4.16 ENFORCEMENT AND CEASE AND DESIST ORDERS
When the Commission, the DEP or the Division of Law Enforcement of the Department of Fisheries, Wildlife and Environmental Law Enforcement (DFWELE) determines that an activity is in violation of M.G.L. c. 131, § 40, 310 CMR 10.00, the Town of Sturbridge Wetlands bylaw or regulations or a Final Order, the Conservation Commission may issue an Enforcement or Cease and Desist Order. Violations include, but are not limited to:
1. Conducting activities regulated by the Town of Sturbridge Wetland bylaw with in a buffer to a resource area without a permit;
2. Conducting work outside the 200 foot buffer, which has a direct or indirect adverse impact on a resource area;
3. Failure to comply with a Final Order, such as failure to observe a particular condition or time period specified in the Order;
4. Failure to complete work described in a Final Order, when such failure causes damage to the interests identified;
5. Failure to obtain a valid Final Order or Extension Permit prior to conducting an Activity Subject to Regulation.
A Final Order may be enforced by the Conservation Commission or a member, or designee authorized by the Commission, (the Board of Health Agent, the Director of Inspections or the Police Department), or the DEP. The members, officers, employees and agents of the Conservation Commission and the DEP may enter upon privately owned land for the purpose of performing their duties under M.G.L. c. 131, § 40, 310 CMR 10.08 – 2, and the Town of Sturbridge Wetland Bylaws.
An Enforcement Order issued by a Conservation Commission shall be signed by a majority of the
Commission. In a situation requiring immediate action, an Enforcement Order may be signed by a single
member or agent of the Commission. Consultation with other members of the Commission is encouraged. Said Order shall be ratified by a majority of the members at the next scheduled meeting of the Commission or will be considered invalid.
Owners of land on which violations occur will receive written notice of the violation, what measures are to be taken and the day and time on which the owner or the owner’s representative is to meet with the Commission. These meetings will usually be held during the next scheduled public meeting. However, in the case of serious impact or threat of immediate serious impact to a resource area, the Commission may schedule the meeting at the earliest possible date. Determination of serious impact will be at the discretion of a majority of the commission. Failure to attend the meeting scheduled or to notify the Commission and arrange an alternative acceptable time, will result in a Cease and Desist Order being issued at the stated meeting time and date. Failure to respond to the Cease
and Desist Order will result in the issuing of an Enforcement Order which will be recorded on the property deed as a lien against the property. Said enforcement order will not be waived until the property and the violation are completely mitigated and restored.
Penalties for actions or violations of wetland/conservation laws, bylaw or regulations, requiring the Commission to initiate enforcement action are on a per site basis and will be as follows:
1st violation written notice
2nd violation $25.00
3rd violation $50.00
4th violation and each subsequent violation $100.00
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