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HomeMy WebLinkAbout2023-02-13 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday—Monday, February 13, 2023 7:00 p.m. 120 Main Street R Senior Center Live broadcast can be heard on www.northandovercam.org Present: Michelle Davis,Dr.Patrick Scanlon,Jennifer Abou-Ezzi,Jennifer LeBourdais,Brian LaGrasse, Stephen Casey Jr,Carolyn Lam and Toni K.Wolfenden I. CALL TO ORDER The meeting called to order at 7:00 pm. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. Meeting Minutes from November 3,2022 presented for signature. Motion made by Michelle Davis for approval,seconded by Jennifer Abou-Ezzi,all in favor and the minutes approved.(4-0-0) B. Meeting Minutes from December 15,2022 presented for signature. Motion made by Dr.Patrick Scanlon for approval,seconded by Jennifer Abou-Ezzi,all in favor and the minutes approved.(4-0-0) IV. NEW BUSINESS A. Plastic Bag Ban—Nancy Sarro and Keith Connors,from the North Andover Citizens for Sustainable Living Committee has come before the board to seek support and feedback for a warrant article which will be in the upcoming annual 2023 Town Meeting. Support is needed because the warrant will have the health department enforce a potential restriction on plastic checkout bag use for retailers and food establishments. The article will affect all businesses that are currently selling human and animal food products. Areas not affected will be those not selling food products,schools,non-profits,festivals,and religious institutions. If the article is accepted at town meeting,the restriction will begin in January 2024. Free reusable bags have been secured to give away to seniors and others on fixed incomes. The committee will also seek grants and donations to purchase additional reusable bags. Using the reusable bags will allow,over time,for retailers to save on packaging costs. Surrounding towns/cities do have a plastic ban,however it is not widely accepted by various health departments due to work overload. Michelle Davis inquires about an exemption clause for the health department due to costs for small businesses. Any attempts to accept a plastic bag ban at the state level has stalled beginning in 2019. Various bills have been proposed but have not been accepted,yet. Brian LaGrasse would prefer this be done at the state level. State level restricts would allow for one set of regulations and one set of rules. Rhode Island has a statewide restriction on plastic bags. The town will have to monitor hundreds of establishments for plastic bags. Stephen Casey is concerned for the business in town because they have been impacted by COVID-19. The committee is considering a size threshold on the restriction. For constructive feedback please email nandoveresl@gmail.com. See Appendix A. See Appendix B.for warrant article. 2023 North Andover Board of Health Meeting Note: The Board of Health reserve the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member. Department Staff:Brian Lagrasse,Health Director;Stephen Casey, Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. V. OLD BUSINESS A. Grants—Update 1. Community Health Assessment Grant: The surveys,focus groups and individual interviews have been completed. North Andover had about 1000 responses. This gives a good starting baseline. Secondary stage of data collection has begun. Planning sessions will start in the near future. The advisory committee will focus on the planning sessions and come up with a priorities list. The development of the implementation phase will start after the priorities are made. 2. Public health Excellence Grant:The commitment letters have been signed from each participating community. The towns/cites involved are:Andover,North Andover,Haverhill,Reading,North Reading,and Lynnfield. The first round of funding,which was$148,000 has been received. The job description for the program coordinator is being worked on by North Andover Human Resources Department. This position will be posted on Massachusetts Health Officers Association(MHOA),Massachusetts Association of Public Health Nurses(MAPHN), Massachusetts Municipal Association(MMA)and to each individual town and city. After the program coordinator is hired,the next positions will be a shared regional inspector and a regional public health nurse. VI. PUBLIC HEARING MOTION made by Michelle Davis to enter the PUBLIC HEARING,Motion approved.7:40pm(4-0-0) This public hearing is called to order. The 2015 Town of North Andover Board of Health Regulations Concerning the Hauling and Disposal of Solid Waste is to be updated with approval from the Board of Health. See Appendix C. The trash hauling regulations where originally adopted in 2000. Over time, amendments have been made to make the regulations more relevant. The latest update is for language cleanup located in section 4E. The health department has met with the police to review different enforcement issues. One line mentioned is issuing permit violations to the company. Under the ticketing process used by the Police Departments allowed under Massachusetts General Law Chapter 40 section 21 D;the ticket appeal goes to a Clerk Magistrate. A ticket can not be issued to a person without a social security number or some sort of license number. Companies cannot be issued a ticket. Regulations ask for the police