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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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7-13.10   Fiscal Constraints.
   Nothing in this Section shall be construed to require the city to increase its net costs incurred for solid waste management.
(CBC 1985 7-13.10; Ord. 1990 c. 9 § 10)
7-13.11   Severability.
   If any provisions of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision or Subsection shall be considered separately and apart from the remaining provisions or Subsections of this Section, which shall remain in full force and effect.
(CBC 1985 7-13.11; Ord. 1990 c. 9 § 11)
7-13A   ACCESS TO RECYCLING PROGRAMS AND SERVICES—LARGE RESIDENTIAL BUILDINGS WITH MORE THAN SIX UNITS.
7-13A.1   Purpose.
   These Sections supplement the recycling program established in Subsection 7-13.1 et seq. and pursuant to M.G.L. Chapter 40, Section 8H by expanding the residential recycling program to include access for the residents of large residential buildings. Large residential buildings have been designated by the Commissioner as residential buildings with more than six units.
(CBC 1985 7-13A.1; Ord. 2002 c. 1)
7-13A.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   LARGE RESIDENTIAL BUILDING. A residential building with more than six units.
   OWNER. A person who owns or is in control of a large residential building.
   RECYCLING CART. Any container ranging in size from 30 to 90 gallons that is composed of weatherproof material such as plastic or metal and that is clearly marked and/or identifiable as a container for recyclables; the Department commonly refers to certain recycling carts in widespread use throughout the city as “toters”. RECYCLING CARTS shall be used only for the containment and collection of recyclables. RECYCLING CARTS are hereby specifically exempted from the fee and application provisions of Section 23-2 and Section 23-11.
   RECYCLING COORDINATOR. The person holding the position, or its equivalent, of Large Apartment Building Recycling Coordinator at the Department.
   RECYCLING GUIDE. That publication in its most current form, or its equivalent, published by the Department pursuant to Subsection 7-13A.5.
   RESIDENT. A lawful inhabitant of a large residential building.
   SET OUT CONTAINER. The same definition as promulgated in Subsection 7-13A.3(p) and is commonly referred to as “blue box”.
(CBC 1985 7-13A.2; Ord. 2002 c. 1)
7-13A.3   Access to Recycling Programs and Services.
   (A)   Owners shall provide to residents access to the recycling programs and services offered by the city to the extent herein required.
   (B)   Upon the Department’s or the Recycling Coordinator’s receipt of a request from a resident, the Recycling Coordinator shall notify the owner of its receipt thereof. An owner, within 30 days of receipt of the notice from the Recycling Coordinator, shall provide access to the recycling programs and services of the city by installing and maintaining an adequate number of recycling carts in a common area of the premises and within a reasonable proximity not to exceed 350 feet from a point of egress of a large residential building and as close as practicable to the current waste/trash removal dumpsters or containers for the large residential building; if an owner determines that the installation of recycling carts is impracticable, then the owner shall contact the Recycling Coordinator for generation and/or approval to supply residents with access through alternative measures including, but not limited to, providing a set out container to each unit in the large residential building. If the Recycling Coordinator is unable to generate and/or approve alternative measures as aforesaid, then the owner may seek an exemption pursuant to Subsection 7-13A.4.
   (C)   Nothing in this Section prohibits owners from supplying residents with set out containers.
(CBC 1985 7-13A.3; Ord. 2002 c. 1)
7-13A.4   Owners Unable to Comply; Exemption.
   (A)   (1)   An owner may submit to the Commissioner a detailed letter requesting exemption from the requirements of these Sections within 30 days of the date of final determination under Subsection 7-13A.3 regarding alternative measures to providing access to the recycling programs and services. Said detailed letter shall include:
         (a)   The owner’s reasons for the request for exemption;
         (b)   The specific steps the owner has taken to evaluate the owner’s large residential building and its premises regarding compliance with these Sections; and
         (c)   The specific steps the owner has taken in an attempt to comply with the provisions of these Sections.
      (2)   The Commissioner shall, within 30 days of the receipt of the request, respond in writing to the owner by:
         (a)   Rejecting the request and directing the specific steps the owner must take to ensure compliance with these Sections; or
         (b)   Approving the request.
      (3)   The decision of the Commissioner is final and may be appealed only to a court of competent jurisdiction.
   (B)   Any large residential building from which the city does not collect trash is exempt from the requirements of these Sections. Nothing in these Sections prohibits such a large residential building from voluntarily providing access to the city’s free recycling services.
(CBC 1985 7-13A.4; Ord. 2002 c. 1)
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