[Adopted 4-6-1992 (Art.
VII, § 34, of the 1988 General Bylaws)]
[Amended 5-24-2021 ATM by Art. 28]
A.
The owner
or operator of a private landfill in the Town shall, as approved by
the Board of Public Health, provide for maintenance of the property,
leachate collection, leachate treatment or removal, runoff control,
air monitoring, odor control, surface water testing and groundwater
testing for a period of 30 years following the abandonment or approved
closure of said landfill to ensure that said abandoned or closed landfill
does not constitute a threat to public health and the environment
nor contaminate the air, land or water resources or public health
of the Town.
B.
Said owner
or operator shall submit a written plan addressing operation maintenance
and monitoring for completing said actions and the estimated costs
of said actions to the Board of Public Health no later than 120 days
following the effective date of this bylaw and on or before January
15 of each year thereafter. Said plan shall not become effective until
approved by the Board of Public Health.
A.
The owner or operator of a private landfill in the Town shall have in force at all times one or more bonds, surety bonds, irrevocable letter of credit, escrow account, or other financial instruments approved by the Board of Public Health in an amount in total which is sufficient to pay in full the costs as determined by said Board for completing the actions required in § 217-3A and to absolve the Town of any such financial liability.
[Amended 5-24-2021 ATM by Art. 28]
B.
Said financial
instruments shall be approved by said Board and shall provide that
the Board shall be a party or co-obligee to said mechanism or mechanisms
to the extent that it shall have the right to obtain, without the
consent of the owner or operator, exclusive direction and control
over the transfer, use and disbursement of funds from said instruments
exclusively for maintenance, leachate collection, leachate removal,
air monitoring, surface and groundwater testing, or any other costs
deemed necessary by the Board to properly regulate said landfill or
to protect public health and the environment for a thirty-year period
following the abandonment or approved closure of said landfill.
C.
Upon failure
of said owner or operator to comply with this article or regulations
adopted pursuant thereto, the Board of Public Health following a public
hearing for which notice has appeared in a newspaper of general circulation
in the Town no less than 14 days prior to said hearing may issue an
order for immediate provision of said required financial mechanisms.
[Amendment 4-30-2018 ATM
by Art. 18; 5-24-2021 ATM by Art. 28]
[Amended 5-24-2021 ATM by Art. 28]
The Board of Public Health is hereby authorized to adopt regulations
to implement the provisions of this article. Said regulations shall
require said owner or operator to publicly disclose its financial
assets.
Each of the paragraphs within this article shall be construed
as separate to the end that if any sentence, clause or phrase thereof
shall be held invalid for any reason the remainder of that paragraph
and all other paragraphs of this article shall continue in full force.
This article is adopted pursuant to the Home Rule Amendment
of the Massachusetts Constitution and the home rule statutes, independent
of the provisions of MGL c. 111, § 150A, and regulations
promulgated thereunder.