to give tickets to the company for a permit violation but they could not do it so things are getting thrown out of court. The town counsel advised to remove the line that states: The North Andover Police Department shall issue tickets/violation notices to the waste hauling compares with a copy sent to the Board. The line added at the end of the paragraph at the end of the section is: The Board of Health shall be notified ofthe issuance of ticket and or violation notices. Tickets will now be issued to the driver of the trash hauling truck. MOTION made by Dr.Patrick Scanlon to end the public hearing,seconded by Jennifer Abou-Ezzi. All in Favor(4-0-0)7:43 pm MOTION made by Jennifer Abou-Ezzi do adopt and approve the new 2023 Trash Hauling Regulations, seconded by Jennifer LeBourdais. All in favor,motion approved. (4-0-0) A signed,true,attested,and stamped copy will be sent to Department of Environmental Protection(DEP). VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. COVID-19 Updates—Transmission of the COVID-19 virus has been slow and numbers low. The contact tracers are still available through the region which is based out of Andover. There are clusters that pop up at long-term care facilities. The current strain is the XAB 115,which is an offset of the Omicron. It is not more severe. North Andover has 18 active cases. Hospitals seeing mostly incidental cases. North Andover Board of Health Meeting Minutes Thursday—Monday,February 13,2023 7:00 p.m. 120 Main Street R Senior Center Live broadcast can be heard on www.northandovercam.org VIII. ADJOURNMENT MOTION made by Dr.Patrick Scanlon to adjourn the meeting,seconded by Jennifer LeBourdais. Motion approved,all in favor.Meeting adjourned at 7:43 pm. Prepared by: Toni K Wolfenden, Health Dept.Assistant Reviewed bv: All Board of Health Members&Brian LaGrasse, Health Director Signed by: 11116 23 Dr. ick Scanlon, Clerk of the Board Date Signed Documents Used At Meeting: Agenda North Andover Citizens for Sustainable Living—Slide Deck Warrant Article Draft—Regulations Concerning the Hauling and Disposal of Solid Waste 2023 North Andover Board of Health Meeting Note: The Board of Health reserve the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Ezzi RN,Member;Jennifer LeBourdais,RN,Member. Department Staff:Brian Lagrasse,Health Director,Stephen Casey, Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. North Andover Board of Health Meeting Agenda Monday,February 13, 2023 7:00 pm 120 Main Street R Senior Center Live broadcast can be heard on www.northandoverma.gov I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MEETING MINUTES A. November 3 2022 B. December 15,2022 IV. NEW BUSINESS A. Plastic Bag Ban V. OLD BUSINESS A. Grants-Updates VI. PUBLIC HEARING A. 2015 Trash Truck Regulations-Update VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSIONS A. COVIDI9—Updates 2023 North Andover Board of Health Meeting-Meeting Agenda Page 1 of 1 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members,Michelle Davis,RN,Chairwoman;Dr.Patrick Scanlon Clerk/Town Physician/Member;Jennifer Abou-Eza,RN,Member;Jennifer LeBourdais,RN,Member;Joseph McCarthy,Member. Department Staff:Brian LaGrasse, Health Director;Stephen Casey,Public Health Inspector;Carolyn Lam,RN,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant. An Initiative to Promote Reusable and Recyclable Bags in North Andover, MA Presented by: AV' AW N A C S L�t LivingNorth Andover Citizens for Sustainable � Overview 1 . The Plastic Problem — Volume, Health, & Recycling 2 . The Current Status of Plastic Bag Regulation in Our State and Local Region 3 . Warrant Proposal and Associated Benefits NOTES: The Plastic Problem—As it relates to Volume, Health & Recycling The Plastic Problem : Sheer Volume NOTES: Looking at the plastic problem by its sheer volume—a quantity that is overwhelming our land and seas. "By 2050, oceans will contain more plastic than fish by weight" -Ellen MacArthur Foundation The Dame • Foundation, World . . Report, . NACSL NOTES: • "By 2050, oceans will contain more plastic than fish by weight" 0 This quote is from a report funded by the Ellen Mac Arthur Foundation Alaska KilogramsGarbage concentration per square Z.7- 01 1 10 100 Atlantic Great Pacific Ocean Garbage Patch UNITED San Francisco Hawaii �"�----/ Africa Source:The ocean cleanup Ilk MOP— https://theoceancleanup.com/great-pacific-garbage-patch/ • Plastic is so over produced that there are currently 5 large floating plastic islands in our oceans. The largest is in the Pacific Ocean, as seen in the lefthand photo, and is 3 times the size of France. A floating plastic island also exists in the Atlantic Ocean as seen on the right. NOTES: • Plastic that doesn't find its way into our oceans, becomes a disposal problem on land and the need for expanded landfills. • Plastic is everywhere and a blight on nature destroying the beauty of our natural land and seascapes. }� Our Town By The Numbers r. ■ 365 plastic bags used annually per person 1 30 915 North Andover population o ulation 11.3 million plastic bags are used by our town per year j 1. National Geographic, 2018, Fast facts about plastic pollution htt s: www.national eo ra hic.co 2. 