[Ord. 07-2005-523, 7/28/2005, § 901]
1. Upon presentation of proper credentials, duly authorized representatives
of the municipality may enter at reasonable times upon any property
within the municipality to inspect the implementation, condition or
operation and maintenance of the stormwater BMPs or to investigate
or ascertain the condition of the subject property in regard to any
aspect regulated by this Part.
2. BMP owners and operators shall allow persons working on behalf of
the municipality ready access to all parts of the premises for the
purposes of determining compliance with this Part.
3. Persons working on behalf of the municipality shall have the right
to temporarily locate on any BMP in the municipality such devices
as are necessary to conduct monitoring and/or sampling of the discharges
from such BMPs.
4. Unreasonable delays in allowing the municipality access to a BMP
is a violation of this Subpart.
[Ord. 07-2005-523, 7/28/2005, § 902]
1. Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this Part, the municipality may
order compliance by written notice to the responsible person. Such
notice may require without limitation:
A. The performance of monitoring, analyses and reporting.
B. The elimination of prohibited connections or 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 BMPs.
G. Operation and maintenance of stormwater BMPs.
2. Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(s). Said
notice may further advise that should the violator fail to take the
required action within the established deadline, the work will be
done by the municipality or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
shall be charged to the violator.
3. Failure to comply within the time specified shall also subject such
person to the penalty provisions of this Part. All such penalties
shall be deemed cumulative and shall not prevent the municipality
from pursuing any and all other remedies available in law or equity.
[Ord. 07-2005-523, 7/28/2005, § 903]
1. The violation of any provision of this Part is hereby deemed a public
nuisance.
2. Each day that an offense continues shall constitute a separate violation.
[Ord. 07-2005-523, 7/28/2005, § 904]
1. Any building, land development or other permit or approval issued
by the municipality may be suspended or revoked by the municipality
for:
A. Noncompliance with or failure to implement any provision of the permit.
B. A violation of any provision of this Part.
C. 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.
2. A suspended permit or approval shall be reinstated by the municipality
when:
A. The municipality or designee has inspected and approved the corrections
to the stormwater BMPs or the elimination of the hazard or nuisance.
B. The municipality is satisfied that the violation of the ordinance,
law or rule and regulation has been corrected.
C. Payment of all municipal fees, costs and expenses related to or arising
from the violation has been made.
3. A permit or approval which has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this Part.
[Ord. 07-2005-523, 7/28/2005, § 905]
1. Any person violating the provisions of this Part 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 of not more than 60 days, or both. Each day that the
violation continues shall be a separate offense.
2. In addition, the municipality, through its solicitor, may 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 appropriate
forms of remedy or relief.
[Ord. 07-2005-523, 7/28/2005, § 906]
Any person aggrieved by any action of the municipality or its
designee relevant to the provisions of this Part may appeal using
the appeal procedures established in the Pennsylvania Municipalities
Planning Code.