[Ord. No. 509, 6/18/2014]
1. 
Duly authorized representatives of the Borough may enter at reasonable times upon any property within the Borough to inspect the implementation, condition, or operation and maintenance of the stormwater facilities or best management practices (BMPs) in regard to any aspect governed by this Part.
2. 
Landowners with stormwater facilities and BMPs on their property shall allow persons working on behalf of the Borough ready access to all parts of the premises for the purposes of determining compliance with this Part.
3. 
Persons working on behalf of the Borough shall have the right to temporarily locate on any stormwater facility or BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater facilities or BMPs.
4. 
Unreasonable delays in allowing the Borough of Hatfield access to a BMP is a violation of this section.
[Ord. No. 509, 6/18/2014]
1. 
Stormwater management (SWM) best management practices (BMPs) should be inspected for proper operation by the landowner, or the owner's designee (including the Borough of Hatfield 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 or greater storm; and/or
D. 
As specified in the operations and maintenance (O&M) agreement.
2. 
The DEP or its designees (e.g., County Conservation Districts) normally ensure compliance with any permits issued, including those for stormwater management. In addition to DEP compliance programs, the Borough of Hatfield or its designee may inspect all phases of the construction, operations, maintenance and any other implementation of stormwater BMPs.
3. 
During any stage of the regulated earth disturbance activities, if the Borough of Hatfield or its designee determines that any BMPs are not being implemented in accordance with this Part, the Borough of Hatfield may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.
[Ord. No. 509, 6/18/2014]
1. 
All inspections regarding compliance with the stormwater management (SWM) site plan and this Part shall be the responsibility of the Borough of Hatfield.
A. 
Whenever the Borough of Hatfield finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Borough of Hatfield 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 facilities and best management practices (BMPs); and
(7) 
Operation and maintenance (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 these violation(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 Borough of Hatfield and the expense 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. All such penalties shall be deemed cumulative and shall not prevent the Borough of Hatfield from pursuing any and all other remedies available in law or equity.
[Ord. No. 509, 6/18/2014]
1. 
Any building, land development, or other permit or approval issued by the Borough of Hatfield may be suspended or revoked, in whole or in part, by the Borough of Hatfield for:
A. 
Noncompliance with or failure to implement any provision of the permit;
B. 
A violation of any provision of this Part; or
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, health, or property of others.
2. 
A suspended permit may be reinstated by the Borough of Hatfield when:
A. 
The Borough of Hatfield has inspected and approved the corrections to the stormwater facilities and BMPs or the elimination of the hazard or nuisance; and
B. 
The Borough of Hatfield is satisfied that all applicable violations in this Part have been corrected.
3. 
Any permit or approval that has been revoked by the Borough of Hatfield cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Part.
[Ord. No. 509, 6/18/2014]
1. 
Any violation of this Part constitutes a public nuisance. Violations may be subject to a civil penalty of $500. Each day that the violation continues shall constitute a separate offense, and the applicable fines and remedies are cumulative.
2. 
The Borough 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.
3. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of the Part which shall be found to have been violated shall constitute a separate offense.
[Ord. No. 509, 6/18/2014]
1. 
Any person aggrieved by an action of Hatfield Borough or its designees may appeal to the relevant judicial or administrative body according to law, within the time allowed.