Health Department Regulations Guidelines

Board of Health Regulations Concerning Municipal Solid Waste Collection & Recyclable Materials

Adopted June 18, 2003

The Board of Health of the City of Leominster, acting under the authority of Chapter 111, Section 31 of the General Laws of the Commonwealth of Massachusetts and amendments and additions thereto, and any other power thereto enabling, and acting there under and in accordance therewith G.L. c 111, and 127A and G.L. c. 111, and 31, and in the interest of and for the preservation of the public health and safety, duly make and adopt the following rule and regulation:

Definitions

• Municipal Solid Waste (MSW): all household garbage and rubbish. Garbage: All putrescible waste matter (animal, fish, fowl, fruit and vegetable) produced from or resulting from the use or storage of food for human consumption.
• Rubbish: All combustible and non-combustible trash, waste, offal, broken or rejected matter, hence anything worthless. For specific information on acceptable and unacceptable rubbish, please refer to the City of Leominster current MSW contract.
• Recyclable Materials (RM): Recyclable, metals, glass, plastic, newspapers, cardboard, paper and magazines. Please refer to the City of Leominster recycling guidance brochure for specific details.
• Dwelling Unit: A Room or group of rooms within a dwelling used or intended for use by one family or household for living, sleeping, cooking and eating.
• Residential Dwelling: Building used solely for human habitation.
• Regulation: When the City of Leominster provides curbside collection of municipal solid waste (MSW) or recyclable materials (RM) for residential dwellings the following criteria shall apply.
  • Curbside collection shall be offered to residential dwellings that contain four dwelling units or less. Mixed Commercial/Industrial and Residential (regardless of the number of housing units), Condominiums, Rooming Houses or any other building with multiple dwelling units numbering more than four units will not be eligible for curbside collection provided by the city. Mixed Use Properties shall be exempt from these requirements if they meet the following criteria
    • The property must contain 4 units (dwelling or business combined) or less.
    • The activity within the building must not generate excessive waste, hazardous materials or waste ban materials.
• Single buildings that have multiple addresses but contain more than four dwelling units shall not be eligible for the city collection services. These buildings will be required to provide private collection and disposal in accordance with State and Local regulations. This shall be applicable to buildings that are situated on one or more streets (parallel streets or street corners).
• All dwellings with five or more units or Mixed Use properties shall have MSW and or RM collected by a licensed private hauler. The owner of each of these properties shall provide MSW removal and disposal in accordance with 105 CMR 410.600 and all applicable City of Leominster regulations and Ordinances.
• Any dwelling or housing unit that has MSW removed privately will be required to utilize a dumpster. The dumpster shall be kept closed (except when loading or emptying), be weather, insect, animal proof and emptied as frequently as needed as not create smells, odors or nuisance. The owner of the property will be solely responsible for the proper maintenance of the dumpster (logistically and financially). Locking devices may be required by the Health Department.
• Enforcement: Any property owner that does not comply with these regulations shall be subject to the following fines: First violation, $100, second violation $200, third and subsequent violations $300. Each day of non-compliance will be considered an additional and separate violation.
• Severability: If any provision of these regulations or the application thereof is held to be invalid by a court of competent jurisdiction, the invalidity shall be limited to said provision(s), and the remainder of these regulations shall remain valid and effective. Any part of these regulations subsequently invalidated by a new state law shall automatically be brought into conformity with the new or amended law and shall be deemed to be effective immediately.