Chapter 125: SOLID WASTE DISPOSAL
[HISTORY: Adopted by the Town Meeting of the Town of Nantucket as indicated in article histories. This
chapter was formerly included in the Code as Ch. 91, but was renumbered 4-15-2003 ATM by Art. 26,
approved 8-27-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste enterprise — See Ch. 42.
ARTICLE I General Provisions [Adopted 4-10-1989 ATM by Art. 49, approved 7-24-
1989]
§ 125-1. Solid waste rules and regulations; landfill user fees.
The Board of Selectmen is hereby empowered to establish the necessary rules, regulations and fees for
handling, processing and disposal of the Town's solid waste. Such fees are to be credited to the general
fund of the Town of Nantucket and held and expended in accordance with the General Laws of the
commonwealth.
§ 125-2. Mandatory segregation and recycling. [Amended 4-8-1996 ATM by Art. 49, approved 7-24-1996]
The Board of Selectmen, acting as the Board of Public Works, is hereby required to instruct the
department responsible for solid waste disposal to establish, promulgate and enforce regulations to the
extent permitted by the General Laws of the commonwealth concerning the following matters:
A. The Department shall establish, promulgate and enforce regulations for recycling. The program
shall include but not be limited to, newspapers, cardboard, other paper articles and magazines;
clear, green and brown glass; aluminum and tin, including cans; all numbered plastics and
styrofoam; grass cuttings, leaves, brush and limbs; metal appliances; tires; recyclable construction
debris; and all materials listed as hazardous waste by the Massachusetts Department of
Environmental Protection. The rules and regulations shall provide penalties and fines.
B. Restrictions upon the sale or distribution of certain materials deemed to be detrimental to the
Nantucket Municipal Landfill, composting facility or the island's environment in general.
§ 125-3. Biodegradable packaging. [Amended 12-12-1989 STM by Art. 2, approved 3-14-1990]
All packaging added to or supplied by vendors or commercial establishments within the Town of Nantucket
for merchandise of any type being removed from the establishment shall comply with such rules and
regulations requiring the use of biodegradable packaging to the maximum extent reasonably practicable
as might be established by the Board of Public Works after a public hearing; provided, however, that this
section shall take effect April 15, 1990. "Biodegradable packaging" means any packaging other than
plastic or styrofoam.
§ 125-4. Transport of solid waste to disposal facility.
All loads of solid waste that are undergoing transport to the Town's solid waste disposal site for disposal
shall be fully covered in such a manner as to prevent strewing litter along the road during transportation.
The disposal materials must be in a tied bag, covered container or otherwise fully covered, such as by a
properly secured tarpaulin.
§ 125-5. Segregation of solid waste.
All persons entering the Town of Nantucket solid waste disposal facility for the purpose of disposal of solid
waste shall be responsible for the segregation of such solid waste into separate categories for separate
disposal or recycling, as follows: glass, rigid plastics, aluminum cans and ferrous metal cans or additional
categories as may be more fully defined from time to time by regulations of the Board of Public Works or
its designee.
§ 125-6. Violations and penalties.
All persons violating any section of this article shall be subject to the penalties set forth in Chapter 1 of the
Code of the Town of Nantucket.
ARTICLE II Unlawful Disposal of Garbage [Adopted 5-5-1992 ATM by Art. 70, approved
8-3-1992]
§ 125-7. Trash barrels and containers; restricted use.
A. It shall be unlawful for any person to dispose of household or commercial garbage or refuse by
placing it in or causing it to be placed in a trash barrel or other container which has been set upon a
public street, sidewalk or bicycle path or upon other public property by the Town for the
convenience of the traveling public.
B. It shall be unlawful for any person to dispose of household or commercial garbage or refuse by
placing it in or causing it to be placed in a trash barrel or other container which has been lawfully set
upon private property by any owner or occupant of the property for the exclusive use of said owner
or occupant or his or her visitors or patrons, without the authorization of said owner or occupant.
§ 125-8. Violations and penalties.
A. Any police officer of the Town, the Superintendent of Public Works or his designee may utilize the
noncriminal disposition specified in MGL c. 40, § 21D.
B. A violation of this article shall be punishable by a fine of $200.