[Ord. 2008-1, 4/1/2008, § 901]
1.
Upon presentation of proper credentials, duly authorized representatives
of the Township of Douglass may enter at reasonable times upon any
property within the Township of Douglass to inspect the implementation,
condition, or operation and maintenance of the stormwater controls
or BMPs in regard to any aspect governed by this Part.
2.
Stormwater control and BMP owners and operators shall allow persons
working on behalf of the Township of Douglass ready access to all
parts of the premises for the purposes of determining compliance with
this Part.
3.
Persons working on behalf of the Township of Douglass shall have
the right to temporarily locate on any stormwater control or BMP in
the Township of Douglass such devices as are necessary to conduct
monitoring and/or sampling of the discharges from such stormwater
control or BMP.
4.
Unreasonable delays (>24 hrs.) in allowing the Township of Douglass
access to a stormwater control or BMP is a violation of this Part.
[Ord. 2008-1, 4/1/2008, § 902]
[Ord. 2008-1, 4/1/2008, § 903]
1.
Whenever the Township of Douglass finds that a person has violated
a prohibition or failed to meet a requirement of this Part, the Township
of Douglass may order compliance by written notice to the responsible
person. Such notice may require, without limitation:
A.
The performance of monitoring, analyses, and reporting.
B.
The elimination of prohibited connections or discharges.
C.
Cessation of any violating discharges, practices, or operations.
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.
F.
The implementation of stormwater controls and BMPs.
G.
Operation and maintenance of stormwater controls and BMPs.
2.
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 Township of Douglass or designee and
the expense thereof shall be charged to the violator.
3.
Failure to comply within the time specified shall also subject such
person to the penalty provisions of this Part. All such penalties
shall be deemed cumulative and shall not prevent the Township of Douglass
from pursuing any and all other remedies available in law or equity.
[Ord. 2008-1, 4/1/2008, § 904]
1.
Any building, land development or other permit or approval issued
by the Township of Douglass may be suspended or revoked, in whole
or in part, by the Township of Douglass for:
A.
Noncompliance with or failure to implement any provision of the permit.
B.
A violation of any provision of this Part.
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 or property of
others.
2.
A suspended permit or approval may be reinstated by the Township
of Douglass, in whole or in part, when:
3.
A permit or approval which has been revoked, in whole or in part,
by the Township of Douglass cannot be reinstated. The applicant may
apply for a new permit under the procedures outlined in this Part.
[Ord. 2008-1, 4/1/2008, § 905; as amended by Ord.
2009-3, 8/31/2009]
1.
Any violation of the provisions of this Part shall be enforced by
action brought before a magisterial district judge in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure. The Township Solicitor may assume charge
of the prosecution without the consent of the District Attorney as
required by Pa.R.C.P. 454 (relating to trial in summary cases). Upon
conviction, the person 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 the violation continues shall be a separate
offense.
2.
In addition, the Township of Douglass, through its Solicitor, 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. The imposition of a fine or penalty for
any violation of, or noncompliance with, this Part shall not excuse
the violation or noncompliance, or permit it to continue, and all
such persons shall be required to correct or remedy such violations
and noncompliances.
[Ord. 2008-1, 4/1/2008, § 906]
In the event that a person fails to comply with the requirements
of this Part, or fails to conform to the requirements of any permit
issued hereunder, the Township of Douglass will provide notification
of the violation. After notice is provided, failure to correct violations
in a timely manner may result in additional violations.
[Ord. 2008-1, 4/1/2008, § 907]
1.
The Board of Supervisors is hereby authorized and directed to enforce
all of the provisions of this Part. All inspections regarding compliance
with the drainage plan shall be the responsibility of the Township
Engineer or other qualified persons designated by the Township of
Douglass.
A.
No person shall modify, remove, fill, landscape or alter any stormwater
management BMPs, facilities, areas, or structures, without the written
approval of the Township of Douglass.
B.
Upon presentation of proper credentials, the Township of Douglass
may enter at reasonable times upon any property within the Township
of Douglass to inspect the condition of the stormwater structures
and facilities in regard to any aspect regulated by this Part.
C.
It shall be unlawful for a person to undertake any regulated activity
except as provided in an approved stormwater management site plan,
unless specifically exempted from the requirement to submit a stormwater
management site plan by this Part.
D.
The developer shall be responsible for providing as-built plan of
all stormwater management BMPs included in the approved stormwater
management site plan. The as-built plans and an explanation of any
discrepancies with the construction plans shall be submitted by the
developer to the Township of Douglass.
E.
The as-built submission shall include a certification of completion
signed by a qualified professional verifying that all permanent stormwater
management BMPs have been constructed according to the approved plans
and specifications. If any licensed qualified professionals contributed
to the construction plans, then a licensed qualified professional
must sign the completion certificate.
F.
After receipt of the completion certificate by the Township of Douglass,
the Township of Douglass may conduct a final inspection.
G.
Inspections regarding compliance with the stormwater management site
plan are a responsibility of the Township of Douglass.
H.
The Township of Douglass may withhold an occupancy permit until a
certificate of completion has been provided by the developer.
[Ord. 2008-1, 4/1/2008, § 908]
1.
Any person aggrieved by any action of the Township of Douglass or
its designee may appeal to the Township of Douglass's Board of
Supervisors within 30 days of that action.
2.
Any person aggrieved by any decision of the Township of Douglass's
Board of Supervisors may appeal to the County Court of Common Pleas
in the county where the activity has taken place within 30 days of
the Township decision.