2020 US Census Going from the global to the local, this slide considers the volume of plastic bag usage in our town. NOTES: According to a National Geographic article, each person uses approximately 365 plastic bags annually • Where North Andover has a population of 30,915 citizens according to the most recent census, this means approximately 11.3 million plastic bags are used by our town per year-that's a lot of plastic bags! n 7r . .^x; ,.x t s°R .>r " ,}, ,. " ;r« Plastics Causing Local Litter Problems 1 - � � � t , {J l!�3� � Q1 Ill •"7 z{tj`Cr•'�.' ';i: 7k � i ! �'�', , • :f t l l • The use of that may plastic bags creates a litter problem because even when plastic bags are disposed of properly, they can easily escape from recycling and trash bins, garbage trucks, and landfills causing visual blight and clogged drains. Clogged drains, of course, can lead to flooding and create a host of other problems. NOTES: • The three pictures on this slide are photos take from around town. • The left photo is fromTurnpike street, the center is from trash collected by citizens on EarthDay cleanup by Lake Coch- ichewick, and the right is recently from Becky's pond behind Rocky's hardware. The Plastic Problem : Harmful to Humans and Animals "Only humans make waste that nature can't digest." -Capt. Charles Moore, Oceanographer MICROPLASTICS tf •- searchers found evidence of plastic contamination in tissue samples ` takenliver, spleen and kidneys • •d human cadavers. Macroplastics >200mm ,. Me- tics 200m Microplastics ® lmm-Smm l ^` Nano plastics CL: P <imm ZM v .foodsafetymaipzlne.com/mivoplashc-conteminatkm-&-the food- pply-chnin Sources: 1)www.nationalgeographic.com-You eat thousands of bits of plastics every year;2)www.sciencealert.com Human-LOnsuTTTp"moRyTiviicroplast*ics C as reported • • • Plastics takes 500-1,000 years to break down and never fully biodegrade. Instead, plastics break down into tiny particles of various sizes the smallest of which are called "Nanoplastics". These tiny particles end up in our water and soil contaminating our food chain and entering our body as shown in the illustration on the right. In case you can't read the caption, Those particles shown on the persons finger were taken from tissue samples collected from the lungs, liver, spleen and kidneys of humans. NOTES: Researchers estimate that the average person ingests more than 74,000 microparticles of plastic each year according to a 2020 published report in the Environmental Science &Technology magazine. Most of the plastics ever produced still exists in the world in some form or other threatening animal and human health. Harmful to Marine and Land Animals ■ Suffocate, choke, intestinal blockages and entanglement. ■ 100,000 marine animals are killed by plastic bags annually.1 } yWill y . y-a r. • The pervasiveness of plastic waste in the ocean and on land harm and kill animals by entanglement, suffocation, choking and NOTES: intestinal blockages as these pictures illustrate. 0 100,000 marine animals are killed by plastic bags annually. Causing Human Harm During Plastic Production Plastic bags are made from climate warming fossil fuels . n ry .4 4. xay,`MM,:Jt. 1. .... �.. .. ...... ..."_.-' .. -.. In the United States, 12 million gallons of oil are required to produce plastic bags. Of all oil extracted annually, 8-10%of it is used in making plastics. The extraction process of fossil fuels harms humans by: • polluting the air with sulfur dioxide, nitrogen oxides and particulate matter causing acid rain, asthma, cancer, heart disease etc. NOTES: • polluting our water with arsenic, lead, chlorine and mercury leading to many human health problems (Environmental and Energy Study Institute found at `Eesi.org') Further, the burning of fossil fuels contributes to climate change causing weather extremes such as increasingly higher temperatures and droughts (resulting in the reduced water level at Lake Cochichewick), extreme winds and power outages, and floods. These weather abnormalities effect our food and water and our very existence. Causing Harm during Plastic Disposal �f= North Andover incinerates its waste. Burning plastics emit dioxins, furans, and biphenols and phthalates. HTTPS://factor.Niels.nih.gov/2022/8/science highlights/burning-plastics NACSC • Harm to human and animal health also occurs in the disposal of plastic bags here in North Andover because North Andover incinerates its trash at Wheelabrator located on Holt Rd. NOTES: • When plastics are burned, they release toxic gases like dioxins, furans, biphenols and phthalates—these toxins that can disrupt neurodevelopment, endocrine, and reproductive functions. The Plastic Problem : Challenging to Recycle Many people give .., bags are plastic their best efforts to not easy to recycle ! recycle ... BUT - 16 NCRTtt ANDCYER MYCLIS CURBSIDE COLLECTIOM !�. SINGLE STREAM MEANS:ALL THE FOLLOWING RECYCLABLES MAY BE WHAT YES NO �i All Plastic containers with the numbered recycle triangle No Deli or Salad Containers 1PLASTICS Soda,Water&Juice bottles No Black takeout container COB sJ Plastic milk&juice bottoms/trays ` RECYCLE RECYCLE containers No disposable silverware i Rinsed out Jugs such as may No spray bottle pumps rva t-, and salad dressing o Styrofoam/bubble wrap . Clear plastic take out lids No p antic ba s k�wcar stares v and containers-rinsed Photo Credits:Right hand side—Market Basket in North Andover; Lefthand side—North Andover Recycling Flyer NACSCV0'_ NOTES: Plastic bags are not accepted in North Andover's curbside recycling. Plastics Waste Management: 1960-2018 40,000,000 _, 30,000,000 N o20,000,000 F.. 10,000,000 r' 0 r 1960 1970 1980 1990 2000 2005 2010 2015 2017 2018 Year Click on legend items below to customize items displayed in the chart Recycled Composted Combustion with Energy Recovery Landfilled Source: PFPPP • .. •• • .