The Stormwater Authority or its authorized agent shall be the
Enforcement Authority under this ordinance and shall enforce this
ordinance, the regulations, and any associated orders, violation notices,
and enforcement orders, and may pursue all civil and criminal remedies
for such violations.
A.
Civil injunctive relief. If a person violates the provisions of this
ordinance, or any associated regulations, approval, permit, notice,
or order issued thereunder, the Enforcement Authority may, in its
discretion, choose to 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. The Enforcement Authority may also,
simultaneously, pursue any other actions authorized by this ordinance.
B.
Orders. If the Enforcement Authority or its authorized agent determines
that a person has failed to follow the requirements of this ordinance,
including the requirements of any approval or permit issued under
this ordinance or the requirements of any regulation promulgated hereunder,
then the Enforcement Authority may issue a written order to enforce
the provisions of this ordinance or any such approval, permit or regulation,
and to remediate any adverse impact, which may include an order to:
(1)
Eliminate illicit connections or discharges to the MS4;
(2)
Cease and desist from land disturbance activity until there is compliance
with the ordinance and with the provisions of any applicable approval,
land disturbance permit, or other permit or regulation;
(3)
Require that unlawful discharges, practices or operations shall cease
and desist;
(4)
Implement measures designed to minimize the discharge of pollutants
until such time as an illicit connection shall be eliminated;
(5)
Remediate pollutants in connection therewith;
(6)
Maintain, install or perform erosion and sediment control measures;
(7)
Perform monitoring, analyses, and reporting; and/or
(8)
Remediate erosion and sedimentation resulting directly or indirectly
from the land disturbance activity.
|
If the Stormwater Authority determines that any person is creating
an adverse impact to a wetland resource area that is contrary to the
purposes of this ordinance or to the purposes of the Massachusetts
Wetlands Protection Act or the Town of Randolph Wetlands Protection
Ordinance, the Stormwater Authority shall work with the Conservation
Commission to reduce or eliminate that adverse impact.
|
C.
Reimbursement of costs.
(1)
If the Enforcement Authority determines that abatement or remediation
of erosion and sedimentation is required, or if the Enforcement Authority
determines that abatement or remediation of pollutants is required,
the order shall set forth a deadline for the completion of abatement
or remediation and a procedure for appealing the order. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
Town or its agent may, at its option, undertake such work, and the
costs thereof shall be charged to the violator or property owner.
(2)
In the event that the Town or its agent performs the required work,
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
protest objecting to the amount on the basis of cost with the Stormwater
Authority 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 Stormwater Authority affirming or reducing the costs, or 30
days from a final decision of a court of competent jurisdiction if
the matter is appealed, the cost shall become a special assessment
against the property owner of said costs pursuant to MGL c. 40, § 58,
and, pursuant to that statute, if uncollected, the costs will become
a Municipal Charges Lien that may be added to the property owner's
property tax bill. Interest shall begin to accrue on any unpaid costs
at the statutory rate provided in MGL c. 59, § 57, on the
30th day after the costs first become due.
D.
Criminal penalties and noncriminal disposition.
(1)
Any person who violates any provision of this ordinance, the regulations
promulgated hereunder, or the terms or conditions in any permit, approval
or order issued hereunder, shall be subject to a criminal fine not
to exceed $300 a day. Each day or part thereof that such violation
occurs or continues shall constitute a separate offense.
(2)
As an alternative to initiating a criminal fine, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Chapter 1, § 1-9 of the Town of Randolph General Ordinances, in which case the Stormwater Authority or its agent shall be the enforcement authority for this ordinance. The noncriminal disposition penalty for the first violation of this ordinance, the regulations promulgated hereunder, or the terms or conditions in any permit, approval or order issued hereunder, 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.
E.
Entry to perform duties under this ordinance. To the extent permitted
by state 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 ordinance and the regulations
and may make or cause to be made such examinations, surveys or sampling
as the Stormwater Authority deems reasonably necessary.
F.
Appeals. Unless specifically provided otherwise in this ordinance,
the decisions or orders of the Enforcement Authority shall be final.
Further relief shall be to a court of competent jurisdiction.
G.
Remedies not exclusive. The remedies listed in this ordinance are
not exclusive of any other remedies available under any applicable
federal, state or local law.
A.
This ordinance shall become effective as of its date of adoption,
except as specifically provided below.
B.
Residential property compliance. With regard to the application of
this ordinance to any parcel of land that has a primary use as of
the date of adoption of this ordinance that is an existing residential
use, this ordinance shall become effective and shall apply to said
parcels as of the date that is 60 days after the adoption of this
ordinance.
[Amended 9-24-2018 by Ord. No. 2018-045]
This § 195-21 shall apply to any parcel of land that: has a primary legal use as of the date of adoption of this ordinance that is an existing non-governmental use; and contains more than one acre of impervious surfaces as of the date of adoption of this ordinance.
A.
The owners of all such parcels shall be notified, based on the Assessor's
address list, by U.S. Mail of the adoption of this ordinance within
120 days of its adoption.
B.
The owners of all such parcels or their successors shall have three
years from the date of adoption of this ordinance to provide the Stormwater
Authority with a stormwater assessment concerning all water and other
material entering the Town of Randolph MS4 from any parcels that they
own that are covered under this section. Said assessment shall include:
i) an inventory of all discharges, connections, or obstructions both
illegal and legal of the MS4 located on or coming from the property-owner's
property to include any and all runoff from the site, whether that
runoff enters the MS4 on the property or enters the MS4 at another
location; ii) an assessment of all non-permeable surfaces on the property
and the impact of those surfaces on stormwater; and iii) a description
of any use or proposed use on the property that is listed as a land
use of higher potential pollutant loads as defined in the Massachusetts
Stormwater Management Standards. Within 60 days of receipt of such
an assessment, the Stormwater Authority shall meet with the property-owner
to review the assessment, if possible, and shall create a plan to
remedy any non-compliance with this ordinance that exists on the property.
The owner shall be provided with formal notice of that plan. If the
owner does not timely file an assessment or timely bring the property
into compliance consistent with the plan, the owner and the property
shall be considered to be in violation of this ordinance, and any
appropriate enforcement measures may be taken. Nothing in this section
shall alleviate the property-owner from the obligation to comply with
this ordinance as of the date of its adoption. However, a property-owner
who is conducting an assessment as described in this section in good
faith or who is complying with an approved plan to bring the property
into compliance as described in this section in good faith shall not
be subject to enforcement for any violations that existed as part
of the existing conditions on the property on the date of adoption
of this ordinance.
C.
The Stormwater Authority shall maintain records reflecting the parcels
that are subject to this section that existed in Town as of the date
of adoption of this ordinance, the date that notice of this ordinance
was sent to the owner of each such property/parcel, the date the assessment
is submitted for each such property/parcel, and the date that compliance
is achieved for each such property/parcel.
D.
Nothing in this section shall prevent a person from being required
to comply with this ordinance if there are any changes or alterations
to their property, including new land disturbance, after the date
of adoption of this ordinance.
E.
The Authority may institute programs to assist property owners with
Compliance.
