A.
General. Upon presentation of proper credentials, the Borough may
enter at reasonable times upon any property within the Borough to
inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this chapter.
B.
Industrial activity and construction discharges. This section applies
to all facilities that have stormwater discharges associated with
industrial activity, including construction activity. Any person subject
to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance
with said permit may be required in a form acceptable to the Borough
prior to the allowing of discharges to the MS4.
(1)
Access to facilities.
(a)
The Borough shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the Borough.
(b)
Facility operators shall allow the Borough ready access to all
parts of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of an
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
(c)
Any temporary or permanent obstruction to safe and easy access
to the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Borough and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(2)
Borough rights.
(a)
The Borough shall have the right to set up on any permitted
facility such devices as are necessary, in the opinion of the Borough,
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(b)
The Borough has the right to require the discharger to install
monitoring equipment as necessary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at its own expense. All devices used to
measure stormwater flow and quality shall be calibrated to ensure
their accuracy.
C.
No unreasonable delay. Unreasonable delays in allowing the Borough
access to any stormwater structures and/or related facilities is a
violation of a stormwater discharge permit and of this chapter. A
person who is the owner/operator of a property, a facility with an
NPDES permit to discharge stormwater, or any stormwater structure
or facility commits an offense if the person unreasonably delays or
denies the Borough reasonable access to the property and/or facility
for the purpose of conducting any activity authorized or required
by this chapter.
A.
The landowner or the owner's designee (including the municipality
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
B.
Inspections should be conducted during or immediately following precipitation
events. A written inspection report shall be created to document each
inspection. The inspection report shall contain the date and time
of the inspection, the individual(s) who completed the inspection,
the location of the BMP, facility or structure inspected, observations
on performance, and recommendations for improving performance, if
applicable. Inspection reports shall be submitted to the municipality
within 30 days following completion of the inspection.
A.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 460-15.
B.
It shall be unlawful to violate any section(s) of this chapter.
C.
In addition to the enforcement processes and penalties provided herein,
any condition caused or permitted to exist in violation of any of
the provisions of this chapter, is declared and deemed a public nuisance.
Where such condition constitutes a threat to public health, safety,
welfare or the environment, it may be summarily abated or restored
at the violator's expense, and/or a civil action to abate, enjoin,
or otherwise compel the cessation of such nuisance may be taken, as
set forth in this chapter.
A.
Suspension in emergency situations. The Borough, without prior notice,
may issue an order to suspend MS4 discharge access to a person when
such suspension is necessary to stop an actual or threatened discharge
which presents or may present imminent and substantial danger to the
environment, or to the health, safety or welfare of persons, or to
the MS4 or waters of the Commonwealth of Pennsylvania. If the violator
fails to comply with an order issued in an emergency, the Borough
may take such steps as deemed necessary to prevent or minimize damage
to the MS4 or waters of the Commonwealth of Pennsylvania, or to minimize
danger to persons, including, without limitations, entering the property
for the purpose of disconnecting and/or performing emergency maintenance
or repairs to storm sewers. In the event the Borough must disconnect
or perform emergency maintenance and/or repairs, the Borough may file
and attach a municipal lien on the property which is causing illicit
discharge.
B.
Reconnection prohibited. A person commits an offense if the person
reconnects premises to the MS4 system once suspended pursuant to this
section, without prior Borough written approval issued by an authorized
representative of the Borough.
[Added 8-18-2022 by Ord. No. 772[1]]
A.
Inspections regarding compliance with the SWM site plan are a responsibility
of the municipality.
B.
Notice of violation. Whenever the Borough finds that a person has
violated a prohibition or failed to meet a requirement of this chapter
or a permit issued hereunder, the Borough shall issue a written notice
of violation (NOV) to the property owner and/or operator. Such NOV
shall set forth basis and nature of the violation(s), section(s) violated,
and shall identify the property and shall require response from the
recipient.
C.
Orders.
(1)
Where the Borough has identified a violation, it may order compliance
by written order to the responsible person(s), including a property
owner or operator. Such order may require, without limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(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;
and
(f)
The implementation of source control or treatment BMPs.
(2)
If abatement of a violation and/or restoration of affected property
is required, the order may set forth a deadline within which such
action(s) must be completed.
(3)
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 does not prevent the Borough 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.
D.
