[Ord. No. 1358, 9/12/2022]
1.
Upon presentation of proper credentials, the Borough or duly authorized
representatives of the Borough may enter at reasonable times upon
any property within the Borough to inspect the implementation, condition,
or operation and maintenance of the stormwater structures, facilities,
or BMPs in regard to any aspect governed by this Part.
2.
Landowners with stormwater facilities and BMPs on their property
shall allow persons working on behalf of the Borough ready access
to all parts of the premises for the purposes of determining compliance
with this Part.
3.
Persons working on behalf of the Borough shall have the right to
temporarily locate on any stormwater facility or BMP in the Borough
such devices as are necessary to conduct monitoring and/or sampling
of the discharges from such stormwater facilities or BMP.
[Ord. No. 1358, 9/12/2022]
1.
The landowner or the owner's designee (including the Borough
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this Part 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 Borough within
30 days following completion of the inspection.
[Ord. No. 1358, 9/12/2022]
1.
All inspections regarding compliance with the stormwater management
(SWM) site plan and this Part shall be the responsibility of the Borough.
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 § 26-215.
C.
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this Part, the Borough may order
compliance by written notice to the responsible person. Such notice
may, without limitation, require the following remedies:
(1)
Performance of monitoring, analyses, and reporting;
(2)
Elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices, or operations;
(4)
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)
Implementation of stormwater facilities and best management
practices (BMPs); and
(7)
Operation and maintenance (O&M) of stormwater facilities
and BMPs.
D.
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 Borough and the expense may be charged
to the violator.
E.
Failure to comply within the time specified may subject a violator
to the penalty provisions of this Part. All such penalties shall be
deemed cumulative and shall not prevent the Borough from pursuing
any and all other remedies available in law or equity.
[Ord. No. 1358, 9/12/2022]
1.
Any building, land development, or other permit or approval issued
by the Borough may be suspended or revoked, in whole or in part, by
the Borough 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 Part or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity;
or
C.
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, health, or property
of others.
3.
Any permit or approval that has been revoked by the Borough cannot
be reinstated. The applicant may apply for a new permit under the
procedures outlined in this Part.
4.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the Borough may provide a limited
time period for the owner to correct the violation. In these cases,
the Borough 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 Borough may revoke
or suspend any, or all, applicable approvals and permits pertaining
to any provision of this Part.
[Ord. No. 1358, 9/12/2022]
1.
Any person violating the provisions of this Part shall be subject
to penalties that may range from liens against the property to fine
of not 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.
2.
In addition, the Borough may institute injunctive, mandamus or any
other appropriate action or proceeding at law or in equity for the
enforcement of this Part. 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. 1358, 9/12/2022]
1.
As per the Pennsylvania Municipalities Planning Code (MPC), § 909.1(9),
any person aggrieved by any action pursuant to this Part may appeal
to the Borough within 30 days of that action.
2.
Any person aggrieved by any decision of the Borough, relevant to
the provisions of this Part, 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.
