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Township of Unity, PA
Westmoreland County
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Table of Contents
Table of Contents
A. 
The violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township 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, penalty, judgment or other amount necessary to cover administrative and remediation costs;
(6) 
The implementation of stormwater BMPs; and
(7) 
The inspection, operation and maintenance of stormwater BMPs. Inspection and maintenance shall be conducted on those orders of frequencies outlined in the approved stormwater BMP O&M plan, or as directed by the Township.
B. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Township or designee and the expense thereof 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 Township 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 Township may be suspended or revoked by the Township for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this chapter; or
(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 Township when:
(1) 
The Municipal Engineer or designee has inspected and approved the corrections to the stormwater BMPs, or the elimination of the hazard or nuisance, and/or;
(2) 
The Township is satisfied that the violation of the Ordinance, law or rule and regulation has been corrected.
C. 
A permit or approval which has been revoked by the Township 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 misdemeanor, and upon conviction shall be subject to a fine of not less than $500 nor more than $1,000 for each violation, recoverable with costs, or imprisonment for a period of not more than 30 days, or both. Each day that the violation continues shall be a separate offense.
B. 
In addition, the Township, 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. In addition, the Township may initiate proceedings to obtain a civil judgment against the violating party equal to the amounts the Township estimates it may take to remedy the violation, together with the Township's legal fees, costs and expenses incurred in the prosecution of this action.
C. 
Any person found guilty of violating the provisions of the chapter shall also be required to pay the legal fees, costs and expenses that the Township has incurred as a result of each violation and the enforcement of this chapter.
D. 
The Township's remedies are cumulative and the Township's election to pursue one of the remedies referenced herein against a violator shall not preclude or prevent the Township from pursuing others that may be available.
Persons receiving a notice of violation will be required to halt all construction activities. This "stop-work order" will be in effect until the Township confirms that the development activity has been brought into compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized by this chapter.
Any person aggrieved by any action of the Township or its designee, relevant the provisions of this chapter, may appeal to the relevant judicial or administrative body according to law, within the time period allowed.