Stormwater management (SWM) best management practices (BMPs)
should be inspected for proper operation by the landowner or the owner's
designee (including the Borough 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.
All inspections regarding compliance with the stormwater management
(SWM) site plan and this chapter shall be the responsibility of the
Borough.
A. Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Borough 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 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 Borough 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 chapter. All such penalties shall
be deemed cumulative and shall not prevent the Borough from pursuing
any and all other remedies available in law or equity.