A. 
No person may undertake a construction activity or land disturbance, including clearing, grading, excavation or redevelopment that will disturb equal to or greater than thresholds outlined in the Town of Rockland Stormwater Regulations (Regulations) without a written approval or a permit from the Planning Board or as otherwise provided in this bylaw.
B. 
Any person that fails to follow the requirements of a stormwater management permit and the related erosion and sedimentation control plan, and operations and maintenance plan issued under the Stormwater Management Regulations shall be in violation of the Town of Rockland Bylaws.
An applicant seeking an approval and/or permit shall file an appropriate application with the Planning Board in a form and containing information as specified in this bylaw and in regulations adopted by the Planning Board. Approval or permit must be obtained prior to the commencement of land-disturbing or redevelopment activity based on thresholds described in the Stormwater Regulations.
Filing an application for an approval or permit grants the Planning Board and its employees or agent's permission to enter the site to verify the information in the application and to inspect for compliance with approval or permit conditions.
The Planning Board or its designated agent shall make inspections as outlined in the Regulations to verify and document compliance the stormwater management permit.
This bylaw shall be implemented in accordance with the requirements of EPA's most recent General Permit for MS4s in Massachusetts relating to illicit connections and discharges, construction site runoff, and post-construction stormwater management. The Planning Board shall include these requirements in any regulations that it issues. The Planning Board may establish additional requirements by regulation to further the purposes and objectives of this bylaw, so long as they are not less stringent than those in the MS4 General Permit for Massachusetts.
The Planning Board may require the applicant to post before the start of land disturbance or construction activity a surety bond, irrevocable letter of credit, cash, or other acceptable security. The form of the bond shall be approved by the Planning Board and be in an amount deemed sufficient by the Planning Board to ensure that the work will be completed in accordance with the permit. If the project is phased, the Planning Board may release part of the bond as each phase is completed in compliance with the permit.
Upon completion of the work, the applicant shall submit a report (including certified as-built construction plans) from a professional engineer (P.E.), surveyor, or certified professional in erosion and sedimentation control (CPESC), certifying that all erosion and sedimentation control devices, and approved changes and modifications, have been completed in accordance with the conditions of the approved erosion and sediment control plan and stormwater management plan. Any discrepancies shall be noted in the cover letter.
The Planning Board or its authorized agent shall enforce this bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil and criminal remedies for such violations.
A. 
Civil relief. If a person violates the provisions of this bylaw, or any associated regulations, permit, notice, or order issued thereunder, the Planning Board may seek injunctive relief in a court of competent jurisdiction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
B. 
Orders. If the Planning Board determines that a person's failure to follow the requirements of a stormwater management permit and the related erosion and sedimentation control plan, or operations and maintenance plan, then the Authority may issue a written order to the person to remediate the adverse impact, which may include:
(1) 
A requirement to cease and desist from the land-disturbing activity until there is compliance with the bylaw and provisions of the stormwater management permit.
(2) 
Maintenance, installation or performance of additional erosion and sediment control measures.
(3) 
Monitoring, analyses, and reporting.
(4) 
Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity.
(5) 
A requirement to eliminate discharges, directly or indirectly, into a watercourse or into the waters of the commonwealth.
C. 
If the Planning Board determines that abatement or remediation of pollutant is required, the order shall set forth a deadline for completion of the abatement or remediation. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadline, the Town may, at its option, undertake such work, and expenses thereof shall be charged to the violator or property owner. Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner will be notified of the costs incurred by the Town, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Planning Board within 30 days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within 30 days following a decision of the Planning Board affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the cost shall become a special assessment against the property owner of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57, after the 30th day at which the costs first become due.
D. 
Criminal and civil penalties. Any person who violates any provision of this bylaw, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder shall be subject to a fine not to exceed $300 for each day such violation occurs or continues or subject to a civil penalty, which may be assessed in an action brought on behalf of the Town in any court of competent jurisdiction.
E. 
Noncriminal disposition. As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, § 1-4, of the Town of Rockland General Bylaws, in which case the agent of the Planning Board shall be the enforcing person. The penalty for the first violation shall be a warning. The penalty for the second violation shall be $100. The penalty for the third and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
F. 
Entry to perform duties under this bylaw. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Planning Board, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the Planning Board deems reasonably necessary.
G. 
Appeals. The decisions or orders of the Planning Board shall be final. Further relief shall be to a court of competent jurisdiction.
H. 
Remedies not exclusive. The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.