Amendment 60 - Withdrawn

Budget Amendment ID: FY2013-S4-60

LOC 60

Effective Enforcement of Wetland Ordinances and Bylaws

Mr. Eldridge moved that the proposed new text be amended by inserting, after Section 161, the following new Section:-

SECTION____. (a) Section 21 of chapter 40 of the General Laws is hereby amended by inserting after subsection 24 the following new subsection:-

(25) For protecting wetlands, related water resources and adjoining land areas likely to have a significant or cumulative effect upon wetland interests and values including, but not limited to, public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention, water pollution prevention, fisheries, wildlife habitat and recreation. The penalty for violation of any ordinance or by-law made hereunder shall not exceed $1,000 per offense.

(b) Section 21D of chapter 40 of the General Laws is hereby amended by inserting, in the fifth paragraph, after the words “not exceeding three hundred dollars,” the following words:- except as otherwise noted in Section 21 of this chapter.

Notwithstanding the foregoing provisions and any general or special law to the contrary, in any suit in equity brought in the superior court or the land court by any city or town, or any municipal agency, officer, board or commission having enforcement powers on behalf of such a city or town, to enforce the provisions of any lawfully enacted ordinance or bylaw, or any rule, regulation or order described in this section, the court, upon a finding that such violation occurred, may assess a civil penalty in accordance with this section and section 21 of this Chapter. Civil penalties assessed under this paragraph shall be in addition to any equitable relief ordered by the court, and shall be paid to such city or town for such use as the city or town may direct. In considering any penalty to be assessed under this paragraph, the court shall consider (a) whether the violation was willful or negligent, (b) any harm to the public health, safety or environment resulting from the violation, (c) any economic benefit gained by the defendant as a result of the violation, (d) the cost to the city or town resulting from the violation, including its enforcement costs and reasonable attorneys fees, (e) any history of noncompliance by the defendant, and (f) whether the defendant made good faith efforts to cure or cease the violation of such ordinance or bylaw after the first notice thereof by such city or town.