A. 
Upon presentation of proper credentials, duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to inspect the implementation, condition, or operation and maintenance of the stormwater controls or BMPs in regard to any aspect governed by this Part 1.
B. 
Stormwater control and BMP owners and operators shall allow persons working on behalf of the Borough ready access to all parts of the premises for the purposes of determining compliance with this Part 1.
C. 
Persons working on behalf of the Borough shall have the right to temporarily locate on any stormwater control or BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.
D. 
Unreasonable delays (greater than 24 hours) in allowing the Borough access to a stormwater control or BMP are a violation of this Part 1.
A. 
The violation of any provision of this Part 1 is hereby deemed a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this Part 1, the Borough 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 connections or 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 controls and BMPs; and
(7) 
Operation and maintenance of stormwater controls and BMPs.
B. 
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 Borough or designee and the expense thereof shall be charged to the violator.
C. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this Part 1. All such penalties shall be deemed cumulative and shall not prevent the Borough from pursuing any and all other remedies available in law or equity.
A. 
Any building, land development or other permit or approval issued by the Borough may be suspended or revoked, in whole or in part, by the Borough for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this Part 1; or
(3) 
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.
B. 
A suspended permit or approval may be reinstated by the Borough, in whole or in part, when:
(1) 
The Borough or designee has inspected and approved the corrections to the stormwater controls and BMPs, or the elimination of the hazard or nuisance; and/or
(2) 
The Borough is satisfied that the violation of this Part 1, law, or rule and regulation has been corrected.
C. 
A permit or approval which has been revoked in whole or in part by the Borough cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Part 1.
A. 
Any person who violates or permits a violation of this Part 1 shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this Part 1 that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this Part 1 in equity in the Court of Common Pleas of Berks County.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law in equity for the enforcement of this Part 1 with the court of competent jurisdiction to obtain restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
In the event that a person fails to comply with the requirements of this Part 1, or fails to conform to the requirements of any permit issued hereunder, the Borough will provide notification of the violation. After notice is provided, failure to correct violations in a timely manner may result in additional violations.
The Borough Council is hereby authorized and directed to enforce all of the provisions of this Part 1. All inspections regarding compliance with the drainage plan shall be the responsibility of the Borough Engineer or other qualified persons designated by the Borough.
A. 
No person shall modify, remove, fill, landscape or alter any SWM BMPs, facilities, areas, or structures, without the written approval of the Borough.
B. 
Upon presentation of proper credentials, the Borough may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Part 1.
C. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted from the requirement to submit a SWM site plan by this Part 1.
D. 
The developer shall be responsible for providing as-built plans of all SWM BMPs included in the approved SWM site plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted by the developer to the Borough.
E. 
The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent SWM BMPs have been constructed according to the approved plans and specifications. If any licensed qualified professionals contributed to the construction plans, then a licensed qualified professional must sign the completion certificate.
F. 
After receipt of the completion certificate by the Borough, the Borough may conduct a final inspection.
G. 
Inspections regarding compliance with the SWM site plan are a responsibility of the Borough.
H. 
The Borough may withhold an occupancy permit until a certificate of completion has been provided by the developer.
A. 
Any person aggrieved by any action of the Borough or its designee may appeal to Borough Council within 30 days of that action.
B. 
Any person aggrieved by any decision of Borough Council may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Borough decision.