Bill M, this is addressed in the MA State Sanitation Code
section 410.600 & 410.601 & 410.602 :
410.600: Storage of Garbage and Rubbish
(A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with
tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof
material. Rubbish shall be stored in receptacles of metal or other durable, rodent-proof material.
Garbage and rubbish shall be put out for collection no earlier than the day of collection.
(B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a
liner in watertight receptacles with tight-fitting covers as required in 105 CMR 410.600(A),
provided that the plastic bags may be put out for collection except in those places where such
practice is prohibited by local rule or ordinance or except in those cases where the Department
of Public Health determines that such practice constitutes a health problem. For purposes of the
preceding sentence, in making its determination the Department shall consider, among other
things, evidence of strewn garbage, torn garbage bags, or evidence of rodents.
(C) The owner of any dwelling that contains three or more dwelling units, the owner of any
rooming house, and the occupant of any other dwelling place shall provide as many receptacles
for the storage of garbage and rubbish as are sufficient to contain the accumulation before final
collection or ultimate disposal, and shall locate them so as to be convenient to the tenant and so
that no objectionable odors enter any dwelling.
(D) The occupants of each dwelling, dwelling unit, and rooming unit shall be responsible for
the proper placement of his garbage and rubbish in the receptacles required in 105 CMR
410.600(C) or at the point of collection by the owner.
410.601: Collection of Garbage and Rubbish
The owner of any dwelling that contains three or more dwelling units, the owner of any
rooming house, and the occupant of any other dwelling place shall be responsible for the final
collection or ultimate disposal or incineration of garbage and rubbish by means of:
(A) the regular municipal collection system; or
(B) any other collection system approved by the board of health; or
(C) when otherwise lawful, a garbage grinder which grinds garbage into the kitchen sink drain
finely enough to ensure its free passage, and which is otherwise maintained in a sanitary
condition; or
(D) when otherwise lawful, a garbage or rubbish incinerator located within the dwelling which
is properly installed and which is maintained so as not to create a safety or health hazard; or
(E) when otherwise lawful, by backyard composting of compostable material, provided that the
composting operation does not attract rodents or other vectors and does not create a nuisance,
and provided further that in the case of composting by an occupant, the occupant obtain the prior
written permission of the owner.
(F) any other method of disposal which does not endanger any person and which is approved
in writing by the board of health. (See 105 CMR 410.840.)
410.602: Maintenance of Areas Free from Garbage and Rubbish
(A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for
maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish
or other refuse. The owner of such parcel of land shall correct any condition caused by or on
such parcel or its appurtenance which affects the health or safety, and well-being of the
occupants of any dwelling or of the general public.
(B) Dwelling Units. The occupant of any dwelling unit shall be responsible for maintaining in
a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness that
part of the dwelling which he exclusively occupies or controls.
(C) Dwellings Containing Less than Three Dwelling Units. In a dwelling that contains less
than three dwelling units, the occupant shall be responsible for maintaining in a clean and
sanitary condition, free of garbage, rubbish, other filth or causes of sickness the stairs or
stairways leading to his dwelling unit and the landing adjacent to his dwelling unit if the stairs,
stairways or landing are not used by another occupant.
(D) Common Areas. In any dwelling, the owner shall be responsible for maintaining in a clean
and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the
dwelling which is used in common by the occupants and which is not occupied or controlled by
one occupant exclusively.
The owner of any dwelling abutting a private passageway or right-of-way owned or used in
common with other dwellings or which the owner or occupants under his control have the right
to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition
free of garbage, rubbish, other filth or causes of sickness that part of the passageway or
right-of-way which abuts his property and which he or the occupants under his control have the
right to use, or are in fact using, or which he owns.
105 CMR: DEPARTMENT OF PUBLIC HEALTH
--71.174.xxx.xx