• . . .- .. • • 1CSL This chart was generated by the EPA and illustrates how plastic waste is managed in our country. NOTES: You can see how how plastic waste has just exploded over the last 50 years and just how little of it gets recycled.That is represented by the dark blue. The light blue, is what is incinerated and the gray represents plastics going to landfill. Only plastic 5 % of in the U . S . are recycled . . Only S% of plastic bags in the U.S. get recycled. NOTES: We tested this statistic by conducting our own simple survey of shoppers at the North Andover Market Basket. For 1 hour, we counted the number of customers that took plastic bags and the number of customers that returned them. The result- 273 shoppers took plastic bags at checkout and only 7 returned them. The Current Status of Plastic Bag : Regulation in Our State and Local Region Current Information on Plastic Bag Regulations ■ 154 Towns 67% of the state's population o � � MA cities & towns that currently regulate single use plastic shopping bags. PPW . . NACSC� NOTES: The dark colored green areas shown in the map represent 154 Massachusetts cities and towns that currently regulate single-use plastic shopping bags including most of North Andover's neighbors. This represents over 67% of the state's population. Warrant Proposal and Associated Benefits Proposal To regulate checkout bags by requiring they are paper or reusable, at establishments that carry any type of food . Ala CAN 10 '"'• �` �, . The reason why the proposal states "food "establishments is because this regulation will be enforced by our health department or their NOTES: contracted designee. Our health department inspects all establishments that serve or carry food even if the food is wrapped. Therefore, even establishments like TJ Maxx or CVS will be subject to this proposal as they carry wrapped food. Plastic Bags Allowed Under the Warrant 4 AN e [ iP. �°M'1 6gI0Y m I'7 ,t7:I L ffkk 1I i n iI�:iK.Mo Ana 1 BAGS ghanu This slide shows some of the many plastic bags that can still be used. NOTES: The ice, vegetables and chicken bags are allowed as they are not at check out. The dry cleaner and newspaper plastic bags are allowed because those business do not sell food. And lastly, you can still buy plastic garbage bags to line your trash cans Free Dog Poo Bags !holemeaV o 4i _ . Mfliulr NOR Draft Warrant Article Details Q: What businesses does this warrant article affect? A: All of those selling human and animal food products. Examples: Market Basket, TJ Maxx, Petco, CVS, Bertucci's Q: Who is not affected? A: Those not selling food products AND Schools, Non-profits, Festivals, Religious Institutions Q: How would this be enforced? A: By the North Andover Health Department. Q: When would it start? A: January 1, 2024 North Andover - Challenges & Possible Solutions ■ Patron Cost Donated, reusable bags ■ Business Cost Paper bag use diminishes over time/ no plastic bag cost We understand this warrant article, which creates change, might pose a few challenges. We address some of those potential challenges in this slide. For example, we understand the cost of reusable bags for senior citizens and others on fixed incomes could be a challenge. To address that challenge, NACSL has secured free bags to give away to those who need it. NACSL may also seek grants and donations to purchase additional reusable bags. NOTES: Increased cost to retailers for paper bags: Since NACSL goal is to promote the use of reusable bags, paper bag costs by retailers will go down over time as more and more people use reusable bags. We expect retailers will save on overall packaging costs over time with the elimination of plastic bag costs and the reduction in paper bags. Benefits of PassingRegulationthe and UsingBagsReusable ■ Reduction in litter -- I ■ Won't cause harm to people, plants or animals ■ Lessen the use of fossil fuels ` ■ Lessen the toxins emitting from our incinerator r. ■ Superior quality bag that won 't rip or tear and is more convenient to carry ■ Holds more items, less trips Thank you for your interest in supporting this initiative ! Any Questions? ��� irr,ttEN j 9 Contac4 nandoveresln gmail.com s NOTES: We humbly ask for your support for this important initiative to help North Andover preserve its environment for future generations, and to join other local communities in sustainable living. 