THE SAUGUS ADVOCATE – FriDAy, DECEmbEr 13, 2024 Page 7 ENVIRONMENTAL | FROM PAGE 2 than what the state allowed. For instance, state law provides a fine of $300 per violation, while the town bylaw as previously introduced allowed a fine of $1,000 per violation. This year’s Town Meeting vote essentially corrected the flaw identified in the 2014 version of the article. Board of Selectmen Chair Debra Panetta hailed the measure as “a very important article” while addressing Town Meeting last spring. “We need to pass this to give the Board of Health some teeth to protect us,” Panetta said. Kelli E. Gunagan, Assistant Attorney General and Director of the Municipal Law Unit, noted in her review of Article 18 that the unit received correspondence from Legal Counsel for Wheelabrator Saugus, Inc. “urging this Office to disapprove Article 18 because it conflicts with state law on various grounds.” “We have considered the opposition’s allegation that Article 18 conflicts with state law because the Town failed to comply with its by-law provisions governing the procedures for voting at Town Meeting,” Gunagan wrote in the decision. “We conclude that a Town’s failure to comply with its own local by-laws does not provide the Attorney General with grounds to disapprove Article 18. The opposition urges us to disapprove Article 18 because the Town failed to take a roll call vote for Article 18 as required by Section 205.00 of the Town’s by-laws, ‘Use of Check List,’ and because the Town did not take the necessary vote required by Section 202.00 of Town’s by-laws, ‘Warrant Articles,’ to discuss and vote on Article 18 ‘out of order’ at Town Meeting. These assertions do not provide the Attorney General with grounds to disapprove Article 18.” Gunagan noted the attorney general’s review also considered “the opposition’s allegation that Article 18’s provisions regulating emissions and pollution from solid waste facilities conflicts” with state law, “which authorizes local boards of health to adopt rules and regulations that regulate and control atmospheric pollution. We conclude that the new Section 514A.00 does not conflict,” she said. A closer look at Article 18 514A.00 Standards Board of Health Solid Waste Facility Environmental Performance Section 1: Preamble. This section establishes environmental performance standards for solid waste facilities subject to Board of Health enforcement. Section 2: Purpose. The purpose of this section is to protect the rights of the people of Saugus to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution. Section 3: Authority. This Section is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, and Massachusetts General Law Chapter 111, Section 31. Section 4: Solid waste facilities shall not be operated in a manner to cause any dangerous, noxious, injurious or otherwise objectionable hazard; noise or vibration, smoke, dust, odor or other objectionable pollution; glare, conditions conducive to breeding of insects, rodents or other vermin, substances, conditions, or elements to an extent so as to adversely affect nearby neighborhoods. Minimum acceptable standards shall be as follows: A: Emissions shall be effectively confined within any building, or controlled to prevent any nuisance, hazard, or other disturbance from being perceptible (without the use of instruments) at any lot line of the site location. B. All use and storage of flammable materials shall be confined and maintained in accordance with the strict provisions set forth by the Chief of the Fire Department acting in accordance with duly established fire prevention regulations, codes and standards. C. Any emission of visible smoke shall meet the then current color standards of the Massachusetts Department of Environmental Protection Division of Air Pollution, and in any event, no emission of smoke shall be greater than 10% opacity. D. There shall be no emission of ash that can cause damage to the health of humans, animals or vegetation, or that can cause excessive soiling. In no event shall emission of any solid or liquid particles in concentration exceeding 0.2 grams per cubic foot of conveying gas or air be permitted. E. The maximum permissible sound pressure level at the closest residenENVIRONMENTAL | SEE PAGE 9 Bus Route Changes The fi rst phase of MBTA’s Bus Network Redesign starts December 15, 2024. Get ready! Learn how these routes will change: ALLSTON Learn More at MBTA.com/BNRPhase1 Sign up for T-Alerts at MBTA.com/SignUp BRIGHTON CENTER
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