A.
Upon presentation of proper credentials, duly authorized
representatives of Union Township may enter at reasonable times upon
any property within Union Township 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 Union Township ready access to
all parts of the premises for the purposes of determining compliance
with this chapter.
C.
Persons working on behalf of Union Township shall
have the right to temporarily locate on any stormwater control or
BMP in Union Township such devices as are necessary to conduct monitoring
and/or sampling of the discharges from such stormwater control or
BMP.
D.
Unreasonable delays (greater than 24 hours) in allowing
Union Township personnel access to a stormwater control or BMP is
a violation of this chapter.
A.
Whenever Union Township finds that a person has violated
a prohibition or failed to meet a requirement of this chapter, Union
Township 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 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 Union Township or its 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
Union Township from pursuing any and all other remedies available
in law or equity.
A.
Any building, land development or other permit or
approval issued by Union Township may be suspended or revoked, in
whole or in part, by Union Township for:
(1)
Noncompliance with or failure to implement any provision
of the permit.
(2)
A violation of any provision of this chapter.
(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 may be reinstated by
Union Township, in whole or in part, when:
C.
A permit or approval which has been revoked, in whole
or in part, by Union Township cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this chapter.
A.
Any violation of the provisions of this chapter shall
be enforced by action brought before a District Justice in the same
manner provided for the enforcement of summary offenses under the
Pennsylvania Rules of Criminal Procedure. The Municipal Solicitor
may assume charge of the prosecution without the consent of the District
Attorney as required by Pa. R.Crim.P. No. 454 (relating to trial in
summary cases). Upon conviction, the person shall be subject to a
fine of not more than $1,000 for each violation, recoverable with
costs, or imprisonment to the extent allowed by law for the punishment
of summary offenses, or both. Each day that the violation continues
shall be a separate offense.
B.
In addition, Union Township, 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. The imposition of a fine
or penalty for any violation of or noncompliance with this chapter
shall not excuse the violation or noncompliance or permit it to continue,
and all such persons shall be required to correct or remedy such violations
and noncompliances.
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, Union Township will provide notification
of the violation. After notice is provided, failure to correct violations
in a timely manner may result in additional violations.
The Union Township Board of Supervisors 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 Municipal Engineer or other qualified
persons designated by Union Township.
A.
No person shall modify, remove, fill, landscape or
alter any stormwater management BMPs, facilities, areas, or structures
without the written approval of Union Township.
B.
Upon presentation of proper credentials, Union Township
may enter at reasonable times upon any property within Union Township
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this chapter.
C.
It shall be unlawful for a person to undertake any
regulated activity except as provided in an approved stormwater management
site plan, unless specifically exempted from the requirement to submit
a stormwater management site plan by this chapter.
D.
The developer shall be responsible for providing as-built
plans of all stormwater management BMPs included in the approved stormwater
management site plan. The as-built plans and an explanation of any
discrepancies with the construction plans shall be submitted by the
developer to Union Township.
E.
The as-built submission shall include a certification
of completion signed by a qualified professional verifying that all
permanent stormwater management BMPs have been constructed according
to the approved plans and specifications. If any licensed qualified
professionals contributed to the construction plans, then a licensed
qualified professional must sign the completion certificate.
F.
After receipt of the completion certificate by Union
Township, Union Township may conduct a final inspection.
G.
Inspections regarding compliance with the stormwater
management site plan are a responsibility of Union Township.
H.
Union Township may withhold an occupancy permit until
a certificate of completion has been provided by the developer.
A.
Any person aggrieved by any action of Union Township
or its designee may appeal to Union Township's Board of Supervisors
within 30 days of that action.
B.
Any person aggrieved by any decision of Union Township's
Board of Supervisors may appeal to the County Court of Common Pleas
in the county where the activity has taken place within 30 days of
the municipal decision.