4401'evally- Article : Add New General Bylaw-Chapter Reduction of single-use plastic checkout bags: To see if the Town will vote to amend the General By-Laws,by adding Chapter 148 , entitle"Reduction of single-use plastic checkout bags"as follows: ARTICLE I Reduction of single-use plastic checkout bags § 148-1. Purpose and Intent. The purpose of this bylaw is to promote the use of reusable bags by regulating the use of single- use plastic checkout bags in the Town. The manufacture and use of single-use checkout bags has a significant detrimental impact on the environment, including,but not limited to: contributing to pollution of land,waterways,and oceans; contributing to the death of land and marine animals through ingestion and entanglement; creating a burden to solid waste collection and recycling facilities; clogging storm drainage systems; and requiring the use of millions of barrels of crude oil. Plastic bags also affect human health by adding pollutants to the air breathed during the process of extracting oil from the ground,when they are disposed of by incineration, and when they break down into microplastics(pieces<5mm) adding toxic elements to the air, groundwater and seawater. Plastic never fully biodegrades; microplastics are ingested by fish, crustaceans, bivalves and other ocean life moving up the food chain to ultimately disrupt human health. Plastic bags are rarely recycled and are not biodegradable. The reduction of plastic bags demonstrates the Town's concern for the Town,its citizens and the planet. § 148-2 Definitions. a) "Checkout bag", a carryout bag provided by a store to a customer at the point of sale. Bags used to bring loose produce or products to the point of sale are not considered checkout bags. b) "Recyclable Paper Bag" means a paper bag that is (1) 100 percent recyclable including, if present,the handles; (2) contains at least 40%post-consumer recycled paper content; and, (3) displays the words "recyclable" and "made from 40% post-consumer recycled content" (or other applicable amount)in a visible manner on the outside of the bag. c) "Food establishment" shall mean an operation that stores, prepares, packages, serves, vends or otherwise provides food for human or animal consumption. However, the term "food establishment" does not include bazaars or festivals operated by nonprofit organizations or religious institutions as defined by M.G.L. c. 12 or public or private schools. d) "Reusable checkout bag", a bag that (1) if it has handles, the handles are stitched and not heat fused; and (2) is made of either (a) natural fibers (such as cotton, hemp, linen or other woven or non-woven fibers); or (b) plastic that is durable, non-toxic, and generally considered a food-grade material that is more than 4 mils thick and that is not polyethylene (including but not limited to HDPE and LDPE), polyethylene terephthalate (PETE), or polyvinyl chloride. §148-3. Regulation a) If any food establishment as defined in Section 148-2 (d) provides a checkout bag to customers,the bag shall comply with the requirements of being either a recyclable paper bag or a reusable checkout bag. §148-4. Enforcement and Penalties. a. This bylaw shall be enforced by the Health Department, and its designated agent and may be enforced by any lawful means in law or in equity including,but not limited to, a non- criminal disposition as provided by M.G.L. c. 40 § 21D and the Town of North Andover General Bylaw Chapter 1,Article II, § 1-2(A). b. Any food establishment that violates any provision of this Section shall be subject to the following penalties: i. Upon the first violation,the designated agent shall provide the violator with written notice of such violation. The violator will then be entitled to 30 days after receipt of such notice to cure the violation before imposition of the fine. ii. After the 30-day period, if the violation has not been cured, a fine of$100 per day will apply until the violation is cured. iii. Additional violations after a cure will result in a fine of$100 per day without a 30-day grace period. §148-5. Effective Date. a. This bylaw shall take effect January 1, 2024 to allow time for food establishments to use their existing inventory of non-compliant checkout bags and to convert to alternative packaging materials. b. Each section of this bylaw shall be construed as separate to the end that if any section, sentence, clause or phrase thereof shall be invalid for any reason,the remainder of this bylaw shall continue in force. or take any other action relative thereto. North Andover Sustainability Committee Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: This Bylaw prohibits food establishments from distributing single use plastic check out bags. The Bylaw will not be implemented until January,2024. An affirmative vote will approve the single use plastic checkout bag ban. e � P Town of North Andover Board of Health Regulations Concerning the Hauling and Disposal of Solid Waste I. AUTHORITY Pursuant to M.G.L. Chapter 111, Sections 31 and 31A and the authority granted to the Town of North Andover under a Site Assignment issued by the Department of Environmental Quality Engineering dated May 11, 1982, the North Andover Board of Health hereby issues the following regulations governing: 1) The transporting of solid waste in or through North Andover for disposal at the Wheelabrator, TBI or the Covanta facilities. 