Noisome Trades- MAHB Model

SECTION 1: PURPOSE

These regulations for noisome trades are intended to protect the public health and environment by limiting the operation of such a trade to a location as may be assigned by the Board of Health, and by otherwise restricting the conduct of such a trade.

SECTION 2: AUTHORITY

These regulations are adopted pursuant to the authority granted to local boards of health under General Laws Chapter 111, Sections 31, 122 and 143.

SECTION 3: NOISOME TRADES PROHIBITED WITHOUT SITE ASSIGNMENT

No trade or employment which may result in nuisance or be harmful to the environment, to public health, or which may be injurious to the estates of others, or which may be attended by noisome and injurious odors may be established or operated in __________, except in a location as may be assigned by the Board of Health after a public hearing.

 

The Board of Health hereby declares the following trades to be noisome:

 

Stone quarry and/or sand and gravel pit

Asphalt batch mix or drum mix plant and/or crushed stone facility

Auto body shop and/or auto paint shop

Motor vehicle junkyard

Pulp & paper mills

Plastic manufacturing plants

Sewage sludge treatment / composting operations

Solid waste management facilities identified in 310 CMR 16.05 (2) which do not require site assignment under 310 CMR 16.00, except those facilities which are conditionally exempt under 310 CMR 16.05 (3).

Tire recapping facilities

Others as appropriate ……………………….

 

SECTION 4: SITE ASSIGNMENT APPLICATIONS

An application for an assignment for a noisome trade shall include:

 

  1. Five copies of a site plan, conforming in all material respects to the form and content requirements applicable to site plans set forth in Article 7 of the __________ Zoning Bylaw;

 

  1. A list of all local, state and federal permits or approvals required for the operation of the noisome trade, stating whether such permits or approvals have been applied for or received, and their expiration dates;

 

  1. A description of all major equipment or machinery intended to be used in the noisome trade, excepting office equipment and automobiles. The descriptions shall include details of any technology incorporated into or used in conjunction with the equipment or machinery which will address problems relating to dust, noise, odors and vibrations; and

 

  1. A general description of the operation of the intended noisome trade, including hours of operation, anticipated motor vehicle traffic to and from the facility, and the number of employees on each shift.

 

The Board of Health may require the submission of further materials, including reports of engineers or consultants and copies of other permits already obtained.

 

SECTION 5: APPLICATION FEES

The applicant shall include with the application an application fee in the amount of $ 250. In addition, the Applicant may be required to pay the reasonable costs of hiring any outside consultants, engineers and attorneys if needed to assist the Board of Health in reviewing the application. Fees for such consultants shall be charged to the Applicant in accordance with the Board’s regulations under General Laws Chapter 44, Section 53G.

 

SECTION 6: EFFECTIVE DATE/GRANDFATHER CLAUSE

These regulations shall take effect on ___________. Any noisome trade as defined herein which is in existence in __________ before the effective date of this regulation must submit a complete application for site assignment as described in Section 7 within three (3) months of the effective date of this regulation or cease to operate on or before that date. . The Board will evaluate the application within 60 days after the application is submitted. At the time of the initial site assignment, the Board might choose to impose specific conditions and/or provide specific waivers from the General Performance Standards of Section 10. If such conditions are involved, the Applicant will be allowed an addition forty five (45) days for response to or compliance with these conditions. Any potential denial of an initial site assignment will involve a Public Hearing where all sides will be given an opportunity to present relevant information to the Board of Health prior to the Board’s making a final decision. .

SECTION 7: TERM OF ASSIGNMENT

Once a site is assigned, such assignment shall be valid for three years. A site assignment shall be reviewed triennially by the Board of Health for renewal. A renewal application shall be initiated by the operator or owner of the noisome trade at least 45 days prior to the expiration of the preceding assignment period. The owner or operator shall initiate the renewal application by sending or delivering to the Board of Health a written request for renewal including the following:

 

  1. a request that the assignment be renewed, stating the date the current assignment was issued;

 

  1. a certification under oath that all required local, state and federal permits are current and valid;

 

  1. a description of any proposed or de facto changes in the major equipment or machinery used or intended for use in the operation of the noisome trade, excepting office equipment and automobiles. The descriptions shall include details of any technology incorporated into or used in conjunction with the equipment or machinery which will address problems relating to dust, noise, odors and vibrations. If there are no changes in the operation since the approval of the previous application, the applicant should so state in the Application.

