A. 
The 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. 
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:
(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 municipality 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 municipality 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 municipality may be suspended or revoked by the municipality 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 or property of others.
B. 
A suspended permit or approval shall be reinstated by municipality when:
(1) 
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
(2) 
The municipality is satisfied that the violation of the ordinance, law, or rule and regulation has been corrected.
C. 
A permit or approval which has been revoked by the municipality cannot be reinstated.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.
A. 
Any person violating the provisions of this chapter shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $1,000 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days. Each day that the violation continues shall be a separate offense.
B. 
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 a decision of the municipality or its designee, to grant or deny an approval under this chapter may file an appeal within 30 days from the date of the decision to the Borough Council. Such appeal shall be filed with the Borough Secretary and shall include payment of an appeal filing fee in the amount of $100, plus actual costs incurred by the Borough such as court report's appearance fees or advertising, with the filing fee and/or such other amounts subject to being revised from time to time by ordinance or resolution by the Borough Council. Upon the timely filing of such appeal, the Borough Council shall hold a Local Agency Law hearing and may, affirm, modify or reverse the decision appealed from by the appellant. The Borough Council may impose, as part of its decision, any conditions and safeguards necessary in order to protect the public health, safety and welfare or to protect private or public property and to promote the objectives of this chapter. The Borough Council, as part of its decision, may adjudicate constitutional law issues and shall apply and interpret this chapter so as to avoid a taking or other constitutional violations. The Borough Council upon appeal may grant relief from any substantive requirements herein of full compliance with the requirement, due to unique physical conditions of the land, where full compliance is not reasonably possible and would not permit reasonable use of the property and where waiving the requirement will not result in significant adverse environmental consequences, damages or danger to other property or violation of other applicable laws or ordinances.