[HISTORY: Adopted by the Town Meeting of the Town of Middleborough 4-23-2018 ATM by Art. 25, AG 11-19-2018,
eff. 12-20-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 138.
These regulations are adopted by the Board in order to protect
the public and the environment from the deleterious and harmful effects
of contaminated soils that may be imported into, transported through
or used within the Town. These regulations shall not apply to any
contaminated soils that are disposed as solid waste at an active lined
landfill, that are recycled at a soil recycling facility, or that
are transported through the Town for such purposes.
Each of the following terms as used in these regulations are
defined as follows. Any terms that have not been defined specifically
herein shall have their normal English meanings, unless the context
indicates otherwise.
A landfill that is currently operating and permitted in accordance
with MGL c. 11, § 150A, and 310 CMR 19.000 et seq., and
which is accepting solid waste for disposal.
Refers to any contaminated soils as defined and discussed
in Massachusetts, Department of Environmental Protection Policy #COMM-97-001,
entitled "Reuse and Disposal of Contaminated Soil at Massachusetts
Landfills."
For purposes of this regulation, the definition of contaminated
soils shall include all contaminated soils as defined in #COMM-97-001,
310 CMR 16.000, 310 CMR 19.000, 310 CMR 30.000, 310 CMR 40.000 and
Title 40 of the Code of Federal Regulations.
Shall be as described in 310 CMR 19.130(15)(c).
Means the dumping and abandoning of solid waste at an active
lined landfill, without said solid waste being reused as daily cover,
intermediate cover or grading and shaping material pursuant to 310
CMR 19.130(15).
Shall have the definition of that term as provided in the
Massachusetts Department of Environmental Protection's July 6,
2001, memorandum entitled "Revised Guidelines for Determining Closure
Activities at Inactive Unlined Landfill Sites."
Shall be as described in 310 CMR 19.130(15)(d).
Shall be as described in Section 9.1 of Massachusetts Department
of Environmental Projection Policy #WSC-94-400, entitled "Interim
Remediation Waste Management Policy for Petroleum Contaminated Soils."
Shall have the definition as provided in 310 CMR 19.006.
Contaminated soils, including their importation into, and use
within, the Town, constitute a public nuisance that may be harmful
and dangerous to persons and property, and may be injurious to public
health and the environment, including, without limitation, through
the creation of airborne dust and particulate, and by leaching into
public and private drinking and groundwater supplies.
In order to protect the public health and environment, pursuant
to the authority that is found in Massachusetts General Laws, the
import into, and use within, the Town of contaminated soils are prohibited.
This prohibition, without limitation, applies to any use of contaminated
soils, including, but not limited to, as daily cover, intermediate
cover or grading and shaping material at any landfill.
Any person or business that utilizes contaminated soils may
result in public nuisances, may be harmful to the inhabitants of the
Town, may be injurious to their property, and may be dangerous to
the public health and the environment. Therefore, any such business
is considered to be a nuisance trade and, pursuant to the authority
that is found in Massachusetts General Laws, is prohibited from being
established, operated or undertaken in any manner within the Town.
This prohibition applies, without limitation, to any person or business
that either is engaged by the owner of an inactive, unlined landfill,
or purchases such a landfill, in order to cap and close the same,
where any portion of said capping and closure activities, including
the grading and shaping of any such landfill, utilizes contaminated
soils.
The provisions of these regulations are severable. If any court
of competent jurisdiction determines that any provision is in violation
of the laws, constitutions or regulations of the Commonwealth of Massachusetts
and the United State of America, the remaining provisions shall not
be affected thereby, and shall continue in full force and effect.
