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.
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.
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.
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.
[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.