Laserfiche WebLink
85 - 10. Notification of Spills <br /> Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for <br /> a facility or operation, or responsible for emergency response for a facility or operation has information <br /> of or suspects a release of materials at that facility or operation resulting in or which may result in <br /> discharge of pollutants to the municipal drainage system or waters of the Commonwealth, the person <br /> shall take all necessary steps to ensure containment, and cleanup of the release. In the event of a <br /> release of oil or hazardous materials, the person shall immediately notify the municipal fire and police <br /> departments and the Department of Public Works, Conservation Department and the Board of Health. <br /> In the event of a release of non-hazardous material, the reporting person shall notify the Authorized <br /> Enforcement Agency no later than the next business day. The reporting person shall provide to the <br /> Authorized Enforcement Agency written confirmation of all telephone, facsimile or in-person <br /> notifications within three business days thereafter. If the discharge of prohibited materials is from a <br /> commercial or industrial facility, the facility owner or operator of the facility shall retain on-site a <br /> written record of the discharge and the actions taken to prevent its recurrence. Such records shall be <br /> retained for at least three years. <br /> 85 - 11. Enforcement <br /> A. The DPW or an authorized agent of the DPW shall enforce this by-law, regulations, <br /> orders, violation notices, and enforcement orders, and may pursue all civil and criminal <br /> remedies for such violations. <br /> B. Civil Relief. If a person violates the provisions of this bylaw, regulations, permit, notice, <br /> or order issued thereunder, the DPW may seek injunctive relief in a court of competent <br /> jurisdiction restraining the person from activities which would create further violations <br /> or compelling the person to perform abatement or remediation of the violation. <br /> C. Orders. The DPW Director or an authorized agent of the DPW Director may issue a <br /> written order to enforce the provisions of this bylaw or the regulations thereunder, <br /> which may include: (a) elimination of illicit connections or discharges to the MS4; (b) <br /> performance of monitoring, analyses, and reporting; (c) that unlawful discharges, <br /> practices, or operations shall cease and desist; and (d) remediation of contamination in <br /> connection therewith. <br /> D. If the enforcing person determines that abatement or remediation of contamination is <br /> required, the order shall set forth a deadline by which such abatement or remediation <br /> must be completed. Said order shall further advise that, should the violator or property <br /> owner fail to abate or perform remediation within the specified deadline, the Town of <br /> Mashpee may,at its option, undertake such work, and expenses thereof shall be charged <br /> to the violator. <br /> 8 <br />