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BEST PRACTICES FOR MUNICIPALITIES DEVELOPING PRIVATE HAULER REGULATIONS
Best Practices for Municipalities Developing Private Hauler

Regulations
FINAL – Updated May 2022
Municipal Waste Ban Compliance Regulation
NOTE TO USER
The following document was developed in response to requests from municipal officials in the
Commonwealth of Massachusetts who want to increase recycling by ensuring that all Private Haulers
operating in the municipality are in compliance with the Massachusetts Waste Bans (310 CMR 19.017).
This document contains sample language that can be adopted as is or used in conjunction with Town
specific language to best address the circumstances in each municipality. In order to promote
consistency throughout the Commonwealth, the Massachusetts Department of Environmental
Protection (MassDEP) recommends that municipalities adopt the general language in this document.
Optional Language, included as ATTACHMENT 2 with this document, provides additional language that
may be important to some municipalities depending on their involvement in Solid Waste management,
including: provision of recycling containers, unit-based pricing, food waste collection and other recycling
incentives.
This guidance document can be used to adopt a bylaw/ordinance or regulation around three general
areas:
1) Mandatory Recycling – If your municipality does not already require generators to separate
Recyclables from Solid Waste, it is recommended that Section V in the attached template be adopted in
conjunction with Sections 2 or 3 (below) to assure that the Permitted Hauler requirements under
Sections 2 and 3 are fairly enforced by the municipality. Mandatory Recycling can help ensure
compliance with the Massachusetts Waste Bans and support the efforts of Permitted Haulers to collect
Solid Waste and Recyclables separately.
Information on Mandatory Recycling and Private Hauler regulations can be found on the MassDEP
website: https://www.mass.gov/lists/implementing-mandatory-recycling-private-hauler-regulations.
2) Residential Only Private Hauler Regulations - A municipality may choose to only regulate collection
of Solid Waste from Residential Customers/Generators. If so, the sections referring to Commercial
Customers may be eliminated from this document. Residential Customers/Generators, for purposes of
this document, shall mean property owners and occupants of single and multi-family dwellings,
condominiums, public housing, and mobile homes.
3) Residential and Commercial Private Hauler Regulations - A municipality may choose to regulate both
residential and commercial waste hauling activity, and therefore adopt all the language contained in this
document, as modified to meet the specific circumstances of each municipality.
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In all cases, the final bylaw/ordinance and/or regulation developed should be reviewed by your
Municipal Attorney before adoption.
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GENERAL LANGUAGE TEMPLATE

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RULES AND REGULATIONS FOR REMOVAL, TRANSPORT,

AND DISPOSAL
OF SOLID WASTE OR RECYCLABLES
IN THE TOWN/CITY OF
I. Purpose
The goal of these regulations is to protect public health and the environment and ensure that all Private
Haulers collecting Solid Waste and Recyclables adhere to the Massachusetts Waste Ban regulations and
uniformly comply with permit requirements established by the Town/City of . This
should ensure that:
 The environmental benefits of recycling are maximized;

 There is joint enforcement of the Waste Ban requirements by the municipality and all Private
Haulers operating within the municipality;
 There are fair and equitable rules for all Private Haulers operating in the municipality;
 All residents and businesses have convenient (parallel) access to recycling collection services;
 All Private Haulers licensed to operate in a municipality are in compliance with state regulations
(310 CMR 19.017);
 There is greater consistency across municipalities to promote clear operating guidelines for
Private Haulers; and,
 Municipalities and Private Haulers work together to support the goals of the Solid Waste Master
Plan and the Global Warming Solutions Act.
II. Authority
These regulations establish minimum requirements for the systematic collection of Solid Waste and
Recyclables in order to promote waste reduction, comply with State-mandated Waste Bans (310 CMR
19.017), and further the goals of the Town/City of _______. The Board of Health of the Town/City of
_______ adopts these regulations under the provisions of Chapter 111 Sections 31, 31A, 31B, 122 and
150A of the Massachusetts General Laws.
Private Haulers shall only collect for disposal those items acceptable for disposal. Materials banned
from disposal under 310 CMR 19.017 shall not be included with Solid Waste.
III. Effective Date

