A.
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 controls or BMPs in
regard to any aspect governed by this chapter.
B.
Stormwater control and 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
chapter.
C.
Persons working on behalf of 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.
D.
Unreasonable delays in allowing the municipality access to a stormwater
control or BMP is a violation of this article.
A.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the municipality
may order compliance by written notice to the responsible person.
Such notice may, without limitation, require 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;
(5)
Payment of a fine to cover administrative and remediation costs;
(6)
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 municipality 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 chapter. 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.
A.
Any building, land development, or other permit or approval issued
by the municipality may be suspended or revoked by the municipality
for:
(1)
Noncompliance with or failure to implement any provision of
the permit;
(2)
A violation of any provision of this chapter; 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, health, or property
of others.
B.
A suspended permit or approval shall be reinstated by the municipality
when:
C.
A permit or approval that has been revoked by the municipality cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this chapter.
A.
Enforcement against violations of the provisions of this chapter
shall be by action brought before a District Justice in the same manner
provided for the enforcement of summary offenses under Pennsylvania
Rules of Criminal Procedure. Upon conviction, a violator shall be
subject to a fine of not more than $1,000 for each violation, recoverable
with costs, or imprisonment to the extent allowed by law for the punishment
of summary offenses, or both. Each day that a violation continues
shall be a separate offense.
B.
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 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.
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 municipality shall provide written notification
of the violation. Such notification shall state the nature of the
violation(s) and establish a time limit for correction of these violation(s).
Failure to comply within the time specified shall subject such person
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the municipality from pursuing
any and all 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.
The municipal governing body is hereby authorized and directed
to enforce all of the provisions of this chapter. All inspections
regarding compliance with the drainage plan shall be the responsibility
of the Municipal Engineer or other qualified persons designated by
the municipality.
A.
A set of design plans approved by the municipality shall be on file
at the site throughout the duration of the construction activity.
Periodic inspections may be made by the municipality or designee during
construction.
B.
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 301-4 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this chapter or to allow the property to remain in a condition that does not conform to the approved drainage plan.
C.
At the completion of the project and as a prerequisite for the release
of the financial guarantee, the owner or his representatives shall:
D.
After receipt of the certification by the municipality, a final inspection
shall be conducted by the Municipal Engineer or designated representative
to certify compliance with this chapter.
E.
Prior to revocation or suspension of a permit and at the request
of the applicant, the governing body will schedule a hearing to discuss
the noncompliance if there is no immediate danger to life, public
health, or property. The expense of a hearing shall be the applicant's
responsibility.
A.
Any person aggrieved by any action of Upper Pottsgrove Township or
its designee may appeal to the Upper Pottsgrove Township Board of
Commissioners within 30 days of that action.
B.
Any person aggrieved by any decision of the Upper Pottsgrove Township
Board of Commissioners may appeal to the County Court of Common Pleas
in the County where the activity has taken place within 30 days of
the municipal decision.