Termination of discharge. Any person discharging to the MS4 in violation
of this chapter may have their MS4 access terminated if such termination
would abate a threat to public safety, health or the environment or
would terminate an illicit discharge. The Borough will notify a violator
of the proposed termination of its MS4 access.
E.
Appeals.
(1)
Any person receiving an order from the Borough may appeal to the
Borough Council within 30 days from the date of the order. A hearing
on the appeal before the Borough Council or its designee shall take
place within 15 days from the date of receipt of the notice of appeal.
(2)
Any person aggrieved by any decision of the Borough, relevant to
the provisions of this chapter, may appeal to the Cumberland County
Court of Common Pleas within 30 days of the Borough's decision.
F.
Borough action after appeal.
(1)
Cost of abatement of violation. If the violation has not been corrected
pursuant to the requirements set forth in the order, or, in the event
of an appeal, within 15 days of the hearing representative's decision
upholding the decision of the Borough, then representatives of the
Borough may enter upon the subject private property and may take any
and all measures necessary to abate the violation and/or restore the
property. It shall be unlawful for any person, owner, agent, or person
in possession of any premises to refuse to allow the Borough or designated
contractor to enter upon the premises for the purposes set forth above.
(2)
Notice of cost of abatement. Within 30 days after abatement of the
violation, the owner of the property will be notified of the cost
of abatement, including administrative costs. The property owner may
thereafter file a written protest objecting to the amount of the assessment
within 30 days. If the amount due is not paid within a timely manner
as determined by the decision of the Borough or by the expiration
of the time in which to file an appeal, the charges shall become a
special assessment against the property and shall constitute a municipal
lien on the property for the amount of the assessment.
(3)
Payment of abatement costs. Any person violating any of the provisions
of this article shall become liable to the Borough by reason of such
violation. The liability shall be paid in not more than 12 equal payments.
Interest at the rate of 12% per annum shall be assessed on the balance
beginning on the first day following discovery of the violation.
A.
Any approval or permit issued by the Borough pursuant to this chapter
may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision of the approved
SWM plan or O&M agreement.
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
C.
An approval that has been revoked by the Borough cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Borough may provide a limited
time period for the owner to correct the violation. In these cases,
the Borough will provide the owner, or the owner's designee, with
a written notice of the violation and the time period allowed for
the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the Borough may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this chapter.
A.
Civil penalties. Any person, partnership or corporation who or which
has violated the provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Borough, pay a civil penalty of not more than $1,000 per violation,
per day. If the defendant neither pays nor timely appeals the civil
penalty assessment, the Borough may enforce the penalty pursuant to
applicable laws and rules of civil procedure. Each day that a violation
continues shall constitute a separate violation, unless the Magisterial
District Judge determining that there has been a violation and the
extent to which a fine is appropriate. The Cumberland County Court
of Common Pleas, upon petition, may grant an order of stay, upon cause
shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
B.
Injunctive relief. It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
chapter. The Borough may institute injunctive, mandamus, or any other
appropriate action or proceeding at law or in equity for the enforcement
of this chapter and to restrain actions that would create further
violation(s) or compelling action to terminate, abate, or remediate
violation.
C.
Criminal prosecution. Any person that has violated or continues to
violate this any section of this chapter may be subject to criminal
prosecution to the fullest extent of the law, and may be subject to
a criminal penalty of up to $1,000 per violation per day and/or imprisonment
for a period of time not to exceed 90 days.
D.
Attorney fees and costs. The Borough may recover all attorney's fees,
court costs and other expenses associated with enforcement of this
article, either criminal or civil, including sampling and monitoring
expenses or other costs of investigation.
E.
Remedies not exclusive. The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the Borough
to seek cumulative remedies.
In the event that an owner, subdivider, developer or his agent fails to comply with the requirements of this chapter, or fails to conform to the requirements of any permit issued thereunder, the Borough shall provide written notification of violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Upon failure to comply within the time specified, the owner, subdivider, developer or his agent shall be subject to the penalty provisions of this chapter (§ 460-69) or other penalty provisions contained in the subdivision and land development ordinance, where applicable.
A.
Any person aggrieved by any action of the Borough or its designee,
relevant to the provisions of this chapter, may appeal to the Borough
within 30 days of that action.
B.
Any person aggrieved by any decision of the Borough relevant to the
provisions of this chapter may appeal to the County Court of Common
Pleas in the county where the activity has taken place within 30 days
of the Borough's decision.
