[HISTORY: Adopted by the Town Meeting of the Town of Lynnfield 4-27-2010 ATM by Art.
14 (Ch. 4A of the Bylaws). Amendments noted where applicable.]
A.
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.
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 and welfare and the environment.
C.
The objectives of Article I are:
(1)
To prevent pollutants from entering the Town's municipal storm drainage
system (sometimes hereinafter referred to as the "MS4," an abbreviation
for "municipal separate storm sewer system");
(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 stormwater discharges; and
As used in this article, the following terms shall have the
meanings indicated:
The Department of Public Works, its employees, officers, or agents are designated to enforce Article I, Non-Stormwater Discharges.
Refers to Chapter 213, Stormwater Management, of the Town of Lynnfield Charter and Bylaws.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), as hereafter amended.
The Commonwealth of Massachusetts.
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, the Commonwealth, or the Town of Lynnfield.
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 stormwater, except as exempted in § 213-8. The term does not include a discharge in compliance with a NPDES stormwater discharge permit or a surface water discharge permit, or resulting from fire-fighting activities exempted pursuant to § 213-8.
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.
Municipal storm drainage system or municipal separate storm
sewer system.
The system of conveyances designed or used for collecting
or conveying stormwater, 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 (EPA) or jointly with the commonwealth that authorizes the
discharge of pollutants to waters of the United States.
Discharge to the municipal storm drainage system not composed
entirely of stormwater.
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, the federal government, or the Town of Lynnfield
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 waters of the commonwealth, or the Town of
Lynnfield. Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, 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.
Stormwater 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.
Any material which, because of its quantity, its concentration,
or its 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 or 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
MGL c. 21C and c. 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, by-product
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, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, and groundwater.
All waters within the jurisdiction of the Town of Lynnfield,
including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, and groundwater.
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL c. 131,
§ 40, and 310 CMR 10.00 et seq.
This Article I shall apply to flows entering the municipal storm drainage system.
This 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 MGL c. 83, §§ 1, 10, and 16, and the regulations of the federal Clean Water Act found at 40 CFR 122.34
The authorized enforcement authority shall administer, implement and enforce this Article I, and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the authorized enforcement authority may be delegated in writing by the authorized enforcement authority to employees or agents of the authorized enforcement authority.
A.
Illicit discharges. No person shall dump, discharge, or cause or
allow to be discharged any pollutant or non-stormwater discharge into
the municipal storm drainage system (MS4), into a watercourse, or
into the waters of the commonwealth or the Town of Lynnfield.
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 stormwater into or out of the
municipal storm drainage system without prior written approval from
the authorized enforcement authority.
A.
Any discharge or flow resulting from fire-fighting activities is
exempt from the prohibitions set forth herein.
B.
The following non-stormwater discharges or flows are exempt from
the prohibitions set forth herein, provided that the source is not
a significant contributor of a pollutant to the municipal storm drainage
system:
(1)
Water line 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 authority prior to the time of the test;
(14)
Non-stormwater 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 authority as necessary to protect the public
health, safety or welfare or the environment.
The authorized enforcement authority 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 or welfare or the environment. In the event
any person fails to comply with an emergency suspension order, the
authorized enforcement authority may take all reasonable steps to
prevent or minimize harm to the public health, safety or 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, waters of the commonwealth or the
waters of the Town of Lynnfield, 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 nonhazardous material,
the reporting person shall notify the authorized enforcement authority
no later than the next business day. The reporting person shall provide
to the authorized enforcement authority 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
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 his or her appointed designee shall enforce this Article I and all regulations, orders, violation notices, and enforcement orders issued thereunder and may pursue all civil and criminal remedies for such violations.
A.
