[Ord. 183-2013, 12/2/2013, § 2]
1. Upon presentation of proper credentials, duly authorized officers
or agents of the Township may enter at reasonable times upon any property
within the Township to inspect the implementation, condition, or operation
and maintenance of all erosion and sediment controls and permanent
stormwater BMPs, conveyances, or other stormwater facilities both
during and after completion of a regulated activity, or for compliance
with any requirement of this Part.
2. Persons working on behalf of the Township shall have the right to
temporarily locate on or in any BMP, conveyance or other stormwater
facility in the Township such devices as are necessary to conduct
monitoring and/or sampling of the discharges from such BMP or conveyance,
or other stormwater facilities.
3. Failure of the landowner or representative to grant access to the
Township within 24 hours of notification, verbal or written, is a
violation of this Part.
[Ord. 183-2013, 12/2/2013, § 2]
1. 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 notification of the violation
and may order compliance by written notification to the responsible
person or persons. Such notification shall set forth the nature of
the violation(s), establish a time limit for correction of these violations(s)
and notify the person that failure to comply within the time specified
shall subject such person to the penalty provision of this chapter.
Additionally, such notice may require, without limitation:
A. The performance of monitoring, analyses, and reporting.
B. The elimination of prohibited discharges.
C. Cessation of any violating discharges, practices, or operations.
D. The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
E. Payment of a fine to cover administrative and remediation costs.
F. The implementation of stormwater BMP's.
G. Operation and maintenance of stormwater BMP's.
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All such penalties shall be deemed cumulative and shall not
prevent the Township from pursuing any and all other remedies. 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.
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2. Failure to comply within the time specified shall also subject such
person 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.
[Ord. 183-2013, 12/2/2013, § 2]
1. The Municipal Engineer or other designee is hereby authorized and
directed to enforce all of the provisions of this Part. The Municipal
governing body may delegate enforcement duties, including the initial
determination of ordinance violation and service of notice, if notice
is given, to such other officers or agents as the Township shall deem
qualified for that purpose.
2. It shall be the responsibility of the landowner of the real property
on which any regulated activity is proposed to occur, is occurring,
or has occurred to comply with the applicable terms and conditions
of this Part.
3. All municipal inspections for compliance with the approved SWM site
plan shall be the responsibility of the Township or its designee.
4. During any stage of the work of any regulated activity, if the Municipal
Engineer or other designee determines that the erosion and sediment
control measures, permanent BMPs, conveyances or other stormwater
facilities are not being installed or maintained in accordance with
the approved SWM site plan, the Township may suspend or revoke any
existing permits or other approvals until the deficiencies are corrected
or until a revised SWM site plan is submitted and approved, if and
as determined to be necessary by the Municipal Engineer or other designee.
5. In the event that the Municipal Engineer or other designee finds
that a person has violated a provision of this Part, or fails to conform
to the requirements of any permit or approval issued by the Township,
or any O&M plan or O&M agreement approved by the Township,
the Township may order compliance by written notice of the violation
to the landowner.
6. Such notice may, without limitation, require the following remedies:
A. Performance of monitoring, analyses, and reporting.
B. Elimination of prohibited connections or discharges.
C. Cessation of any violating discharges, practices, or operations.
D. Abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property.
E. Payment of a fine to cover administrative and remediation costs and/or
forfeiture of financial security.
F. Implementation of stormwater controls, BMPs, and conveyances.
G. Operation, maintenance or repair of BMPs, conveyances or other stormwater
facilities.
7. Such notice shall set forth the nature of the violation(s), citing to specific sections of this Part which have not been met, and establish a time limit for commencement of correction and completion of correction of the violations(s). The notice shall provide for a right of the landowner's appeal to the Municipal governing body in accordance with §
23-506 of this Part. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the Township or designee, and the expense thereof shall be charged to the violator.
8. Failure to comply within the time specified in such notice shall
also subject such person to the penalty provisions of this Part. 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.
[Ord. 183-2013, 12/2/2013, § 2]
1. Any regulated activity conducted in the violation of any provision
of this Part is hereby deemed a public nuisance.
2. Each day that a violation continues shall constitute a separate violation.
3. A separate violation will be found to exist for each section of this
Part found to have been violated.
4. To the extent that the Township does not enforce any provision of
this Part, such action or inaction shall not constitute a waiver by
the Township of its rights of future enforcement hereunder.
[Ord. 183-2013, 12/2/2013, § 2]
1. Any person violating or permitting the violation of the provisions
of this Part shall be subject to a fine of not more than $1,000 for
each violation, recoverable with costs. The establishment of a violation
for purposes of setting fines or penalties for such violation shall
be in accordance with a citation to a magisterial district judge with
jurisdiction and venue over the location of the violation and such
an action will be subject to the procedures provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
A separate offense shall arise for each day or portion thereof a violation
is found to exist and may be determined for each section of this Part
which is found to have been violated.
2. In addition, the Township may, through its Solicitor, institute injunctive,
mandamus, or any other appropriate action or proceeding at law or
in equity for the enforcement of this Part. Any court of competent
jurisdiction shall have the right to issue restraining orders, temporary
or permanent injunctions, mandamus, or other legal or equitable forms
of remedy or relief. Such relief may include costs, fees, and charges,
including the Township's attorney's fees (charged at the
hourly rate approved by the governing body of the Township) and costs,
as may be permitted by law.
3. Notwithstanding any other provision of this Part, the Township shall
have the right at any or all times deemed necessary by the Municipal
Engineer or designee to enter upon any property within the Township
to inspect and, upon determination of a violation of this Part, to
correct the violation, with all expenses associated with correcting
the violation to be charged to the property owner responsible for
the violation.
[Ord. 183-2013, 12/2/2013, § 2]
1. Any person aggrieved by any action of the Municipal Engineer or other
designee relative to the provisions of this Part may appeal to the
Township's governing body within 30 days of that action.
2. Any person aggrieved by any decision of the Township's governing
body relative to the provisions of this Part may appeal to the County
Court of Common Pleas in the County where the activity has taken place
within 30 days of the Township's decision.
[Ord. 183-2013, 12/2/2013, § 2]
1. Any building, land development, or other permit or approval issued
by the Township may be suspended or revoked by the Township for:
A. Noncompliance with or failure to implement any provision of the permit
or approved SWM site plan or O&M agreement.
B. A violation of any provision of this Part or any other law or regulation
applicable to the regulated activity.
C. The creation of any condition or the commission of any act during
the regulated activity that constitutes or creates a hazard or nuisance,
or endangers the life, health, safety, or property of others.
D. Failure to correct a violation within the allowed time period allowed
per notice given by the Township.
2. Prior to revocation or suspension of a permit, unless there is immediate
danger or threat of such danger to life, public health or property,
at the request of the applicant, the Township's governing body
shall schedule a hearing on the violation and proposed revocation
or suspension, pursuant to public notice. The expense of a hearing
shall be the applicant's responsibility.
3. A suspended permit or approval may be reinstated by the Township
when:
A. The Municipal Engineer or other designee has inspected and approved
the corrections to the BMPs, conveyances or other stormwater facilities,
or the elimination of the hazard or nuisance.
B. The Township is satisfied that the violation has been corrected.
4. A permit or approval that has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit or approval
in accordance with this Part.