City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Gardner as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency management — See Ch. 75.
Fire prevention — See Ch. 396.
Solid waste — See Ch. 560.
Wrecked and abandoned vehicles — See Ch. 610.
Watershed lands — See Ch. 632.
[Adopted 12-7-1981 by Ord. No. 762; amended 1-18-1982 by Ord. No. 768]

§ 432-1 Importation into City prohibited.

The importation of hazardous waste (as defined in MGL c. 21C, § 2) into the City of Gardner for the purpose of recycling or disposal of the same is hereby prohibited.

§ 432-2 Violations and penalties.

The penalty for violating this article shall be $100 for each violation. A violation shall occur each time any amount of hazardous waste is imported into the City limits for the purpose of recycling or disposing of the same.
[Adopted 3-7-2001 by Ord. No. 1344]

§ 432-3 Authority to enter into agreements.

The City of Gardner is authorized, pursuant to MGL c. 59, § 59A, as amended, which was accepted by vote of the City Council February 5, 2001, to enter into agreements regarding payment or abatement of real estate taxes and/or interest and/or penalties relative to sites or portions of sites within the City of Gardner from or at which there has been a release of oil or hazardous materials. The following are necessary conditions and components of any such agreement:
A. 
The site or a portion thereof must be one from or at which there has been a contaminated release of oil or hazardous material.
B. 
The site or portion thereof is zoned for commercial or industrial uses.
C. 
The agreement must be for the purpose of environmental cleanup and redevelopment of such site and shall require submission of any plans to address such.
D. 
The agreement must provide:
(1) 
The principal amount due of outstanding taxes, interest and penalties, before abatement of any amount thereof;
(2) 
The amount of taxes, interest and penalties to be abated, if any;
(3) 
The net amount of taxes, interest and penalties due after abatement;
(4) 
The percent of interest to accrue, if determined applicable;
(5) 
The inception date of payment;
(6) 
The date of final payment; and
(7) 
Late penalties and other terms of repayment.
E. 
Agreements can only be made with an eligible person as defined under MGL c. 21E, § 2. Eligible persons are new, "innocent" purchasers who did not own the site at the time the oil or hazardous material was released and did not cause or contribute to its release.
[Amended 11-18-2013 by Ord. No. 1563]
F. 
Such agreement shall be negotiated by the Mayor, subject to approval of the City Council by a two-thirds vote.
G. 
Such agreements, as required by said MGL c. 59, § 59A, shall be signed by the eligible property owner and the Mayor.
H. 
Such agreements shall be notarized and attested to by the City Clerk.
I. 
Such agreements shall contain any other provisions as may be required by law, ordinance, or regulation of the Department of Revenue.
J. 
In the event that any such agreement reduces the tax to be paid, abatements must be processed and charged to the overlays for the fiscal years of the taxes abated.
K. 
Copies of executed agreements shall be provided to the eligible property owner, the Mayor, City Council, City Treasurer, City Assessor, and the following state and federal agencies: Massachusetts Commissioner of Revenue, Massachusetts Department of Revenue (Property Tax Bureau), Massachusetts Department of Environmental Protection, and United States Environmental Protection Agency.