An applicant seeking an approval and/or permit shall file an
appropriate application with the Stormwater Authority in a form and
containing information as specified in this bylaw and in regulations
adopted by the Stormwater Authority. An approval or permit must be
obtained prior to the commencement of land disturbing or redevelopment
activity based on thresholds described in the Town of Westwood Stormwater
Management Regulations (regulations). Permit procedures and requirements
are outlined in the regulations. Where appropriate, said regulations
will require an erosion and sedimentation control plan and/or an operation
and maintenance plan. Any person that fails to follow the requirements
of a land disturbance permit and/or the requirements of an erosion
and sedimentation control plan, or operation and maintenance plan
issued under the regulations shall be in violation of the Town of
Westwood Bylaws.
Filing an application for an approval or permit grants the Stormwater
Authority and its employees or agents permission to enter the site
to verify the information in the application and to inspect for compliance
with approval or permit conditions.
The Stormwater Authority or its designated agent shall make
inspections as outlined in the regulations to verify and document
compliance with the land disturbance permit.
The Stormwater Authority may require the applicant to post before
the start of land disturbance or construction activity a surety bond,
irrevocable letter of credit, cash, or other acceptable security.
The form of the bond shall be approved by the Stormwater Authority
and be in an amount deemed sufficient by the Stormwater Authority
to ensure that the work will be completed in accordance with the permit.
If the project is phased, the Stormwater Authority may release part
of the bond as each phase is completed in compliance with the permit.
Upon completion of the work, the applicant shall submit a report,
including certified as-built construction plans, from a professional
engineer (P.E.), surveyor, or certified professional in erosion and
sedimentation control (CPESC), certifying that all erosion and sedimentation
control devices, and approved changes and modifications, have been
completed in accordance with the conditions of the approved erosion
and sediment control plan and stormwater management plan. Any discrepancies
shall be noted in the cover letter.
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. If the Stormwater Authority determines that a person has
failed to follow the requirements of a land disturbance permit, and/or
the requirements of a related erosion and sedimentation control plan
or operation and maintenance plan, or is creating an adverse impact
to a water resource area, or if the Stormwater Authority determines
that an activity not otherwise required to obtain a land disturbance
permit is causing an adverse impact to a water resource area, then
the Authority may issue a written order to the person to enforce the
provisions of this bylaw or any regulations thereunder, and to remediate
the adverse impact, which may include:
(1) A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw and provisions of the land
disturbance permit;
(2) Maintenance, installation or performance of additional erosion and
sediment control measures;
(3) Monitoring, analyses, and reporting; and
(4) Remediation of erosion and sedimentation resulting directly or indirectly
from the land disturbing activity.
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.