[HISTORY: Adopted by the Town Council of the Town of Randolph 7-14-2014 by Ord. No. 2014-010. Amendments noted where applicable.]
The purposes and objectives of this By-law are as follows:
A.
To protect the health, safety, welfare, resources and property of
the general public through prevention of illegal dumping of snow or
the illegal filling of land with snow that may affect our Town and/or
its environment.
B.
To enable the Town of Randolph to comply with local, state and/or
federal regulations.
C.
To minimize long-term effects to our Town's environment from
activities, such as illegal dumping of snow or the illegal filling
of land with snow, that may adversely impact our community and/or
the natural flow of water or that may contaminate the Town of Randolph's
source of drinking water.
D.
To protect the life and property of our Town's residents from
hardship and/or flooding due to the illegal dumping of snow or the
illegal filling of land with snow.
This by-law sets forth guidelines, standard practices, rules
and regulations to control and to stop the illegal dumping of snow
or the illegal filling of land with snow, within the Town limits.
The provisions of this by-law shall apply to all property owners,
persons or their agents pertaining to illegal dumping of snow or the
illegal filling of land with snow or otherwise disturbing the surface
of real property within the Town, whether they be contractors, subcontractors,
supervisors, inspectors, managers, agents, employees or otherwise.
For the purpose of this by-law only, the following terms, words,
phrases, and their derivations, shall have the meanings set forth
below except where the context clearly indicates a different meaning:
The act of illegally placing any snow material, including
but not limited to contaminated snow and/or ice, on any location other
than the appropriate place of disposal whether the location is public
or private.
A.
It shall be unlawful for any person to cause, permit, maintain or
to allow someone to dump snow material that may reduce property values
or obstruct the natural flow of water within the Town.
B.
No person shall fill any waterway of any part of the floodway with
any snow materials unless written permission has been obtained by
local, state and/or federal authorities.
C.
No person shall fill any land within the 100-year floodplain without
first obtaining written consent from the Town. All snow fill material
must comply with the provisions of this by-law.
D.
Filling in areas outside the 100-year floodplain will be allowed
but only with approved fill materials.
E.
The Conservation Commission shall have the authority to issue approval
for all snow dumping in accordance with this Bylaw.
The Town of Randolph has authorized a designated Town enforcement
officer the power to enforce any provisions of this by-law.
The Town enforcement officer shall have the right to enter any
property for the purposes of performing the duties imposed upon him/her
by the provisions of this by-law.
A.
Any person and/or business entity found to be in violation of the
provisions of this By-law shall be required to correct the problem
upon written notification of violation, from the Town's Enforcement
Officer. Such written notification may require that certain conditions
be adhered to in the correction of the problem. These may include,
but are not limited to, the following:
B.
If compliance is not achieved to the Town's satisfaction, the
Town may, at its sole discretion, report the noncompliance to the
EPA, the U.S. Wildlife and Fisheries, the U.S. Army Corps of Engineers,
or any other state or federal agency for further action.
A.
Criminal penalties. A penalty is hereby established whereby any person
who shall violate any provision of this By-law shall be deemed guilty
of a misdemeanor and shall, upon conviction, be fined a minimum amount
of not less than one thousand dollars ($1,000) per violation and a
maximum amount of no more than four thousand dollars ($4,000) per
violation. Each day after notification was given for violation for
any particular section of this By-law shall constitute a separable
offense for the purpose of the Town's enforcement of this By-law.
B.
Civil penalties. In addition to any criminal enforcement, the Town
Counsel is authorized to petition any court of competent jurisdiction
for an injunction to enjoin the continuance of such violation. This
remedy shall be cumulative of and to all other enforcement powers
granted to the Town by the terms of its Charter or any By-law, or
by the laws of the Commonwealth.
A.
No provision of this By-law is intended, nor shall any part or portion
hereof be construed so as to conflict with State regulations, rules,
laws and/or Federal regulations, rules and laws.
B.
If any provision of this By-law or the application thereof to any
person or circumstance shall be held to be invalid, the remainder
of this By-law and the application of such provision to other persons
or circumstances shall nevertheless be valid, and the Town Council
hereby declares that this By-law would be enacted without such invalid
provision.
