[Ord. No. 509, 6/18/2014]
1.
Duly authorized representatives of the Borough may enter at reasonable
times upon any property within the Borough to inspect the implementation,
condition, or operation and maintenance of the stormwater facilities
or best management practices (BMPs) in regard to any aspect governed
by this Part.
2.
Landowners with stormwater facilities and BMPs on their property
shall allow persons working on behalf of the Borough ready access
to all parts of the premises for the purposes of determining compliance
with this Part.
3.
Persons working on behalf of the Borough shall have the right to
temporarily locate on any stormwater facility or BMP in the Borough
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater facilities or BMPs.
4.
Unreasonable delays in allowing the Borough of Hatfield access to
a BMP is a violation of this section.
[Ord. No. 509, 6/18/2014]
1.
Stormwater management (SWM) best management practices (BMPs) should
be inspected for proper operation by the landowner, or the owner's
designee (including the Borough of Hatfield for dedicated and owned
facilities), according to the following list of minimum frequencies:
2.
The DEP or its designees (e.g., County Conservation Districts) normally
ensure compliance with any permits issued, including those for stormwater
management. In addition to DEP compliance programs, the Borough of
Hatfield or its designee may inspect all phases of the construction,
operations, maintenance and any other implementation of stormwater
BMPs.
3.
During any stage of the regulated earth disturbance activities, if
the Borough of Hatfield or its designee determines that any BMPs are
not being implemented in accordance with this Part, the Borough of
Hatfield may suspend or revoke any existing permits or other approvals
until the deficiencies are corrected.
[Ord. No. 509, 6/18/2014]
1.
All inspections regarding compliance with the stormwater management
(SWM) site plan and this Part shall be the responsibility of the Borough
of Hatfield.
A.
Whenever the Borough of Hatfield finds that a person has violated
a prohibition or failed to meet a requirement of this Part, the Borough
of Hatfield may order compliance by written notice to the responsible
person. Such notice may, without limitation, require the following
remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
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)
Implementation of stormwater facilities and best management
practices (BMPs); and
(7)
Operation and maintenance (O&M) of stormwater facilities
and BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these 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 Borough of Hatfield and the expense may
be charged to the violator.
C.
Failure to comply within the time specified may subject a violator
to the penalty provisions of this Part. All such penalties shall be
deemed cumulative and shall not prevent the Borough of Hatfield from
pursuing any and all other remedies available in law or equity.
[Ord. No. 509, 6/18/2014]
1.
Any building, land development, or other permit or approval issued
by the Borough of Hatfield may be suspended or revoked, in whole or
in part, by the Borough of Hatfield for:
A.
Noncompliance with or failure to implement any provision of the permit;
B.
A violation of any provision of this Part; or
C.
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, health, or property
of others.
2.
A suspended permit may be reinstated by the Borough of Hatfield when:
3.
Any permit or approval that has been revoked by the Borough of Hatfield
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this Part.
[Ord. No. 509, 6/18/2014]
1.
Any violation of this Part constitutes a public nuisance. Violations
may be subject to a civil penalty of $500. Each day that the violation
continues shall constitute a separate offense, and the applicable
fines and remedies are cumulative.
2.
The Borough may institute injunctive, mandamus or any other appropriate
action or proceeding at law or in equity for the enforcement of this
Part. 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.
3.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of the Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 509, 6/18/2014]
1.
Any person aggrieved by an action of Hatfield Borough or its designees
may appeal to the relevant judicial or administrative body according
to law, within the time allowed.
