[Added 6-24-1997 by Doc. 115]
[Amended 2-28-2017 by Doc. 35]
[Amended 2-28-2017 by Doc. 35]
The Superintendent shall enforce this chapter and resulting
regulations, orders, violation notices, and enforcement orders and
may pursue all civil and criminal remedies for such violations.
[Amended 2-28-2017 by Doc. 35]
If a person violates the provisions of this chapter, its resulting
regulations, or any permit, notice, or order issued thereunder, the
Superintendent 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. Pursuant to MGL c. 83, § 10,
the Superintendent may also levy a civil penalty of not more than
$5,000 per violation. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
In instances where any discharge presents imminent
endangerment to the health or welfare of persons, the Superintendent/Engineer
may immediately terminate service.
[Added 2-28-2017 by Doc.
35]
An actual or threatened discharge to the MS4 that violates or
would violate this chapter is hereby declared to be a nuisance. A
line conveying sewage or designed to convey sewage that is connected
to the MS4 is hereby declared to be a nuisance.
[Added 2-28-2017 by Doc.
35]
Whenever the Superintendent finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
Superintendent may order compliance by written notice of violation
to the responsible person. If the Superintendent determines that abatement
or remediation of contamination or of adverse impacts is required,
the notice shall set forth a deadline by which such abatement or remediation
must be completed. Said notice shall further advise that, should the
property owner fail to abate or perform remediation within the specified
deadline, the City may, at its option, undertake such work, and expenses
thereof shall be charged to the property owner.
[Added 2-28-2017 by Doc.
35]
Within 30 days after completion by the City of all measures
necessary to abate the violation or to perform remediation, the property
owner will be notified of the costs incurred by the City, including
administrative costs. The property owner may file a written protest
objecting to the amount or basis of costs with the Superintendent
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 Superintendent 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 MGL c. 59, § 57, after the 31st day at which the costs
first become due.
[Added 2-28-2017 by Doc.
35]
Any person who violates any provision of this chapter, its resulting
regulations, or any permit, notice, or order issued thereunder, shall
be punished by a fine of not more than $5,000. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
[Added 2-28-2017 by Doc.
35]
As an alternative to criminal prosecution, the City may elect
to utilize the noncriminal disposition procedure set forth in MGL
c. 40, § 21D, and adopted by the City as a general ordinance
in which case the Superintendent shall be the enforcing person. The
penalty for the first violation shall be a written warning. The penalty
for the second violation shall be $100. The penalty for the third
violation shall be $200. The penalty for the fourth and subsequent
offenses shall be $300. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
[Added 2-28-2017 by Doc.
35]
The decisions or orders of the Superintendent shall be final.
Further relief shall be to a court of competent jurisdiction.
[Added 2-28-2017 by Doc.
35]
The remedies listed in this chapter are not exclusive of any
other remedies available under any applicable federal, state or local
law.
