A.
Upon presentation of proper credentials, duly authorized
representatives of the Township may enter at reasonable times upon
any property within the Township to inspect the implementation, condition,
or operation and maintenance of the stormwater controls or BMPs, such
as drain, conveyance, discharge or stormwater facility, in regard
to any aspect governed by this chapter, consistent with federal and
state laws.
B.
Stormwater control and BMP owners and operators shall
allow persons working for or on behalf of the Township ready access
to all parts of the premises for the purposes of determining compliance
with this chapter.
C.
Persons working for or on behalf of the Township shall
have the right to temporarily locate on any stormwater control or
BMP in the Township 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 Township access
to a stormwater control or BMP is a violation of this chapter.
A.
Whenever the Township finds that a person or entity
has violated a prohibition or failed to meet a requirement of this
chapter, the Township 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 such violation(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 Township 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 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 the Township may be suspended or revoked by the
Township 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
when:
(1)
The Township Engineer or designee has inspected and
approved in writing the corrections to the stormwater controls and
BMPs or the elimination of the hazard or nuisance; and/or
(2)
The Township Engineer is satisfied and states in writing
that the violation of the ordinance, law, or rule and regulation has
been corrected.
C.
A permit or approval that has been revoked by the
Township cannot be reinstated. The applicant may apply for a new permit
under the procedures outlined in this chapter.
A.
Any person or entity violating the provisions of this
chapter shall be subject to a fine of not more than $1,000 for each
violation, recoverable with costs. Each day that the violation continues
shall constitute a separate offense and the applicable fines are cumulative.
In default of payment of the above-referenced fines and costs, the
violator may be sentenced to a term of imprisonment not to exceed
90 days. The determination of a violation shall be made by a magisterial
district justice with jurisdiction and venue over the location of
the violation and such an action will be subject to the procedures
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure.
B.
In addition, the 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.
In the event that a person or entity fails to
comply with the requirements of this chapter or fails to conform to
the requirements of any permit issued hereunder, the Township 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 such 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 Township from pursuing any and all possible 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 Township Engineer or designee is hereby
authorized and directed to enforce all of the provisions of this chapter.
A.
A set of design plans approved by the Township Engineer
or designee shall be on file at the site throughout the duration of
the construction activity. Periodic inspections may be made by the
Township Engineer or designee during construction.
B.
It shall be unlawful for any person or entity to undertake any regulated activity under § 174-7 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, the owner or his
representatives shall provide in writing to the Township Engineer:
D.
After receipt of the certification, a final inspection
shall be conducted by the Township Engineer or designated representative
to certify compliance with this chapter.
Any person aggrieved by any action of Tredyffrin Township or its designee, with the exception of the finding of a violation(s) pursuant to §§ 174-34 through 41 of this chapter, may appeal to the Township Manager or designee within 30 days of that action.
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.
C.
To the extent that the Township does not enforce any
provision of this chapter, such action or inaction shall not constitute
a waiver by the Township of its rights of future enforcement hereunder.