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No person shall establish, maintain, operate or use any place within the city, nor shall any place within the city be operated, established or maintained for a refuse treatment or disposal facility, unless such facility has been determined to be absolutely essential or necessary to protect the public health and as a result assigned by the Board of Health and Hospitals in accordance with M.G.L. Chapter 111, Section 150A after a public hearing and the use and plans or design therefor have been approved by the commonwealth’s Department of Environmental Quality Engineering. The process to determine the essential or necessary status of any and all site applications is defined in Section 23-19. For the purposes of this Section, the term
REFUSE TREATMENT AND DISPOSAL FACILITY shall include a sanitary landfill, a refuse composting plant, a dumping ground for refuse, a refuse transfer station, an incinerator with a grate area in excess of 10 square feet, a residual waste storage or treatment plant, a site for the storage of wastes generated at another location or any other works for treating, disposing, recycling or recovering resources from refuse. REFUSE shall mean all solid or liquid waste materials including garbage and rubbish, but not including sewage.
(Ord. 1985 c. 10 § 1; Recodified by Ord. 1991 c. 5 § 28) Penalty, see § 23-21
The provisions of this Section shall not apply to any on-site energy recovery waste disposal system which serves only the building within which it is located.
(Ord. 1985 c. 10 § 2; CBC 1985 23-15; Recodified by Ord. 1991 c. 5 § 28) Penalty, see § 23-20
No person shall establish, maintain, operate or use an assigned facility other than in accordance with conditions of assignment imposed by the Board of Health and Hospitals and the commonwealth’s Departments of Environmental Quality Engineering approved plans.
(Ord. 1985 c. 10 § 4; CBC 1985 23-17; Recodified by Ord. 1991 c. 5 § 28) Penalty, see § 23-20
Section 23-14 shall not apply to any assigned facility which was assigned as of December 30, 1983 and has Department of Environmental Quality Engineering approved plans; provided, however, that any assigned facility that applies for a substantial modification, change or amendment in the original site assignment shall be subject to the provisions of this Section.
(Ord. 1985 c. 10 § 5; CBC 1985 23-18; Recodified by Ord. 1991 c. 5, § 28) Penalty, see § 23-20
Prior to any application for site assignment to the Health and Hospitals Department of the city under the provisions of M.G.L. Chapter 111, Section 150A, the prospective applicant must obtain a “necessary and essential” designation from the City Council. These designations may be obtained by the approval of a majority vote of the Council and the approval of the Mayor; provided, however, that if the Mayor disapproves the designation, the Council may approve the designation notwithstanding the disapproval of the Mayor by a two-thirds vote of all the Councillors. Such votes for the approval of a designation shall be identical in format to any ordinance. The prospective applicant shall petition the City Council, through the City Clerk, on forms approved by the Clerk, which shall include, but not be limited to, name, address and telephone number of applicant; place of current business; proposed site; type of business to be allowed; size and structure of proposed facility; list of abutters; and statement of petitioner as to the “necessary and essential” nature of the proposed facility. The attested results of the final vote of the City Council relative to the petition shall be forwarded by the City Clerk to the petitioner forthwith. Any petitioner aggrieved by any action of the City Council refusing to grant the necessary and essential designation, within seven days after such action, may appeal therefrom to the Board of Health and Hospitals. The Board of Health and Hospitals through its Trustees, or their designee, shall review the petition within 60 days and render a decision. The decision of the Board of Health and Hospitals shall be final.
(Ord. 1985 c. 10 § 6; CBC 1985 23-19; Recodified by Ord. 1991 c. 5 § 28) Penalty, see § 23-20
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