Borough of Millersville, PA Article IX Enforcement and Penalties

§ 315-91 Right of entry.

Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.

§ 315-92 Schedule of inspections.

A. The designee may inspect all phases of the construction, operations, maintenance and any other implementation of SWM facilities and BMPs.

B. During any stage of the regulated earth disturbance activities if the designee determines that any BMPs are not being implemented in accordance with this chapter, the Borough may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.

C. During any stage of the work, if the designee determines that the permanent SWM facilities are not being installed in accordance with the approved stormwater management plan, the Borough shall revoke any existing permits until a revised SWM site plan is submitted and approved, as specified in this chapter.

D. During any phase of the work, if the designee determines that the soil or other site conditions are not as stated or shown in the approved SWM site plan or that the developer has provided a false statement or misrepresentation, the designee may refuse to approve further work and revoke existing building permits until a revised plan is submitted and approved, as required under by Article V of this chapter.

§ 315-93 Enforcement.

The Borough Council is hereby authorized and directed to enforce all of the provisions of this chapter.

A. In the event that a person fails to comply with the requirements of this chapter or fails to conform to the requirements of any permit issued hereunder, the Borough shall 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 to cover administrative and remediation costs;

(6) The implementation of stormwater BMPs; and

(7) Operation and maintenance of stormwater BMPs.

B. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(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 Borough 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 Borough from pursuing any and all other remedies available in law or equity. 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.

D. Any permit or approval issued by the Borough pursuant to this chapter may be suspended by the Borough 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 provisions of this chapter or any other applicable law, chapter, rule, or regulation relating to the regulated activity.

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

E. A suspended permit or approval may be reinstated by the Borough when:

(1) The Borough has inspected and approved the corrections to the violation that caused the suspension;

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

§ 315-94 Violations and penalties; remedies.

A. It shall be a violation of this chapter to commit or permit any other person to commit any of the following acts:

(1) To commence regulated activities prior to obtaining unconditional approval of a SWM site plan or in violation of the terms or conditions of a SWM site plan approved under this chapter.

(2) To install, repair, modify or alter SWM facilities prior to obtaining approvals under this chapter, or, in a manner which violates the terms and conditions of any approval issued under this chapter.

(3) To misuse or fail to maintain any SWM facility installed upon a property.

(4) To construct any improvements upon, grade, fill or take any other action which will impair the proper functioning of any SWM facility.

(5) To place false information on, or, omit relevant information from an application for approval under this chapter.

(6) To fail to comply with any other provisions of this chapter.

B. For each violation of the provisions of this chapter, the owner, agent, lessee, or contractor or any other person who commits, takes part in, or assists in any such violation shall be liable upon conviction thereof in a summary proceeding to pay a fine of not less than $200 nor more than $1,000 for each offense, together with the costs of prosecution. In accordance with Section 3321(6) of the Borough Code,[1] any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding. Each day or portion thereof in which a violation exists shall be considered a separate violation of this chapter, and each section of this chapter which is violated shall be considered a separate violation.

[1] Editor's Note: See now 8 Pa.C.S.A. § 3321.

C. The Borough may also institute suits to restrain, prevent, or abate a violation of this chapter in equity or at law. Such proceedings in equity or at law may be initiated before any court of competent jurisdiction. In cases of emergency where, in the opinion of the court, the circumstances of the case require immediate abatement of the unlawful conduct, the court may, in its decree, fix a reasonable time during which the person responsible for the unlawful conduct shall correct or abate the same. The expense of such proceedings shall be recoverable from the violator in such manner as may now or hereafter be provided by law. In accordance with Section 3321(a)(5) of the Borough Code, 8 Pa.C.S.A. § 3321(a)(5), any person found guilty of violating this chapter may be assessed reasonable attorneys' fees incurred by the Borough in the enforcement proceeding.

D. The Borough Council or designee may also take actions relating to suspension or revocation of permits set forth in § 315-93.

E. The Borough Council may, by resolution, appoint a code enforcement officer to enforce this chapter and may authorize such code enforcement officer to institute summary criminal proceedings without prior action by the Borough Council.

§ 315-95 Appeals.

A. Any person aggrieved by any administrative action of the Borough may appeal to the Borough Council within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. § 501 et seq.

B. Any person aggrieved by any decision of Borough Council may appeal to the Lancaster County Court of Common Pleas, in accordance with Article VII of Local Agency Law, 2 Pa.C.S.A. § 701 et seq., within 30 days of that decision.

§ 315-96 Modification/waiver of provisions.

[Amended 9-27-2022 by Ord. No. 2022-04]

If the Borough determines that any requirement under this chapter cannot be achieved for a particular regulated activity, the Borough may, after an evaluation of alternatives, approve measures other than those in this chapter, subject to the following:

A. Waivers or modifications of the requirements of this chapter may be approved by the Borough if enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that the modifications will not be contrary to the public interest and that the purpose of the chapter is preserved. Cost or financial burden shall not be considered a hardship. Modification may be considered if an alternative standard or approach will provide equal or better achievement to the maximum extent practicable of the purpose of the chapter. A request for modifications shall be in writing and accompany the stormwater management site plan submission. The request shall provide the facts on which the request is based, the provision(s) of the chapter involved and the proposed modification.

B. The provisions of this chapter not relating to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The Borough reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter, and that the applicant shows to the satisfaction of the Borough that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications, along with an explanation of and justification for each modification, shall be included on the plan. This section does not apply during an enforcement action.

C. In granting waivers/modifications for provisions of this chapter not relating to water quality, the Borough may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.

D. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the Borough unless that action is approved in advance by DEP or the delegated county conservation district.

E. No waiver or modification can be granted that would conflict with the requirements of the MS4 permit.