[Ord. No. 416, 9/29/2022]
1.
Upon presentation of proper credentials, the municipality or its
designated agent may enter at reasonable times upon any property within
the Township to inspect the implementation, condition or operation
and maintenance of the stormwater structures and facilities, or to
investigate or ascertain the condition of the subject property in
regard to any aspect regulated by this chapter.
2.
BMP owners and operators shall allow persons working on behalf of
Plainfield Township ready access to all parts of the premises for
the purposes of determining compliance with this chapter.
3.
Persons working on behalf of Plainfield Township shall have the right
to temporarily locate on any BMP in the Township such devices as are
necessary to conduct monitoring and/or sampling of the discharges
from such BMPS.
4.
Unreasonable delays in allowing Plainfield Township access to a BMP
is a violation of this Part.
[Ord. No. 416, 9/29/2022]
1.
Whenever Plainfield Township finds that a person has violated a prohibition
or failed to meet a requirement of this chapter, the Township may
order compliance by written notice to the responsible person. Such
notice may require the following, 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 BMPs.
G.
Operation and maintenance of stormwater BMPs.
2.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of the violation(s). Said
notice may further advise that, should the violator fail to take the
required action within the established deadline, the work will be
done by Plainfield Township or designee and the expense thereof, together
with all related lien and enforcement fees, charges and expenses,
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 chapter. 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.
[Ord. No. 416, 9/29/2022]
[Ord. No. 416, 9/29/2022]
1.
Any building, land development or other permit or approval issued
by Plainfield Township may be suspended or revoked by the Township
for:
A.
Noncompliance with or failure to implement any provision of the approved
SWM site plan or O&M agreement.
B.
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
C.
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution or which endangers the life or property of others.
2.
A suspended permit or approval may be reinstated by Plainfield Township
when:
A.
Plainfield Township or designee has inspected and approved the corrections
to the violations that caused the suspension.
B.
Plainfield Township is satisfied that the violation of the ordinance,
law or rule and regulation has been corrected.
C.
Payment of all Township fees, costs and expenses related to or arising
from the violation has been made.
3.
A permit or approval which has been revoked by Plainfield Township
cannot be reinstated. The applicant may apply for a new permit or
approval under the procedures outlined in this chapter.
4.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality 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 municipality
may revoke or suspend any, or all, applicable approvals and permits
pertaining to any provision of this chapter.
[Ord. No. 416, 9/29/2022]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
2.
In addition, Plainfield Township, through its Solicitor, may institute
injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this chapter. 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.
[Ord. No. 416, 9/29/2022]
Any person aggrieved by any action of Plainfield Township or
its designee relevant to the provisions of this chapter may appeal
using the appeal procedures established in the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
[Ord. No. 416, 9/29/2022]
1.
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:
2.
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.
[Ord. No. 416, 9/29/2022]
