A.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Part 2. It is unlawful for any person to modify, remove, fill, landscape, or alter any approved SWM BMPs, facilities, areas, or structures without the written approval of the City. Any person who has violated or continues to violate the provisions of this Part 2 may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
B.
In the event the violation constitutes an immediate danger to public
health or public safety, the City is authorized to enter upon the
subject private property, without giving prior notice, to take any
and all measures necessary to abate the violation and/or restore the
property. The City is authorized to seek costs of the abatement as
outlined in this Part 2.
When the City finds that any person has violated, or continues to violate, any provision of this Part 2, or any order issued under this Part 2, the City may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the City to take any action, including emergency action or any other enforcement action, without first issuing a warning notice.
Whenever the City finds that a person has violated a prohibition
or failed to meet a requirement of this Part 2, the City may order
compliance by written notice of violation to the responsible person.
A.
The notice of violation shall contain:
(1)
The name and address of the alleged violator;
(2)
The address when available or a description of the building, structure
or land upon which the violation is occurring, or has occurred;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to restore compliance
with this Part 2 and a time schedule for the completion of such remedial
action;
(5)
A statement of the penalty or penalties that shall or may be assessed
against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed to
the City by filing a written notice of appeal within three days of
service of notice of violation; and
(7)
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by the City or a designated contractor and the expense shall
be charged to the violator.
B.
Such notice may require without limitations:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The 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;
and
(6)
The implementation of source control or treatment BMPs.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Part 2, the City may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
A.
Any approval or permit issued by the City may be suspended or revoked
for:
(1)
Noncompliance with or failure to implement any provision of an approved
SWM site plan or O&M agreement.
(2)
A violation of any provision of this Part 2 or any other applicable
law, ordinance, rule, or regulation relating to a regulated activity.
(3)
The creation of any condition or the commission of any act 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 City cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this Part 2.
D.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the City may provide a limited
time period for the owner to correct the violation. In these cases,
the City 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 City may revoke or suspend any,
or all, applicable approvals and permits pertaining to any provision
of this Part 2.
E.
The City may, without prior notice, suspend MS4 discharge access
when it 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 or welfare of persons, or to the MS4 or water of
the commonwealth.
A.
In the event the alleged violator fails to take the remedial measures
set forth in the notice of violation or otherwise fails to cure the
violations described therein within seven calendar days, or such greater
period as authorized by the City shall deem appropriate, after the
City has taken one or more of the actions described above, the City
may impose a penalty.
B.
Anyone violating the provisions of this Part 2 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.
Each calendar day after receipt of the notice of violation that the
violation remains unremedied shall be a separate offense and penalties
shall be cumulative.
C.
In addition, the City may institute injunctive, mandamus, or any
other appropriate action or proceeding at law or in equity for the
enforcement of this Part 2. 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.
Any person that has violated or continues to violate this Part
2 shall be liable to criminal prosecution to the fullest extent of
the law, and shall be subject to a criminal penalty of $1,000 per
violation per day and/or imprisonment for a period of time not to
exceed five days. Each act of violation and each day upon which any
violation shall occur shall constitute a separate offense.
A.
Any person receiving a notice of violation may appeal the determination
of the City. The notice of appeal must be received within three calendar
days from the date of the notice of violation. Hearing on the appeal
before Council, or Council's designee, shall take place within three
business days from the date of receipt of the notice of appeal. The
decision of Council, or Council's designee, shall be final.
B.
Any person aggrieved by any decision of the City, relevant to the
provisions of this Part 2, may appeal to the Westmoreland County Court
of Common Pleas within 30 days of the City's decision.
In the event of an appeal if the violation has not been corrected,
in accordance with the requirements set forth in the notice of violation,
within five business days of the decision of Council or Council's
designee upholding the decision of the City, then representatives
of the City shall enter upon the subject private property and are
authorized to 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 City or designated contractor to enter upon the premises
for the purposes set forth above.
Within 30 calendar 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 file a written protest
objecting to the amount of the assessment within five calendar days.
The City shall respond in writing within five business days to the
written protest of the property owner with a final determination.
If the amount due is not paid within a 30 calendar days or by the
expiration of the time in which to file an appeal, the charges shall
be a special assessment against the property and shall constitute
a lien on the property for the amount of the assessment.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provision of this Part 2 is a threat to public health, safety,
and welfare, and is declared and deeded a nuisance, and 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.
A.
The remedies listed in this Part 2 are not exclusive of any other
remedies available under any applicable federal, state or local law
and it is within the discretion of the City to seek cumulative remedies.
B.
The City may recover all attorney's fees, court costs and other expenses
associated with enforcement of this Part 2, including sampling and
monitoring expenses.