Civil relief. If a person violates the provisions of this Article I, or any regulation, permit, notice, or order issued thereunder, the authorized enforcement authority 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)
The authorized enforcement authority may issue a written order to enforce the provisions of this Article I or the regulations thereunder, which may include:
(2)
If the authorized enforcement authority 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 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 authority 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 authorized enforcement authority
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 31st 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 Chapter 58, § 58-3, of the General Bylaws, in which case the authorized enforcement authority of the Town shall be the enforcing person. The penalty for the first violation shall be a written warning. The penalty for the second violation shall be $50. The penalty for the third violation shall be $100. The penalty for the fourth and subsequent offenses shall be $200. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
[Amended 6-12-2021 ATM by Art. 20]
E.
Entry to perform duties under this 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 authority and its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations thereunder and may make or cause to be made such examinations, surveys or samplings as the authorized enforcement authority deems reasonably necessary.
F.
Appeals. The decisions or orders of the authorized enforcement authority
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 storm drainage system (MS4)
is necessary for the protection of the Town's water bodies and groundwater,
and to safeguard the public health, safety and welfare and the environment.
Increased and contaminated stormwater 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, this Article II establishes stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off site and downstream which would be borne by abutters, townspeople, and the general public. In addition, this Article II establishes stormwater management standards for land disturbances that have harmful impacts, including soil erosion and sedimentation.
C.
The objectives of this Article II are:
(1)
To require practices to control the flow of stormwater from new and
redeveloped sites 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 storm drainage
system (MS4) and to minimize discharge of pollutants from the MS4;
(5)
To ensure adequate long-term operation and maintenance of stormwater-related
structures so that they work as designed;
(6)
To require practices that eliminate soil erosion and sedimentation
and control the volume and rate of stormwater runoff resulting from
land disturbances;
(7)
To ensure that soil erosion and sediment control measures and stormwater
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 stormwater discharges; and
(10)
To establish the Town's legal authority to ensure compliance
with the provisions of this article.
As used in this article, the following terms shall have the
meanings indicated:
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 in the area.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision
of the commonwealth or the federal government to the extent permitted
by law requesting a stormwater 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 stormwater requirements.
The Town's authorized agent to enforce construction and post-construction runoff controls as specified in this Article II and the stormwater management rules and regulations. The Conservation Commission is designated as the authorized enforcement authority.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of stormwater
runoff.
Refers to Chapter 213, Stormwater Management, of the Town of Lynnfield Charter and Bylaws.
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 Commonwealth of Massachusetts.
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, the commonwealth, or the Town of Lynnfield.
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 stormwater 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 rooftops.
Any action that causes a change in the position, location,
or arrangement of soil, sand, rock, gravel, or similar earth material.
The Stormwater Standards as further defined by the Massachusetts
Stormwater Handbook both issued by the Department of Environmental
Protection, and as amended, that coordinate the requirements prescribed
by state regulations promulgated under the authority of the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, and Massachusetts
Clean Waters Act, MGL c. 21, §§ 23 through 56. The
Standards address stormwater impacts through implementation of performance
standards to reduce or prevent pollutants from reaching water bodies
and control the quantity of runoff from a site.
[Amended 6-12-2021 ATM by Art. 20]
Municipal storm drainage system or municipal separate storm
sewer system.
The system of conveyances designed or used for collecting
or conveying stormwater, 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.
Any construction activities or land alteration resulting
in total earth disturbances equal to or greater than one acre (or
activities that are part of a larger common plan of development disturbing
greater than one acre) on an area that has not previously been developed
to include impervious cover.
[Added 6-12-2021 ATM by Art. 20]
A plan setting up the functional, financial, and organizational
mechanisms for the ongoing operation and maintenance of a stormwater
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, the federal government, or the Town of Lynnfield,
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 non-point source, that is or may
be introduced into any sewage treatment works or waters of the commonwealth
or the Town of Lynnfield. Pollutants shall include, without limitation:
Paints, varnishes, and solvents;
Oil and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, 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.
Any construction, land alteration, or improvement of impervious
surfaces resulting in total earth disturbances equal to or greater
than one acre (or activities that are part of a larger common plan
of development disturbing greater than one acre) that does not meet
the definition of new development.
