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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
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7-11   CLEAN CITY COMMISSION.
   (A)   There shall be within the City a Commission, to be known as the Clean City Commission, consisting of the Commissioners of the Public Works Department, Inspectional Services Department and Parks and Recreation Commission and the Office of Service Management, or their respective designees, and not less than five others, each appointed by the Mayor, to represent the business community, and neighborhood, civic and park enhancement organizations located in the city.
   (B)   The Commission shall annually elect from its membership a Chair and a Secretary.
   (C)   All members shall serve at the pleasure of the Mayor without compensation and shall be deemed special municipal employees.
   (D)   The said Commission shall evaluate public and private efforts to improve the cleanliness of the city and comparable efforts in other cities, and, from time to time, make reports and recommendations concerning programs to combat unlawful dumping, littering, improper storage and disposal of waste and like matters. The Commission shall operate as a separate Agency of the city, but shall make reports only through the Director of Administrative Services. The said Director shall make available to the Commission reasonable clerical assistance.
   (E)   Subject to acceptance of the same by the Mayor and City Council, the said Commission shall have authority to expend gifts, grants and grants in aid for the purposes given.
(CBC 1985 7-11; Ord. 1987 c. 3 § 1)
7-12   ENVIRONMENTAL ORDINANCE ENFORCEMENT COMMISSION.
   (A)   There shall be within the city a Commission, to be known as the Environmental Ordinance Enforcement Commission which shall consist of the Commissioners of the Public Works Department, Inspectional Services Department, Parks and Recreation Commission, Boston Police Department, the Real Property Commission and the Office of Service Management, or their respective designees, ex officio, and, a representative of the Office of Neighborhood Services appointed by the Mayor to serve at his or her pleasure.
   (B)   Members shall serve without compensation and shall be deemed special municipal employees.
   (C)   The Commission shall concern itself with the enforcement of ordinances, rules and regulations which have been designated for enforcement under the provisions of M.G.L. Chapter 40, Section 21D, and shall study the enforcement of other ordinances, rules and regulations of the city which are liable for designation for alternative non-criminal enforcement. The Commission shall exist as a separate budgetary unit of the city, attached to the Office of Neighborhood Services, but shall report to the Mayor.
   (D)   A copy of each report and study made by the Commission shall be filed with the City Clerk and transmitted by the Clerk to the City Council.
   (E)   The Commission shall, subject to acceptance and/or appropriation by the Mayor and Boston City Council expend such monies (including gifts, grants and grants in aid) as are made available, for the purposes designated.
   (F)   The Commission shall, subject to approval of the Mayor, employ a person to be known as the Director of Ordinance Enforcement, who, together with the Director’s Agents employees and designees, and together with all others authorized in the ordinances, shall have authority to enforce all of the Environmental Ordinances of the city under the provisions of said Section 21D, or by criminal complaint. Such of these persons as the Police Commissioner shall appoint as Special Police Officers shall have, in addition, authority to enforce all violations authorized by the said Police Commissioner.
   (G)   Any such person doing the same or similar work in another Department or Agency who is transferred to the Commission shall retain all benefits, seniority, sick leave, vacation leave and the like, as if their service were continuous in the prior Department or Agency.
(CBC 1985 7-12; Ord. 1987 c. 3 § 2)
7-13   RECYCLING PROGRAM.
7-13.1   Recycling Program Established.
   Pursuant to M.G.L. Chapter 40, Section 8H, there is hereby established in the city a recycling program the requirements of which are set forth herein.
(CBC 1985 7-13.1; Ord. 1990 c. 9 § 1)
7-13.2   Purposes.
   The purpose of the recycling program is to define goals and mechanisms for maximizing the percentage of Boston’s residential solid waste which is recycled. The program will further seek to facilitate greater recycling levels within the commercial sector, and identify ways in which the city’s purchasing policies can encourage recycling.
(CBC 1985 7-13.2; Ord. 1990 c. 9 § 2)
7-13.3   Definitions.
    For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALUMINUM. Any can, container, foil wrapping or product composed solely of aluminum.
   CITY. The City of Boston.
   COMMISSIONER. The Commissioner of the Public Works Department of the city or that person’s designee.
   DEPARTMENT. The Public Works Department of the city.
   DISTRICT. Waste collection districts as defined by the Commissioner.
   GLASS CONTAINER. Any bottle, jar or other container composed of glass, but not including containers composed of ceramic.
