[HISTORY: Adopted by the Town of Sterling 5-17-2004 by Art. 29, approved with caution 9-8-2004; readopted 5-14-2012
ATM by Art. 19, approved 10-11-2012. Amendments noted where applicable.]
This bylaw is designed to hold accountable any
individual, corporation or organization which, whether deliberately
or accidentally, releases, causes a release or threat of release of
any hazardous material or hazardous waste as defined in MGL c. 21C,
D, or E, upon public or private property within the boundaries of
the Town of Sterling. Such party causing a release shall be liable
to the Town for any and all response costs directly incurred by the
Town as a result of said release or threat of release including, but
not limited to, the following:
A.
The cost of complete cleanup and disposal of the material
released or contaminated by the release, and all costs incurred by
the Town as a result of remediation required due to the release or
threat of release, including all costs incurred or authorized by any
officer of the Town having jurisdiction over such matters.
B.
Replacement or cost of replacement of any reusable
equipment and/or material damaged due to the incident.
C.
Replacement or cost of replacement of any disposable
equipment and/or materials used during the incident.
D.
Reimbursement of any funds expended by the Town for
food and/or shelter, upon determination by the Town that expenditures
are necessary due to a threat to the public health and safety as a
result of the release or threat of release.
E.
Reimbursement of any funds expended by the Town for
evacuation and/or relocation, upon determination by the Town that
such expenditures are necessary due to a threat to public health and
safety as a result of the release or threat of release.
F.
Reimbursement of any funds expended by the Town for
personnel expenditures incurred by the Town as a result of the release
or threat of release.
The following are excluded (as defined in MGL
c. 21E):
A.
Emissions from exhaust of an engine.
B.
Normal application of fertilizer and application of
pesticides consistent with their labeling and with regulations of
the Massachusetts Pesticide Control Board.
C.
Application of road salts in conformance with the
snow and ice control program of the Massachusetts Department of Public
Works.
As used in this bylaw, the following terms shall
have the meaning indicated:
The accidental or intentional spilling, leaking, pumping,
pouring, emitting, emptying or dumping of toxic or hazardous material
upon or into any land or waters of the Town of Sterling. "Release"
includes, without limitation, leakage of such materials from failed,
damaged or discarded containers or storage systems and disposal of
such materials into any on-site sewage disposal system, dry well,
catch basin or unapproved landfill.
Any substance or mixture of such physical, chemical or infectious
characteristics as to pose, in the Fire Department's or Board of Health's
judgment, a significant actual or potential hazard to water supplies
or other hazard to human health if such substance or mixture were
discharged to land or waters of this Town. "Toxic or hazardous materials"
include, without limitation, organic chemicals, petroleum products,
heavy metals, radioactive or infectious waste, acids and alkalis,
and includes products such as pesticides, herbicides, solvents and
thinners.
Any person having knowledge of a spill, leak
or other loss of hazardous material shall report the same to the head
of the Fire Department, Board of Health or its agents immediately.
The Fire Department, Board of Health and its
agents may enter upon privately owned property for the purpose of
performing their duties under this bylaw.
Failure by any individual, corporation or organization responsible for any costs incurred by the Town pursuant to § 81-1 to reimburse the Town for said costs within 30 days of demand shall entitle the Town pursuant to MGL c. 40, § 21D, to bring an action in any court of competent jurisdiction to recover said costs.
