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the extent possible, the report shall be written in language understandable to the <br /> general public and it shall include an executive summary. <br /> Said report shall also contain a description of the condition of, and previous year's <br /> maintenance of, the catch basins, grassed biofilter swales and other stonnwater <br /> management facilities within the subdivision. <br /> In addition to the required annual report the applicant shall be responsible for reporting <br /> to the Planning Board (with copies to the Local Water Resources Management Official <br /> and Board of Health) any sampling results not in compliance with the water quality <br /> standards contained or referenced in Section V, or the parameter levels approved by the <br /> Planning Board where the initial sampling round showed an existing violation, within <br /> seven (7) days of its discovery. Within thirty (30) days the applicant shall submit to the <br /> same officials a full report on the noncompliance, including the laboratory report, a <br /> description of any circumstances surrounding the noncompliance, a report on probable <br /> cause and a report on completed or proposed remediation measures. In addition, re- <br /> testing may be required by the Planning Board for the parameters involved in the <br /> violation. If the Planning Board believes that the violation is of such significance or that <br /> the proposed remediation is inadequate, it may schedule a public hearing on the matter <br /> following the same procedures as for the original permit to which this monitoring <br /> program document is attached and notify the applicant to appear at said hearing to <br /> explain the noncompliance and proposed remediation. Failure to file a complete annual <br /> report, or failure to provide the required notice of noncompliance, shall be considered a <br /> violation of the terms of this document and the conditions of the Permit to which it is <br /> attached, and the Board shall call a public hearing on the matter. <br /> Based on the results of said hearing, the Board may allow further time for remediation, <br /> may determine that Town action to remediate or conduct sampling and analysis, at the <br /> expense of the applicant, is required, may notify other agencies of the noncompliance or <br /> violation and recommend enforcement proceedings, may bring legal action against the <br /> applicant, may require the Building Inspector to take enforcement actions or may take <br /> any other actions available to it for remediation or for enforcement of its permit <br /> conditions. Such enforcement actions may include prohibition on the issuance of any <br /> building or occupancy permits within the project or any other enforcement and penalties <br /> provided under Article XVII (Enforcement and Penalties) of the Mashpee Zoning By-law <br /> or by state law. Where Town action is required to remediate a violation and the <br /> applicant has not demonstrated that the violation is not the result of the conduct of the <br /> applicant or his successors or assigns, the applicant and owners of property within the <br /> project shall be responsible for costs incurred by the Town in having to take that action <br /> and the Town may seek to place a lien against the applicant and all owners of properties <br /> within the project site to recover said costs. <br /> VII. Amendments. Waivers and Separability <br /> Amendments or modifications of this monitoring program requested by the applicant <br /> may be done only by the Planning Board, after consultation with the Local Water <br /> Resources Official and the Board of Health, following the same procedures required for <br /> amendments to a Special Permit. <br /> -14- <br />