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 chapter.
A.
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:
B.
Inspections should be conducted during or immediately following precipitation events. A written inspection report shall be created to document each inspection and submitted to the municipality according to the schedule in the O&M plan. 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.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this chapter. All inspections regarding compliance with the SWM site plan shall be the responsibility of the Municipal Engineer or other qualified persons designated by the municipality.
A.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 184-13.
C.
A copy of the SWM site plan approved by the municipality shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the municipality or designee during construction.
D.
It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in § 184-13.
E.
Inspections regarding compliance with the SWM site plan during project construction are a responsibility of the municipality.
F.
A certificate of occupancy shall not be issued unless all requirements of this chapter have been met.
A.
Any approval or permit issued by the municipality pursuant to this chapter may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision of the approved SWM site plan or operation and maintenance agreement.
(2)
A violation of any provision 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 the regulated activity which constitutes or creates a hazard or nuisance, pollution, or which endangers the life or property of others.
C.
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
D.
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.
A.
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this chapter, 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)
The implementation of stormwater BMPs; and
(6)
Operation and maintenance of stormwater 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. Said notice shall state the penalty for failure to comply.
C.
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.
A.
Anyone violating the provisions of this chapter shall be guilty of a summary offense and, upon conviction, shall be subject to a fine of not more than $500 for each violation plus court costs and attorney fees. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
B.
In addition, the municipality, 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.
A.
Any person aggrieved by any action of the municipality, or its designee, relevant to the provisions of this chapter may appeal to the municipality within 30 days of that action.
B.
Any person aggrieved by any decision of the municipality, relevant to the above appeal of this chapter, may appeal to the Cumberland County Court of Common Pleas within 30 days of the municipality's decision.