[Adopted 3-9-1989]
Nothing contained in these regulations shall relieve any requirements
pursuant to MGL c. 111, § 150A 1/2, that a valid site
assignment be obtained from the Beverly Board of Health prior to the
introduction of soil/solid fill upon any tract, parcel or lot.
A.
The purpose of this regulation is to control the disposal of soil/solid
fill introduced from locations both within and without the City of
Beverly and require, when necessary, the analysis of the soil/solid
fill for chemical contamination. The disposal of cured blacktops,
cement, and other similar materials in nondesignated sites will be
included within the scope of this regulation.
B.
Past determinations of whether or not soil/solid fill was environmentally
suitable were based on a visual and olfactory judgment by the inspector.
However, as a result of these rules and regulations analytical testing
can be required. The purpose of analytical testing is bifold. First
and foremost, by initial testing of soil/solid fill for chemical contaminants,
any soil/solid fill which is contaminated will be screened out from
use. This screening avoids the filling and then the removal of such
soil/solid fill once in place. Secondly, the party responsible for
supplying the contaminated soil/solid fill will be advised of its
statutory requirements in accordance with Chapter 21E of the Massachusetts
General Laws.
As used in this regulation, the following terms shall have the
meanings indicated:
The appropriate and legally designated health authority of
the City of Beverly having the usual powers and duties of the Board
of Health of a city or town, or its authorized agent or representative.
Any substance which by its presence creates or has the potential
to create hazardous material.
Material including, but not limited to, any materials, in
whatever form, which, because of its quantity, concentration, chemical,
corrosive, flammable, reactive, toxic, infectious or radioactive characteristics,
either separately or in combination with any substance or substances,
constitutes a present or potential threat to human health, safety,
welfare, or to the environment, when improperly stored, treated, transported,
disposed of, used, or otherwise managed.
Any person(s) having management control over the entity or
employer. In the case of a corporation, the responsible person(s)
shall be executive officers of the corporation and any other managing
agent of such corporation. In the case of sole proprietorships or
a partnerships, the responsible person(s) shall be the owners or partners
and any other managing agent of such sole proprietorship or partnership.
The collection of data or measurements to obtain representative
samples of a tract, parcel or lot of interest in order to make an
inference about said tracts, parcel or lot.
The unconsolidated mineral material or the immediate surface
of the earth that serves as a natural medium for the growth of land
plants.
Mortar, bricks, gravel, stone, cured blacktop, cement, dredge
material, products of excavation, or any other material not capable
of decomposition and shall specifically exclude rubbish, garbage,
bulky waste, special wastes, or waste as defined in the regulation
of the Commonwealth of Massachusetts (regulations for the disposal
of solid waste by sanitary landfill).
A.
Effective March 15, 1989, the Board of Health may require that any
material used within the City of Beverly as fill or introduced into
the soil be subject to analysis to verify that no hazardous material
is included within the soil/solid fill. Such analysis shall be conducted
by a Massachusetts certified laboratory approved by the Board of Health,
using state-of-the-art analytical techniques, and provide a written
report of the results of the sample tested to the Board of Health.
However, if an out-of-state laboratory is used, said laboratory must
be certified through that state's certification agency.
B.
To implement this regulation, the Board of Health will review all applications for building permits as potential location for soil/solid fill delivered from an off-site source. The determination of whether an on-site visit will be necessary will be based on this application and any other further information the Board of Health may request of the applicant. All building permit holders will be given a letter from the Board of Health notifying the responsible party of the soil testing guidelines and any further requirements made by the Board of Health. Any applicant for a building permit shall notify the Board of Health as to whether the work will or has the potential for the introduction of soil/solid fill to the work site, and if soil/solid fill is to be introduced, and if the applicant is not the owner of the site, such owner, agent, or responsible party and the Board of Health shall be notified in writing by the applicant. Such notification to the Board of Health and owner, agent, or responsible party shall contain information as the Board of Health may require until completion of the project. Any modification to the building permit shall require a notification to be sent to the Board of Health so the Board may determine if such modifications are applicable to Article XV of the Board of Health rules and regulations. The Board of Health may recommend the revocation of such building permit in the event of noncompliance with any provision of this regulation.
C.
The Board of Health may require quality assurance sampling, soil
boring, and/or additional analytical sampling and testing at any site.
The expense of these additional samples shall be incurred by the building
permit applicant. In addition, a written chain of custody of any samples
taken shall be submitted by the certified laboratory to the Board
of Health.
D.
The cost of the laboratory analysis is to be incurred by the property
owner, agent, or other responsible party. However, the City of Beverly
will not be responsible for payment of any analytical costs.
The Board of Health may charge a fee for services rendered,
not to exceed any actual costs incurred by the City of Beverly. However,
the minimum fees, if assessed, will be $50 and the maximum fee will
be $500. This fee schedule will be binding upon all parties concerned.
Any person who shall fail to comply with an order issued pursuant
to this regulation, himself, or by his servant or agent, or as a servant
or agent of any other person or any firm or corporation, which violates
provisions of the soil/solid fill regulation, made under authority
of MGL c. 111 § 31, shall be punished by fine of not more
than $500. Each day's failure to comply with an order shall constitute
a separate violation.
Any person or persons aggrieved by the decision by the Board
of Health may appeal said ruling in any court of competent jurisdiction
within the commonwealth.
If any portion of this regulation shall be declared invalid
for any reason whatsoever, such invalidity shall not affect any other
portion of this regulation, all of which shall remain in full force
and effect, and to this end the provisions of this regulation are
hereby declared severable, notwithstanding any provisions that may
be in conflict with Massachusetts General Laws, the revised ordinances
of the City of Beverly, and the Charter of the City of Beverly.
Neither the City of Beverly nor the Board of Health, by adoption
of these regulations, assumes any responsibility for the compliance
at the site of applicable hazardous waste laws or other Massachusetts
environmental protection regulations. Such interpretation of compliance
is no longer defendable and legally sound since the enactment of Chapter
21E of the Massachusetts General Laws.
