This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34.
[Amended 4-25-2023 ATM
by Art. 22]
A. Land disturbance.
(1) The Department of Public Works Director (DPW), Building Inspector
and the police shall be the enforcement agents. When the Planning
Board or its enforcing agent determines that an activity is not being
carried out in accordance with the requirements of this chapter, stormwater
regulations or an SMP, the agent shall issue a written notice of violation
to the owner of the property. Persons receiving a notice of violation
may be required to:
(a)
Halt all construction activities until there is compliance.
A "stop-work order" will be in effect until the Planning Board or
its agent confirms that the activity is in compliance and the violation
has been satisfactorily addressed;
(b)
Maintain, install or perform additional erosion and sedimentation
control measures;
(c)
Monitor, analyze and report to the Planning Board regarding
progress in addressing activities cited in a notice of violation;
(d)
Remediate erosion and sedimentation resulting directly or indirectly
from the activity.
(2) Failure to comply with a notice of violation in the time specified
therein constitutes a violation of this bylaw and may result in penalties
in accordance with the enforcement measures authorized in this chapter.
(3) Upon identification of the illicit source all responsible parties
will be notified. Immediate cessation of improper disposal practices
is required. Where elimination of an illicit discharge within 60 days
of its identification is not possible, DPW shall immediately commence
actions necessary for elimination. DPW will then establish an expeditious
schedule for its elimination and report the dates of identification
and schedules for removal in the annual MS4 reports to EPA. In the
interim, DPW shall take all reasonable and prudent measures to minimize
the discharge of pollutants to and from its MS4.
B. Illicit discharges.
(1) The DPW Director or his designee shall be the enforcement agent for
illicit discharges.
(2) Penalty. Any person who violates any provision of this chapter, regulations,
or SMPs or violation notices issued thereunder, may be punished by
a fine of not more than $250. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense, and each
provision of the chapter, regulations or SMP violated shall constitute
a separate offense.
(3) Noncriminal disposition. As an alternative to the penalty in Subsection
B(2), the enforcing authority may elect to utilize the noncriminal disposition procedure set forth in Chapter
1, Article
II, §
1-4, of the General Bylaws of the Town of Sherborn. Each day or part thereof that such violation occurs or continues shall constitute a separate offense, and each provision of this chapter, regulation or permit violated shall constitute a separate offense. The penalty for noncriminal disposition shall be $200 per violation.
If any provision, paragraph, sentence, or clause of this bylaw
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.