These regulations shall take effect on ____________.
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IV. Definitions
For the purposes of this regulation, the following words and phrases shall have the following meaning
unless the content clearly indicates otherwise:
Commercial Customers/Generators shall mean property owners and occupants of any commercial,
industrial, institutional, municipal, school, or mixed-use building within the Town/City of ________.
Customer shall mean either Residential Customer/Generator or Commercial Customer/Generator.
Mercury Disposal Prohibition shall mean Disposal Prohibition Provision of the Mercury Management Act
(Chapter 190 of the Acts of 2006). Effective May 1, 2008, mercury-added products cannot be disposed of
in Solid Waste. The law also prohibits any Solid Waste collector from collecting as Solid Waste the
contents of a Solid Waste container that the collector knows (or reasonably should know) includes one
or more mercury-added products. Details may be found at this link: https://www.mass.gov/doc/faq-on-
mercury-containing-product-disposal-ban/download
Permitted Hauler shall mean any Private Hauler who has obtained a valid Private Hauler permit from the
Town/City of _______.
Private Hauler shall mean any person or entity providing collection of Solid Waste and/or Recyclables
for hire within the Town/City of __________.
Recyclables shall mean a material that is banned from disposal in the Commonwealth of Massachusetts
pursuant to 310 CMR 19.017: Waste Bans. Mixed paper, cardboard, glass, metal, and plastic containers
are priority materials of this regulation.
Residential Customers/Generators shall mean property owners and occupants of single and multi-family
dwellings, condominiums, public housing, and mobile homes within the Town/City of _________.
Solid Waste shall mean useless, unwanted or discarded non-recyclable solid and liquid wastes, excluding
items restricted from disposal in Massachusetts, as defined by Table 310 CMR 19.017(3) of the
Massachusetts’ Solid Waste regulations (310 CMR 19.017).
Town/City shall mean the Town/City of
Waste Ban Materials shall mean all materials designated as banned from disposal in the
Commonwealth of Massachusetts pursuant to 310 CMR 19.017 (see
https://www.mass.gov/regulations/310-CMR-19000-solid-waste-facility-regulations).
V. Mandatory Recycling
(NOTE TO USER: If the municipality has already codified Mandatory Recycling for waste generators,
insert reference to municipal regulation/bylaw/ordinance here). These regulations are intended to
support and align with the Town/City of ___________ Mandatory Recycling bylaw/ordinance and/or
regulation as follows.
OR
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(NOTE TO USER: If the municipality has not yet codified Mandatory Recycling for waste generators,
the following language may be utilized): In order to protect the environment, promote recycling and
be in compliance with Massachusetts Waste Ban regulations (310CMR 19.017); the Town/City of
________ hereby establishes a requirement for mandatory separation of Recyclables from the Solid
Waste stream. This requirement applies to all Residential Customers/Generators and Commercial
Customer/Generators in the Town/City of ___________.
(NOTE TO USER: Below are options to enact Mandatory Recycling for waste generators:
 Massachusetts General Law Chapter 40 Section 8H enables the legislative body (Town
Meeting, city council) to establish a program for recycling. Any recycling program established
pursuant to this section may require that all residents, schools and businesses in a city or town
separate from their Solid Waste those Recyclables designated by the municipality.
 Local Boards of Health may choose to adopt Mandatory Recycling regulations under the
provisions of MGL Chapter 111 Section 31.
 Municipalities may choose to enforce the Massachusetts Waste Bans 310 CMR 19.017.)
The Town/City of_________ will inform all generators (residential and commercial) at least once per
year that recycling is mandatory.
VI. Permit Required

All Private Haulers wishing to collect, transfer, or transport Solid Waste or Recyclables generated within
_____________shall be required to first obtain or annually renew a permit from the Town/City of
_______. No Private Hauler may collect Solid Waste or Recyclables unless they have obtained a valid
Private Hauler Permit from the Town/City. Private Haulers that collect only Recyclables must also be
permitted.
A. Permit Application
The permit application shall include the formal name of the person or company; a statement that the
person or company is registered to do business in Massachusetts and that the person or company is fully
insured; and contact name, address, and telephone number. Copies of certificates of insurance for
public liability and property insurance also shall be included.
The permit application must include a statement that the Private Hauler understands and is in
compliance with the Massachusetts Waste Bans and Mercury Disposal Prohibition. The Private Hauler
shall list the Solid Waste disposal facilities and the Recycling processing facilities where Solid Waste and
Recyclables are expected to be delivered from Private Hauler’s Customers during the permit year. The
application shall be signed by a designated representative of the company, permitted to do business
within the Commonwealth of Massachusetts.
The application shall include information on the types of services intended to be offered, and the
approximate number of collection trucks expected to be used in the municipality during the course of
the permit year. The application shall include information on how the Private Hauler intends to ensure
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that Customers prevent Waste Ban materials from being disposed with Solid Waste, and how the Private
Hauler intends to notify Customers of improper Recycling or Solid Waste disposal.
Upon receipt of a complete permit application, the Board of Health shall have ______ days to rule on
the granting of a permit to operate within the Town/City of ____________. In addition, the applicant
shall pay an annual permit fee of ___ (insert fee) ___ as determined by the Town/City of _______.
B. Annual Permit Renewal