   MATERIALS RECOVERY FACILITY. A processing plant that receives as input a stream of recyclable material separated from municipal solid waste.
   METAL CAN. Any container composed of metal, including, but not limited to, any such container commonly used for beverages and food.
   PAPER. Any non-soiled paper, including, but not limited to, newspaper, mixed paper and corrugated cardboard.
   PLASTIC CONTAINER. Any bottle, carton, lid or tube composed of rigid plastic.
   RECYCLABLES. Materials that have the potential to be recycled and which are not commingled with solid waste or contaminated by significant amounts of toxic substances, including, but not limited to, aluminum, glass containers, metal containers, paper, plastic containers and yard waste.
   RECYCLING. To recover materials or by-products:
      (1)   Which are to be reused;
      (2)   Which are to be employed as an ingredient or a feedstock in an industrial or manufacturing process to make a product; or
      (3)   Which are to be employed in a particular function or application as an effective substitute for a commercial product or commodity (other than as a substitute for fuel). RECYCLE does not mean to recover energy from the combustion of a material.
   RESIDENTIAL OWNER. A person who owns or is in control of residential premises.
   RESIDENTIAL PREMISES. Any house, building or other structure used for dwelling purposes which receives waste collection service from the city.
   RESIDENTIAL WASTESTREAM. All solid waste which the city is responsible for collecting from residential premises.
   SET OUT CONTAINER. Any container composed of weatherproof material such as plastic or metal as defined by the Commissioner.
   SOLID WASTE. Garbage, refuse or other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from residential or commercial activities.
   YARD WASTE. Grass, leaves, tree and brush cuttings and similar material.
(CBC 1985 7-13.3; Ord. 1990 c. 9 § 3)
7-13.4   Recycling Mechanisms.
   (A)   On a schedule to be determined by the Commissioner, residential premises designated by the Commissioner shall be separate specified recyclables from all other solid waste that they deposit at the curb or other pickup locations for collection and shall place said recyclables in set-out containers for collection. The Department shall arrange for the collection of all said recyclables either through requirements of the regular district waste collection contract or through such other arrangements as the Commissioner determines to be most advantageous to the city.
   (B)   The Commissioner shall develop and implement alternative recycling programs for residential premises where, in the judgment of the Commissioner, a curbside collection program is not feasible for either a specified geographic area or for specific classes of residences.
   (C)   The Commissioner shall develop public education programs to maximize the separation and collection of recyclables. The Department may implement these programs in conjunction with the Boston Public Schools, Neighborhood Councils, community groups, private schools, businesses, labor organizations and other interested or affected parties. The education programs may include flyers, print and electronic media, public events or any other promotional techniques which the Commissioner determines will assure the greatest level of compliance with the provisions of this Section. Such programs shall begin at least one month before the effective date of separation requirements for specified residential premises, or a month before the start of operation of any alternative programs.
   (D)   The Commissioner may adopt rules and regulations to further the effective implementation of recycling programs.
   (E)   The Commissioner shall determine the most cost effective and appropriate means to bring about the construction and operation of a materials recovery facility or other similar facility to ensure adequate capacity for processing recyclables collected by the Department and its contractors under this Section. The Commissioner shall report the initial findings of this evaluation to the Mayor not later than July 1, 1991; and shall at that time seek whatever authority may be necessary to authorize the procurement and/or construction of such facility. The Commissioner may, from time to time, conduct additional evaluations of this nature in light of changing market conditions and shall report in a timely manner to the Mayor the results of such evaluations.
   (F)   The Commissioner shall ensure that all separation and collection programs and all contracts for separation, collection and disposal are consistent with all commonwealth and federal solid waste laws and regulations, including, but not limited to, 310 CMR 19:017: “Waste Bans”.
   (G)   The city-wide targets as defined throughout this Section shall describe the total amount of recycling of the residential wastestream occurring within the city at the relevant point in time. This shall include the results obtained through recycling of returnable plastic, glass and metal containers which are returned for deposit. The Commissioner shall prepare by July 1, 1991 a standard methodology consistent with that of the commonwealth of Commonwealth Department of Environmental Protection for quantifying the recycling results for returnable containers, and shall utilize that methodology annually in the preparation of reports required by this Section on the results of the recycling program.
(CBC 1985 7-13.4; Ord. 1990 c. 9 § 4)
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