2) Trash trucks(whether full or empty),that travel through North Andover to collect solid waste,for disposal at the Wheelabrator, TBI.or the Covanta facilities. H. FINDINGS The North Andover Board of Health finds that a large number of trucks transporting solid waste to,and leaving,the Wheelabrator and TBI facilities in North Andover and the Covanta resource recovery facility in Haverhill use roadways in North Andover that are not well suited for this purpose. The North Andover Board of Health finds that this use of unsuitable roadways imposes a substantial burden on North Andover and threatens public health,safety and the environment. The North Andover Board of Health finds that there is a convenient and suitable route for trash trucks to use,which is referred to in these regulations as"the Designated Route." The North Andover Board.of Health finds that in 1985,the Board of Selectmen of North Andover voted to require waste haulers to use the Designated Route pursuant to the authority granted to the Board of Selectmen in the Site Assignment for the Wheelabrator facility issued by the Department of Environmental Quality Engineering. The North Andover Board of Health finds that despite the 1985 designation by the Board of Selectmen, there is widespread use of non-designated roadways. The North Andover Board of Health finds that it is necessary and desirable to promulgate regulations designed to enforce the use of the Designated Route. ' , I M. DEFINITIONS The term"the Board"means the North Andover Board of Health. The term"Designated Route"is the route that non-exempt trash haulers shall use for access to and egress from the Wheelabrator facility,TBI facility and Covanta facility. For access to the Wheelabrator facility,it is Route 495 to the Route 125 connector, and south on Route 125 to Holt Road. For egress from the Wheelabrator facility,it is Holt Road to Route 125 North to the Route 125 Connector, and to Route 495. For travel in North Andover to enter or exit the Covanta facility in Haverhill,the Designated Route for non-exempt communities is Route 495. The term"exempt communities"currently means North Andover as set folth in section V(D),Boxford, Rowley and Georgetown as set forth in section V(E),and Andover,Lawrence,North Reading, Haverhill,Middleton,Peabody,Hamilton,Wenham,and Manchester-by-the-Sea,as set forth in section V(F). The term"Wheelabrator facility"means the resource recovery facility,located at 285 Holt Road in North Andover. The term"Covanta"facility means the resource recovery facility,located at 100 Recovery Way in Haverhill. The term "TBI facility"means the Commercial and Demolition Waste facility, located at 210 Hold Road,Nolth Andover. The term"permit"means a permit identifier issued by the North Andover Board of Health to a waste hauling company, for trash trucks,whether full or empty, to transport solid waste over roadways along the designated route located in North Andover for disposal of solid waste at the Wheelabrator, TBI or"Covanta" facilities,and/or to exit the Wheelabrator, TBI or Covanta facilities via roadways along the "designated"route located in North Andover or to collect solid waste to be disposed of at the Wheelabrator facility. The term"solid waste"is as defined in G.L.c.16,s 18. The term"trash trucks"means vehicles in the business of transporting solid waste,that transport solid waste in or through North Andover, or travel through North Andover to collect solid waste, for disposal at the Wheelabrator facility,TBI facility or the Covanta facility (whether full or empty).The term also includes trucks that travel through North Andover and transport ash generated from the combustion process at the Wheelabrator facility, TBI facility or Covanta facility. The term"trash truck"does not refer to any specific size or make of vehicle. All commercial vehicles including, but not limited to,roll offs,recycling vehicles, dumps etc.which transport solid waste to and from,whether empty or full,to the Wheelabrator, TBI and Covanta facilities are considered"trash trucks". The term"waste hauling company"means a person or entity that owns or operates trash trucks. IV. PERMIT REQUIREMENTS A. No trash truck shall access or exit the Wheelabrator, TBI or the Covanta facilities whether full or empty without a permit.A permitted trash truck may only access or exit the Wheelabrator, TBI or Covanta facilities using the "designated" route unless subject to the exemptions under Section V. B. Within thirty days after the effective date of these regulations,all waste hauling companies transporting solid waste through North Andover for disposal at the Wheelabrator or TBI facilities, or leaving the Wheelabrator or TBI facilities empty, shall apply for a permit from the Board. The permit application shall be on a form provided by the Board. The permit application shall be accompanied by an application fee based on the current Board fee schedule,which shall be used to defray the costs of administering and enforcing these regulations. The permit entitles the waste hauling company to transport waste through North Andover for disposal at the Wheelabrator, TBI or Covanta facilities via the "designated"route.The permit application fee is per waste hauling company, not per truck. C. Each permit issued by the Board shall be granted subject to the following requirements: 1. Each permitted trash truck shall use only the Designated Route in order to access or exit,whether empty or full,the Wheelabrator and Covanta facilities, unless exempted under Section V. 2. Each permitted trash truck shall display a permit identifier as directed by the application approval instructions. 