[HISTORY: Adopted by the October Town Meeting
of the Town of North Reading 10-16-2006 by Art. 3, approved 2-13-2007. Amendments noted where applicable.]
A.
Increased and contaminated storm water 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.
B.
Regulation of illicit connections and discharges to
the municipal storm drainage system is necessary for the protection
of the Town's water bodies and groundwater, and to safeguard the public
health, safety, welfare and the environment.
C.
(1)
To prevent pollutants from entering the Town's municipal
separate storm sewer system (MS4);
(2)
To prohibit illicit connections and unauthorized discharges
to the MS4;
(3)
To require the removal of all such illicit connections;
(4)
To comply with state and federal statutes and regulations
relating to storm water discharges; and
AUTHORIZED ENFORCEMENT AGENCY — The Director of the Department of Public Works, its employees, officers, or agents are designated to enforce Article I Non-Storm Water Discharges.
Refers to Chapter 156, Storm Water Management Bylaw of the "Bylaws of the Town of North Reading."
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts from
any source.
Water beneath the surface of the ground.
A surface or subsurface drain or conveyance, which allows
an illicit discharge into the municipal storm drainage system, including
without limitation sewage, process wastewater, or wash water and any
connections from indoor drains, sinks, or toilets, regardless of whether
said connection was previously allowed, permitted, or approved before
the effective date of this bylaw.
Direct or indirect discharge to the municipal storm drainage system that is not composed entirely of storm water, except as exempted in § 156-8. The term does not include a discharge in compliance with a NPDES Storm Water Discharge Permit or a Surface Water Discharge Permit, or resulting from fire fighting activities exempted pursuant to § 156-8.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and rooftops.
The system of conveyances designed or used for collecting
or conveying storm water, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town.
A permit issued by United States Environmental Protection
Agency or jointly with the state that authorizes the discharge of
pollutants to waters of the United States.
Discharge to the municipal storm drainage system not composed
entirely of storm water.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth
of Massachusetts. Pollutants shall include without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
Water which, during manufacturing or processing, comes into
direct contact with or results from the production or use of any material,
intermediate product, finished product, or waste product.
Storm water runoff, snowmelt runoff, and surface water runoff
and drainage.
A permit issued by the Department of Environmental Protection
(DEP) pursuant to 314 CMR 3.00 that authorizes the discharge of pollutants
to waters of the Commonwealth of Massachusetts.
Any material, which because of its quantity, concentration,
chemical, corrosive, flammable, reactive, toxic, infectious or radioactive
characteristics, either separately or in combination with any substance
or substances, constitutes a present or potential threat to human
health, safety, welfare, or to the environment. Toxic or hazardous
materials include any synthetic organic chemical, petroleum product,
heavy metal, radioactive or infectious waste, acid and alkali, and
any substance defined as toxic or hazardous under G.L. Ch. 21C and
Ch. 21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.
Any sanitary waste, sludge, or septic tank or cesspool overflow,
and water that during manufacturing, cleaning or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct
or waste product.
A natural or man-made channel through which water flows or
a stream of water, including a river, brook or underground stream.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, costal waters,
and groundwater.
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to G.L. c. 131,
§ 40 and 310 CMR 10.00 et seq.
Chapter 156, Article I is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to G.L. c. 83, §§ 1, 10, and 16, as amended by St. 2004, c. 149, §§ 135-140, and the regulations of the federal Clean Water Act found at 40 CFR 122.34
The Authorized Enforcement Agency shall administer, implement and enforce Chapter 156, Article I, and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the Authorized Enforcement Agency may be delegated in writing by the Authorized Enforcement Agency to employees or agents of the Authorized Enforcement Agency.
A.
Illicit discharges. No person shall dump, discharge,
cause or allow to be discharged any pollutant or non-storm water discharge
into the municipal separate storm sewer system (MS4), into a watercourse,
or into the waters of the Commonwealth of Massachusetts.
B.
Illicit connections. No person shall construct, use,
allow, maintain or continue any illicit connection to the municipal
storm drainage system, regardless of whether the connection was permissible
under applicable law, regulation or custom at the time of connection.
C.
