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, Peters
Township 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 the penalties provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the Township from pursuing
any and all other 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.
A.
The municipal governing body is hereby authorized and directed to
enforce all of the provisions of this chapter. 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.
Whenever the municipality finds that a person 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 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.
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.
D.
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.
Suspension and revocation of permits and approvals.
(1)
Any building, land development or other permit or approval for regulated
earth disturbance activities issued by the municipality may be suspended
or revoked by the governing body for:
(a)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or operation and maintenance (O&M);
(b)
A violation of any provision of this chapter; or
(c)
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.
C.
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.[1]
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.
A.
Any person aggrieved by any action of the Township or its designee,
relevant to the provisions of this chapter, may appeal to the Township
within 30 days of that action.
B.
Any person aggrieved by any decision of the Township, relevant to
the provisions of this chapter, may appeal to the Washington County
Court of Common Pleas within 30 days of the Township's decision.
