The Board of Health, City of Haverhill, on July 21, 1987, in accordance with, and under the authority granted by Section 31, of Chapter III of the Massachusetts General Laws, promulgated and adopted the following regulation:

GENERAL BYLAW - HAZARDOUS MATERIALS

SECTION 1: AUTHORITY

This bylaw is adopted by the City of Haverhill under its home rule powers, its police powers to protect public health and welfare, and its authorization under Mass. Gen. Laws, Chapter 40, Section 21.

SECTION 2: PURPOSE

The purpose of this bylaw is to protect, preserve and maintain the existing and potential groundwater supply, groundwater recharge areas and surface water within the city from contamination with hazardous materials.

SECTION 3: DEFINITIONS

The following definitions shall apply in the interpretation and implementation of the bylaw.

SECTION 3: #1

"Hazardous Material" means a product or waste, or combination of substances which because of quality, concentration, or physical or chemical or infectious characteristics, poses in the Board of Health's judgement a substantial present or potential hazard to the human health, safety, or welfare or the environment when improperly treated, stored, transported, used, or disposed of or otherwise managed.

Any substance deemed a hazardous waste in Massachusetts General Laws, Chapter 21C shall also be deemed a hazardous material for the purpose of the bylaw.

SECTION 3: #2

"Discharge" means the disposal, deposit, injection, dumping, spilling, leaking, incineration, or placing of any hazardous material into or on any land or water so that such hazardous material or any constituent thereof may enter the environment or be emitted into the air or discharged into any water, including groundwater.

SECTION 4: PROTECTION

All discharge of hazardous material within the city are prohibited.

SECTION 4: #1 REPORTING OF DISCHARGE:

Any person having knowledge of a discharge of hazardous material shall immediately report the discharge to the Board of Health and if involving flammable or explosive materials, to the head of the Fire Department.

SECTION 4: #2 RIGHT OF ENTRY:

The Board of Health and its agents may enter upon privately owned property for the purpose of performing their duties under this bylaw.

SECTION 4: #3 PENALTY:

Any person who violates any provision of this bylaw shall be punished by a fine of not more than $200.00. Each day or portion thereof during which violation continues shall constitute a separate offense; if, more than one, each condition violated constitute a separate offense.

HAVERHILL BOARD OF HEALTH

Albert R. Rizzotti, Chairman
Carl F. Rosenbloom, M.D.
Ronald H. Albert