaste-
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 remove 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 that 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; securely tied in flat bundles or all 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 – Mon-Fri from 7:00am  to 4:00 pm.

c.         Anti-Freeze – is acceptable at Fay’s Automotive Center.

Special Waste-
1. Schedule S1 – Bulky Waste;
a. Mattresses, Box Springs and Carpeting – not accepted
b. Furniture – not accepted
 

Construction Debris – not accepted

1. The Town of Provincetown prohibits these items and suggest to residents to hire a Private Hauler to dispose of non-acceptable items properly.

2. White Goods: including, with limitation, refrigerators, ranges, water heaters, 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. e.g.

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 will 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 in which they are offered for retail sale and 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.

III. RECYCLABLE WASTE

A. Schedule R1 Waste :  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:

1. 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.

2. Containers or markings, 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 material out for collection, either by the town or a private hauler.

3. 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 paper and cardboard, 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 (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.

4. 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.

5. 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.

6. 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.
 

B. 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:

1. 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.

a. 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 Sections 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 intended 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 judgement 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:
1. present evidence of a contractual agreement with the supplier or shipper to remove the designated waste from town for recycling;
2. 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;
3. or any recyclable waste for which a collection center at the Provincetown Transfer Station/Recycling Center has been duly established, present evidence to conform that all said waste has been properly disposed of at the Recycling Center.

IV. SPECIAL WASTE

A. 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.
B. The legal disposal of any special wastes not specifically designated in Article 7, II-C, including without limitation, tree stumps, demolition debris, furniture, shall be the responsibility of the property owner or occupant.

V. YARD WASTE

A. Yard waste shall not be mixed with any household waste, nor any hazardous or toxic material.
B. 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 occupant’s expense.

C. Yard waste delivered to the Transfer Station/Recycling Center shall have any bag or container removed; only the yard waste shall remain.

VI. INSPECTION/VIOLATIONS:

A. 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 these regulations.  Violators will be subject to fines.  Each day of violation will be considered a separate offense.

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

C. Any waste hauler licensed by the Town shall be subject to suspension, modification or revocation of licensure for knowingly violate any of these regulations, or for willful misrepresentation with respect to any recyclable or special wastes transported by said hauler.                                              (see Article 9, Section I, Part F)

VII. TOWN TRANSFER STATION/RECYCLING CENTER

A. In order to facilitate the collection and appropriate disposal of certain designated recyclable or special wastes, the Town shall establish central collection points, containers and necessary processing equipment at the Transfer Station/Recycling Center or other site(s).

B. For any Schedule R1 Recyclable Waste, such collection facilities shall be available no later than the effective date for that waste category.

C. 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.

D. 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.

E. The existence and operation of such collection site(s) will in no way relieve compliance with Sections III and IV (above) unless specific exemption is granted by the Board of Health.

VIII. DISPOSAL FEE
A. Schedule R1 Recyclable Waste will be collected at the curbside, and accepted at the Transfer Station/Recycling Center, without any direct fee charged.  These recycling items will be disposed of by the Town. (see Article 7, Section II, Part B-1-f)

B. 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.
C. Deleted

IX. SEVERABILITY
A. These regulations are declared to be severable.  If any part, sentence, section or clause is adjudged 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 31A, 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/operator’s 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
Article 10

RULES AND REGULATIONS GOVERNING MUNICIPAL REFUSE AND RECYCLING PICK-UPS ON 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 vote authorizes the 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 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 the 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 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 adopted 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.
E. Notwithstanding 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 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.