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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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7-13.8.3   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMISSIONER. The Commissioner of Public Works of the city, or such person as said Commissioner may delegate.
   HAULER. Any public or private solid waste collector.
   RECYCLABLES. Materials that are restricted from disposal and transfer for disposal at solid waste facilities in the commonwealth pursuant to 310 CMR 19.017. These waste ban items include: leaf and yard waste, tires, white goods, metal, glass and plastic containers, paper and cathode ray tubes, asphalt pavement, brick, concrete, metal and wood.
(CBC 1985 7-13.8.3; Ord. 2008 c. 14)
7-13.8.4   Permitted Haulers to Comply.
   As a precondition to receiving a permit from the Commissioner pursuant to Section 23-1, all haulers shall offer all commercial solid waste customers the services of collecting and properly disposing of recyclables. The Commissioner shall require all haulers to sign an affidavit certifying that they are in compliance with this Section as a condition of said permitting application process.
(CBC 1985 7-13.8.4; Ord. 2008 c. 14)
7-13.8.5   Alternative Procedure.
   If any hauler affected by this Section is unable to offer recycling services to all commercial customers, said hauler may, in the alternative, petition the Commissioner to approve an alternative procedure for offering recyclable services. The Commissioner shall have the discretion to grant a permit pursuant to Section 23-1 upon determining that the hauler is unable to comply with Subsection 7-13.8.4 and said hauler has established an adequate alternate recycling service procedure, including, but not limited to, establishing a partnership with another hauler to offer recycling services to commercial customers.
(CBC 1985 7-13.8.5; Ord. 2008 c. 14)
7-13.8.6   Education.
   (A)   All haulers affected by this Section shall provide its commercial customers with informational materials detailing its recycling services and educational materials regarding recycling.
   (B)   Upon filing for an initial or renewal hauler permit, all haulers affected by this Section shall provide the Commissioner with an annual report that contains the following information for the preceding fiscal year:
      (1)   The total number of commercial customers;
      (2)   The number and total percentage of commercial customers that utilize the hauler’s recycling service;
      (3)   The total amount of solid waste tonnage collected and the total amount of recyclables collected; and
      (4)   A description of its customer education materials related to recycling services.
(CBC 1985 7-13.8.6; Ord. 2008 c. 14)
7-13.8.7   Enforcement.
   The Commissioner shall enforce the provisions of this chapter and shall have the authority to issue regulations for the purpose of enforcement.
(CBC 1985 7-13.8.7; Ord. 2008 c. 14)
7-13.8.8   Penalties.
   Failure to offer recycling services under Subsection 7-13.8.5, failure to obtain alternate procedure approval from the Commissioner under Subsection 7-13.8.5, or failure to comply with the education requirements in Subsection 7-13.8.6, shall result in a $150 fine for the first violation, $300 for the second violation, and on a third violation the hauler’s permit will be revoked by the Commissioner. A hauler may appeal to the Commissioner to have the permit re-issued and the Commissioner shall re-issue said permit once the hauler provides sufficient proof that it is in compliance with the provisions of this Section. Nothing in this Section shall interfere with the Commissioner’s authority to suspend or revoke a permit for any other reason allowed by law.
(CBC 1985 7-13.8.8; Ord. 2008 c. 14)
7-13.8.9   Severability.
   If any provision of these Sections or the application of these Sections to any person or circumstance shall be held invalid by a court of competent jurisdiction, the validity of the remainder of these Sections and the applicability of such Sections to other persons or circumstance shall not be affected thereby.
(CBC 1985 7-13.8.9; Ord. 2008 c. 14)
7-13.8.10   Implementation.
   The provisions of these Sections shall be effective March 1, 2009.
(CBC 1985 7-13.8.10; Ord. 2008 c. 14)
7-13.9   Purchasing Policy.
   The City Purchasing Agent shall, within six months of effective date of this Section research the feasibility of revising procurement specifications in order to establish a preference for those products containing recycled materials, wherever feasible, and shall recommend appropriate purchasing policy amendments to the Mayor.
(CBC 1985 7-13.9; Ord. 1990 c. 9 § 9)
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