Stormwater management (SWM) best management practices (BMPs)
should be inspected for proper operation by the landowner, or the
owner's designee (including the Township for dedicated and owned
facilities), according to the following list of minimum frequencies:
A. Annually for the first five years;
B. Once every three years thereafter;
C. During or immediately after the cessation of a ten-year-or-greater
storm; and/or
D. As specified in the operations and maintenance (O&M) agreement.
All inspections regarding compliance with the stormwater management
(SWM) site plan and this chapter shall be the responsibility of the
Township.
A. Public nuisance.
(1) The violation of any provision of this chapter is hereby deemed a
public nuisance.
(2) Each day that a violation continues shall constitute a separate violation.
B. Whenever the 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, 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.
C. 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 Township and the expense may be charged
to the violator.
D. Failure to comply within the time specified may subject a violator
to the penalty provisions of this chapter. All such penalties shall
be deemed cumulative and shall not prevent the Township from pursuing
any and all other remedies available in law or equity.
Any person aggrieved by any action of the Township or its designee,
under this chapter, may appeal to the appropriate judicial or administrative
body according to applicable Pennsylvania law.