Upon presentation of proper credentials, the municipality or
its designated agent may enter at reasonable times upon any property
within the municipality to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
chapter.
1.Â
The landowner or the owner's
designee (including the municipality for dedicated and owned facilities)
shall inspect SWM BMPs, facilities and/or structures installed under
this chapter according to the following frequencies, at a minimum,
to ensure the BMPs, facilities and/or structures continue to function
as intended:
2.Â
Inspections should be conducted
during or immediately following precipitation events. A written inspection
report shall be created to document each inspection. The inspection
report shall contain the date and time of the inspection, the individual(s)
who completed the inspection, the location of the BMP, facility or
structure inspected, observations on performance, and recommendations
for improving performance, if applicable. Inspection reports shall
be submitted to the municipality within 30 days following completion
of the inspection.
1.Â
Any approval or permit issued
by the municipality pursuant to this chapter may be suspended or revoked
for:
A.Â
Noncompliance with or failure
to implement any provision of the approved SWM site plan or O&M
agreement.
B.Â
A violation of any provision
of this chapter or any other applicable law, ordinance, rule, or regulation
relating to the regulated activity.
C.Â
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.
3.Â
An approval that has been revoked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.
4.Â
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.
1.Â
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 $1,000 for each violation,
recoverable with costs. Each day that the violation continues shall
be a separate offense and penalties shall be cumulative.
2.Â
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.
1.Â
Any person aggrieved by any action
of the municipality or its designee, relevant to the provisions of
this chapter, may appeal to the municipality within 30 days of that
action.
2.Â
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.