08/22/2019 BOARD OF SELECTMEN Agenda Packet

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*DRAFT#4* OCTOBER 21, 2019 Annual Town Meeting Warrant SECTION 10. NOTIFICATION OF SPILLS 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 and [insert other appropriate departments]. In the event of a release of non-hazardous material, the reporting person shall notify the Authorized Enforcement Agency no later than the next business day. The reporting person shall provide to the Authorized Enforcement. Agency written confirmation of all telephone, facsimile or in-person notifications within three 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 years. SECTION 11. ENFORCEMENT The DPW or an authorized agent of the DPW shall enforce this by-law, regulations, orders, violation notices, and enforcement orders, and may pursue all civil.and criminal remedies for.such violations. Civil Relief. If a person violates the provisions.of this bylaw,'regulations, permit, notice, or order issued thereunder,the DPMI 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. Orders. The DPW or an authorized agent of the DPNH may issue a.written order to enforce the provisions of this bylaw or the regulations thereunder, which.nay include: (a) elimination of illicit connections or discharges to the MS4; (b) performance of monitoring, analyses, and reporting; (c) that unlawful discharges, practices, or operati.o.ns.:shall..cease and desist; and (d) remediation of contamination in connection therewith.: If the enforcing person determines that abatement or remediation of contamination is required,the order shall set forth a deadline by which.s.uch abatement or remediation must be completed. Said order shall further advise that,should the violator or property owner fail to abate or perform remediation within the specified deadline, the.Town of Mashpee may, at its option, undertake such work, and expenses thereof shall be charged to the violator. 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 Town of Mashpee, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Town of Mashpee 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 Board of Selectmen 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 G.L. Ch. 59, § 57 after the thirty-first day at which the costs first become due. 7