ARTICLE 26
Recycling Program
26.1 There is hereby established a recycling program for certain solid waste pursuant to Chapter 40, Section 8H, of the General Laws.
26.2 The purposes of the program are to reduce the amount of solid waste generated in the Town that is disposed of by conventional means; to comply with State regulations concerning solid waste; to promote the recycling of materials that have economic value or beneficial use; to encourage the remarketing or other reuse of recyclable material; and to mitigate adverse environmental effects of consumption by returning solid waste materials to productive use.
26.3 As used in this Article 26, the word "recyclables" shall mean solid waste materials designated from time to time by the Board of Selectmen as materials that are appropriate for inclusion in the program. Such materials may include, but are not limited to, paper, glass, metal, rubber, plastics, used tires and compostable waste.
26.4 All residents and occupants of buildings for which curbside collection of solid waste is provided by the Town shall separate all recyclables from other solid wastes and shall place such recyclables at curbside for collection in a manner specified in rules and regulations adopted from time to time by the Board of Selectmen.
26.5 The Town or a solid waste collector authorized by the Board of Selectmen may refuse to collect the solid waste of any person who fails to comply with Section 26.4. In such case, such person shall remove such solid waste from curbside no later than 8:00 a.m. on the day following such refusal. Any person who fails so to remove such solid waste shall be subject to a fine not exceeding $50.00 for each offense. Each day or part thereof if any violation continues shall constitute a separate offense.
26.6 No person shall pick up, collect or procure any recyclables at curbside within the Town except as specifically authorized in rules and regulations adopted by the Board of Selectmen.
26.7 The Board of Selectmen may establish and from time to time amend rules and regulation for purposes of implementing the recycling program.
26.8 The non-criminal disposition of violations of this Article 26 or any rule or regulation of the Board of Selectmen adopted hereunder is hereby authorized in accordance with the provisions of Chapter 40, Section 21D, of the General Laws ("Section 21D").
26.8.1 Enforcing person as used in this Section 26.8 shall mean any police officer of the Town, the Highway Superintendent, and any representative of the Highway Superintendent, and any other town employee designated by the Board of Selectmen as an enforcing person.
26.8.2 An enforcing person taking cognizance of a violation of this Article 26 or any rule or regulation of the Board of Selectmen adopted hereunder shall give the offender a written notice to appear before the clerk of the district court having jurisdiction thereof for the non-criminal disposition thereof in accordance with the Section 21D. The provisions of Section 21D are incorporated herein by reference.
26.9 The invalidity of any parts of this By-Law shall not affect the validity of the remaining parts.
Article 26 inserted at April 24, 1991, Annual Town Meeting. Approved by Attorney General Scott Harshbarger on July 3, 1991.
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