The designee may inspect all phases of the construction, operations, maintenance and any other implementation of SWM facilities and BMPs.
During any stage of the regulated earth-disturbance activities if the designee determines that any BMPs are not being implemented in accordance with this chapter, the Township may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.
During any stage of the work, if the designee determines that the permanent SWM facilities are not being installed in accordance with the approved stormwater management plan, the Township shall revoke any existing permits until a revised SWM site plan is submitted and approved, as specified in this chapter.
During any phase of the work, if the designee determines that the soil or other site conditions are not as stated or shown in the approved SWM site plan or that the developer has provided a false statement or misrepresentation, the designee may refuse to approve further work and revoke existing building permits until a revised plan is submitted and approved, as required under by Article V of this chapter.
Upon presentation of proper credentials, duly authorized representatives of the Township may enter at reasonable times upon any property within the Township to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
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, the Township shall order compliance by written notice to the responsible person. Such notice may require without limitation:
The performance of monitoring, analyses, and reporting;
The elimination of prohibited connections or discharges;
Cessation of any violating discharges, practices, or operations;
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
Payment of a fine to cover administrative and remediation costs;
The implementation of stormwater BMPs; and
Operation and maintenance of stormwater BMPs.
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 Township or designee and the expense thereof shall be charged to the violator.
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. 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.
Any permit or approval issued by the Township pursuant to this chapter may be suspended by the Township for:
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
A violation of any provisions of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
The creation of any condition or the commission of any act during construction or development that constitutes or creates a hazard, nuisance, or pollution or endangers the life or property of others.
Any person who has violated any provisions of this chapter shall, upon judicial determination thereof, be subject to fines not exceeding $1,000, plus all court costs, including reasonable attorney's fees incurred by the Township. Each day that a violation occurs shall constitute a separate offense. All fines shall be paid to East Hempfield Township.
In addition, East Hempfield Township 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 any administrative action of the Township may appeal to the Township's Board of Supervisors within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. § 401 et seq.
The provisions of this chapter not relating to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The Township reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter, and that the applicant shows that to the satisfaction of the Township that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications, along with an explanation of and justification for each modification, shall be included on the plan. This section does not apply during an enforcement action.
In granting waivers/modifications for provisions of this chapter not relating to water quality, the Township may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.