Upon presentation of proper credentials, duly authorized representatives
of Lower Providence Township may enter at reasonable times upon any
property within the Township to inspect the condition of the stormwater
structures and facilities in regard to any aspect regulated by this
chapter.
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 written notification
of the violation. Such notification shall set forth the nature of
the violation(s) and establish a time limit for correction of these
violations(s). Failure to comply within the time specified shall subject
such person to the penalty provision of this chapter. All such penalties
shall be deemed cumulative. In addition, the Township may pursue any
and all other remedies available under state or federal law. 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. In the case
where the violation poses an immediate threat to the health, safety,
and welfare of the community, no notice under this section shall be
required.
Lower Providence Township is hereby authorized and directed
to enforce all of the provisions of this chapter. All inspections
regarding compliance with the stormwater management site plan or simplified
stormwater management site plan shall be the responsibility of the
Township Engineer or other qualified persons designated by the Township.
A.
A set of design plans approved by the Township shall be on file at
the site throughout the duration of the construction activity. Periodic
inspections may be made by the Township or designee during construction.
B.
Adherence to approved plan. It shall be unlawful for any person to undertake any regulated activity under § 129-5 on any property except as provided for in the approved stormwater management site plan or simplified stormwater management site plan and pursuant to the requirements of this chapter. It shall be unlawful to alter or remove any control structure required by the plan pursuant to this chapter or to allow the property to remain in a condition which does not conform to the approved plan.
C.
Suspension and revocation of permits.
(1)
(2)
A suspended permit shall be reinstated by the Township when:
(3)
A permit that has been revoked cannot be reinstated. The applicant
may apply for a new permit under the procedures outlined in this chapter.
(4)
The decision to suspend or revoke a permit may be appealed to the
Board of Supervisors within 30 days of the date of suspension or revocation.
A.
The violation of any provision of this chapter is hereby deemed a
public nuisance.
B.
Each day that a violation continues shall constitute a separate violation.
C.
Whenever the Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Township may
order compliance by written notice to the responsible person. Such
notice may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of prohibited discharges;
(3)
Cessation of any violative discharges, practices, or operations;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Reimbursement to Lower Providence Township to cover administrative
and remediation costs;
(6)
The implementation of stormwater BMPs to correct a violation or prevent
future violations; and
(7)
Operation and maintenance of approved stormwater BMPs.
D.
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 Lower Providence
Township from pursuing any and all other remedies available in law
or equity.
A.
Anyone violating the provisions of this chapter 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 10 days, or both. Each day that the
violation continues shall be a separate offense.
B.
In addition, Lower Providence Township, 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.
A.
Appeals from the determination of the Township in the administration
of this chapter as it relates to stormwater management of a project
shall be made to the Lower Providence Township Board of Supervisors
within 30 days of that determination or decision.
B.
Any person aggrieved by a decision of the Supervisors may appeal
to the Montgomery County Court of Common Pleas within 30 days of the
date of the decision.