Upon presentation of proper credentials, duly authorized representatives of the municipality may enter at reasonable times upon any property within the municipality to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
The East Hempfield Township Board of Supervisors is hereby authorized and directed to enforce all of the provisions of this chapter.
A. 
Any permit or approval issued by the Township pursuant to this chapter may be suspended by the Township for:
(1) 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
(2) 
A violation of any provisions 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 construction or development that constitutes or creates a hazard, nuisance, pollution or endangers the life or property of others.
B. 
A suspended permit may be reinstated by the Township when:
(1) 
The Township has inspected and approved the corrections to the violation that caused the suspension;
(2) 
The Township is satisfied that the violation has been corrected.
A. 
It shall be a violation of this chapter to commit or to permit any other person to commit any of the following acts:
(1) 
To commence any land disturbance for which this chapter requires a permit or plan approval prior to obtaining a permit or plan approval or in violation of the terms or conditions of any permit or plan approval issued under this chapter.
(2) 
To install, repair, modify or alter stormwater management facilities prior to obtaining a permit under this chapter or in a manner which violates the terms and conditions of any permit or plan approval issued under this chapter.
(3) 
To misuse or fail to maintain any stormwater management facility installed upon a property.
(4) 
To construct any improvements upon, grade, fill, or take any other action which will impair the proper functioning of any stormwater management facility.
(5) 
To place intentionally false information on or intentionally omit information from an application for a permit or plan approval under this chapter.
(6) 
To fail to comply with any other provisions of this chapter.
B. 
Enforcement response. The Township will be responsible for categorizing and/or tracking the categorization of a violation and/or failure to comply with any provisions of this chapter. The Township determines if a violation is considered repetitive, or a violation that is similar in nature to a previously identified violation. East Hempfield Township has established multiple enforcement levels and corresponding actions as a response for failure to comply and/or a violation of any provision of this chapter, including illegal dumping and illicit discharges/connections.
(1) 
Enforcement levels.
(a) 
Enforcement is applied in numerical order of the enforcement plan levels for a violation:
[1] 
Level 1: Educational outreach and voluntary compliance encouragement.
[2] 
Level 2: A notice of violation (NOV) is issued.
[3] 
Level 3: A second NOV is issued and includes a monetary penalty of not less than $100 and not more than $600 (first-time Level 3 enforcement).
[4] 
Civil litigation.
(b) 
Applications of enforcement levels.
[1] 
First-time violations are provided Level 1 enforcement action. Level 1 enforcement includes direct communication and voluntary compliance encouragement. A date and/or timeframe for completion of actions necessary to correct the violation are established by East Hempfield Township.
[2] 
Level 2 enforcement is applied for a violation that is repetitive and/or corrective actions have not been undertaken as outlined by East Hempfield Township for a Level 1 enforcement activity.
[3] 
Level 3 enforcement is undertaken for a violation that is repetitive and/or corrective actions have not been undertaken as outlined by East Hempfield Township through both Level 1 and Level 2 enforcement activities.
[4] 
Civil litigation is considered escalated enforcement and undertaken for a violation where corrective actions have not been completed as outlined by East Hempfield Township through Level 3 enforcement activities.
(2) 
Enforcement responses.
(a) 
Enforcement is applied through the following:
[1] 
Compliance order/letter: A compliance order/letter is used for Level 1 enforcement actions. The order/letter directs the user to achieve or return to compliance by a specified date. This order is most appropriate for a first-time violation, outlines recommended strategies to correct the violation, and encourages actions to correct the violation. The order/letter provides the user with an opportunity to correct noncompliance on its own initiative. It may be issued to require a user to implement best management practices, waste minimization, spill prevention programs or erosion control plans. The milestones set in the compliance order/letter are tracked to determine if escalated enforcement actions are needed.
