A.
Upon presentation of proper credentials, duly authorized
representatives of the municipality may, with the consent of owners
and operators subject to a BMP plan, enter at reasonable times upon
any property within the municipality to inspect the implementation,
condition or operation and maintenance of the stormwater BMPs or to
investigate or ascertain the condition of the subject property in
regard to any aspect regulated by this ordinance.
B.
In accordance with Subsection A above, owners and operators subject to a BMP plan 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 ordinance.
A.
Whenever the municipality finds that a person has
violated a prohibition or failed to meet a requirement of this ordinance,
the municipality 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 to cover administrative and remediation
costs.
(6)
The implementation of stormwater BMPs.
(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 the violation(s).
Said notice may further advise that 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,
together with all related lien and enforcement fees, charges and expenses,
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 ordinance.
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.
Any building, land development or other permit or
approval issued by the municipality may, in accordance with appropriate
law, be suspended or revoked by the municipality for:
(1)
Noncompliance with or failure to implement any provision
of the permit.
(2)
A violation of any provision of this ordinance.
(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 municipality when:
(1)
The municipality or designee has inspected and approved
the corrections to the stormwater BMPs or the elimination of the hazard
or nuisance.
(2)
The municipality is satisfied that the violation of
the ordinance, law or rule and regulation has been corrected.
(3)
Payment of all municipal fees, costs and expenses
related to or arising from the violation has been made.
C.
A permit or approval which has been revoked by the
municipality cannot be reinstated. The applicant may apply for a new
permit under the procedures outlined in this ordinance.
A.
Any person found by the municipality to have violated any provision of this ordinance shall be subject to the enforcement provisions in Article V of the Pennsylvania Municipalities Planning Code and/or Section 15 of the Pennsylvania Stormwater Management Act (Act 167).
B.
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 ordinance.
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.
Any person aggrieved by any action of the municipality
or its designee relevant to the provisions of this ordinance may appeal
using the appeal procedures established in the Pennsylvania Municipalities
Planning Code.