The Director shall enforce this chapter and resulting regulations,
orders, violation notices, and enforcement orders and may pursue all
civil and criminal remedies for such violations.
To the extent permitted by state law, or if authorized by the
responsible party, the Director, its agents, officers, and employees
may enter upon privately owned property for the purpose of performing
their duties under this chapter and its regulations and may make or
cause to be made such examinations, surveys or sampling as the Director
deems reasonably necessary.
Whenever the Director finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Director may
order compliance by written notice of violation to the responsible
party. Such notice may require, without limitation:
A.
Performance of monitoring, analyses, and reporting;
B.
Cessation of unlawful discharges, practices, or operations;
C.
Remediation of adverse impacts, including contamination resulting
directly or indirectly from malfunction of the stormwater management
system; and
D.
Repair, maintenance or replacement of the stormwater management system
or portions thereof in accordance with the operation and maintenance
plan.
A.
If the Director determines that abatement or remediation of contamination
or of adverse impacts is required, the notice shall set forth a deadline
30 days from the date of such notice by which such abatement or remediation
must be completed. Said notice shall further advise that, should the
responsible party fail to abate or perform remediation within the
specified deadline, the City may, at its option, undertake such work,
and expenses thereof shall be charged to the responsible party.
B.
Within 30 days after completion by the City of all measures necessary
to abate the violation or to perform remediation, the responsible
party will be notified of the costs incurred by the City, including
administrative costs. The responsible party may file a written protest
objecting to the amount or basis of costs with the Director 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 Director
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 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.
A.
If a person violates the provisions of this chapter, its resulting
regulations, or any permit, notice, or order issued thereunder, the
Director 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.
A.
As an alternative to criminal prosecution or civil action, the City
may elect to utilize the noncriminal disposition procedure set forth
in MGL c. 40, § 21D, and adopted by the City as a general
ordinance, in which case the Director 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 $150. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
B.
The City shall require the repayment of services provided to the
responsible party, which the responsible party was obligated to perform
as put forth in the operation and maintenance plan. Such services
may include but are not limited to the following: removing sediment
from stormwater devices; repairing stormwater devices; or revegetating
stormwater devices. The City will send the responsible party a bill
for services provided. If the bill is not paid, the City may impose
a tax lien on the responsible party or parties' property.
The decisions or orders of the Director shall be final. Further
relief shall be to a court of competent jurisdiction.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law.
