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.
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 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.
B. 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.
C. 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.
D. 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.
E. 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.
The decisions or orders of the Stormwater Authority or their
designee shall be final. Further relief shall be to a court of competent
jurisdiction. Such relief can only be sought within 21 days, or such
greater time as may be permitted under applicable law, after the date
of issuance of the decision or order by 1) the applicant, 2) the owner
if not the applicant, 3) any person aggrieved by the decision or order,
4) any owner of land abutting the land on which the work is to be
done, 5) any 10 residents of the city or town where the land is located.
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law.
The provisions of this chapter are declared to be severable.
If any provision, paragraph, sentence, or clause, of this chapter
or the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.