[2] 
Notice of violation (NOV): A notice of violation (NOV) is used for Level 2 enforcement actions. An NOV is any official communication from East Hempfield Township to the noncompliant user which informs the user that a violation has been recorded. An NOV is an appropriate response to violations that are determined repetitive and/or corrective action milestones outlined in a compliance order/letter have not been met. The NOV provides the user with an opportunity to correct noncompliance on its own initiative if used for Level 2 enforcement actions, and includes milestones for completion of corrective actions. An NOV documents East Hempfield Township second and final attempt to resolve the noncompliance and, should circumstances require a more stringent approach, the NOV establishes a basis for escalation of enforcement actions to Level 3 enforcement according to the ordinance in a nonarbitrary manner. The NOV will be sent by first class mail.
[3] 
Notice of violation (NOV) with monetary penalty: A notice of violation (NOV) with monetary penalty is used for Level 3 enforcement actions. An NOV is any official communication from East Hempfield Township to the noncompliant user which informs the user that a violation has been recorded. An NOV with monetary penalty is an appropriate response to violations that are determined repetitive (Level 3 enforcement actions have been previously applied) and/or corrective action milestones outlined in a compliance order/letter (Level 1 enforcement) and NOV (Level 2 enforcement) have not been met. The NOV provides the user with an opportunity to correct noncompliance on its own initiative, but includes a monetary penalty of not less than $100 and not more than $600 when used for first-time Level 3 enforcement actions and includes milestones for completion of corrective actions. An NOV with monetary penalty documents East Hempfield Township the final attempt to resolve the noncompliance and, should circumstances require a more stringent approach, the NOV establishes a basis for escalation of enforcement actions beyond Level 3 enforcement. The NOV with monetary penalty will be sent by first class mail. East Hempfield Township may complete corrective actions if milestones set forth in an NOV with monetary penalty are not met, and pursue escalated enforcement if such corrective actions are completed by East Hempfield Township.
[4] 
Civil litigation: Civil litigation is used for escalated enforcement beyond Level 3 enforcement actions and/or pursued to recover costs associated with East Hempfield Township completing corrective actions. Civil litigation is the formal process of filing lawsuits against users to secure court ordered action to correct noncompliance and to secure penalties for violations including the recovery of East Hempfield Township costs related to the noncompliance. This process is normally pursued when the required corrective action has not been taken by the user, the penalty to be assessed exceeds that which East Hempfield Township can assess administratively through an NOV with monetary penalty, or when the user is recalcitrant and unwilling to cooperate. Civil litigation includes enforcement measures which require involvement or approval by the court system, such as injunctive relief and settlement agreements. East Hempfield Township will seek or assess civil penalties in at least the amount of $600 per day for each violation by a user. East Hempfield Township shall seek judgement for the penalties imposed together with additional daily penalties for continuing violations plus all court costs, including the reasonable attorney's fees incurred by East Hempfield Township in the enforcement proceedings.
(3) 
Level 3 enforcement monetary escalation.
(a) 
An NOV with monetary penalty (Level 3 enforcement) includes an increased monetary penalty for repetitive violations where Level 3 enforcement has been applied previously and the user has completed corrective actions within the milestones set forth in the previous NOV. Escalation of monetary penalties for repetitive violations at Level 3 enforcement is:
[1] 
Second NOV with monetary penalty of not less than $100 and not more than $600.
[2] 
Third and subsequent NOV with monetary penalty of not less than $100 and not more than $600.
A. 
Any person aggrieved by any administrative action of the Township may appeal to the East Hempfield Township Board of Supervisors within 30 days of that action. Any such appeal shall be governed by the procedures of Article V of the Local Agency Law, 2 Pa.C.S.A. 401 et seq.
B. 
Any person aggrieved by any decision of the East Hempfield Township Board of Supervisors may appeal to the Lancaster County Court of Common Pleas, in accordance with Article VII of Local Agency Law, 2 Pa.C.S.A. 701 et seq. the Local Agency Law, within 30 days of that decision.
A. 
The provisions of this chapter not relating to water quality are intended as minimum standards for the protection of the public health, safety, and welfare. The Township reserves the right to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of this chapter, and that the applicant shows that to the satisfaction of the Township that the applicable regulation is unreasonable, or will cause undue hardship, or that an alternative proposal will allow for equal or better results. The list of such modifications, along with an explanation of and justification for each modification, shall be included on the plan. This section does not apply during an enforcement action.
B. 
In granting waivers/modifications for provisions of this chapter not relating to water quality, the Township may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.