By Mr. Marzilli of Arlington, petition (accompanied by bill, House, No. 1971) of J. James Marzilli, Jr., for legislation to regulate trash collection hours in business, commercial and industrial areas.  Municipalities and Regional Government.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


J. James Marzilli, Jr.

 

 


 

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In the Year Two Thousand and Seven.

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 An Act to allow the regulation of trash collection hours in business, commercial and residential areas.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1.  Chapter 111 is hereby amended by striking out section 31A, as appearing in the 2002 Official Edition, and inserting in place thereof the following section:-

Section 31A.  (a) A person shall not remove or transport garbage or refuse through the streets of a city or town without applying for and obtaining a permit from the board of health of the city or town.

(b) At the end of a calendar year, a permit holder who intends to continue removing and transporting garbage or refuse in the succeeding year shall apply for renewal of the permit.  A person shall not transfer a permit without the approval of the board that issued the permit.

(c) A board shall specify the form and required information for permit applications. A board may by rule or regulation restrict the hours of the day when a permit holder may collect garbage or refuse in areas zoned for residential, business, commercial or industrial use.

(d) A person may, without a permit, transport garbage or refuse through the streets of a city or town in which the substances were not collected.  A person involved in such transport shall register with the board of health of the city or town, and shall transport the substances in accordance with reasonable regulations that the board of health may establish. 

(c) A city or town’s board of health shall not regulate motor vehicles owned by the commonwealth or any of its political subdivisions or motor vehicles engaged under contract with the commonwealth in the transportation of garbage or refuse.  A city or town may recommend to the department of highways, in writing, an alternate route of travel for these motor vehicles to minimize or abate the noise or nuisance incident to travel. The department shall consider alterations or changes in the travel routes of these motor vehicles in an effort to minimize noise or nuisance.