Obstruction of municipal storm drainage system. No
person shall obstruct or interfere with the normal flow of storm water
into or out of the municipal storm drainage system without prior written
approval from the Authorized Enforcement Agency.
A.
Discharge or flow resulting from fire fighting activities.
B.
The following non-storm water discharges or flows
are exempt from the prohibition of non-storm waters provided that
the source is not a significant contributor of a pollutant to the
municipal storm drainage system:
(1)
Waterline flushing;
(2)
Flow from potable water sources;
(3)
Springs;
(4)
Natural flow from riparian habitats and wetlands;
(5)
Diverted stream flow;
(6)
Rising groundwater;
(7)
Uncontaminated groundwater infiltration as defined
in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
(8)
Water from exterior foundation drains, footing drains
(not including active groundwater dewatering systems), crawl space
pumps, or air conditioning condensation;
(9)
Discharge from landscape irrigation or lawn watering;
(10)
Water from individual residential car washing;
(11)
Discharge from dechlorinated swimming pool water
(less than one ppm chlorine) provided the water is allowed to stand
for one week prior to draining and the pool is drained in such a way
as not to cause a nuisance;
(12)
Discharge from street sweeping;
(13)
Dye testing, provided verbal notification is
given to the Authorized Enforcement Agency prior to the time of the
test;
(14)
Non-storm water discharge permitted under a
NPDES permit or a Surface Water Discharge Permit, waiver, or waste
discharge order administered under the authority of the United States
Environmental Protection Agency or the Department of Environmental
Protection, provided that the discharge is in full compliance with
the requirements of the permit, waiver, or order and applicable laws
and regulations; and
(15)
Discharge for which advanced written approval
is received from the Authorized Enforcement Agency as necessary to
protect public health, safety, welfare or the environment.
The Authorized Enforcement Agency may suspend
municipal storm drainage system access to any person or property without
prior written notice when such suspension is necessary to stop an
actual or threatened discharge of pollutants that presents imminent
risk of harm to the public health, safety, welfare or the environment.
In the event any person fails to comply with an emergency suspension
order, the Authorized Enforcement Agency may take all reasonable steps
to prevent or minimize harm to the public health, safety, welfare
or the environment.
Notwithstanding other requirements of local,
state or federal law, as soon as a person responsible for a facility
or operation, or responsible for emergency response for a facility
or operation has information of or suspects a release of materials
at that facility or operation resulting in or which may result in
discharge of pollutants to the municipal drainage system or waters
of the Commonwealth of Massachusetts, the person shall take all necessary
steps to ensure containment, and cleanup of the release. In the event
of a release of oil or hazardous materials, the person shall immediately
notify the Fire and Police Departments, Board of Health, and the Department
of Public Works. In the event of a release of non-hazardous material,
the reporting person shall notify the Authorized Enforcement Agency
no later than the next business day. The reporting person shall provide
to the Authorized Enforcement Agency written confirmation of all telephone,
facsimile or in-person notifications within three business days thereafter.
If the discharge of prohibited materials is from a commercial or industrial
facility, the facility owner or operator of the facility shall retain
on-site a written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least
three years.
The Director of the Department of Public Works or appointed designee shall enforce Chapter 156, Article I, 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 Chapter 156, Article I, regulations, permit, notice, or order issued there under, the Authorized Enforcement Agency 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.
(1)
(2)
If the Authorized Enforcement Agency determines that
abatement or remediation of contamination is required, the order shall
set forth a deadline by which such abatement or remediation must be
completed. 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.
(3)
Within thirty (30) days after completion by the Town
of 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 Authorized Enforcement Agency within thirty
(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 thirty (30) days following a decision
of the Authorized Enforcement Agency affirming or reducing the costs,
or from a final decision of a court of competent jurisdiction, the
costs shall become a special assessment against the property owner
and shall constitute a lien on the owner's property for the amount
of said costs. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in G.L. Ch. 59, 57 after the thirty-first
day at which the costs first become due.
D.
