A.
Upon presentation of proper credentials, the Township may enter at
reasonable times upon any property within the Township to inspect
the condition of the stormwater structures and facilities in regard
to any aspect regulated by this chapter.
B.
BMP owners and operators shall allow persons working on behalf of
the Township ready access to all parts of the premises for the purposes
of determining compliance with this chapter.
C.
Persons working on behalf of the Township shall have the right to
temporarily locate on any BMP in the Township such devices as are
necessary to conduct monitoring and/or sampling of the discharges
from such BMP.
D.
Unreasonable delays in allowing the Township access to a BMP are
a violation of this chapter.
A.
The DEP or its designees (e.g., Conservation District) normally ensure
compliance with any permits issued, including those for stormwater
management. In addition to DEP compliance programs, the Township or
its designee may inspect all phases of the construction, operations,
maintenance and any other implementation of stormwater BMPs.
B.
During any stage of the regulated earth disturbance activities, if
the Township or its designee determines that any BMPs are not being
implemented in accordance with this chapter, the Township may suspend
or revoke any existing permits or other approvals until the deficiencies
are corrected.
It is unlawful for any person to modify, remove, fill, landscape,
or alter any approved stormwater management BMPs, facilities, area,
or structures without the written approval of the DEP or a delegated
conservation district and the Township.
A.
Any approval or permit issued by the Township may be suspended or
revoked for:
(1)
Noncompliance with or failure to implement any provision of an approved
stormwater management plan or O&M agreement.
(2)
A violation of any provision of this chapter or any other applicable
law, chapter, rule or regulation relating to a regulated activity.
(3)
The creation of any condition or commission of any act which constitutes
or creates a hazard, nuisance, or pollution, or endangers the life
or property of others.
C.
An approval that has been revoked by the Township cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D.
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 a 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.
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.
Each day that the violation continues shall be a separate offense,
and penalties shall be cumulative.
B.
In addition, the Township 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 County Court of Common
Pleas in Montgomery County within 30 days of the Township's decision.
