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Borough of Spring Grove, PA
York County
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Table of Contents
Table of Contents
A. 
General. Upon presentation of proper credentials, the Borough may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and all related facilities regulated by this chapter.
B. 
Industrial activity and construction discharges. This section applies to all facilities that have stormwater discharges associated with industrial activity, including construction activity. Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Borough prior to the allowing of discharges to the MS4.
(1) 
Access to facilities.
(a) 
The Borough shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Borough.
(b) 
Facility operators shall allow the Borough ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
(c) 
Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Borough and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(2) 
Borough rights.
(a) 
The Borough shall have the right to set up on any permitted facility such devices as are necessary, in the opinion of the Borough, to conduct monitoring and/or sampling of the facility's stormwater discharge.
(b) 
The Borough has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
C. 
No unreasonable delay. Unreasonable delays in allowing the Borough access to any stormwater structures and/or related facilities is a violation of a stormwater discharge permit and of this chapter. A person who is the owner/operator of a property, a facility with an NPDES permit to discharge stormwater, or any stormwater structure or facility commits an offense if the person unreasonably delays or denies the Borough reasonable access to the property and/or facility for the purpose of conducting any activity authorized or required by this chapter.
A. 
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 § 339-11.
B. 
It shall be unlawful to violate any section(s) of this chapter.
C. 
In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is declared and deemed a public nuisance. Where such condition constitutes a threat to public health, safety, welfare or the environment, it may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken as set forth in this chapter.
A. 
Suspension in emergency situations. The Borough, without prior notice, may issue an order to suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health, safety or welfare of persons, or to the MS4 or waters of the Commonwealth of Pennsylvania. If the violator fails to comply with an order issued in an emergency, the Borough may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the Commonwealth of Pennsylvania, or to minimize danger to persons, including, without limitations, entering the property for the purpose of disconnecting and/or performing emergency maintenance or repairs to storm sewers. In the event the Borough must disconnect or perform emergency maintenance and/or repairs, the Borough may file and attach a municipal lien on the property which is causing illicit discharge.
B. 
Reconnection prohibited. A person commits an offense if the person reconnects premises to the MS4 system once suspended pursuant to this section, without prior Borough written approval issued by an authorized representative of the Borough.
A. 
Notice of violation. Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this chapter or a permit issued hereunder, the Borough shall issue a written notice of violation (NOV) to the property owner and/or operator. Such NOV shall set forth basis and nature of the violation(s), section(s) violated, and shall identify the property and shall require response from the recipient.
B. 
Orders.
(1) 
Where the Borough has identified a violation, it may order compliance by written order to the responsible person(s), including a property owner or operator. Such order may require, without limitation:
(a) 
The performance of monitoring, analyses, and reporting;
(b) 
The elimination of illicit connections or discharges;
(c) 
That violating discharges, practices, or operations shall cease and desist;
(d) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(e) 
Payment of a fine to cover administrative and remediation costs; and
(f) 
The implementation of source control or treatment BMPs.
(2) 
If abatement of a violation and/or restoration of affected property is required, the order may set forth a deadline within which such action(s) must be completed.
(3) 
Failure to comply within the time specified shall subject such person to the penalty provisions of this chapter. All such penalties shall be deemed cumulative and does not prevent the Borough from pursuing any and all remedies. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred, to comply with the terms and conditions of this chapter.
C. 
Termination of discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate a threat to public safety, health or the environment or would terminate an illicit discharge. The Borough will notify a violator of the proposed termination of its MS4 access.
D. 
Appeals.
(1) 
Any person receiving an order from the Borough may appeal to the Borough Council within 30 days from the date of the order. A hearing on the appeal before the Borough Council or its designee shall take place within 15 days from the date of receipt of the notice of appeal.
(2) 
Any person aggrieved by any decision of the Borough, relevant to the provisions of this chapter, may appeal to the York County Court of Common Pleas within 30 days of the Borough's decision.
E. 
Borough action after appeal.
(1) 
Cost of abatement of violation. If the violation has not been corrected pursuant to the requirements set forth in the order, or, in the event of an appeal, within 15 days of the hearing representative's decision upholding the decision of the Borough, then representatives of the Borough may enter upon the subject private property and may take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the Borough or designated contractor to enter upon the premises for the purposes set forth above.
(2) 
Notice of cost of abatement. Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may thereafter file a written protest objecting to the amount of the assessment within 30 days. If the amount due is not paid within a timely manner as determined by the decision of the Borough or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment.
(3) 
Payment of abatement costs. Any person violating any of the provisions of this article shall become liable to the Borough by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 12% per annum shall be assessed on the balance beginning on the 1st day following discovery of the violation.
A. 
Any approval or permit issued by the Borough pursuant to this chapter may be suspended, revoked, or terminated for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan 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.
(3) 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.
(4) 
Actions that establish an inability or an unwillingness to comply with this chapter.
B. 
A suspended approval shall be reinstated by the Borough in writing when:
(1) 
The Borough has inspected and approved the corrections to the violations that caused the suspension.
(2) 
The Borough is satisfied that the violation has been corrected.
C. 
An approval that has been revoked or terminated by the Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
D. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Borough may provide a limited time period for the owner to correct the violation. In these cases, the Borough 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 Borough may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
A. 
Civil penalties. Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a civil penalty of not more than $1,000 per violation, per day. If the defendant neither pays nor timely appeals the civil penalty assessment, the Borough may enforce the penalty pursuant to applicable laws and rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation and the extent to which a fine is appropriate. The York County Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
B. 
Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. The Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter and to restrain actions that would create further violation(s) or compelling action to terminate, abate, or remediate violation.
C. 
Criminal prosecution. Any person that has violated or continues to violate this any section of this chapter may be subject to criminal prosecution to the fullest extent of the law, and may be subject to a criminal penalty of up to $1,000 per violation per day and/or imprisonment for a period of time not to exceed 90 days.
D. 
Attorneys' fees and costs. The Borough may recover all attorneys' fees, court costs and other expenses associated with enforcement of this chapter, either criminal or civil, including sampling and monitoring expenses or other costs of investigation.
E. 
Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Borough to seek cumulative remedies.