Each Permitted Hauler shall annually submit a renewal application of his/her permit no later than the 1 st
of ___ (insert month) ____ (recommend one month in advance of permit expiration), by paying the
annual permit fee.
The annual renewal application must indicate any changes from the original permit, including any
change in Solid Waste or Recyclables facilities used, and must be signed by a business owner. The
renewal must be accompanied by the following information or a completed Annual Solid Waste and
Recyclables Reporting Form (ATTACHMENT 4):
 Total tons of Solid Waste collected for disposal and total tons of Recyclables collected for
processing from Residential Customers/Generators within the Town/City of _______ during the
previous calendar year or 12-month period. (In the case where the Permitted Hauler delivers
loads for disposal or recycling that are combined with more than one municipality, then the
Permitted Hauler must provide their best estimate of tonnage delivered from the Town/City.)
 The average number of Residential and Commercial Customers using each service (Solid Waste,
Recycling) during the previous calendar year within the Town/City.
 The names of any Commercial Customers where the Permitted Hauler is providing Solid Waste
only service.
 The names of any Commercial Customers where the Permitted Hauler is providing Recycling
only service.
 Copies of any Waste Ban violation letters or notices received by the Permitted Hauler during the
prior year that refer to loads collected within the Town/City of ______________.
Failure to provide a complete and accurate Annual Solid Waste and Recyclables Reporting Form may be
grounds for denial of a permit to operate within the Town/City of ________.
Annual permits will be issued by the 1st of ___________ each year.
C. General Permit Requirements

All Permitted Haulers must be in compliance with the following general permit requirements:
 All Permitted Haulers must clearly display the name of the company on each vehicle operating in
the municipality.
 All Permitted Haulers must be in compliance with applicable federal, state and local laws. Each
vehicle must meet all Department of Transportation safety requirements at all times.
 All materials must be securely contained in the vehicle. Littering or leaking shall be considered a
violation of the permit.
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 Recyclables shall not be commingled with Solid Waste when collected by the Permitted Hauler.
Recyclables must be delivered to a processing facility designed to accept Recyclables. The
Permitted Hauler shall inform Customers how to prepare acceptable Recyclables consistent with
the requirements of the Recyclables processing facility.
 Permitted Haulers shall only collect for disposal Solid Waste which is not banned from disposal.
It is the responsibility of the Permitted Hauler to educate the Customer about the Waste Bans
and inform them that they will refuse to collect Solid Waste mixed with Waste Ban items that
are visible to the driver/collector from any of their Customers (there is no requirement to open
bags). Please refer to the list of Waste Ban items (ATTACHMENT 1) which may not be accepted
at Massachusetts’ disposal facilities.
 In the event that the Permitted Hauler refuses to collect any materials, the Permitted Hauler will
notify such Customers in writing of the reason(s) for refusal to collect the Solid Waste or
Recyclables. In addition, the Permitted Hauler will advise the Board of Health about Customers
who have received rejection notices. The Board of Health will, where possible, assist the
Permitted Hauler with enforcement of the Mandatory Recycling provision and/or Waste Ban
requirement.
VII. Bundled Service Requirement

(NOTE TO USER: The goal of this requirement is to ensure that Permitted Haulers provide a bundled
service for the collection of both Solid Waste and Recyclables for each Customer. This ensures that all
Customers have access to recycling services in order to be in compliance with the Waste Bans.)
A. Service to Residential Customers/Generators

For Residential Customers/Generators, the bundled service must provide Customers with Solid Waste
and Recyclables collection at a rate that reflects the cost of providing both services. Solid Waste and
Recycling services must be provided by the same Permitted Hauler unless otherwise pre-approved by
the Board of Health. The Permitted Hauler may itemize the invoice to clearly show the cost of Recycling
collection contained in the bundled service.
All Permitted Haulers serving Residential Customers/Generators must provide appropriately sized,
paired Solid Waste and Recyclables containers that are clearly marked and adjacent or in close proximity
to each other.
B. Service to Commercial Customers/Generators

For Commercial Customers/Generators, the Permitted Hauler must provide both Solid Waste and
Recyclables collection; unless the Customer can provide proof to the Permitted Hauler that separate
Recycling services are provided by another Permitted Hauler or via one of the methods listed on the
Recycling Service Exemption Form (ATTACHMENT 5). Permitted Haulers may charge separately for the
collection of Recyclables. Commercial Customers/Generators may choose to contract for collection of
Recyclables by a second Permitted Hauler that only performs Recyclables collection. Permitted Haulers
that collect only Recyclables are not required to collect Solid Waste.
Permitted Haulers must provide the names and addresses of their Solid Waste only Commercial
Customers to the Town/City so the Town/City can follow up to ensure that those Customers are
complying with the Waste Bans.
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C. Exceptions
(NOTE TO USER: If the Town/City has a protocol for requesting an exception to any requirement of
this regulation, insert here.)
VIII. Inspection
The Board of Health or its designee is authorized to inspect a Permitted Hauler’s truck and load at any
time. The Board of Health also has the right to require weight slips or confirmation of disposal of Solid
Waste or management of Recyclables.
IX. Enforcement
A. Hauler Permit Requirements

