[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 5-4-2019 by Art. 45, approved 8-14-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 145, Stormwater Management, adopted 4-10-2007 ATM by Art. 18, approved 7-31-2007.
Increased and contaminated stormwater runoff is a major cause of impairment of water quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater; contamination of drinking water supplies; alteration or destruction of aquatic and wildlife habitat; and flooding. Regulation is necessary and mandated by the U.S. Environmental Protection Agency, pursuant to the Clean Waters Act, for the protection of Yarmouth's water bodies and groundwater, and to safeguard the public health, safety, welfare, and the environment.
This bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule Procedures Act,[1] and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34.
[1]
Editor's Note: See MGL c. 43B, § 1 et seq.
The Yarmouth Conservation Commission (Commission) shall administer, implement and enforce this bylaw. Any powers granted to, or duties imposed upon, the Commission may be delegated in writing by the Commission to any Town employees, board, commission, committee or agent, hereby known as the "authorized agent." The Department of Municipal Inspections shall serve as an authorized agent for enforcement.
The Commission shall adopt and, from time to time, amend stormwater management regulations, which shall outline minimum construction and post-construction site runoff control measures, regulate illicit connections and discharges, and other matters consistent with the intent and purpose of this bylaw. Such regulations shall be adopted and amended by the Yarmouth Conservation Commission pursuant to MGL c. 40, § 8C, at public hearings pursuant to MGL c. 30A, §§ 18 through 25 (the Open Meeting Law).
A. 
No person may undertake a construction activity, including clearing, grading, excavation or redevelopment that will disturb an area equal to or greater than thresholds outlined in the Town of Yarmouth Stormwater Management Regulations (Regulations) without written approval or a permit from the Commission or as otherwise provided in this bylaw.
B. 
No person shall dump, discharge, cause or allow to be discharged any pollutant or non-stormwater discharge into the municipal separate storm sewer systems (MS4), or into any waters as defined in the regulations.
C. 
No person shall construct, use, allow, maintain or continue any illicit connection to the MS4, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.
D. 
No person shall obstruct or interfere with the normal flow of stormwater into or out of the MS4.
Permit procedures and requirements shall be defined and enumerated in the rules and regulations promulgated pursuant to § 145-4 of this bylaw.
The Commission and/or Department of Municipal Inspections 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 Commission and/or Department of Municipal Inspections 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 Commission and/or Department of Municipal Inspections determines that a person's failure to follow the requirements of this bylaw, or any associated regulations, permit, notice, or order issued thereunder, is creating an adverse impact to a water resource or the MS4 system, then the Commission and/or Department of Municipal Inspections may issue a written order to the person to remediate the adverse impact, which may include, but is not limited to:
(1) 
A requirement to cease and desist from the land-disturbing activity until there is compliance with the bylaw, regulations and/or provisions of the stormwater management permit or order;
(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; and
(5) 
A requirement to eliminate discharges, directly or indirectly, into the MS4, a watercourse or into any waters as defined in the regulations.
C. 
If the Commission and/or Department of Municipal Inspections 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 objection to the amount or basis of costs with the Commission and/or Department of Municipal Inspections 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 an objection or within 30 days following a decision of the Commission and/or Department of Municipal Inspections affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the cost shall become a lien against the property. 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, regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to a fine for each day such violation occurs or continues. The fine 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, in which case the Commission and/or Department of Municipal Inspections shall be the enforcing person.
F. 
Penalties. 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.
G. 
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 Commission and/or Department of Municipal Inspections, 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 Commission and/or Department of Municipal Inspections deems reasonably necessary.
H. 
Appeals. Any person aggrieved by the decision pursuant to this bylaw may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the Commonwealth of Massachusetts.
I. 
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.