§ 86A-15. Alternative remedies.

A. 

Any provision contained in the Town Code to the contrary notwithstanding, the Town Attorney, or his/her designee, in consultation with the Stormwater Management Officer, in addition to or in lieu of seeking criminal penalties or seeking to restrain or enjoin activity in violation of this chapter, may enter into a civil compromise, whereby the person or property who or which committed such violation agrees to pay to the Town a civil penalty in an agreed amount. The payment of a civil penalty must be made in conjunction with an agreement on consent whereby the violator agrees to take steps to comply with the requirements under this chapter.

B. 

Where a property owner has violated a provision of this chapter, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Town Attorney and concurrence of the SMO, upon a determination that:

(1) 

The violation was unintentional.

(2) 

The violator has no history of previous violations of this chapter.

(3) 

The environmental damage was minimal.

(4) 

The violator has acted expeditiously to remedy the violation.

(5) 

The violator has cooperated in the investigation and resolution.

C. 

Alternative remedies may consist of, but not be limited to, one or more of the following:

(1) 

Attendance at compliance workshops;

(2) 

Storm drain stenciling or storm drain marking;

(3) 

Beach, river, stream or creek cleanup activities;

(4) 

Implementing one or more of the recommendations of a watershed management plan that has been adopted by the Town or another agency;

(5) 

Partaking in an environmental restoration or planting project; or

(6) 

A payment to the Joseph P. Macchia Environmental Trust Fund in an amount determined by the SMO or Town Attorney in an amount not to exceed $20,000.