Section 8H: Recycling programs
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/ma/part-i/title-vii/chapter-40/8h·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8H. A city, town, or district may establish, by approval of the local legislative body, a recycling program for the purpose of recycling any type of solid waste including but not limited to paper, glass, metal, rubber, plastics, used tires and compostable waste. The program may be established for groups of cities, towns, or districts upon agreement of all municipalities or districts in a joint program.
Any recycling program established pursuant to this section may require that all residents, schools and businesses in a city or town separate from their solid waste those recyclables designated by the local legislative body. In cities and towns in which solid waste is collected at the curbside, the recycling program may include curbside collection of such recyclables. In cities and towns in which residents, schools or businesses may take their solid waste to a municipal landfill or transfer station, the recycling program shall include provision for the separation and storage at such landfill or transfer station of the solid waste being disposed by such resident, schools or businesses, and may include collection of recyclables at the curbside.
For purposes of this section, local legislative body shall mean the body of municipal government which is empowered to enact ordinances or by-laws and adopt an annual budget and other spending authorizations, whether styled as a city council, board of aldermen, town council, town meeting or by any other title. The department of environmental protection shall cooperate with local legislative bodies in the development of recycling programs, and no such program shall be established unless the municipality or district has first consulted with said department.
A city or town may appropriate money in any year to a recycling fund of which the treasurer shall be the custodian. He may deposit or invest the proceeds of said fund in savings banks, trust companies incorporated under the laws of the commonwealth, banking companies incorporated under the laws of the commonwealth which are members of the Federal Deposit Insurance Corporation, or national banks, or invest it in paid up shares and accounts of and in co-operative banks or in shares of savings and loan associations or in shares of federal savings and loan associations doing business in the commonwealth, and any income therefrom shall be credited to the fund.
Money in said fund may be expended by said commission for any purpose authorized by this section, other than a taking by eminent domain.