A.
PADEP or its designees normally ensure compliance with any permits
issued, including those for stormwater management. In addition to
PADEP compliance programs, the municipality may inspect all phases
of the installation of temporary or permanent stormwater management
facilities.
B.
During any stage of earth disturbance activities, if the municipality
determines that the stormwater management facilities are not being
installed in accordance with the approved SWM site plan, the municipality
shall notify the applicant and the applicant shall take action to
address the issue. The municipality may revoke any existing permits
or approvals until the matter is addressed. In addition, the municipality
may require the applicant to submit a revised SWM site plan for review
and approval as specified in this chapter.
C.
Stormwater BMPs shall be inspected by the landowner, or the landowner's
designee according to the inspection schedule described on the SWM
site plan for each BMP.
(1)
The landowner shall submit copies of the inspection reports to the
municipality, in a form as stipulated by the municipality.
(2)
The municipality, or its designee, may also conduct such inspections and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property. The costs for such inspections shall be included in the expenses covered by fees in § 388-47.
(3)
Prior to conducting a scheduled inspection, the municipality may
inform the owner of its intent to conduct an inspection.
A.
Upon presentation of proper credentials, duly authorized representatives
of the municipality may enter at reasonable times, upon any property
within the municipality, to inspect the implementation, condition,
or operations and maintenance of the stormwater BMPs in regard to
any aspect governed by this chapter.
B.
Stormwater BMP owners and operators shall allow persons working on
behalf of the municipality ready access to all parts of the premises
for the purposes of determining compliance with this chapter.
C.
Persons working on behalf of the municipality shall have the right
to temporarily locate on any stormwater BMP in the municipality such
devices, as are necessary, to conduct monitoring and/or sampling of
the discharges from such stormwater BMP.
D.
Unreasonable delay in allowing the municipality access to a stormwater
BMP is a violation of this chapter.
