Article
II of this bylaw shall apply to all water entering the MS4 that is generated on any developed or undeveloped lands except as explicitly exempted in this bylaw or where the Stormwater Authority has issued a waiver in accordance with Article
I, §
350-5.
The Stormwater Authority may suspend MS4 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 Stormwater Authority 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 MS4 or waters of the commonwealth, 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 Westwood Fire and Police Departments.
In the event of a release of nonhazardous material, the reporting
person shall notify the authorized enforcement agency no later than
the next business day. The reporting person shall provide to the Stormwater
Authority written confirmation of all electronic 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 Stormwater Authority or its authorized agent shall enforce
this bylaw, the regulations, and any associated 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 Stormwater 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. The Stormwater Authority or its authorized agent may issue
a written order to enforce the provisions of this bylaw or any regulations
thereunder, which may include:
(1) Elimination of illicit connections or discharges to the MS4;
(2) Performance of monitoring, analyses, and reporting;
(3) Requirement that unlawful discharges, practices, or operations shall
cease and desist;
(4) Implementation of measures designed to minimize the discharge of
pollutants until such time as the illicit connection shall be eliminated;
and
(5) Remediation of pollutants in connection therewith.
C. Deadline. If the enforcement authority determines that abatement
or remediation of erosion and sedimentation is required, the order
shall set forth a deadline for the completion of 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 the costs thereof
shall be charged to the violator.
D. Reimbursement of costs. If the Stormwater Authority determines that
abatement or remediation of pollutants 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 the costs 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 Stormwater 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 Stormwater
Authority 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.
E. Criminal and civil penalties. Any person who violates any provision
of this bylaw, the regulations, or the terms or conditions in any
permit or order issued thereunder, shall be subject to a fine not
to exceed $300 for each day such violation occurs or continues, or
in the alternative shall be subject to a civil penalty, which may
be assessed in an action brought on behalf of the Town in any court
of competent jurisdiction.
F. 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, §
1-6, of the Town of Westwood General Bylaws, in which case the agent of the Stormwater Authority shall be the enforcement authority. 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 Stormwater Authority, 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 Stormwater Authority deems reasonably necessary.
H. Appeals. The decisions or orders of the Stormwater Authority shall
be final. Further relief shall be to a court of competent jurisdiction.
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.
Residential property owners shall have 60 days from the effective
date of this bylaw to comply with its provisions, provided that good
cause is shown for the failure to comply with the bylaw during that
period.