Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the municipality
may order compliance by written notice to the responsible person.
Such notice may require without limitation:
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 municipality or designee and the expense
thereof shall be charged to the violator.
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 municipality
from pursuing any and all other remedies available in law or equity.
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.
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
A permit or approval which has been revoked by the municipality cannot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 chapter.
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 more than $1,000 for each violation, recoverable with costs, or
imprisonment of not more than 90 days, or both. Each day that the
violation continues shall be a separate offense.
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 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.
Any person aggrieved by any action of the municipality 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.
Pennsylvania Department of Environmental Protection. No. 363-0300-002
(December 2006), as amended and updated. Pennsylvania Storm Water
Best Management Practices Manual. Harrisburg, PA.
Pennsylvania Department of Environmental Protection. No. 363-2134-008
(April 15, 2000), as amended and updated. Erosion and Sediment Pollution
Control Program Manual. Harrisburg, PA.