[Amended 6-12-2021 ATM by Art. 20]
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.
Stormwater runoff, snowmelt runoff, and surface water runoff
and drainage.
A plan required as part of the application for a stormwater
management permit.
A body of running water, including brooks, creeks, and other
watercourses, which moves in a definite channel in the ground due
to a hydraulic gradient. A portion of a stream may flow through a
culvert, be naturally obscured, or run 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, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal waters, and groundwater.
[Amended 6-12-2021 ATM by Art. 20]
All waters within the jurisdiction of the Town of Lynnfield,
including, without limitation, rivers, streams, lakes, ponds, springs,
impoundments, estuaries, wetlands, coastal waters, and groundwater.
[Amended 6-12-2021 ATM by Art. 20]
Coastal and freshwater wetlands, including wet meadows, marshes,
swamps, and bogs, as defined and determined pursuant to MGL 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 MGL c. 83, §§ 1, 10, and 16, 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 an acre of land or more 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 an acre of land or more draining to the
Town's MS4 without a stormwater management permit from the authorized
enforcement authority. 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 stormwater management permit is required. Construction activity
does not include routine maintenance that is performed to maintain
the original line and grade, hydraulic capacity, or purpose of the
site.
B.
Exemptions. The following are exempt from the provisions of this Article II:
(1)
Construction activities waived from permit coverage under the NPDES
General Permit for Stormwater Discharges from Construction Activities;
(2)
Normal maintenance and improvement of land in agricultural use as
defined by the Wetlands Protection Act regulations, 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 (e.g., gas, water,
electric, telephone, etc.) which will not alter terrain or drainage
patterns;
(6)
Stormwater discharges resulting from the activities identified in this Article II that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Handbook and comply with these rules and regulations as reflected in an order of conditions issued by the Conservation Commission; and
[Amended 6-12-2021 ATM by Art. 20]
A.
The authorized enforcement authority shall administer, implement, and enforce this Article II. Any powers granted to or duties imposed upon the authorized enforcement authority may be delegated in writing by the authorized enforcement authority to its employees and agents.
B.
Rules and regulations. The authorized enforcement authority may adopt, and periodically amend, rules and regulations relating to the procedures and administration of this Article II after public notice and public hearing. Failure by the authorized enforcement authority 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 this Article II.
Permits and procedures shall be defined and included as part of any rules and regulations promulgated as permitted in this Article II.
A.
Application and review fee.
(1)
The authorized enforcement authority shall collect with each submission
an application and review fee to cover expenses connected with the
review of the application for stormwater management permit. The fee
shall be as set from time to time by the authorized enforcement authority.
(2)
The applicant must hire a registered professional engineer (P.E.)
to certify that the plans are in accordance with the Town's standards.
The authorized enforcement authority is authorized to retain professional
outside consultants to review the plans and to advise the authorized
enforcement authority concerning them, and to apply funds paid by
the applicant for the application and review fee to defray the cost
of hiring such consultants. All unused funds remaining from this fee
after approval or denial of the application shall be returned to the
applicant.
B.
Inspection fee.
(1)
The authorized enforcement authority shall collect an inspection
review fee to cover expenses connected with the inspection of the
applicant's compliance with the Stormwater management permit. The
fee shall be in an amount as set from time to time by the authorized
enforcement authority.
(2)
The purpose of this fee is to cover all professional inspection costs
from the time of the beginning of construction until the certificate
of completion has been issued. The authorized enforcement authority
is authorized to retain professional outside consultants to inspect
the work and to advise the authorized enforcement authority concerning
the same, and to apply funds paid by the applicant for the inspection
fee to defray the cost of hiring such consultants.
(3)
The inspection fee shall be paid by the applicant prior to any construction
activity. All unused funds remaining from this fee after completion
of the project shall be returned to the applicant.
C.
