An applicant seeking an approval and/or permit shall file an
appropriate application with the Planning Board in a form and containing
information as specified in this bylaw and in regulations adopted
by the Planning Board. Approval or permit must be obtained prior to
the commencement of land-disturbing or redevelopment activity based
on thresholds described in the Stormwater Regulations.
Filing an application for an approval or permit grants the Planning
Board and its employees or agent's permission to enter the site
to verify the information in the application and to inspect for compliance
with approval or permit conditions.
The Planning Board or its designated agent shall make inspections
as outlined in the Regulations to verify and document compliance the
stormwater management permit.
This bylaw shall be implemented in accordance with the requirements
of EPA's most recent General Permit for MS4s in Massachusetts
relating to illicit connections and discharges, construction site
runoff, and post-construction stormwater management. The Planning
Board shall include these requirements in any regulations that it
issues. The Planning Board may establish additional requirements by
regulation to further the purposes and objectives of this bylaw, so
long as they are not less stringent than those in the MS4 General
Permit for Massachusetts.
The Planning Board 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 Planning Board and be
in an amount deemed sufficient by the Planning Board to ensure that
the work will be completed in accordance with the permit. If the project
is phased, the Planning Board 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 Planning Board or its authorized agent shall enforce this
bylaw, and any associated regulations, 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 Planning Board 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 Planning Board 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, then the Authority may issue a written order to
the person 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 stormwater
management permit.
(2) Maintenance, installation or performance of additional erosion and
sediment control measures.
(3) Monitoring, analyses, and reporting.
(4) Remediation of erosion and sedimentation resulting directly or indirectly
from the land-disturbing activity.
(5) A requirement to eliminate discharges, directly or indirectly, into
a watercourse or into the waters of the commonwealth.
C. If the Planning Board determines that abatement or remediation of
pollutant 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 expenses 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 Planning Board 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 Planning Board 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.
D. Criminal and civil penalties. Any person who violates any provision
of this bylaw, valid regulation, or the terms or conditions in any
permit or order prescribed or issued thereunder shall be subject to
a fine not to exceed $300 for each day such violation occurs or continues
or subject to a civil penalty, which may be assessed in an action
brought on behalf of the Town in any court of competent jurisdiction.
E. 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, §
1-4, of the Town of Rockland General Bylaws, in which case the agent of the Planning Board shall be the enforcing person. 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.
F. 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 Planning Board, 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 Planning
Board deems reasonably necessary.
G. Appeals. The decisions or orders of the Planning Board shall be final.
Further relief shall be to a court of competent jurisdiction.
H. 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.