The Board of Health shall issue a notice of violation to the Permitted Hauler and provide the Permitted
Hauler seven (7) business days to respond to the allegations of non-compliance with any section of this
bylaw/ordinance or regulation. Failure to respond shall be grounds for revocation of the Permit in
accordance with the hearing provisions below. The individuals empowered to enforce the provisions of
this bylaw/ordinance or regulation shall be the Agent of the Board of Health, any member of the Board
of Health, the DPW Solid Waste Coordinator, Inspectional Services, or other Town/City designee, or any
police officer of the Town/City.
If the Permitted Hauler does not respond within seven (7) days, the Board of Health shall hold a public
hearing, subject to MGL Chapter 111 Section 127B. If the Board of Health determines that the Permitted
Hauler is in violation of this Permit, then the Board may either provide the Permitted Hauler with an
order to fix the problem and/or suspend the Permit until the Permitted Hauler demonstrates to the
Board’s satisfaction that the Permitted Hauler will be in compliance with this bylaw/ordinance or
regulation. In the event that a Permitted Hauler fails to follow this bylaw/ordinance or regulation, the
Board of Health reserves the right to impose reasonable fines or take other action in accordance with
State and local regulations.
B. Mandatory Recycling Requirements for Generators (if established through this regulation)
Enforcement of this regulation shall be by criminal complaint in the district court and/or non-criminal
disposition ticket MGL Chapter 40, Section 21D. DPW or Solid Waste Administrators, Inspectional
Services, and Agents of the Health Department or their designees shall have the power to enforce the
provisions of this bylaw/ordinance or regulation. The Town/City shall also have the option of seeking
equitable relief to enjoin violations of the rules and regulations of the Health Department.
C. Penalties
In the event that a Permitted Hauler or Generator fails to follow these regulations, the Board of Health
reserves the right to impose reasonable fines and/or revoke the permit to operate within the Town/City,
subject to the Appeal Provisions described below.
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(a) First offense warning

(b) Second offense $ fine
(c) Third offense $ fine
(d) Subsequent offenses not less than $ nor more than $
Each day of failure to comply with the regulations shall constitute a separate violation.
D. Appeal Provisions
Any Permitted Hauler cited for a violation of these regulations may appeal such citation by filing a
written notice of appeal with the Board of Health within seven (7) days, exclusive of Saturdays, Sundays
and legal holidays, from the date of said citation. A hearing will be held within 60 days from the date of
the filing of the appeal. Written notice of the hearing date will be delivered to the applicant at least two
(2) weeks prior to the scheduled date. The hearing will be conducted in accordance with the established
procedures of the Board of Health.
E. Legal Provisions – Town specific

(NOTE TO USER: If the Town/City has standard language for legal provisions, insert here.)
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ATTACHMENTS
1. List of Waste Ban Materials
2. Optional Language
3. Permit Application
4. Annual Solid Waste and Recyclables Reporting Form
5. Recycling Service Exemption Form for Commercial Generators
6. Waste Ban Educational Handout
https://www.mass.gov/doc/fact-sheet-what-are-the-massachusetts-waste-
bans/download
7. Waste Ban Guidance for Haulers
https://www.mass.gov/doc/guidance-brief-haulers-waste-ban-
compliance/download
8. Recycle Smart Checklist
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BEST PRACTICES FOR MUNICIPALITIES DEVELOPING PRIVATE HAULER REGULATIONS

Best Practices for Municipalities Developing Private Hauler

Municipal Waste Ban Compliance Regulation

Page Intentionally Left Blank

GENERAL LANGUAGE TEMPLATE

RULES AND REGULATIONS FOR REMOVAL, TRANSPORT,

 The environmental benefits of recycling are maximized;

III. Effective Date

Customer shall mean either Residential Customer/Generator or Commercial Customer/Generator.

Town/City shall mean the Town/City of

VI. Permit Required

B. Annual Permit Renewal

Annual permits will be issued by the 1st of ___________ each year.

C. General Permit Requirements

VII. Bundled Service Requirement

A. Service to Residential Customers/Generators

B. Service to Commercial Customers/Generators

A. Hauler Permit Requirements

(a) First offense warning

E. Legal Provisions – Town specific

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