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 condition of the stormwater/BMP structures and facilities 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 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 the 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. 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 is hereby authorized and directed to enforce all of the provisions of this chapter as follows:
A. 
The Township Engineer or other qualified persons designated by the Township are authorized to conduct inspections regarding compliance with the approved drainage plan.
B. 
The approved drainage plan and other applicable approved permit plans shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be conducted by the Township or designee during construction. A final inspection of all BMPs and/or stormwater management facilities may be conducted by the Township or designee to confirm compliance with the approved drainage plan prior to the issuance of any occupancy permit.
C. 
It shall be unlawful for any person, firm, corporation, or ownership entity to undertake any regulated activity under § 132-4 on any property except as provided for in an approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to allow the property to remain in a condition which does not conform to the approved drainage plan.
D. 
It shall be unlawful for any person, firm, corporation, or ownership entity to modify, remove, fill, landscape, or alter any approved stormwater management/BMP facility, areas, or structures as shown on the approved drainage plan without the written approval of PADEP or the Montgomery County Conservation District and the Township.
E. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, the owner or his representatives shall:
(1) 
Provide a certification of completion from a professional engineer licensed in the Commonwealth of Pennsylvania or a registered surveyor licensed in the Commonwealth of Pennsylvania verifying that all permanent facilities have been constructed according to the approved drainage plan and approved revisions thereto.
(2) 
Provide a set of as-built drawings sealed by a professional engineer licensed in the Commonwealth of Pennsylvania or a registered surveyor licensed in the Commonwealth of Pennsylvania. The as-built drawings and an explanation of any discrepancies with the design plans shall be submitted to the Township Engineer for review.
(3) 
Where an NPDES permit is required and approved by PADEP, a copy of the notice of termination, approved by PADEP or the Montgomery County Conservation District, must be submitted to the Township.
(4) 
In no case shall the Township approve the as-built survey until the Township receives a copy of an approved declaration of adequacy/highway occupancy permit from the PennDOT District Office (if applicable).
F. 
After receipt of the certification of completion by the Township, a final inspection shall be conducted by the Township or its designee to certify compliance with this chapter.
G. 
Suspension and revocation of permits.
(1) 
Any permit issued under this chapter may be suspended or revoked by the Township for:
(a) 
Noncompliance with or failure to implement any provision of the approved drainage plan/permit or O&M agreement.
(b) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to a regulated activity.
(c) 
The creation of any condition or the commission of any act which constitutes or creates a hazard or nuisance, or pollution, or which endangers the life or property of others.
(2) 
A suspended permit shall be reinstated by the Township when:
(a) 
The Township Engineer or his designee has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance; and/or
(b) 
The Township is satisfied that the violation of the chapter, law, or rule and regulation has been corrected.
(c) 
A permit which has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this chapter.
H. 
Whenever the Township finds that a person 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 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 management/BMP facilities; and
(7) 
Operation and maintenance of stormwater management/BMP facilities.
I. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the Township may provide a limited time period for the owner to correct the violation. In these cases, the Township will provide the owner, or the owner's designee, with written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the Township may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
J. 
Failure to comply within the time specified shall also subject such person or ownership entity 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.
K. 
Suspension and revocation of permits and approvals. Any building, land development or other permit or approval for regulated activities issued by the Township may be suspended or revoked by the governing body for:
(1) 
Noncompliance with or failure to implement any provision of the approved drainage plan/permit;
(2) 
A violation of any provision of this chapter; or
(3) 
The creation of any condition or the commission of any act which constitutes or creates a hazard or nuisance, or pollution, or which endangers the life or property of others.
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.
A. 
Anyone violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs or imprisonment for not more than 30 days, or both. Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.
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.
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 Board of Supervisors within 30 days of that action.
B. 
Any person aggrieved by any decision of the Township Board of Supervisors relevant to the provisions of this chapter may appeal to the Montgomery County Court of Common Pleas within 30 days of the Board of Supervisors' decision.