This chapter, relating to hazardous waste facilities, is adopted under
the Home Rule Amendment, which is Massachusetts General Laws, Article 2, § 6,
of the Amendment to the Constitution of the Commonwealth, as amended by Article
89 of the Amendment.
The purpose of this chapter is to protect the surface waters, wetlands,
drinking water, groundwater and other significant water resources of the citizens
of Haverhill by setting performance standards sufficient to allow hazardous
waste facilities, provided that they meet minimum standards to safeguard those
critical resources. These performance standards shall apply in addition to
any other requirements imposed by law.
Therefore, no hazardous waste facility, as defined in Massachusetts
General Laws, Chapter 21D, shall be located within the City of Haverhill,
unless it shall not be located over a stratified drift aquifer area as delineated
by the United States Geological Survey; within the five-hundred-year flood
elevation as determined by the Federal Emergency Management Agency; within
an area subject to the jurisdiction of the Wetlands Protection Act, MGL c.
131, § 40, or a municipal ordinance for wetland or floodplain protection;
within 1,000 feet of any occupied dwelling; or within 1,000 feet of a public
well or surface drinking water supply or tributary thereto.