Provisions applicable to fees. The following provisions shall apply
to funds collected by the authorized enforcement authority as application
and review fees and inspection fees:
(1)
If the applicant contests the authorized enforcement authority's
selection of an outside consultant on the ground that such consultant
has a conflict of interest and/or lacks the minimum required qualifications
(consisting of either an educational degree in, or related to, the
field at issue, or three or more years of practice in the field at
issue or a related field), then the applicant may, within five days
after notice by the authorized enforcement authority to the applicant
of its selection of such consultant, file a written appeal with the
Board of Selectmen, which shall schedule and conduct a hearing on
such appeal with reasonable promptness. If the Selectmen vote to overturn
the authorized enforcement authority's selection, then the authorized
enforcement authority shall select an alternative consultant and give
notice thereof to the applicant, who shall have a right to contest
such selection on the same grounds and by means of the same procedure
set forth above. Any time limits for action by the authorized enforcement
authority hereunder or under any other applicable law shall be extended
by the duration of said administrative appeal (i.e., from the time
the applicant files a written appeal with the Board of Selectmen to
the time when the Selectmen vote thereon).
(2)
All such fees shall be maintained in an interest-bearing account
established by the Town Treasurer and shall be kept separate and apart
from other monies. The funds in such account shall be expended at
the direction of the authorized enforcement authority without further
appropriation, provided that such funds are to be expended by it only
in connection with carrying out its responsibilities hereunder.
(3)
Any excess amount in the account attributable to an applicant's application
and review fees or inspection fees, including accrued interest, shall
be repaid to the applicant or the applicant's successor in interest,
as the case may be, after approval or denial of the application (with
respect to the application and review fees) or issuance of a certificate
of completion (with respect to the inspection fees).
(4)
A final report of said account shall be made available to the applicant
or the applicant's successor in interest, as the case may be, after
project completion. The Town Accountant shall annually submit a report
of the special account created hereunder to the Board of Selectmen
and Town Administrator for their review, and such report shall be
published in the Town's Annual Report. The Town Accountant shall also
annually submit a copy of such report to the Director of the Commonwealth's
Bureau of Accounts.
A.
The authorized enforcement authority may waive strict compliance with any requirement of this Article II or the rules and regulations promulgated hereunder, where:
C.
All waiver requests shall be reviewed by the authorized enforcement
authority and, if necessary, discussed with other Town departments.
D.
If, in the authorized enforcement authority's opinion, additional
time or information is required for review of a waiver request, the
authorized enforcement authority 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.
A.
The authorized enforcement authority or an authorized agent of the authorized enforcement authority shall enforce this Article II, and all regulations, orders, violation notices, and enforcement orders issued thereunder, and may pursue all civil and criminal remedies for such violation.
B.
Orders.
(1)
The authorized enforcement authority or an authorized agent of the authorized enforcement authority may issue a written order to enforce the provisions of this Article II or the regulations thereunder, which may include requirements to:
(a)
Cease and desist from construction or land disturbance until there is compliance with this Article II, and an approved stormwater management permit, including the stormwater management plan and the erosion and sediment control plan;
(b)
Repair, maintain, or replace the stormwater management system
or portions thereof in accordance with the operation and maintenance
plan;
(c)
Perform monitoring, analyses, and reporting; and
(d)
Remediate adverse impacts resulting directly or indirectly from
malfunction of the stormwater 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 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 authorized enforcement authority 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 authorized enforcement
authority 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 31st day at which the costs
first become due.
C.
Criminal penalty. Any person who violates any provision of this Article II, or any regulation, order or permit issued thereunder, shall be punished as set forth in Chapter 58, Penalties and Enforcement. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
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 Chapter 58, § 58-3, of the General Bylaws, in which case the authorized enforcement authority of the Town shall be the enforcing person. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
E.
Appeals. The decisions or orders of the authorized enforcement authority
shall be final. Further relief shall be to a court of competent jurisdiction.
If any provision, paragraph, sentence, or clause of this Article II shall be held invalid for any reason, all other provisions shall continue in full force and effect.
