Upon providing 48 hours' written notice, the municipality, or
its authorized agents and employees, may enter at reasonable times
upon any part of the property within the municipality to inspect and
determine the compliance of the implementation, condition, or operation
and maintenance (O&M) of the stormwater facilities or best management
practices (BMPs) in regard to any aspect governed by this chapter.
Inspection includes monitoring and sampling to determine proper operation
of stormwater facilities and BMPs. The municipality shall have the
right to temporarily locate on any stormwater control or BMP in the
municipality such devices as are necessary to conduct monitoring and/or
sampling of the discharges from such stormwater control or BMP.
BMPs should be inspected for proper operation by the landowner,
or the owner's designee (including the municipality for dedicated
and owned facilities), according to the following list of minimum
frequencies:
All inspections regarding compliance with the stormwater management
(SWM) site plan and this chapter shall be the responsibility of the
municipality.
A.
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 notifying the responsible person. Such notice
may include 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 controls and BMPs; and
(7)
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). If
the violator fails to take the required action within the established
deadline, the work may be done by the municipality and the expenses
may be charged to the violator.
C.
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
other remedies available in law or equity.
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:
C.
A revoked permit or approval cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this chapter.
[Amended 10-18-2017 by Ord. No. 2355-17]
A.
Any person violating the provisions of this chapter shall be guilty
of a summary offense, and upon conviction shall be subject to a civil
penalty of not more than $1,000 for each violation, recoverable with
court costs. Each day that a violation continues shall constitute
a separate offense.
B.
The Township, through its Solicitor, may institute injunctive, mandamus
or other appropriate action or proceeding at law or in equity for
the enforcement of this chapter or any portion thereof. A 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. Each of these remedies, as well as the
civil penalties referred to above, shall be cumulative and none shall
be required as a prerequisite to the commencement of another remedy
or penalty.
