[Adopted 9-15-2020]
This regulation is adopted under MGL c. 111, § 31,
which gives the South Hadley Board of Health (hereinafter designated
as "Board") authority to make reasonable health regulations, violations
for which shall be punished by a fine of not more than $1,000. This
regulation is also adopted under MGL c. 111, § 122, which
directs the Board of Health to examine into all nuisances, sources
of filth, and causes of sickness within its town, which may, in its
opinion, be injurious to the public health and to destroy, remove,
or prevent the same. This regulation is also adopted under MGL c.
111, § 143.
For the purposes of this regulation, the following words and
phrases shall have the following meanings:
The South Hadley Board of Health unless otherwise specified.
The Massachusetts Department of Environmental Protection.
A.
Purpose. This section of this regulation is intended to restrict
and/or prohibit a trade or employment which may be harmful to the
inhabitants, injurious to their estates, dangerous to the public health,
or may be attended by injurious odors.
B.
HAZARDOUS MATERIALS
NOISOME TRADE
(1)
(2)
(3)
(4)
Definitions. For purposes of this section of this regulation, the
following words and phrases shall have the following meanings:
Any substance or mixture of physical, chemical, or infectious
characteristics posing a significant, actual or potential hazard to
water supplies or to human health if such substance or mixture were
discharged to land, water, or air of the Town of South Hadley.
A trade or employment which may be harmful to the inhabitants
of the Town of South Hadley or injurious to their estates, dangerous
to the public health, or may be attended by injurious odors. Without
limiting the generality of the foregoing, the following activities
are hereby declared to be "noisome trades":
Any earth removal project exceeding 350 cubic yards of material
per lot, or 1,000 cubic yards of material per project;
The exterior storage of hazardous materials in excess of 55
gallons in connection with any commercial or industrial use;
The painting of automobile, truck, and/or farm, commercial,
or industrial equipment; and
The operation of piggeries.
C.
Site assignments. All noisome trades identified above are prohibited
within the Town of South Hadley except in places so assigned by the
Board of Health. All such assignments shall be entered into the records
of the Town of South Hadley.
D.
Appeal of site assignment. Any persons, including persons in control
of public land, aggrieved by the action of the Board of Health of
the Town of South Hadley in assigning certain places for the exercise
of any noisome trade may, within 60 days, appeal from said assignment
to DEP.
E.
Orders of prohibition. The Board of Health of the Town of South Hadley
may issue orders of prohibition to persons in violation of this regulation
or a particular site assignment. Said order of prohibition shall be
served by an officer qualified to serve civil process upon the person
or occupant having charge of the premises where such trade or employment
is exercised. The Board of Health may levy a fine of up to $500 upon
the person or occupant having charge of the premises where such trade
or employment is exercised who refuses or neglects for 24 hours thereafter
to obey said order.
F.
Appeal of order of prohibition. Whoever is aggrieved by an order
of prohibition may, within three days after service of said order
upon him, give written notice of appeal to the Board of Health of
the Town of South Hadley and DEP and file a petition in Superior Court
in Hampshire County.
G.
Said trade or employment shall not be exercised contrary to the order
while such proceedings are pending unless specially authorized by
the Board of Health of the Town of South Hadley.
A.
Purpose. This section of this regulation is intended to prevent all
nuisances, sources of filth and causes of sickness which may be injurious
to the public health, safety, or welfare of the inhabitants of the
Town of South Hadley.
B.
NUISANCE
Definitions. For purposes of this section of this regulation, the
following words and phrases shall have the following meanings:
An act or failure to perform a legal duty which causes or
permits a condition to exist which injures or endangers the public
health, safety or welfare of the inhabitants of the Town of South
Hadley.
C.
Examination into nuisances. The Board of Health of the Town of South
Hadley shall examine into all nuisances, sources of filth and causes
of sickness within South Hadley which may, in its opinion, be injurious
to the public health and shall destroy, remove or prevent the same
as the case may require.
D.
The odor from normal maintenance of livestock or the spreading of
manure upon agricultural, horticultural, or farming lands, or noise
from livestock or farm equipment used in normal, generally acceptable
forming procedures or from plowing or cultivation operations upon
agricultural, horticultural, or farming lands shall not be deemed
to constitute a nuisance.
E.
Supply of water. Upon a determination by the Board of Health of the
Town of South Hadley that the available supply of water for drinking,
culinary and/or other domestic purposes in any place of habitation,
or in any place where food or drink is prepared, handled or served
to the public, is so unsafe or inadequate as to constitute a nuisance,
the Board of Health may issue a written order to the owner of such
place requiring that said owner discontinue the use of the water supply
or that said owner supply an alternate water supply and adequate for
such purposes.
F.
Abatement of nuisance. The Board of Health of the Town of South Hadley
shall order the owner or occupant of any private premises, at his
own expense, to remove any nuisance, sources of filth or cause of
sickness found thereon within 24 hours or such other time it considers
reasonable.
G.
If the owner or operator of a farm files a petition for review in
district court of such order for abatement within 10 days, the operation
of said order shall be suspended pending order of the court.
H.
If the owner or occupant fails to comply with such order the Board
of Health of the Town of South Hadley may cause the nuisances, sources
of filth and cause of sickness to be removed, and all expenses incurred
thereby shall constitute a debt due the Town of South Hadley.
A.
The Board of Health, its agents, officers, and employees shall have
the authority to enter upon privately owned land for the purpose of
performing their duties for the administration and review of this
regulation and may make or cause to be made such examinations, surveys,
or samples as the Board of Health deems necessary.
B.
The Board shall have the authority to enforce these regulations and
permits issued thereunder by violation notices, administrative orders,
and civil and criminal court actions.
C.
Unless stated otherwise, any person who violates any provision of
this regulation or permits issued hereunder shall be subject to a
fine of not more than $1,000. Each day or portion thereof during which
a violation occurs or continues shall constitute a separate offense,
and each provision of the regulation or permit that is violated shall
constitute a separate offense.
D.
As an alternative to criminal prosecution in a special case, the
Board may elect to utilize the noncriminal disposition procedure set
forth in MGL c. 40, § 21D. For the purpose of this provision,
the penalty to apply in the event of a violation shall be as follows:
$100 for the first offense; $200 for the second offense; $300 for
the third offense; and $300 for the fourth and each subsequent offense.
Each day on which a violation exists shall be deemed a separate offense.
Unless otherwise provided, any person aggrieved by the decision
of the Board of Health may seek relief therefrom in any court of competent
jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
If any portion, or sentence, clause or phrase of this regulation
shall be held invalid for any reason, the remainder of this regulation
shall continue in full force and effect.
