A.
Upon presentation of proper credentials, duly authorized
representatives of the Borough may enter at reasonable times upon any property
within the Borough to inspect the implementation, condition, or operation
and maintenance of the stormwater controls or BMPs in regard to any aspect
governed by this chapter.
B.
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 chapter.
C.
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.
Unreasonable delays in allowing the Municipality access
to a stormwater control or BMP is a violation of this article.
A.
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, without limitation, require the following remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or
operations;
(4)
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)
Implementation of stormwater controls and BMPs; and
(7)
Operation and maintenance of stormwater controls and
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.
A.
Any building, land development, or other permit or approval
issued by the Borough may be suspended or revoked by the Borough for:
(1)
Noncompliance with or failure to implement any provision
of the permit;
(2)
A violation of any provision of this chapter; or
(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, health, or property of
others.
B.
A suspended permit or approval shall be reinstated by
the Borough when:
C.
A permit or approval that has been revoked by the Borough
cannot be reinstated. The applicant may apply for a new permit under the procedures
outlined in this chapter.
A.
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
for not more than 30 days, or both. Each day that the violation continues
shall be a separate offense.
B.
In addition, the Borough, 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.
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 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 chapter. All such penalties shall be deemed cumulative and shall not
prevent the Borough 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 chapter.
The Borough governing body is hereby authorized and directed to enforce
all of the provisions of this chapter. All inspections regarding compliance
with the drainage plan shall be the responsibility of the Borough Engineer
or other qualified persons designated by the Borough.
A.
A set of design plans approved by the Borough shall be
on file at the site throughout the duration of the construction activity.
Periodic inspections may be made by the Borough or designee during construction.
B.
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 276-5 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C.
At the completion of the project and as a prerequisite
for the release of the performance guarantee, the owner or his representatives
shall:
D.
After receipt of the certification by the Borough, a
final inspection shall be conducted by the Borough Engineer or designated
representative to certify compliance with this chapter.
E.
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.
Any person aggrieved by any action of the Borough of
Norristown or its designee may appeal to the Borough of Norristown Borough
Council within 30 days of that action.
B.
Any person aggrieved by any decision of the Borough of
Norristown Borough Council may appeal to the Montgomery County Court of Common
Pleas where the activity has taken place within 30 days of the Borough decision.