Increased and contaminated stormwater runoff
is a major cause of impairment of water quality and flow in lakes,
ponds, streams, rivers, wetlands and groundwater; contamination of
drinking water supplies; alteration or destruction of aquatic and
wildlife habitat; and flooding. Regulation is necessary and mandated
by the U.S. Environmental Protection Agency, pursuant to the Clean
Waters Act, for the protection of Yarmouth's water bodies and
groundwater, and to safeguard the public health, safety, welfare,
and the environment.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule Procedures
Act, and pursuant to the regulations of the federal Clean Water
Act found at 40 CFR 122.34.
The Yarmouth Conservation Commission (Commission) shall administer,
implement and enforce this bylaw. Any powers granted to, or duties
imposed upon, the Commission may be delegated in writing by the Commission
to any Town employees, board, commission, committee or agent, hereby
known as the "authorized agent." The Department of Municipal Inspections
shall serve as an authorized agent for enforcement.
The Commission shall adopt and, from time to time, amend stormwater
management regulations, which shall outline minimum construction and
post-construction site runoff control measures, regulate illicit connections
and discharges, and other matters consistent with the intent and purpose
of this bylaw. Such regulations shall be adopted and amended by the
Yarmouth Conservation Commission pursuant to MGL c. 40, § 8C,
at public hearings pursuant to MGL c. 30A, §§ 18 through
25 (the Open Meeting Law).
Permit procedures and requirements shall be defined and enumerated in the rules and regulations promulgated pursuant to §
145-4 of this bylaw.
The Commission and/or Department of Municipal Inspections shall
enforce this bylaw, and any associated regulations, orders, violation
notices, and enforcement orders and may pursue all civil and criminal
remedies for such violations.
A. Civil relief. If a person violates the provisions of this bylaw,
or any associated regulations, permit, notice, or order issued thereunder,
the Commission and/or Department of Municipal Inspections 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. If the Commission and/or Department of Municipal Inspections
determines that a person's failure to follow the requirements
of this bylaw, or any associated regulations, permit, notice, or order
issued thereunder, is creating an adverse impact to a water resource
or the MS4 system, then the Commission and/or Department of Municipal
Inspections may issue a written order to the person to remediate the
adverse impact, which may include, but is not limited to:
(1) A requirement to cease and desist from the land-disturbing activity
until there is compliance with the bylaw, regulations and/or provisions
of the stormwater management permit or order;
(2) Maintenance, installation or performance of additional erosion and
sediment control measures;
(3) Monitoring, analyses, and reporting;
(4) Remediation of erosion and sedimentation resulting directly or indirectly
from the land-disturbing activity; and
(5) A requirement to eliminate discharges, directly or indirectly, into
the MS4, a watercourse or into any waters as defined in the regulations.
C. If the Commission and/or Department of Municipal Inspections determines
that abatement or remediation of pollutant is required, the order
shall set forth a deadline for completion of the abatement or remediation.
Said order shall further advise that, should the violator or property
owner fail to abate or perform remediation within the specified deadline,
the Town may, at its option, undertake such work, and expenses thereof
shall be charged to the violator or property owner. 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. The violator or property owner may file a written objection
to the amount or basis of costs with the Commission and/or Department
of Municipal Inspections 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 an objection or within 30 days following
a decision of the Commission and/or Department of Municipal Inspections
affirming or reducing the costs, or from a final decision of a court
of competent jurisdiction, the cost shall become a lien against the
property. Interest shall begin to accrue on any unpaid costs at the
statutory rate provided in MGL c. 59, § 57 after the 30th
day at which the costs first become due.
D. Criminal and civil penalties. Any person who violates any provision
of this bylaw, regulation, or the terms or conditions in any permit
or order prescribed or issued thereunder, shall be subject to a fine
for each day such violation occurs or continues. The fine may be assessed
in an action brought on behalf of the Town in any court of competent
jurisdiction.
E. Noncriminal disposition. As an alternative to criminal prosecution
or civil action, the Town may elect to utilize the noncriminal disposition
procedure set forth in MGL c. 40, § 21D, in which case the
Commission and/or Department of Municipal Inspections shall be the
enforcing person.
F. Penalties. The penalty for the first violation shall be a warning.
The penalty for the second violation shall be $100. The penalty for
the third and subsequent violations shall be $300. Each day or part
thereof that such violation occurs or continues shall constitute a
separate offense.
G. Entry to perform duties under this bylaw. To the extent permitted
by state law, or if authorized by the owner or other party in control
of the property, the Commission and/or Department of Municipal Inspections,
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 Commission and/or Department of Municipal
Inspections deems reasonably necessary.
H. Appeals. Any person aggrieved by the decision pursuant to this bylaw
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the Commonwealth of Massachusetts.
I. Remedies not exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law.