A.
In the event that a person fails to comply with the requirements
of this chapter, 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 of the violation. 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 enforcement as set forth in this chapter. 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 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, ordinance, 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,
pollution, or which endangers the life or property of others.
C.
The applicant may apply for a new approval under the provisions of
this chapter if compliance has occurred within one year of the original
application filing date.
Where a violation of this chapter has occurred and remains uncured
after notice from the municipality or its designee, the municipality
may institute a legal action against the violator to restrain, prevent,
abate, or enjoin the violation of this chapter or any stormwater management
plan together with expenses and costs of suit, including attorneys’
fees.
Any person aggrieved by any action of the municipality or its
designee, relevant to the provisions of this chapter, may appeal to
the Court of Common Pleas of Butler County, Pennsylvania, within 30
days of that action.