3. The permit shall expire at the end of the calendar year it is issued,but may be renewed annually on application and payment of a fee based on the current fee schedule. No permit shall be transferred except with the approval of the Board. D. Each permit shall be issued within twenty-one business days of the submission of the application, and shall not require public notice or a public hearing. However,a permit applicant may request public notice or public hearing prior to the issuance of a permit. If a permit application is denied,prior to utilizing any judicial or other remedies to redress the denial of the permit application,the applicant shall request a hearing before the Board. The Board shall hear the permit applicant within thirty days of the request,and decide the matter within thirty days of the hearing. E. The North Andover Police Department is hereby authorized to issue tickets/violation notices for any violations of these regulations and/or permit requirements. T17-r eitve1; With a 68py r,-AAt-tA-*14-A-I,.^.a The violation notice shall be signed by the driver/violator. The first violation notice will require a non-criminal payment of not more than$300.00 per day as set forth r in G.L.c.40,s. 21 D;$500.00 per day for the second violation, and a fine of $1,000 per day for a third and all subsequent violations incurred within a 12- month period pursuant to the procedure set forth in G.L. c. 40, s. 21. All payments for these non-criminal violations shall be made to the North Andover Town Clerk within twenty-one days of the violation. Prior to the expiration of the twenty-one day period, a non-criminal hearing before a Clerk-Magistrate may be requested by the waste hauling company. This request must be in writing. The decision of the Clerk-Magistrate is final.Failure to either pay,the fine to the North Andover Town Clerk within twenty-one days or abide by findings of the non- criminal hearing may result in a criminal complaint. In addition, those who fail either to pay their fine or abide by these regulations will be subject to revocation of their permits and placards and will also be subject to denial of renewal or reissuance of their permits and placards by the Board of Health. The Board of Health will review all requests for reinstatement or reissuance of permits and placards that have been removed or denied and may require an appearance at a BOH meeting before approving the reinstatement or rel ssuance. The Board of Health shall be notified of the issuance of any ticket and or Violation Notices V. EXEMPTIONS FROM DESIGNATED ROUTE AND PLACARD REQUIREMENTS A. Notwithstanding any other provisions of these regulations,the Board shall not require trash trucks hauling or collecting solid waste from the exempt communities, as defined in Section III and further defined in the sections below, to use the Designated Route, in which case the purchase of placards is required. Placards cannot be copied or reproduced and-can only be used by the issued permit holder. If the issued placards are used in an unauthorized manner pursuant to these regulations, penalties as described in section IV. E.will apply. B. If a trash truck is hauling solid waste to the Wheelabrator, TBI or Covanta facilities and such solid waste has been collected from at least one exempt and at least one non-exempt community, the_exemption from the Designated Route set forth in V (A) shall only apply if the waste was collected from an exempt community as the last stop prior to using the roadways of North Andover. If a trash truck is exiting the Wheelabrator facility or the Covanta facility to collect . trash from at least one exempt and at least one non-exempt community, the exemption from the Designated Route set forth in V(A) shall only. apply if the waste will be collected from an exempt community as a first stop after exiting the Wheelabrator facility or the Covanta facility. C. Trash trucks exempted from the requirements to use the Designated Route pursuant to Sections V (A) and V (B) shall obtain a permit sticker pursuant to Sections IV as well as a placard as described below. 1. When a waste hauling company applies for a permit under Section IV and intends to collect trash from exempt communities it must obtain one or more "placards" to allow trash trucks to drive through North Andover without using the Designated Route. The permit applicant shall identify on the permit application and supply supporting documentation for the following: a) the exempt communities from which it collects trash; b)the approximate number of truck trips per week that it anticipates making from or to'exempt communities; c)the approximate number of trucks per week that will be transporting solid waste collected from exempt communities; d) the number of"placards"that are requested. The applicant shall pay a fee of$100.00 per requested placard at the time that the permit sticker(s) is issued. The Board shall issue one or more placards bearing the name of the approved route listed on the permit application. The Board shall issue sufficient placards to each placard applicant to ensure that the applicant possesses enough placards to serve exempt communities. To determine the appropriate number, the Board or its agents shall review the information contained in the permit application, as it relates to the requirements within this regulation. Notwithstanding the foregoing provisions, it is the intent of these regulations that the number of placards needed for each exempt community be equal to the number of trucks required to service each community, and that the placards be freely transferable from separate vehicles owned by a waste hauling company. For example, if a waste hauling company needs a maximum of five trash trucks per day to haul trash from an exempt community, that waste hauling company will be deemed to need only five placards for that exempt community, and may use those five placards on any trucks employed.by that company that service that exempt community. 