A.Â
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 operation and maintenance of the stormwater controls
or BMPs in regard to any aspect governed by this Part 2.
B.Â
Stormwater control and 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 Part 2.
C.Â
Persons working on behalf of the municipality shall
have the right to temporarily locate on any stormwater control or
BMP in the municipality such devices as are necessary to conduct monitoring
and/or sampling of the discharges from such stormwater control or
BMP.
D.Â
Unreasonable delays in allowing the municipality access
to a stormwater control or BMP is a violation of this article.
A.Â
Whenever the municipality finds that a person has
violated a prohibition or failed to meet a requirement of this Part
2, the municipality may order compliance by written notice to the
responsible person. Such notice may, without limitation, require the
following remedies:
(1)Â
Performance of monitoring, analyses, and reporting;
(2)Â
Elimination of prohibited connections or discharges;
(3)Â
Cessation of any violating discharges, practices,
or operations;
(4)Â
Abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected property;
(5)Â
Payment of a fine to cover administrative and remediation
costs;
(6)Â
Implementation of stormwater controls and BMPs; and
(7)Â
Operation and maintenance of stormwater controls and
BMPs.
B.Â
Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of the violation.
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 municipality or designee, and the expense
thereof shall be charged to the violator.
C.Â
Failure to comply within the time specified shall
also subject such person to the penalty provisions of this Part 2.
All such penalties shall be deemed cumulative and shall not prevent
the municipality from pursuing any and all other remedies available
in law or equity.
A.Â
Any building, land development, or other permit or
approval issued by the municipality may be suspended or revoked by
the municipality for:
(1)Â
Noncompliance with or failure to implement any provision
of the permit;
(2)Â
A violation of any provision of this Part 2; or
(3)Â
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, health,
or property of others.
B.Â
A suspended permit or approval shall be reinstated
by the municipality when:
C.Â
A permit or approval that has been revoked by the
municipality cannot be reinstated. The applicant may apply for a new
permit under the procedures outlined in this Part 2.
A.Â
Any person violating the provisions of this Part 2
shall be subject to a fine of not less than $100 nor more than $1,000
for each violation, recoverable with costs. Each day that the violation
continues shall constitute a separate offense and the applicable fines
are cumulative.
B.Â
In addition, the municipality, through its Solicitor,
may institute injunctive, mandamus, or any other appropriate action
or proceeding at law or in equity for the enforcement of this Part
2. 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 the event that a person fails to comply with
the requirements of this Part 2 or fails to conform to the requirements
of any permit issued hereunder, the municipality shall provide written
notification of the violation. Such notification shall state the nature
of the violation(s) and establish a time limit for correction of these
violation(s). Failure to comply within the time specified shall subject
such person to the penalty provisions of this Part 2. All such penalties
shall be deemed cumulative and shall not prevent the municipality
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 Part 2.
The municipal governing body is hereby authorized
and directed to enforce all of the provisions of this Part 2. All
inspections regarding compliance with the drainage plan shall be the
responsibility of the Municipal Engineer or other qualified persons
designated by the municipality.
A.Â
A set of design plans approved by the municipality
shall be on file at the site throughout the duration of the construction
activity. Periodic inspections may be made by the municipality or
designee during construction.
B.Â
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 140-36 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Part 2. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Part 2 or to allow the property to remain in a condition that does not conform to the approved drainage plan.
C.Â
At the completion of the project and as a prerequisite
for the release of the performance guarantee, the owner or his representatives
shall:
D.Â
After receipt of the certification by the municipality,
a final inspection shall be conducted by the Municipal Engineer or
designated representative to certify compliance with this Part 2.
E.Â
Prior to revocation or suspension of a permit and
at the request of the applicant, the governing body will schedule
a hearing to discuss the noncompliance if there is no immediate danger
to life, public health, or property. The expense of a hearing shall
be the applicant's responsibility.
A.Â
Any person aggrieved by any action of the Borough
of Schwenksville or its designee may appeal to Borough Council within
30 days of that action.
B.Â
Any person aggrieved by any decision of Borough Council
may appeal to the County Court of Common Pleas in the county where
the activity has taken place within 30 days of the municipal decision.