Noncriminal disposition. As an alternative to criminal
prosecution or civil action, the Town may elect to utilize the noncriminal
disposition procedure set forth in G.L. Ch. 40, § 21D and
adopted by the Town as a general bylaw[1] in which case the Authorized Enforcement Agency of the
Town shall be the enforcing person. The penalty for the 1st violation
shall be a written warning. The penalty for the 2nd violation shall
be $50. The penalty for the 3rd violation shall be shall be $100.
The penalty for the 4th and subsequent offenses shall be $200. Each
day or part thereof that such violation occurs or continues shall
constitute a separate offense.
E.
Entry to perform duties under Chapter 156, Article I. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Authorized Enforcement Agency, 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 Authorized Enforcement Agency deems reasonably necessary.
F.
Appeals. The decisions or orders of the Authorized
Enforcement Agency shall be final. Further relief shall be to a court
of competent jurisdiction.
The provisions of this bylaw are hereby declared
to be severable. If any provision, paragraph, sentence, or clause,
of this bylaw or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not
affect the other provisions or application of this bylaw.
A.
Regulation of discharges to the municipal separate
storm sewer system (MS4) is necessary for the protection of the Town's
water bodies and groundwater, and to safeguard the public health,
safety, welfare and the environment. Increased and contaminated storm
water runoff associated with developed land uses and the accompanying
increase in impervious surface are major causes of impairment of water
quality and flow in lakes, ponds, streams, rivers, wetlands and groundwater.
In addition, land disturbances can cause harmful impacts due to:
(1)
Soil erosion and sedimentation.
(2)
Impairment of water quality and flow in lakes, ponds,
streams, rivers, wetlands, and groundwater.
(3)
Contamination of drinking water supplies.
(4)
Erosion of stream channels.
(5)
Alteration or destruction of aquatic and wildlife
habitat.
(6)
Flooding.
(7)
Overloading or clogging of municipal catch basins
and municipal storm drainage systems.
B.
Therefore, Chapter 156, Article II establishes storm water management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts offsite and downstream which would be born by abutters, townspeople, and the general public. In addition, Chapter 156, Article II establishes storm water management standards for land disturbances that have harmful impacts of soil erosion and sedimentation.
C.
(1)
To require practices to control the flow of storm
water from new and redeveloped sites into the municipal storm drainage
system in order to prevent flooding and erosion.
(2)
To protect groundwater and surface water from degradation.
(3)
To promote groundwater recharge and infiltration.
(4)
To prevent pollutants from entering the Town's municipal
separate storm sewer system (MS4) and to minimize discharge of pollutants
from the MS4.
(5)
To ensure adequate long-term operation and maintenance
of structural storm water best management practices (BMPs) so that
they work as designed.
(6)
To require practices that eliminate soil erosion and
sedimentation and control the volume and rate of storm water runoff
resulting from land disturbances.
(7)
To ensure that soil erosion and sediment control measures
and storm water runoff control practices are incorporated into the
site planning and design process and are implemented and maintained.
(8)
To require practices to control waste such as discarded
building materials, concrete truck washout, chemicals, litter, and
sanitary waste at the construction site that may cause adverse impacts
to water quality.
(9)
To comply with state and federal statutes and regulations
relating to storm water discharges.
ABUTTER — The owner(s) of land
abutting the activity.
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge; change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the Commonwealth of Massachusetts or the federal government to
the extent permitted by law requesting a Storm Water Management Permit
for proposed land disturbances.
A registered professional engineer (P.E.) hired by the applicant
to certify that design and construction are completed in accordance
with the applicable local, state, and federal storm water requirements.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of storm
water runoff.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) as hereafter amended.
Any activity that removes the vegetative surface cover.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
The addition from any source of any pollutant or combination
of pollutants into the municipal storm drainage system or into the
waters of the United States or Commonwealth of Massachusetts from
any source.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings, and details developed
by a registered professional engineer (P.E.) or a certified professional
in erosion and sediment control (CPESC), which includes BMPs, or equivalent
measures designed to control surface runoff, erosion and sedimentation
during pre-construction and construction related land disturbances.
The plan is required as part of the application for a Storm Water
Management Permit.
