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.
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 .
