A.
Upon presentation of proper credentials, the Municipality or duly
authorized representatives of the municipality may enter at reasonable
times upon any property within the municipality to inspect the implementation,
condition, or operation and maintenance of the stormwater structures,
facilities, or BMPs in regard to any aspect governed by this chapter.
B.
Landowners with stormwater facilities and BMPs on their property
shall allow persons working on behalf of the municipality ready access
to all parts of the premises for the purposes of determining compliance
with this chapter.
C.
Persons working on behalf of the municipality shall have the right
to temporarily locate on any stormwater facility or BMP in the municipality
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater facilities or BMP.
A.
The landowner or the owner's designee (including the Municipality
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
B.
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the Municipality
within 30 days following completion of the inspection.
A.
All inspections regarding compliance with the stormwater management
(SWM) Site Plan and this chapter shall be the responsibility of the
Municipality.
B.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 375-302.
D.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the municipality
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.
E.
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 municipality and the expense may be charged
to the violator.
F.
Failure to comply within the time specified may subject a violator
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the municipality from pursuing
any and all other remedies available in law or equity.
A.
Any building, land development, or other permit or approval issued
by the municipality may be suspended or revoked, in whole or in part,
by the municipality for:
(1)
Non-compliance with or failure to implement any provision of
the SWM site plan and/or O&M agreement;
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity;
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, health, or property
of others.
C.
Any permit or approval that has been revoked by the municipality
cannot be reinstated. The applicant may apply for a new permit under
the procedures outlined in this chapter.
D.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the Municipality will provide the owner, or the owner's
designee, with a written notice of the violation and the time period
allowed for the owner to correct the violation. If the owner does
not correct the violation within the allowed time period, the Municipality
may revoke or suspend any, or all, applicable approvals and permits
pertaining to any provision of this chapter.
A.
Any person violating the provisions of this chapter shall be subject
to penalties that may range from liens against the property to fines
for each violation, recoverable with costs. Each day that the violation
continues shall constitute a separate offense and the applicable fines
are cumulative.
B.
In addition, the municipality 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.
A.
As per the Pennsylvania Municipalities Planning Code (MPC), § 909.1(9),
any person aggrieved by any action pursuant to this chapter may appeal
to the Borough's Zoning Hearing Board within 30 days of that
action.
B.
Any person aggrieved by any decision of the Borough Council, relevant
to the provisions of this chapter, may appeal to the County Court
of Common Pleas in the County where the activity has taken place within
30 days of the municipal decision.
