[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.]
GENERAL REFERENCES
Handling of hazardous materials in earth removal operations — See Ch. 63, § 63-9M.
Storm drains — See Ch. 162.
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:
RELEASE
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.
TOXIC OR HAZARDOUS MATERIAL
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.
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.