Any regulated activity conducted in the violation of any provision of this chapter is hereby deemed a public nuisance.
Each day that a violation continues shall constitute a separate violation.
A separate violation will be found to exist for each section of this chapter found to have been violated.
To the extent that the municipality does not enforce any provision of this chapter, such action or inaction shall not constitute a waiver by the municipality of its rights of future enforcement hereunder.
When it is necessary to make an inspection to enforce the provisions of this chapter, the Township Engineer shall be authorized to enter the property and be granted reasonable access at reasonable times to inspect or perform the duties imposed by this chapter provided that if the property is occupied, that credentials be presented to the occupant and entry requested. If such property is unoccupied, the Township Engineer shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry. If entry is refused, the Township Engineer shall have recourse to the remedies provided by law to secure entry.
Persons working on behalf of the municipality shall have the right to temporarily locate on or in any BMP, conveyance or other stormwater facility in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP or conveyance, or other stormwater facilities.
Except in the case of an emergency situation as determined by the Township Engineer, failure of the landowner or representative to grant reasonable access at reasonable times to the municipality after at least two weeks of notification has been provided is a violation of this chapter.
The Township Engineer is hereby authorized and directed to enforce all of the provisions of this chapter. The municipal governing body may delegate enforcement duties, including the initial determination of ordinance violation and service of notice, if notice is given, to such other officers or agents as the municipality shall deem qualified for that purpose.
It shall be the responsibility of the landowner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the applicable terms and conditions of this chapter.
All municipal inspections for compliance with the approved SWM site plan shall be the responsibility of the Township Engineer, its designee, or as otherwise determined by the governing body. Inspections shall be conducted at reasonable times and in accordance with the definition of reasonable access.
During any stage of the work of any regulated activity, if the Township Engineer or other designee determines that the erosion and sediment control measures, permanent BMPs, conveyances or other stormwater facilities are not being installed or maintained in accordance with the approved SWM site plan, the municipality may suspend or revoke any existing permits or other approvals until the deficiencies are corrected or until a revised SWM site plan is submitted and approved, if and as determined to be necessary by the Township Engineer or other designee.
In the event that the Township Engineer or other designee finds that a person has violated a provision of this chapter, or fails to conform to the requirements of any permit or approval issued by the municipality or any O&M plan or O&M agreement approved by the municipality, the municipality may order compliance by written notice of the violation to the landowner.
Such notice may, without limitation, require the following remedies:
Continue performance of monitoring, analyses, and reporting;
Elimination of prohibited connections or discharges;
Cessation of any violating discharges, practices, or operations;
Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Payment of a fine to cover administrative and remediation costs and/or forfeiture of financial security;
Implementation of stormwater controls, BMPs, and conveyances; and
Operation, maintenance or repair of BMPs, conveyances or other stormwater facilities.
Such notice shall set forth the nature of the violation(s), citing to specific sections of this chapter which have not been met, and establish a reasonable time limit for commencement of correction and completion of correction of the violation(s), taking into account such items as the availability of materials, equipment, and labor. The notice shall provide for a right of the landowner's appeal in accordance with § 135-906 of this chapter. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the municipality or designee, and the expense thereof shall be charged to the violator.
Failure to comply within the time specified in such notice shall also subject such person 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.
Any building, land development, or other permit or approval issued by the municipality may be suspended or revoked by the municipality for:
Noncompliance with or failure to implement any provision of the permit or approved SWM site plan or O&M agreement;
A violation of any provision of this chapter or any other law or regulation applicable to the regulated activity;
The creation of any condition or the commission of any act during the regulated activity that constitutes or creates a hazard or nuisance, or endangers the life, health, safety, or property of others; or
Failure to correct a violation within the allowed time period allowed per notice given by the municipality.
Prior to revocation or suspension of a permit, unless there is immediate danger or threat of such danger to life, public health or property, at the request of the applicant, the municipality's governing body shall schedule a hearing on the violation and proposed revocation or suspension, pursuant to public notice. The expense of a hearing shall be the applicant's responsibility unless the Township determines otherwise.
A suspended permit or approval may be reinstated by the municipality when:
A permit or approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new permit or approval in accordance with this chapter.
Any person who violates or permits the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section of this chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution or, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the municipality.
In addition, the municipality may, through its solicitor, 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 legal or equitable forms of remedy or relief. Such relief may include costs, fees, and charges, including the municipality's attorney's fees (charged at the hourly rate approved by the governing body of the municipality) and costs, as may be permitted by law.
Notwithstanding any other provision of this chapter, the municipality shall have the right at any or all times deemed necessary by the Township Engineer or designee to enter upon any property within the municipality to inspect and, upon determination of a violation of this chapter, to correct the violation, with all expenses associated with correcting the violation to be charged to the property owner responsible for the violation.
Any person aggrieved by any action of the Township Engineer or other designee relative to the provisions of this chapter may appeal to the Chester County Court of Common Pleas within 30 days of the municipality's decision in accordance with the Local Agency Law.
This chapter shall take effect on January 1, 2014.