Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
A. 
Upon presentation of proper credentials, 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 BMPs or to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
B. 
BMP owners and operators 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 chapter.
C. 
Persons working on behalf of the Borough shall have the right to temporarily locate on any BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMPs.
D. 
Unreasonable delays in allowing the Borough access to a BMP is a violation of this article.
A. 
Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Borough 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.
(7) 
Operation and maintenance of stormwater BMPs.
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, should the violator fail to take the required action within the established deadline, the work will be done by the Borough or designee and the expense thereof, together with all related lien and enforcement fees, charges and expenses, 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 Borough from pursuing any and all other remedies available in law or equity.
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that an offense continues shall constitute a separate violation.
A. 
Any building, land development or other permit or approval issued by the Borough may be suspended or revoked by the Borough for:
(1) 
Noncompliance with or failure to implement any provision of the permit.
(2) 
A violation of any provision of this chapter.
(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 Borough when:
(1) 
The Borough or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance.
(2) 
The Borough is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.
(3) 
Payment of all Borough fees, costs and expenses related to or arising from the violation has been made.
C. 
A permit or approval which has been revoked by the Borough cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
A. 
Any person violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs, or imprisonment of not more than 90 days, or both. Each day that the violation continues shall be a separate offense.
B. 
In addition, the Borough, 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.
Any person aggrieved by any action of the Borough or its designee relevant to the provisions of this chapter may appeal using the appeal procedure established in the Pennsylvania Borough's .