A.
Upon presentation of proper credentials, duly authorized representatives
of the municipality may enter at reasonable times, upon any property
within the municipality, to inspect the implementation, condition,
or operations and maintenance of the stormwater BMPs in regard to
any aspect governed by this chapter.
B.
Stormwater BMP owners and operators shall allow persons working on
behalf of the municipality ready access to all parts of the premises
for the purposes of determining compliance with this chapter.
C.
Persons working on behalf of the municipality shall have the right
to temporarily locate on any stormwater BMP in the municipality such
devices as are necessary to conduct monitoring and/or sampling of
the discharges from such stormwater BMP.
D.
Unreasonable delay, as determined by an authorized representative
of the municipality, in allowing the municipality access to a stormwater
BMP is a violation of this chapter.
A.
The PA DEP or its designees normally ensure compliance with any permits
issued, including those for stormwater management. In addition to
PA DEP compliance programs, the municipality or their municipal assignee
may inspect all phases of the installation of temporary or permanent
stormwater management facilities.
B.
During any stage of earth disturbance activities, if the municipality
determines that the stormwater management facilities are not being
installed in accordance with the approved SWM site plan, the municipality
shall revoke any existing permits or approvals until a revised SWM
site plan is submitted and approved as specified in this chapter.
C.
If required by the City of Lower Burrell, stormwater BMPs shall be
inspected by a professional engineer registered in Pennsylvania according
to the inspection schedule described on the SWM site plan for each
BMP.
(1)
The municipality may require copies of the inspection reports, in
a form as stipulated by the municipality.
(2)
If such inspections are not conducted or inspection reports not submitted
as scheduled, the municipality, or their designee, may conduct such
inspections and charge the owner appropriate fees. Nonpayment of fees
may result in a lien against the property.
(a)
Prior to conducting such inspections, the municipality shall
inform the owner of its intent to conduct such inspections. The owner
shall be given 30 days to conduct required inspections and submit
the required inspection reports to the municipality.
A.
In the event that a person fails to comply with the requirements
of this chapter, an approved SWM site plan, or fails to conform to
the requirements of any permit or approval issued hereunder, the municipality
shall provide written notification of the violation. Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violation(s).
B.
Failure to comply within the time specified shall subject such person
to enforcement as set forth in this chapter. 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.
A.
The approved SWM site plan shall be on file at the project site throughout
the duration of the construction activity. The municipality or their
designee may make periodic inspections during construction.
B.
Adherence to approved SWM site plan.
(1)
It shall be unlawful for any person, firm, or corporation to undertake
any regulated activity on any property except as provided for by an
approved SWM site plan and pursuant to the requirements of this chapter.
(2)
It shall be unlawful to alter or remove any control structure required
by the SWM site plan pursuant to this chapter.
(3)
It shall be unlawful to allow a property to remain in a condition
that does not conform to an approved SWM site plan.
A.
Any approval or permit issued by the municipality pursuant to this
chapter may be suspended or revoked 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.
C.
An approval that has been revoked by the municipality 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 municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality 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 municipality may
revoke or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
A.
Anyone 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 $_____ for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense
and penalties shall be cumulative.
B.
In addition, the municipality may institute an 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.
Where a violation of this chapter has occurred and remains uncured
after notice from the municipality or its designee, the municipality
may institute a legal action against the violator to restrain, prevent,
abate, or enjoin the violation of this chapter or any stormwater management
plan together with expenses and costs of suit, including attorney
fees.
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this chapter, may appeal to the County Court
of Common Pleas in the county where the activity has taken place within
30 days of the municipality's decision.