Changing the level or shape of the ground surface.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and roof
tops.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
The policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act G.L. c. 131 § 40 and Massachusetts Clean
Waters Act G.L. c. 21, § 23-56. The policy addresses storm
water impacts through implementation of performance standards to reduce
or prevent pollutants from reaching water bodies and control the quantity
of runoff from a site.
The system of conveyances designed or used for collecting
or conveying storm water, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the Town.
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation and maintenance of a storm water
management system to insure that it continues to function as designed.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth of Massachusetts or the federal government, to
the extent permitted by law, and any officer, employee, or agent of
such person.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Any element or property of sewage, agricultural, industrial
or commercial waste, runoff, leachate, heated effluent, or other matter
whether originating at a point or nonpoint source, that is or may
be introduced into any sewage treatment works or waters of the Commonwealth
of Massachusetts. Pollutants shall include without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Non-hazardous liquid and solid wastes and yard
wastes;
Refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordnances, accumulations and floatables;
Pesticides, herbicides, and fertilizers;
Hazardous materials and wastes; sewage, fecal
coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Rock, sand, salt, soils;
Construction wastes and residues; and
Noxious or offensive matter of any kind.
All activity in preparation for construction.
The process by which groundwater is replenished by precipitation
through the percolation of runoff and surface water through the soil.
Development, rehabilitation, expansion, demolition, or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land
disturbances are, were, or will be performed.
Any earth, sand, rock, gravel, or similar material.
Storm water runoff, snowmelt runoff, and surface water runoff
and drainage.
A plan required as part of the application for a Storm Water
Management Permit.
A special assessment district set up to generate funding
specifically for storm water management. Users within the district
pay a storm water fee and the revenue generated directly supports
operation, maintenance, and upgrade of existing storm drain systems;
development of drainage plans, flood control measures, and water-quality
programs; administrative costs; and construction of capital improvement
projects.
A body of running water, including brooks, creeks, and other
water courses, which moves in a definite channel in the ground due
to a hydraulic gradient. A portion of a stream may flow through a
culvert, is naturally obscured, or beneath a bridge. A stream's flow
may be intermittent (i.e., does not flow throughout the year), or
perennial.
All waters within the jurisdiction of the Commonwealth of
Massachusetts, including, without limitation, rivers, streams, lakes,
ponds, springs, impoundments, estuaries, wetlands, costal waters,
and groundwater.
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to G.L. c. 131,
§ 40 and 310 CMR 10.00 et seq.
This bylaw is adopted under authority granted
by the Home Rule Amendment of the Massachusetts Constitution, the
Home Rule statutes, and pursuant to G.L. c. 83, §§ 1,
10, and 16, as amended by St. 2004, c. 149, §§ 135-140,
and the regulations of the federal Clean Water Act found at 40 CFR
122.34.
A.
No person may undertake a construction activity, including
clearing, grading, and excavation that results in a land disturbance
that will disturb equal to or greater than one acre of land or will
disturb less than one acre of land but is part of a larger common
plan of development or sale that will ultimately disturb equal to
or greater than one acre of land draining to the Town MS4 without
a Storm Water Management Permit from the Enforcement Officer. After
the initial common plan construction activity is completed for a particular
parcel, any subsequent development or redevelopment of that parcel
would be regarded as a new plan of development. For example, after
a house is built and occupied, any future construction on that lot
(e.g., reconstructing after fire, adding a pool or parking area, etc.),
would stand alone as a new common plan for purposes of calculating
acreage disturbed to determine if a Storm Water Management Permit
is required. Construction activity does not include routine maintenance
that is performed to maintain the original line and grade, hydraulic
capacity, or the original purpose of the site.
B.
Exemptions.
(1)
Construction activities waived from permit coverage
under the NPDES General Permit for Storm Water Discharges from Construction
Activities.
(2)
Normal maintenance and improvement of land in agricultural
use as defined by the Wetlands Protection Act regulation 310 CMR 10.04;
(3)
Maintenance of existing landscaping, gardens or lawn
areas associated with a single family dwelling;
(4)
The construction of fencing that will not substantially
alter existing terrain or drainage patterns;
(5)
Construction of utilities other than drainage (gas,
water, electric, telephone, etc.) which will not alter terrain or
drainage patterns;
(6)
As authorized in the Phase II Small MS4 General Permit for Massachusetts, storm water discharges resulting from the activities identified in § 156-17B that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy as reflected in an Order of Conditions issued by the Conservation Commission are exempt from compliance with Chapter 156, Article II.
