Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 410.000 - Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II
Section 410.560 - Refuse

Universal Citation: 105 MA Code of Regs 105.410

Current through Register 1531, September 27, 2024

(A) Except as provided in 105 CMR 410.560(C) and 105 CMR 410.560(E)(4), the owner of any residence that contains two or more dwelling units, the owner of any rooming house, homeless shelter, manufactured housing community, and the occupant of any residence containing one dwelling unit shall be responsible for and pay for the final collection and ultimate disposal of refuse.

(B) Occupants of any residence shall follow the requirements established by their community for separation of recyclables, yard waste, food waste, and/or bulk item materials from refuse.

(C) Occupants and owners shall be responsible for the disposal of their bulk items in accordance with requirements established by their municipality.

(D) Storage.

(1) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Receptacles and covers shall be durable, pest-resistant and deter access by wildlife.

(2) Plastic bags or biodegradable liners shall be used as a liner to store garbage or mixed rubbish and garbage in the required receptacles.

(3) If a dumpster or cart-based automated or semi-automated system is used for storage and collection of garbage or mixed rubbish and garbage, no liner shall be required.

(4) Recyclables and garbage or mixed garbage and rubbish shall be stored in a manner that does not obstruct an egress, cause disease or health risk to humans or pets, or cause damage to property or the environment and is in accordance with the municipality's requirements.

(E) Collection.

(1) The owner of any residence shall provide a sufficient number of receptacles required by 105 CMR 410.560(D)(1) for the storage of refuse and recyclables before final collection or ultimate disposal.

(2) An owner who provides a dumpster or other suitable container, shall locate them on the property so as to be convenient to the occupant, so that no objectionable odors enter any residence, and in accordance with 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code. Dumpsters shall be covered, protected from leakage, and placed on an impervious material.

(3) The occupants of each residence shall be responsible for the proper placement of their refuse in the receptacles provided by the owner, in any dumpster or suitable container if provided by the owner, or according to the municipality's requirements.

(4) In municipalities with a Pay as You Throw Program in which a fee per bag of waste to be collected is charged, the occupant shall follow all municipal requirements and shall be responsible for all fees.

(5) Refuse shall be put out for collection in accordance with local municipal requirements, but no earlier than the day before collection. Garbage put out the day before collection must be placed in containers meeting the requirements of 105 CMR 410.560(D)(1).

(6) Plastic bags may be put out the day of collection, except in those places where such practice is prohibited by local rule or ordinance or in those cases where the board of health determines that such practice constitutes a health problem.

(F) Disposal may be by means of:

(1) The regular municipal collection system;

(2) Any other collection system approved by the board of health;

(3) When otherwise lawful, a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage, and which is otherwise maintained in a sanitary condition;

(4) When otherwise lawful, by backyard composting of compostable material, provided that the composting operation does not attract pests and does not create a nuisance, and provided further that in the case of composting by an occupant, the occupant obtains the prior written permission of the owner; or

(5) Any other method of disposal which does not endanger any person and which is approved in writing by the board of health.

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