Town of Hull, MA Enforcement

The Stormwater Authority or its authorized agent shall enforce this bylaw, and any associated regulations, orders, violation notices, and enforcement orders and may pursue all civil, administrative and criminal remedies for such violations. The Town may enforce this Bylaw or enjoin violations thereof through any lawful process, and the election of one remedy by the Town shall not preclude enforcement through any other lawful means.

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 and or other appropriate 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, as well as any other relief appropriate.

Orders.

(1)

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 but are not limited to:

(a)

Elimination of illicit connections or discharges to the MS4;

(b)

Performance of monitoring, analyses, and reporting;

(c)

That unlawful discharges, practices, or operations shall cease and desist;

(d)

That measures shall be taken to minimize the discharge of pollutants until such time as the illicit connection shall be eliminated; and

(e)

Remediation of contamination in connection therewith.

(f)

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;

(g)

Maintenance, installation or performance of additional erosion and sediment control measures;

(h)

Monitoring, analyses, and reporting;

(i)

Remediation of erosion and sedimentation resulting directly or indirectly from the land-disturbing activity.

(2)

If the enforcing agent determines that abatement or remediation of contaminations is required and is the responsibility of the property owner and/or person causing the need for such an order, 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 of Hull may, at its option, undertake such work, at the owner and/or violator's sole cost and expense, that it deems necessary to protect public health, safety and welfare. Such expenses will include staff, administrative, legal and contracted work, shall be charged to the property owner and violator and shall become a special assessment and lien on the property and a debt due the Town. 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.

(3)

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. 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. In addition to said costs remaining a special assessment or lien against the property owner and/or a debt due the Town, the Town may collect said costs by any legal means. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in MGL c. 59, § 57 or other applicable law after the 31st day at which the costs first become due.

Criminal penalty. Any person who violates any provision of this bylaw, regulation, order, approval or permit issued thereunder may be penalized by indictment or on complaint brought in a court of competent jurisdiction. Except as may be otherwise provided by law and as the court may see fit to impose, the maximum penalty for each violation or offense shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.

Non-criminal disposition. Any person who violates any provision of this bylaw, regulation, order or permit issued thereunder may be penalized by non-criminal disposition as set forth in MGL c. 40, § 21D and in the revised Bylaws of the Town of Hull Chapter 1 Article I. Each day or part thereof that such violation occurs or continues shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. The Enforcing Agent shall be the Stormwater Authority or its designee. The amount of the penalty shall be as set forth in the Town's Non-Criminal Disposition Bylaw, or if no penalty is set forth there, the first violation shall be subject to a penalty of $100; a second violation shall be subject to a penalty of $200; and a third and subsequent violation shall be subject to a penalty of $300.

Entry to perform duties under this bylaw. To the extent permitted by law, or if authorized by the owner or other party in control of the property or pursuant to court rule or order, 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.