(C0268-18)
Article
II of this Chapter shall apply to all discharges of water entering the municipally owned storm drainage system or going, directly or indirectly, into a watercourse, or into the waters of the Commonwealth, that are generated on any developed or undeveloped lands except as explicitly exempted in this Chapter or where the stormwater authority has issued a waiver in accordance with Section
15A-5.
(C0268-18)
The stormwater authority may suspend municipal storm drain system
access to any person or property without prior written notice when
such suspension is necessary to stop an actual or threatened discharge
of pollutants that presents imminent risk of harm to the public health,
safety, welfare or the environment. In the event any person fails
to comply with an emergency suspension order, the stormwater authority
may take all reasonable steps to prevent or minimize harm to the public
health, safety, welfare or the environment.
(C0268-18)
Notwithstanding other requirements of local, state or federal
law, as soon as a person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of or suspects a release of materials at that facility
or operation resulting in or which may result in discharge of pollutants
to the municipal drainage system or waters of the Commonwealth, the
person shall take all necessary steps to ensure containment and cleanup
of the release. In the event of a release of oil or hazardous materials,
the person shall immediately notify the municipal fire and police
departments. In the event of a release of nonhazardous material, the
reporting person shall notify the authorized enforcement agency no
later than the next business day. The reporting person shall provide
to the stormwater authority written confirmation of all telephone,
facsimile or in-person notifications within three (3) business days
thereafter. If the discharge of prohibited materials is from a commercial
or industrial facility, the facility owner or operator of the facility
shall retain on site a written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for
at least three (3) years.
(C0268-18)
The stormwater authority or its authorized agent shall enforce
this Chapter, and any associated regulations, orders, violation notices
and enforcement orders, and may pursue all civil and criminal remedies
for such violations. The city may enforce this Chapter or enjoin violations
thereof through any lawful process, and the election of one remedy
by the city shall not preclude enforcement through any other lawful
means.
(a) Civil
relief.
If a person violates the provisions of this Chapter
or any associated regulations, permit, notice or order issued thereunder,
the stormwater authority 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.
(1) The stormwater authority or its authorized agent may issue a written
order to enforce the provisions of this Chapter or any regulations
thereunder, which may include:
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.
(2) Said orders shall specify a deadline by which the required action
shall be completed and the stormwater authority or its designee may
further advise that, should the violator or property owner fail to
perform the required action or remediation within the specified deadline,
the city may, at its option, undertake such work, at the owner’s
and/or violator’s sole cost and expense, that it deems necessary
to protect public health, safety and welfare.
(3) Within thirty (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 city, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the stormwater authority within thirty (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 thirty (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, the costs shall become a special assessment against the property 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 M.G.L. Chapter 59, Section
57 after the 31st day at which the costs first become due.
(c) Criminal
penalty.
Any person who violates any provision of this
Chapter, regulation, order 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 three hundred dollars ($300.00). 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) Noncriminal
disposition.
Any person who violates any provision of this Chapter, regulation, order or permit issued thereunder may be penalized by non-criminal disposition as set forth in M.G.L. Chapter 40, Section
21D and in Section
1-8. 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.
(e) Entry
to perform duties under this chapter.
To the extent permitted
by law, or if authorized by the owner or other party in control of
the property, the stormwater authority, its agents, officers, and
employees may enter upon privately owned property for the purpose
of performing their duties under this Chapter and regulations and
may make or cause to be made such examinations, surveys or sampling
as the stormwater authority deems reasonably necessary.
(f) Appeals.
The decisions or orders of the stormwater authority shall be
final. Further relief shall be to a court of competent jurisdiction.
(C0268-18)
Residential property owners with illicit discharges, connections and/or obstructions to the MS4 shall have a period of thirty (30) days from the effective date of this Chapter to remove such discharges, connections and/or obstructions, unless immediate removal is required for the protection of public health, safety, welfare or the environment. The stormwater authority may extend the time for compliance by regulation or by waiver in accordance with Section
15A-5.