 

  1. a description of any proposed or de facto changes to the operation of the noisome trade, including any change to hours of operation, actual or anticipated motor vehicle traffic in and out of the facility, and the number of employees on each shift;

 

  1. a reapplication fee of $250.

 

The Board of Health may require the submission of further materials, including reports of engineers or consultants, and may charge the applicant the reasonable costs of its own consultants, engineers or attorneys, if needed, as provided in Section 5.

 

SECTION 8: REVOCATION/ENFORCEMENT

A site assignment may be revoked at any time for cause (failure to meet General Performance Standards of Section 10 and other specific standards or regulations that the Board of Health might adopt during the process of initial site assignment) after a hearing held upon seven fifteen days notice to the operator. Nothing in these regulations shall be deemed to limit the power of the Board of Health to issue orders of prohibition under G.L. c. 111, §§ 143 and 146, or emergency orders to abate nuisances under G.L. c. 111, § 123, or any other applicable provision of the General Laws, or under any Board of Health regulation.

 

SECTION 9: APPEALS

Any person aggrieved by an action of the Board of Health restricting or prohibiting the conduct of a noisome trade may appeal said action pursuant to G.L. c. 111, § 147. The noisome trade operator may continue operation during the appeals period, unless the Board of Health decides that such continued operation would result in imminent danger to public health. Any person aggrieved by an assignment made by the Board of Health may appeal said site assignment to the Department of Environmental Protection as provided in G.L. c. 111, § 143.

 

SECTION 10: GENERAL PERFORMANCE STANDARDS

General standards for the conduct of a noisome trade shall be determined by the Board of Health.

 

No noisome trade, under normal conditions, shall cause, create, or result in:

 

  1. Persistent noise in excess of standards defined in the Town of __________ Board of Health Noise Regulations. Such an exceedence would represent a significant increase in noise levels in the vicinity of the use, so as to be incompatible with the reasonable use of the surrounding area.

 

  1. Noticeable vibration beyond the property on which the use is located.

 

  1. Smoke, dust, odors, noxious gases or other forms of air pollution, which constitute a nuisance or recognized health hazard, above or beyond the property on which the use is located.

 

  1. Releases of heat, cold, moisture, mist, fog, precipitation, or condensation likely to be detrimental to public safety, health or welfare above or beyond the property on which the use is located.

 

  1. Electronic emissions or signals which will repeatedly and substantially interfere with the reception of radio, television, or other electronic signals beyond the lines of the property on which the use is located.

 

  1. Glare, lights or reflections which constitute a nuisance to other property owners or tenants or which are detrimental to the public safety, health or welfare.

 

  1. Liquid or solid wastes or refuse which cannot be disposed of by available or existing methods without any undue burden on municipal facilities.

 

  1. Undue fire, safety, explosive or other hazard which significantly endangers any property, including the applicant’s, or which results in a significantly increased burden on municipal facilities.

 

SECTION 11: POWER TO IMPOSE ADDITIONAL CONDITIONS

The Board of Health may attach any other conditions to a site assignment, beyond the General Performance Standards of Section 10, which are specific to the nature of the Noisome Trade and which it may find necessary or prudent for the safety and general welfare of the public and for the protection of the environment. Such conditions may include, without limitation, restrictions on the hours of operation, restrictions on traffic entering and leaving the site, and abatement measures designed to mitigate the adverse effects of the regulated activity. Any trade which cannot be conditioned in a manner which will protect the public health, safety and general welfare shall be denied a site assignment.

 

VOTED on ______________

and effective ________________