The Municipality, or its authorized agents and employees, may
enter upon any part of the property within the Municipality to inspect
and determine the compliance of the implementation, condition, or
operation and maintenance (O&M) of the stormwater facilities or
best management practices (BMPs) in regard to any aspect governed
by this Part 2, in accordance with the declaration. Inspection includes
monitoring and sampling to determine proper operation of stormwater
facilities and BMPs. The Municipality shall have the right to temporarily
locate on any stormwater control or BMP in the Municipality such devices
as are necessary to conduct monitoring and/or sampling of the discharges
from such stormwater control or BMP.
BMPs should be inspected for proper operation by the landowner,
or the owner's designee (including the Municipality for dedicated
and owned facilities), according to the following list of minimum
frequencies:
A. Annually for the first five years.
B. Once every three years thereafter.
C. During or immediately after the cessation of a ten-year, twenty-four-hour,
or greater storm event.
D. As specified in the declaration.
All inspections regarding compliance with the stormwater management
(SWM) site plan and this Part 2 shall be the responsibility of the
Municipality.
A. Whenever the Municipality finds that a person has violated a prohibition
or failed to meet a requirement of this Part 2, the Municipality may
order compliance by notifying the responsible person. Such notice
may include the following remedies:
(1) Performance of monitoring, analyses, and reporting;
(2) Elimination of prohibited connections or discharges;
(3) Cessation of any violating discharges, practices, or operations;
(4) Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(6) Payments to reimburse administrative and remediation costs;
(7) Implementation of stormwater controls and BMPs; and
(8) O&M of stormwater facilities and BMPs.
B. Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of those violation(s). If
the violator fails to take the required action within the established
deadline, the work may be done by the Municipality and the expenses
may be charged to the violator.
C. Failure to comply within the time specified may subject a violator
to the penalty provisions of this Part 2. All such penalties shall
be deemed cumulative and shall not prevent the Municipality from pursuing
other remedies available in law or equity.