(7)
Emergency work to protect life, limb, or property.
B.
Rules and regulations. The Enforcement Officer may adopt, and periodically amend, rules and regulations relating to the procedures and administration of Chapter 156, Article II after public notice and public hearing. Failure by the Enforcement Officer to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of Chapter 156, Article II.
C.
Storm Water Utility. The Select Board may adopt, through
rules and regulations authorized by this Storm Water Management Bylaw,
a Storm Water Utility pursuant to MGL c. 83, § 16 MGL and
c. 40, § 1A. The Select Board shall administer, implement
and enforce this Utility. Failure by the Select Board to promulgate
such a Storm Water Utility through rules and regulations or a legal
declaration of its invalidity by a court shall not act to suspend
or invalidate the effect of this Bylaw.
[Amended 6-4-2018 ATM
by Art. 28, approved 9-21-2018]
Permits and procedures shall be defined and included as part of any rules and regulations promulgated as permitted in § 156-18B.
Fee structure. The Enforcement Officer shall
obtain with each submission an application and review fee fixed by
the Enforcement Officer to cover expenses connected with the application
review of the Storm Water Management Permit. Authority for the Enforcement
Officer is granted pursuant to MGL c. 40, § 22F and adopted
by the Town as part of a general bylaw.[1] The applicant must hire a registered professional engineer
(P.E.) to certify that the plans are in accordance with the Town's
standards. The Enforcement Officer is authorized to retain professional
consultation from applicable Town departments to advise the Enforcement
Officer on any or all aspects of these plans.
A.
B.
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of Chapter 156, Article II does not further the purposes or objectives of Chapter 156, Article II.
C.
All waiver requests shall be reviewed by the Enforcement
Officer and if necessary, discussed with other Town departments.
D.
If in the Enforcement Officer's opinion, additional
time or information is required for review of a waiver request, the
Enforcement Officer may continue a hearing to a date certain announced
at the meeting. In the event the applicant objects to a continuance,
or fails to provide requested information, the waiver request shall
be denied.
B.
Orders.
(1)
The Enforcement Officer or an authorized agent of the Enforcement Officer may issue a written order to enforce the provisions of Chapter 156, Article II or the regulations there under, which may include requirements to:
(b)
Repair, maintain; or replace the storm water
management system or portions thereof in accordance with the operation
and maintenance plan;
(c)
Perform monitoring, analyses, and reporting;
and
(d)
Remediate adverse impact resulting directly
or indirectly from malfunction of the storm water management system.
(2)
If the enforcing person determines that abatement
or remediation of adverse impacts is required, the order shall set
forth a deadline by which such abatement or remediation must be completed
by the violator or property owner. 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 the property owner shall reimburse the Town's
expenses.
(3)
Within thirty (30) days after completion by the Town
of all measures necessary to abate the violation or to perform remediation,
the violator and the property owner shall 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 Enforcement Officer within thirty (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 thirty (30) days following a decision
of the Enforcement Officer affirming or reducing the costs, or from
a final decision of a court of competent jurisdiction, the costs shall
become a special assessment against the property owner and shall constitute
a lien on the owner's property for the amount of said costs. Interest
shall begin to accrue on any unpaid costs at the statutory rate provided
in MGL c. 59, § 57, after the thirty-first day at which
the costs first become due.
D.
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
adopted by the Town as a general bylaw[1] in which case the Enforcement Officer of the Town shall
be the enforcing person. The penalty for the 1st violation shall be
a written warning. The penalty for the 2nd violation shall be $50.
The penalty for the 3rd violation shall be shall be $100. The penalty
for the 4th and subsequent offenses shall be $200. Each day or part
thereof that such violation occurs or continues shall constitute a
separate offense.
E.
Appeals. The decisions or orders of the Enforcement
Officer shall be final. Further relief shall be to a court of competent
jurisdiction.
