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23-15   EXCLUSION FOR SYSTEM SERVING ONLY ONE BUILDING.
   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
23-16   REGULATIONS FOR NEW REFUSE TRANSFER STATIONS.
   Every new refuse transfer station shall be a completely enclosed, covered structure and be located in an area zoned for industrial use.
(Ord. 1985 c. 10 § 3; CBC 1985 23-16; Recodified by Ord. 1991 c. 5 § 28) Penalty, see § 23-20
23-17   CONDITIONS FOR ASSIGNMENT IMPOSED.
   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
23-18   APPLICATION OF REGULATIONS.
   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
23-19   “NECESSARY AND ESSENTIAL” DESIGNATION OBTAINED FROM CITY COUNCIL.
   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
23-20   VIOLATIONS; PENALTIES; FINES ESTABLISHED.
   Any person violating any provision of the following enumerated Sections of this Chapter shall be punished by the following penalties for violations thereof; and not only the person actually performing the prohibited act of thing, but also his or her employer and every other person concerned in so doing shall be punished by such fine.
   (A)   Section 23-1: $200;
   (B)   Section 23-2: $300;
   (C)   Section 23-3: The owner and/or operator of a facility in violation of this Section shall be fined not less than $100 nor more than $500 per violation. Each entering loaded vehicle or loaded container of refuse delivered to the facility, the refuse from which is processed or stored either in a container or on the ground at the facility, shall constitute a separate violation. Each day of operation or maintenance shall constitute a separate violation;
   (D)   Section 23-4: $300;
   (E)   Section 23-5: $25 for residential premises;
   (F)   Section 23-6: $10;
   (G)   Section 23-7: $10;
   (H)   Section 23-8: $100;
   (I)   Section 23-9: $50; and
   (J)   Section 23-10: $50.
(Ord. 1985 c. 10 § 8; CBC 1985 23-20; Recodified by Ord. 1991 c. 5 § 28; Ord. 2008 c. 3)
23-21   VIOLATIONS; PENALTY; ENFORCEMENT.
   (A)   The user of a facility in violation of Section 23-14 shall be fined not less than $100 nor more than $500 per violation. Both the waste hauling company and the vehicle operator shall be considered users. Each loaded vehicle or loaded container of refuse delivered to the facility for processing or for storage, either in a container or on the ground, at the facility shall constitute a separate violation.
   (B)   The Board of Health and Hospitals, through its Commissioner of Health and Hospitals shall have enforcement powers hereunder.
   (C)   This Section shall take effect upon passage; provided however, that any current license holder shall be exempt but that any current applicant or future applicant for a license shall be subject to the provisions of this Section.
(Ord. 1985 c. 10 §§ 1–12; CBC 1985 23-21; Recodified by Ord. 1991 c. 5 § 28)
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