The violation of any provision of this chapter
is hereby deemed a public nuisance.
A.
Whenever the Township finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, the
Township may order compliance by written notice to the responsible
person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses and reporting;
(2)
The elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices or
operations;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation
costs;
(6)
The implementation of stormwater BMPs; and
(7)
Operation and maintenance of stormwater management
facilities.
B.
Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of the violation(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the Township or designee, and the expense
thereof shall be charged to the violator.
C.
Failure to comply within the time specified shall
also subject such person to the penalty provisions of this chapter.
All such penalties shall be deemed cumulative and shall not prevent
the Township from pursuing any and all other remedies available in
law or equity.
D.
Each day that a violation continues shall constitute
a separate violation.
A.
Any building, land development or other permit or
approval issued by the Township may be suspended or revoked by the
Township for:
(1)
Noncompliance with or failure to implement any provision
of the permit;
(2)
A violation of any provision of this chapter; or
(3)
The creation of any condition or the commission of
any act during construction or development which constitutes or creates
a hazard or nuisance, pollution or which endangers the life or property
of others.
B.
A suspended permit or approval shall be reinstated
by the Township when:
A.
Any person or persons, firm or corporation who shall
violate any of the provisions of this chapter, upon conviction thereof,
shall be liable to pay a fine or penalty not to exceed $1,000 plus
costs of prosecution for each and every offense. All fines and penalties
imposed by this chapter are recoverable by summary proceedings before
the Magisterial District Judge, and all suits or actions at law instituted
for the recovery thereof are to be in the name and for the use of
Upper Gwynedd Township, against which the offenses are committed.
In default of payment of any fine or penalty and costs imposed by
any Magisterial District Judge under the provisions of this chapter,
the person or persons so offending may be committed to the Montgomery
County Prison for a period not exceed 30 days.[1]
B.
In addition, the Township, through its Solicitor,
may institute injunctive, mandamus or any other appropriate action
or proceeding at law or in equity for the enforcement of this chapter.
Any court of competent jurisdiction shall have the right to issue
restraining orders, temporary or permanent injunctions, mandamus or
other appropriate forms of remedy or relief.