2. All trash trucks using North Andover roadways shall post the placard in the windshield in the driver's side window of the trash truck so that it can easily be observed or as instructed by the Health Department. 3. Any waste hauler may apply to the Board to include other communities within the list of exempt communities. However, the Board shall not issue additional exemptions unless it is shown that: a)requiring the applicant to use the Designated Route for such other communities imposes a substantial hardship on the applicanq and b)this substantial hardship is different in kind or degree from the hardship imposed upon other waste haulers serving other nearby communities. Should the Board grant the request to include other communities as exempt communities,the procedures governing such communities shall be those set forth in Sections VI (A)through VI(C). D. Trash trucks servicing the community of North Andover are not required to use the Designated Route. E. Trash trucks servicing the communities of Boxford, Georgetown, Rowley (and other similarly located communities if specifically exempted by the Board pursuant to Section V (C)(3) shall instead use Route 133 to Route 125 to enter/exit the Wheelabrator and TBI facilities, and shall also use Route 133 to Route 125 if they are traveling through North Andover to enter or exit from the Covanta facility. F. Trash trucks servicing the communities of Andover,Lawrence,No 1 ih Reading, Haverhill, Middleton, Peabody, Hamilton, Wenham, and Manchester-by-the-Sea are not required to use the Designated Route. Trash trucks servicing these communities(and other similarly located communities if specifically exempted by the Board pursuant to Section V(C)(3) shall use the Designated Route or Route 114/Route 495/Route 125 Connector to access/exit from the Wheelabrator and TBI facilities,and shall also use either the Designated Route or Route 114/Route 495/Route 125 Connector if they are traveling through North Andover to enter or exit from the Covanta facility. G. Only trash trucks that receive a route exemption designating "All Roads" are allowed to utilize the section of road from the.intersection of Route 114 and 125 going no 1 ih to the intersection of Great Pond Road and Route 125 in North Andover. It shall be a violation for a trash truck to travel on this section of Route 125 without displaying a placard with the"all routes" designation. VI. OTHER EXEMPTIONS A. The requirement that trash trucks use the Designated Route shall not apply in cases in which the Designated Route is not usable due to exigencies such as vehicle accidents, construction work, and similar events. B. The requirements for obtaining a permit under Section IV shall not apply to a waste hauler that drives through the roadways ofN0lih Andover but does not use the Wheelabrator, TBI or. Covanta facilities, however, said companies shall register with the Health Department per Chapter 111 Section 3 IA. If said companies provide dumpster service within North Andover, but do.not use the Wheelabrator, TBI or Covanta facilities, they must purchase a permit as required by the Board Dumpster Regulation. C. The Board may waive permit and/or placard fees for municipalities that transport their own solid waste in municipality-owned vehicles. A small fee for requested placards to cover annual manufacturing costs may be levied. Fines for violations of these regulations shall remain in place and be applicable to all transporters of solid waste through North Andover,regardless of other waivers. VII. ASH TRUCK TRANSPORTATION All vehicles traveling through North Andover and transporting ash from resource recovery operations shall be drip-proof and covered throughout the entire trip through North Andover. These trucks are considered "trash trucks" by definition of this regulation.and are subject to permit fees as trash trucks. The cover of ash trucks shall enclose the entire length and width of the body of the trailer of the vehicle and shall ensure that no dust or ash emanates from under the cover. VM. SEVERABILITY Should any portion of these regulations be deemed invalid by a court of competent Jurisdiction, it is the intent of the Board that any lawful portions of the regulations remain in full force and effect to the maximum extent possible. Adopted: September 28, 2000 Effective date: January 1,2001 Amended: December 19,2002 Effective date: January 1,2003 Amended: January 23, 2003 Effective date: January 23,2003 Amended: October 26,2006 Effective date: October 26,2006 Amended: July 24, 2008 (Section IV.E) Effective date: July 25,2008 Amended: October 27,2015 Effective date: October 27,2015 Amended February 13,2023 Effective date: February 13,2023 (Section IV.E) r IX. SIGNATURES Date: Michelle Davis,R.N.,Chair Date: Dr.Patrick Scanlon,D.O.,Clerk Date: Jennifer Abou-Ezzi,R.N. Date: Jennifer LeBourdais,R.N.