ADAMS, Mass. — The Board of Health will hold a public hearing to address new solid waste hauler regulations to discourage unpermitted haulers from operating in the town.

 

"I do get complaints," Chairman David Rhoads said at last week's Board of Health meeting. "I understand a large part of this is protecting those enterprises that go by the book. I think that is really important for us."

 

Code Enforcement Officer Mark Blaisdell said he has received numerous complaints about unpermitted haulers picking up trash and scrap in town.

 

Without a proper regulation on the books, he said, there is little the town can do. He said if he observes an infraction he can approach the hauler. He said the police can also be notified. 

 

Blaisdell suggested creating a new regulation that would allow the town to fine residents who use unpermitted haulers.

 

"The enforcement is more difficult because there is no language on the books," he said. "As long as there is a regulation there, the town can enforce it ... there is no accountability for constituents who use a nonpermitted hauler."

 

Rhoads said he would consider the amendment but didn't want to fine neighbors simply helping neighbors. 

 

Blaisdell said he did not think this would be a problem unless there was compensation of some kind. 

 

"If you are taking a neighbors trash after they just got surgery, for example, that is good-natured," Blaisdell said. "If you do it on a regular basis and take compensation that, in my opinion, would constitute a business."

 

Board of Health member Peter Hoyt agreed but felt the town had to educate residents. He said most people don't think to ask for a permit before they hire a trash hauler.

 

"Most people don't do that or think of it when you are looking for a hauler," he said. "You are just worried about getting it out the yard. I don't disagree; I just want to understand how people are going to be educated on it."

 

Blaisdell said all haulers are supposed to carry a permit in their truck. He said residents can also ask for a permit or call his own office.

 

Rhoads added that the town should be able to advertise this new regulation.

 

Rhoads said he would like to see a draft regulation next week 

 

In other business, Rhoads said a recent Open Meeting Law complaint against the board has been resolved.

 

"We can let this rest, thank goodness," Rhoads said.

 

In July 2020, a resident filed a complaint against the board members accusing them of deliberating via email with the code enforcement officer and building inspector.

 

At the time, Town Counsel Edmund St. John III said this is not an issue because the board members did not email amongst themselves outside of a public meeting. He said it is standard practice for boards to receive information from department heads and town employees.

 

Another part of the complaint was that the public was muted during portions of the meeting.

 

Rhoads said the attorney general resolved the complaint and agreed there was no violation.