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City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
Section
23-1   TRANSPORTATION OF REFUSE
23-2   DUMPSTERS
23-3   PROHIBITING THE OPERATION OF REFUSE TREATMENT AND DISPOSAL FACILITIES IN THE CITY
23-4   MEDICAL WASTE DISPOSAL
23-5   RUBBISH DISPOSAL
23-6   RUMMAGING
23-7   SIZE OF BARRELS
23-8   OVERFILLING OF BARRELS OR DUMPSTER OF ANY SIZE
23-9   TRASH OUTSIDE OF PLACES OF BUSINESS
23-10   TRASH WITHIN PLACE OF BUSINESS
23-11   APPLICATION FOR PERMIT TO MAINTAIN OUTDOOR DUMPSTER
23-12   REFUSE CONTRACTORS REQUIRED TO BE LICENSED
23-13   CLEANING AND DISINFECTING OF STORAGE CONTAINERS; VIOLATIONS; PENALTY
23-14   ESSENTIAL FACILITIES PERMITTED TO BE OPERATED OR ESTABLISHED
23-15   EXCLUSION FOR SYSTEM SERVING ONLY ONE BUILDING
23-16   REGULATIONS FOR NEW REFUSE TRANSFER STATIONS
23-17   CONDITIONS FOR ASSIGNMENT IMPOSED
23-18   APPLICATION OF REGULATIONS
23-19   “NECESSARY AND ESSENTIAL” DESIGNATION OBTAINED FROM CITY COUNCIL
23-20   VIOLATIONS; PENALTIES; FINES ESTABLISHED
23-21   VIOLATIONS; PENALTY; ENFORCEMENT
23-22   RUBBISH DISPOSAL; PENALTY
23-23   ENFORCEMENT AND REGULATORY AUTHORITY
23-24   ENFORCEMENT IN ACCORDANCE WITH MASSACHUSETTS GENERAL LAW
23-1   TRANSPORTATION OF REFUSE.
   No person, other than employees of the city or of a contractor acting for the city while engaged in public work, shall transport or carry refuse in, upon or through any street except in accordance with a permit from the Commissioner of Public Works, who shall forthwith revoke such permit if the permittee transports or carries to any refuse disposal incinerator constructed, maintained and operated by the city any refuse originating outside the city. The word REFUSE, as used in this Subsection, shall be construed to include rubbish, ashes, nonputrescible industrial wastes and street cleanings, but not garbage, offal or other offensive substances coming within M.G.L. Chapter 111, Sections 31A and 31B.
(CBC 1975 Ord. T14 § 264; CBC 1985 23-1; Recodified by Ord. 1991 c. 5 § 28; Ord. 2008 c. 3) Penalty, see § 23-20
23-2   DUMPSTERS.
   No person shall, in or upon any way, street, alley or other public place within the city, nor in or upon any estate within the city, maintain a dumpster so-called, being a device used or intended for the storage of one cubic yard or more of trash, rubbish, construction debris or the like, unless the same is maintained agreeably to any regulation promulgated by the Commissioner of Public Works nor unless bearing a number issued by the said Commissioner to the owner of the dumpster, annually, upon payment of a filing fee of $10, plus $2 per dumpster.
(CBC 1985 23-2; Ord. 1986 c. 15 § 2; Recodified by Ord. 1991 c. 5 § 28) Penalty, see § 23-20
23-3   PROHIBITING THE OPERATION OF REFUSE TREATMENT AND DISPOSAL FACILITIES IN THE CITY.
   (A)   No person shall operate, establish or maintain, nor shall any place within the city be operated, established or maintained for a refuse treatment or disposal facility. For purposes of this Section, the term REFUSE TREATMENT AND DISPOSAL FACILITY shall include a sanitary landfill, a refuse composting plant, a dumping ground for refuse or any other works for treatment or disposing of refuse; and REFUSE shall mean all solid or liquid waste materials, including garbage and rubbish, but not including sewage.
   (B)   This Section shall not apply to any refuse treatment and disposal facility lawfully in existence upon the effective date of this Section, nor shall it apply to any refuse transfer station lawfully in existence or undergoing review, in accordance with the provisions of M.G.L. Chapter 111, Section 150A, should such review result in a site assignment within the term of that Section, upon the effective date of this Section, nor shall it apply to any waste to energy recovery facility operated by, or under contract with the city; provided, however, that this division (B) shall not apply to afford an exception in the case of or with respect to any parcel or parcels within said city now, or in the ten years preceding the effective date of this Section, upon which the commercial removal of stone, block or any mineral, mining or quarrying activity has been performed.
   (C)   This Section shall not apply to any on-site energy recovery waste disposal system which serves only the building within which it is located.
   (D)   Every new refuse transfer station shall be in a completely enclosed, covered structure and be located in an area zoned for industrial use.
(Ord. 1976 c. 13 §§ 1, 2; Ord. 1981 c. 4 § 3; Ord. 1983 c. 34 §§ 2, 3, 4; CBC 1985 23-3; Recodified by Ord. 1991 c. 5 § 28) Penalty, see § 23-20
Editor’s note:
   The effective date of this Section is November 3, 1976.
23-4   MEDICAL WASTE DISPOSAL.
   No person shall store, keep, transport, dispose or prepare for transport or disposal of infectious and/or hazardous medical waste as that term is defined in the Code of Massachusetts Regulations (“CMR”), except in accord with such regulations, nor unless the same are wrapped or placed in a container which will prevent puncture by, or spillage of, such waste, nor unless the same is then bagged in a plastic or craft paper container (meeting the requirements of the ordinances for strength) marked “INFECTIOUS AND/OR HAZARDOUS MEDICAL WASTE”. No person shall dispose of such waste in any manner inconsistent with commonwealth or federal law.
(CBC 1985 23-4; Ord. 1988 c. 17 § 1; Recodified by Ord. 1991 c. 5 §§ 19, 28) Penalty, see § 23-20
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