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| 2 | 2 | | HOUSE DOCKET, NO. 2126 FILED ON: 1/19/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2242 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | David K. Muradian, Jr. , (BY REQUEST) |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to the permit for removal or transportation of refuse. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Luke Soojian1/19/2023 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2126 FILED ON: 1/19/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2242 |
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| 18 | 18 | | By Representative Muradian of Grafton (by request), a petition (accompanied by bill, House, No. |
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| 19 | 19 | | 2242) of Luke Soojian relative to board of public health permitting for removal or transportation |
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| 20 | 20 | | of refuse. Public Health. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE HOUSE, NO. 3612 OF 2019-2020.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to the permit for removal or transportation of refuse. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 31A of chapter 111 of the General Laws, as appearing in the 2016 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out the first paragraph and inserting in place |
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| 33 | 33 | | 3thereof the following paragraph:- |
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| 34 | 34 | | 4 No person shall remove or transport garbage, offal or other offensive substances or |
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| 35 | 35 | | 5deliver or install dumpsters throughout the commonwealth without first obtaining a permit from |
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| 36 | 36 | | 6the board of health of the city or town in which the person’s place of business is located. Said |
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| 37 | 37 | | 7permit shall authorize said person to remove or transport garbage, offal or other offensive |
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| 38 | 38 | | 8substances or deliver or install a dumpster throughout the commonwealth, and no other permit |
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| 39 | 39 | | 9shall be required; provided, that nothing in this section shall exempt a person from obtaining a |
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| 40 | 40 | | 10street occupancy permit as may be required by law, regulation, ordinance or by-law for the 2 of 2 |
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| 41 | 41 | | 11delivery or installation of a dumpster on a public way, provided, that a person shall not be |
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| 42 | 42 | | 12required to obtain such street occupancy permit for the delivery or installation of a dumpster at a |
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| 43 | 43 | | 13private residence so long as the dumpster is delivered or installed on private property and not on |
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| 44 | 44 | | 14a public way. Said person shall remove and transport said substances, and deliver and install |
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| 45 | 45 | | 15said dumpsters, in accordance with state and federal laws and regulations; provided that no state |
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| 46 | 46 | | 16or local rules or regulations shall restrict the hours of the day when garbage, offal or other |
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| 47 | 47 | | 17offensive substances may be collected in areas zoned for business, commercial or industrial use. |
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| 48 | 48 | | 18An application for a permit from the board of health to transport garbage, offal or other offensive |
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| 49 | 49 | | 19substances or deliver dumpsters pursuant to this section shall be in such form and contain such |
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| 50 | 50 | | 20information, on oath, as such board shall require. Said permits shall expire at the end of the |
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| 51 | 51 | | 21calendar year in which they are issued, but may be renewed annually on application as herein |
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| 52 | 52 | | 22provided; provided further, that said permit shall cost no more than $150 annually. No permit |
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| 53 | 53 | | 23shall be transferred except with the approval of the said board. |
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| 54 | 54 | | 24 SECTION 2. The second paragraph of said section 31A of said chapter 111, as so |
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| 55 | 55 | | 25appearing, is hereby amended by striking out the first sentence. |
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| 56 | 56 | | 26 SECTION 3. Section 31B of said chapter 111, as so appearing, is hereby amended by |
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| 57 | 57 | | 27striking out the first sentence. |
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