FEDERAL LAWS
Code
of Federal Regulations 40CFR268.2
"Title 40
Sec. 268.2 (k) "Any deliberate mixing of prohibited hazardous waste
with soil that changes its treatment classification (i.e., from waste
to contaminated soil) is not allowed under the dilution prohibition
in Sec. 268.3.
Code
of Federal Regulations 40CFR268.3
"Title 40
Sec. 268.3 (a) "...no transporter, handler, or owner or operator of
a treatment, storage, or disposal facility shall in any way dilute a
restricted waste...as a substitute for adequate treatment..."
US
Code Title 31 Section 3729
(a) "...Any person who - (1) knowingly presents, or causes to be presented,
to an officer or employee of the United States Government...a false
or fraudulent claim for ...approval; (2) knowingly makes, uses, or causes
to be made or used, a false record or statement to get a false or fraudulent
claim...approved by the Government; (3) conspires to defraud the Government
by getting a false or fraudulent claim allowed...is liable to the United
States Government..."
MASSACHUSETTS GENERAL LAWS
MGL Chapter 264 Section 11
"Whoever by speech or...distribution...of any written or printed document...advises...the
unlawful destruction of real or personal property...shall be punished..."
MGL Chapter 265 Section 13A
(a) "Whoever commits an assault...upon another shall be punished..."
(b) (i) "upon another and by such assault and battery causes serious
bodily injury;"
(c) For the purposes of this section, "serious bodily injury" shall
mean bodily injury that results in a permanent...loss or impairment
of a bodily function..."
MGL Chapter 265 Section 14
"Whoever, with malicious intent to maim...assaults another person
with a dangerous...substance or chemical, and by such assault...inflicts
serious or permanent physical injury upon such person, and whoever is
privy to such intent, or is present and aids in the commission of such
crime, shall be punished..."
MGL Chapter 265 Section 28
"Whoever...wilfully poisons any spring, well or reservoir of water
with such intent, shall be punished...for life..."
MGL Chapter 265 Section 29
"Whoever assaults another with intent to commit a felony shall...be
punished..."
MGL Chapter 265 Section 37
"No person...shall...willfully injure...or interfere with...any
other person in the free exercise or enjoyment of any right or privilege
secured to him by the constitution or laws of the commonwealth or by
the constitution or laws of the United States.
MGL Chapter 265 Section 43A
"Whoever willfully and maliciously engages in a knowing pattern of conduct
or series of acts over a period of time directed at a specific person,
which seriously alarms that person and would cause a reasonable person
to suffer substantial emotional distress, shall be guilty of the crime
of criminal harassment..."
MGL
Chapter 40 Section 21
"Towns may...make...by-laws...which shall be binding upon all inhabitants thereof
and all persons within their limits."
MGL
Chapter 111 Section 2C
"The commissioner of environmental protection or his designee may issue
orders in the name of the department of environmental protection upon
witnessing or being presented proof of the violation of any statute,
rule, regulation or code which the said department is authorized to
enforce relative to pollution."
MGL
Chapter 270 Section 16
"Whoever places, throws, deposits, or discharges or whoever causes to
be placed, thrown, deposited or discharged, trash, bottles or cans,
refuse, rubbish, garbage, debris, scrap, waste or other material of
any kind on a public highway or within 20 yards of a public highway...or
on property of another...shall be punished..."
MGL Chapter 12 Section 5B
"Any person who: (1) knowingly presents...a false...claim for...approval; (2) knowingly makes...a false record...to obtain...approval of a claim by the commonwealth...(3) conspires to defraud the commonwealth...through the allowance or payment of a fraudulent claim; (7) enters into an agreement, contract or understanding with one or more officials of the commonwealth...thereof knowing the information contained therein is false; (8) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or to transmit money or property to the commonwealth or political subdivision thereof; or (9) is a beneficiary of an inadvertent submission of a false claim to the commonwealth...subsequently discovers the falsity of the claim, and fails to disclose the false claim to the commonwealth...shall be liable to the commonwealth...for a civil penalty of not less than $5,000 and not more than $10,000 per violation, plus three times the amount of damages, including consequential damages, that the commonwealth or political subdivision sustains because of the act of that person. Costs recoverable...shall also include the costs of any review or investigation undertaken by the attorney general, or by the state auditor or the inspector general in cooperation with the attorney general.
