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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
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)
(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)
In the city, fines for violation of M.G.L. Chapter 270, Section 16, shall be determined based on volume, location and content subject to the following schedule.
(A) Up to and including one cubic yard illegally dumped in an unauthorized container will be fined $100. Up to and including one cubic yard illegally dumped in a vacant lot or on a public way and or public property will be fined $250. Up to and including one cubic yard illegally dumped in a park or playground will be fined $500. Any volume between one and five cubic yards found in a vacant lot or on a public way and/or public property will be fined $1,000. If illegally dumped in a park or playground, any volume between one and five cubic yards will be fined $1,500. Five cubic yards or more found in a vacant lot or on a public way and/or property will be fined $2,500 and five cubic yards or more illegally dumped in a park or a playground will be fined $3,000.
(B) Restricted solid waste as defined in 310 CMR 19 the commonwealth’s Department of Environmental Protection, including, but not limited to, televisions, major appliances and computer monitors, in any and all volumes illegally dumped in any and all locations will be fined $2,000.
(C) Construction debris and other related materials, in any and all volumes, illegally dumped in any and all locations will be fined $2,500 and referred to the Boston Environmental Strike Team (“B.E.S.T.”) for further investigation and enforcement.
(D) Hazardous/toxic waste as defined in M.G.L. Chapter 21C, Section 2, M.G.L. Chapter 21I, Section 2, M.G.L. Chapter 21I, Section 9, 310 CMR 16 the commonwealth’s Department of Environmental Protection and 310 CMR 19 the commonwealth’s Department of Environmental Protection, in any and all volumes illegally dumped in any and all locations will be fined $3,000 and referred to B.E.S.T. for investigation and enforcement including additional fines where authorized.
(CBC 1985 23-22; Ord. 2007 c. 10 §§ 1, 2)
The Commissioner of the Inspectional Services Department and/or the Commissioner of the Public Works Department shall have the authority to enforce this Chapter and to promulgate rules and regulations necessary to implement and enforce these Sections. This Chapter may be enforced in accordance with the provisions of M.G.L. Chapter 40, Section 21 D as inserted by St. 1977, c. 401.
(CBC 1985 23-23; Ord. 2008 c. 3; Ord. 2014 c. 1 § 1)
Any person taking cognizance of a violation of the Sections of this Code set forth in this Chapter hereof which he or she is empowered to enforce by statute, ordinance or by appointment as special Police Officer may enforce said ordinances in accordance with M.G.L. Chapter 40, Section 21D as inserted by St. 1977, c. 401.
(Ord. 1977 c. 16 [371]; CBC 1985 23-24; Ord. 2008 c. 3)