Township of Swatara, PA
Dauphin County
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Table of Contents
Table of Contents
A. 
In the event that a person fails to comply with the requirements of this chapter or an approved SWM site plan, or fails to conform to the requirements of any permit or approval issued hereunder, the municipality shall provide written notification, via certified mail, of the violation to the landowner indicated on the O&M agreement. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).
B. 
Failure to comply within the time specified shall subject such person to the penalties provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other 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.
A. 
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter. The approved SWM site plan shall be on file at the project site throughout the duration of the construction activity. The municipality or its designee may make periodic inspections during construction.
B. 
Adherence to approved SWM site plan.
(1) 
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity on any property except as provided for by an approved SWM site plan and pursuant to the requirements of this chapter.
(2) 
It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this chapter.
(3) 
It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM site plan.
A. 
A violation of any provision of this chapter is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Any approval or permit issued by the municipality may be suspended or revoked for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance (O&M) agreement.
(2) 
A violation of any provision 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 the regulated activity which constitutes or creates a hazard or nuisance or pollution, or which endangers the life or property of others.
B. 
A suspended approval or permit may be reinstated by the municipality when:
(1) 
The municipality or its designee has inspected and approved the corrections to the violation(s) that caused the suspension.
(2) 
The municipality is satisfied that the violation(s) has been corrected.
C. 
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
A. 
Civil judgment; monetary.
(1) 
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $600, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of determination of a violation by the Magisterial District Judge, and, thereafter, each day that a violation continues shall constitute a separate violation.
(2) 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(3) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
(4) 
Magisterial District Judges shall have initial jurisdiction over proceedings brought under this subsection.
B. 
Civil judgment; suits to restrain, prevent or abate violations.
(1) 
Any activity conducted in violation of the provisions of this chapter, as applied to the Township, is hereby declared a public nuisance.
(2) 
The Township, at its option, may institute suits in equity or at law to restrain, prevent or abate violations of this chapter affecting the Township. Except in cases of emergency, where, in the opinion of the Court of Common Pleas, 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 as part of the Court's order or in any action in assumpsit or in the same manner as a municipal claim is recovered.
A. 
Any person aggrieved by any action of the Township or its designee relevant to the provisions of this chapter may appeal to the Capital Area COG UCC Joint Appeals Board within 30 days of that action.
B. 
Any person aggrieved by any decision of the Township or the Capital Area COG UCC Joint Appeals Board relevant to the provisions of this chapter may appeal to the Dauphin County Court of Common Pleas within 30 days of the decision.