Township of Robinson, PA Article VI Enforcement and Penalties

§ 365-17 Right of entry.

A. Upon presentation of proper credentials, duly authorized representatives of the Township may enter at reasonable times, upon any property within the Township, 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 Township 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 Township such devices, as are necessary, to conduct monitoring and/or sampling of the discharges from such stormwater BMP.

D. Unreasonable delay in allowing the Township access to a stormwater BMP is a violation of this chapter.

§ 365-18 Inspection.

SWM BMPs should be inspected by the landowner, or the owner's designee (including the municipality for dedicated and owned facilities), according to the schedule set forth in Chapter 369, Stormwater Management, of the Code of the Township of Robinson.

§ 365-19 Enforcement.

The Township's governing body is hereby authorized and directed to enforce all of the provisions of this chapter.

§ 365-20 Suspension and revocation.

A. Any approval or permit issued by the municipality may be suspended or revoked for:

(1) Noncompliance with or failure to implement any provision of an 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 a regulated activity.

(3) The creation of any condition or the commission of any act which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.

B. A suspended approval may be reinstated by the municipality when:

(1) The municipality has inspected and approved the corrections to the violations that caused the suspension.

(2) The municipality is satisfied that the violation has been corrected.

C. An approval that has been revoked by the municipality cannot be reinstated.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.

§ 365-21 Violations and penalties.

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 less than $500 nor more than $5,000 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 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.

§ 365-22 Appeals.

A. Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to the Township within 30 days of that action.

B. Any person aggrieved by any decision of the Township, relevant to the provisions of this chapter, may appeal to the Washington County Court of Common Pleas within 30 days of the Township's decision.