[Amended 7-9-1984; 1-21-1986 by TOR-85-4]
In addition to the rights set forth in § 175-49 of this chapter, the Superintendent and other duly authorized employees of the Town having proper credentials and identification shall be permitted to enter all property for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.
[Amended 5-15-2006 by TOR-2006-2]
The Department of Public Works shall enforce
this chapter, regulations, orders, violation notices, and enforcement
orders, and may pursue all civil and criminal remedies for such violations.
B.
Sanitary sewers and storm drain system. The enforcement
procedures to ensure compliance with the requirements of the storm
drain permit and pertaining to the sanitary system as described in
this chapter shall proceed as follows.
(1)
Step One: verbal notice of violation. If the violation
is not addressed to the satisfaction of the DPW and within an appropriate
time frame of seven days from the verbal notice of violation, enforcement
shall proceed to Step 2. The seven-day time period may be extended
by agreement between the DPW and the violator.
(2)
Step Two: written notice of violation. If the violation is not addressed to the satisfaction of the DPW and within seven days from the issuance of the written notice, enforcement shall proceed to Step 3. The seven-day time period may be extended by mutual agreement between the DPW and the violator. The written order will describe maintenance, installation or performance of additional erosion and sediment control measures, abatement or remediation activities, required proposal for remediation by professional design consultants and may include actions specified in Subsection B(5), (6), (7) and (8).
(3)
Step Three: fines. Fines shall be levied against the
owner of the property which has caused the violation and/or the applicant
for the storm drain permit or sewer permit as appropriate for that
location. Fines shall be imposed up to a maximum of $300 per day for
each offense for a maximum of $3,000 per offense.
(4)
Step Four: Suspension of access to MS4 or the sewer
system as appropriate.
(5)
Emergency enforcement action. The Superintendent may
determine that an eminent threat to public health, safety, or the
environment exists. Skipping the normal order of enforcement action
may be required, including immediate implementation of Step Four,
suspension of access to the MS4. The DPW or designated agent may take
immediate action to suspend access to the MS4 or perform actions to
bring the site into compliance. The DPW has the right to bill the
violator for penalty fees, reasonable costs of materials, and manpower
to perform these emergency actions, and administrative costs. Within
30 days after completing all measures necessary to abate the violation
or to perform remediation, the violator and the property owner shall
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 or basis of costs with the DPW within 30 days of receipt
of the notification of the costs incurred.
(6)
Any bills sent to violators which remain unpaid for
a time period of 30 days, or the time in which to protest, or within
30 days following a decision by the DPW affirming or reducing the
costs, or from a final decision of a court of competent jurisdiction,
the costs shall become a lien against the property until paid.
(7)
Restoration of land. Any violator may be required
to restore land to its undisturbed condition. In the event that restoration
is not undertaken within a reasonable time after notice, the DPW,
or its designated agent, may take necessary corrective action, the
cost of which shall become a lien upon the property until paid.
(8)
Hold on storm drain permit. No new DPW storm drain
permits will be issued to owners or contractors that have enforcement
orders currently in effect against any project. The hold will be released
once all remediation work is complete and approved by DPW.
(9)
Stop-work orders. The DPW may issue stop-work orders
on any project which is found in violation of the storm drain permit
or this chapter until adequate corrective action is complete to the
satisfaction of the DPW.
C.
Noncriminal disposition. As an alternative to criminal
prosecution or civil action, the Town of Agawam may elect to utilize
the noncriminal disposition procedure set forth in MGL c. 40, § 21D,
in which case the Town of Agawam Superintendent of Public Works, or
his/her designee shall be the enforcing person. The penalty for the
first violation shall be $300. The penalty for the second violation
shall be $300. 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.
D.
Entry to perform duties under this chapter. To the
extent permitted by state law, or if authorized by the owner or other
party in control of the property, the Town of Agawam, the Superintendent
of Public Works or his/her designee, 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 deemed reasonably
necessary.
E.
Appeals. The decisions or orders of the Superintendent
of Public Works shall be final. Further relief shall be to a court
of competent jurisdiction.
F.
Remedies not exclusive. The remedies listed in this
chapter are not exclusive of any other remedies available under any
applicable federal, state or local law.
Any person violating any of the provisions of
this chapter shall become liable to the Town for any expense, loss
or damage, including reasonable legal fees, occasioned the Town by
reason of such violation.
All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
The invalidity of any section, clause, sentence
or provision of this chapter shall not affect the validity of any
other part of this chapter which can be given effect without such
invalid part or parts.
No contractor or person shall be allowed to
install or repair a building sewer and/or sanitary sewer or storm
drain unless properly licensed by the Superintendent. Such licenses
shall be renewed annually. Fees for such licenses shall be established
by the Superintendent. Said licenses may be canceled by the Superintendent,
at his discretion, for violation of this chapter.
This chapter shall be in full force and effect
from and after its passage, approval, recording and publication as
provided by law.
