Town of Sunderland, MA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Sunderland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning performance standards — See Ch. 125.
Nuisances — See Ch. 166.
[Adopted effective 4-4-1984]
As used in this article, the following terms shall have the meanings indicated:
CULTIVATED FIELDS
Includes those fields plowed, harrowed or cultivated on a yearly basis.
OTHER FIELDS
Includes those fields not regularly plowed, harrowed or cultivated on a yearly basis, such as hay, alfalfa and other similar feed crops to include pasture lands.
PERSON
Includes an individual, partnership (limited, general or otherwise), corporation, firm or any other entity, business or otherwise.
A. 
No person shall spread or dump poultry manure on such fields during the period of May 15 through September 30 in each year, without first acquiring the prior written approval of the Board of Health by filing a request with the Board of Health no less than five (5) days before the initial date of such intended spreading or dumping.
B. 
Any poultry manure spread or dumped on such fields will be plowed under to a minimum depth of six (6) inches within seven (7) days. If, due to weather conditions, excessive fly breeding is apparent, plowing under of poultry manure will be accomplished within twenty-four (24) hours of receipt of notice from the Board of Health.
A. 
No person shall spread or dump poultry manure on such fields during the period of April 30 through September 30 in each year, without first acquiring the prior written approval of the Board of Health by filing a request with the Board of Health no less than five (5) days before the initial date of such intended spreading or dumping.
B. 
If, due to weather conditions, excessive fly breeding is apparent, such fields will be plowed under to a minimum depth of six (6) inches within twenty-four (24) hours of receipt of notice from the Board of Health.
Poultry manure transported within or imported into the Town of Sunderland must be in sealed containers or vehicles which prevent escape of germs or any other offensive properties therefrom.
A. 
No person shall store or stockpile poultry manure in the Town of Sunderland during the period of April 30 through September 30 in each year, without first acquiring the prior written approval of the Board of Health by filing a request for a permit to store poultry manure with the Board of Health no less than five (5) days before the initial date of such intended storage or stockpiling. The Board of Health shall then make an on-site inspection of the intended method of storage. After said inspection, the Board of Health may issue such permit, if it finds that the manner and form of storage protects the health, safety and well-being of the general public as to fly breeding.
B. 
If the Board of Health finds, after having conducted an on-site inspection, that the storage of poultry manure is creating a health hazard as a result of an immediate and excessive fly breeding problem, the Board of Health may then order the person who is storing said poultry manure to spread and plow under said manure to a minimum depth of six (6) inches or to remove all of said manure from the Town of Sunderland within a period of twenty-four (24) hours from the time of issuance of such order by the Board of Health.
No person shall stockpile, deposit or otherwise dump poultry manure on areas where it will flow into, leach into or be carried into any streams, ponds, rivers or other bodies of water.
All provisions set forth hereinabove pertain to any person acquiring, storing, stockpiling, using, depositing or otherwise dumping poultry manure on or about property in the Town of Sunderland, whether such property is owned, used or leased by such person.
A. 
Whoever, by himself or by his servants, agents or employees, or as a servant, agent or employee of any other person or any firm or corporation, violates this health regulation or any of its sections shall be punished by a fine of not more than fifty dollars ($50.) for each violation.
B. 
Each day or portion thereof of continuing violation shall constitute a separate offense.
C. 
If any person who violates this regulation refuses or fails to comply with any Board of Health order issued in connection herewith, the Board of Health, in addition to the remedy provided hereinabove in Subsections A and B, may avail itself of any other remedies available under the General Laws of the Commonwealth of Massachusetts to eliminate any poultry manure problem, including but not limited to the plowing under or removal of such poultry manure from the Town of Sunderland directly by the Board of Health, its agents, servants, employees or hired hands, at the expense of the person in violation, who shall pay such expense directly to the Board of Health when invoiced.
[Adopted effective 7-6-1985]
As used in this article, the following terms shall have the meanings indicated:
FIELDS
Includes those fields plowed, harrowed or cultivated on a yearly basis, as well as fields not regularly plowed, harrowed or cultivated yearly, such as hay, alfalfa and other similar feed crops to include pasture lands.
PERSON
Includes an individual, partnership (limited, general or otherwise), corporation, firm or any other entity, business or otherwise.
Manure (liquid or solid) transported within or imported into the Town of Sunderland must be in vehicles or containers which will prevent spillage onto streets or highways.
No person shall spread or deposit manure on fields where it will flow into, leach into or be carried into streams, ponds, rivers or other bodies of water.
If, due to weather conditions, excessive fly breeding is apparent, such fields will be plowed under to a depth of six (6) inches minimum within twenty-four (24) hours of receipt of notice from the Board of Health.
All provisions set forth hereinabove pertain to any person depositing or spreading manure on or about property in the Town of Sunderland, whether such property is owned, used or leased by such person.
A. 
Whoever, by himself or by his servants, agents or employees, or as a servant, agent or employee of any other person or any firm or corporation, violates this health regulation shall be punished by a fine of not more than fifty dollars ($50.) for each violation.
B. 
Each day or portion thereof of continuing violation shall constitute a separate offense.