MASSACHUSETTS TITLE V LAWS
MA
DEP Title 5 - 310 CMR Section 15.240
(9) "Backfill must be clean and free of stones and boulders greater
than six inches in size."
MA
DEP Title 5 - 310 CMR Section 15.255
(3) "The fill shall be comprised of clean granular sand, free from organic
matter and deleterious substances. Mixtures and layers of different
classes of soil shall not be used. The fill shall not contain any material
larger than two inches."
MA
DEP Title 5 - 310 CMR Section 15.504
(2) "Disposal of septage shall be...to a treatment works. All such treatment
works shall be approved by the Department in accordance with MGL Chapter
21 Section 26-53... Any other disposal is a violation of 310 CMR 15.000."
MA
DEP Title 5 - 310 CMR Section 19.014
(1) "No person shall establish, construct, operate or maintain a dumping
ground or operate or maintain a landfill in Massachusetts in such manner
as to constitute an open dump." (2) "No person shall dispose or contract
for the disposal of solid waste at any place in Massachusetts which
has not been approved by the Department pursuant to MGL Chapter 111
Section 150A, 310 CMR 16.00 or 310 CMR 19.000. (3) "No person shall
dispose or contract for the disposal of solid waste at any facility
in Massachusetts that is not approved to manage the particular type
of solid waste being disposed."
MA
DEP Title 5 - 310 CMR Section 32.11
(2) "No person shall use, sell, or distribute or offer for use, sale,
or distribution in Massachusetts sludge or septage unless such sludge
or septage is the subject of an Approval of Suitability then in effect
pursuant to 310 CMR 32.00.
MA
DEP Title 5 - 310 CMR Section 15.024
It shall be a violation of 310 CMR 15.000 for any person to: (1) "...construct
or use a system in any manner that is not in compliance with an applicable
Disposal System Construction Permit, Certificate of Compliance, or other
approval or order." (5) "Failure to take necessary corrective actions as directed by the
local approving authority or the Department in accordance with 310 CMR
15.000" (7) "...violate any other provisions of 310 CMR 15.000, or local requirements"
MA
DEP Title 5 - 310 CMR Section 15.211
(1) "All systems must conform to the minimum setback distance... Other
Open, Surface or Subsurface Drains which intercept seasonal high groundwater
table 25' to septic tank and 50' to soil absorption system, Private
Water Supply Well 100' to soil absorption system, Property Line 10'
to soil absorption system."
CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS -
Part the First: A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts
Article VI. "No man...have any other title to obtain...exclusive privileges,
distinct from those of the community..."
Article VII. "Government is instituted for the common good; for the protection, safety,
prosperity and happiness of the people; and not for the profit, honor,
or private interest of any one man, family, or class of men..."
Article X. "Each
individual of the society has a right to be protected by it in the enjoyment
of his life, liberty and property..."
Article XXIX. "It is essential...that there be an impartial interpretation
of the laws, and administration of justice."
LOCAL LAWS
Town
of Ashburnham Solid Waste Regulations
"No person
shall remove or transport solid waste other than that generated by ones
own household through the Town of Ashburnham without a permit from the
Board of Health. An application must be completed, fee paid and an inspection
of the proposed vehicle must be done prior to any permits being issued.
Persons applying for a permit must provide proof that their disposal
sites are approved as required by law."
Town
of Ashburnham Solid Waste Regulations
"The Ashburnham Board of Health or their designated agent, shall enforce
these regulations. Whoever...violates these regulations, shall be punished
by a fine of not more than $500.00 for each and every offense and/or
loss of license."
Town
of Ashburnham By-Laws XI Section 14
"No person
shall place, deposit or cause to flow in any well, stream, pond, lake
or any other body of water in the town, any glass, metal or any article,
material or substance, or liquid, liable to cause injury or pollute
the same in any manner."
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