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.
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.
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An approval that has been revoked by the municipality cannot be reinstated.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.
