This bylaw is intended to provide protection for the water resources by insuring proper erosion and sedimentation control during construction and maintenance of stormwater management systems after construction.
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 Planning Board Regulations shall be in violation of the Bellingham Code of Bylaws.
A. 
The Town shall enforce this bylaw, issue violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations.
B. 
Orders. If the Town 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 is creating an adverse impact to a water resource, the Town may issue a written order to the person to remediate the adverse impact.
(1) 
The order shall set forth a deadline by which such remediation must be completed.
(2) 
If remediation of an adverse impact is not completed by specified deadline, the Town may:
(a) 
Proceed with criminal penalties as noted below; and
(b) 
Undertake such work, and the property owner on which the stormwater system is located shall reimburse the Town expenses. If the Town undertakes such work, then within 30 days after completing all necessary abatement or remediation measures the property owner shall be notified of the costs incurred by the Town, including administrative costs. The property owner shall pay the amount due. If the amount due is not received within 30 days following the notification of costs incurred, 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 M.G.L. ch. 59, § 57, after the 31st day at which the costs first become due.
C. 
Criminal penalty. Any person who violates any provision of this bylaw may be subject to arrest and be punished by a fine as noted in Chapter 1, General Provisions, Article III, § 1-7, General penalty for violation of bylaws.
D. 
Appeals. The decisions or orders of the Board shall be final. Further relief shall be to a court of competent jurisdiction.
E. 
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.
If any provision, paragraph, sentence, or clause of this bylaw shall be held invalid for any reason, all other provisions shall continue in full force and effect.