A. 
Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality 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.
B. 
Stormwater control and BMP owners and operators shall allow persons working on behalf of the municipality ready access to all parts of the premises for the purposes of determining compliance with this Part 2.
C. 
Persons working on behalf of the municipality shall have the right to temporarily locate on any stormwater control or BMP in the municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.
D. 
Unreasonable delays (over 24 hours) in allowing the municipality access to a stormwater control or BMP is a violation of this section.
A. 
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this Part 2, the municipality 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 connections or discharges;
(3) 
Cessation of any violating discharges, practices, or operations;
(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;
(6) 
The implementation of stormwater controls and BMPs; and
(7) 
Operation and maintenance of stormwater controls and BMPs.
B. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(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 municipality or designee and the expense thereof shall be charged to the violator.
C. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this Part 2. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.
A. 
Any building, land development or other permit or approval issued by the municipality may be suspended or revoked, in whole or in part, by the municipality for:
(1) 
Noncompliance with or failure to implement any provision of the permit;
(2) 
A violation of any provision of this Part 2 or any other applicable law, ordinance, rule or regulations relating to the regulated activity.
(3) 
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.
B. 
A suspended permit or approval may be reinstated by the municipality, in whole or in part, when:
(1) 
The municipality or designee has inspected and approved the corrections to the stormwater controls and BMPs, or the elimination of the hazard or nuisance, and/or
(2) 
The municipality is satisfied that the violation of this Part 2, the ordinance, law, or rule and regulation has been corrected.
C. 
A permit or approval which has been revoked in whole or in part by the municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Part 2.
A. 
Any person violating the provisions of this Part 2 shall be subject to a fine of not less than $250 nor more than $1,000 for each violation, recoverable with costs. Each day that the violation continues shall constitute a separate offense and the applicable fines are cumulative.
B. 
The municipality may institute injunctive, mandamus, or any other appropriate action or proceeding at law in equity for the enforcement of this Part 2 with the court of competent jurisdiction to obtain restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
In the event that a person fails to comply with the requirements of this Part 2, or fails to conform to the requirements of any permit issued hereunder, the municipality will provide notification of the violation. After notice is provided, failure to correct violations in a timely manner may result in additional violations.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this Part 2. All inspections regarding compliance with the drainage plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the municipality.
A. 
No person shall modify, remove, fill, landscape or alter any SWM BMPs, facilities, areas, or structures, without the written approval of the municipality.
B. 
Upon presentation of proper credentials, the municipality may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Part 2.
C. 
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted from the requirement to submit a SWM site plan by this Part 2.
D. 
The developer shall be responsible for providing as-built plan of all SWM BMPs included in the approved SWM site plan. The as-built plans and an explanation of any discrepancies with the construction plans shall be submitted by the developer to the municipality.
E. 
The as-built submission shall include a certification of completion signed by a qualified professional verifying that all permanent SWM 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 municipality, the municipality may conduct a final inspection.
G. 
Inspections regarding compliance with the SWM site plan are a responsibility of the municipality.
H. 
The municipality may withhold an occupancy permit until a certificate of completion has been provided by the developer.
A. 
Any person aggrieved by any action of the [municipality] or its designee may appeal to [the municipality's governing body] within 30 days of that action.[1]
[1]
Editor's Note: So in original.
B. 
Any person aggrieved by any decision of [the municipality's governing body] may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the municipal decision.[2]
[2]
Editor's Note: So in original.