A.
Any regulated activity conducted in the violation of any provision
of this chapter is hereby deemed a public nuisance.
B.
Each day that a violation continues shall constitute a separate violation.
C.
A separate violation will be found to exist for each section of this
chapter found to have been violated.
D.
To the extent that the Township does not enforce any provision of
this chapter, such action or inaction shall not constitute a waiver
by the Township of its rights of future enforcement hereunder.
A.
Upon presentation of proper credentials, duly authorized officers
or agents of the Township may enter at reasonable times upon any property
within the Township to inspect the implementation, condition, or operation
and maintenance of all erosion and sediment controls and permanent
stormwater BMPs, conveyances, or other stormwater management facilities
both during and after completion of a regulated activity, or for compliance
with any requirement of this chapter.
B.
Persons working on behalf of the Township shall have the right to
temporarily locate on or in any BMP, conveyance or other stormwater
management facility in the Township such devices as are necessary
to conduct monitoring and/or sampling of the discharges from such
BMP or conveyance, or other stormwater facilities.
C.
Failure of the landowner or representative to grant access to the
Township within 24 hours of notification, verbal or written, is a
violation of this chapter.
A.
The Township Engineer or other designee is hereby authorized and
directed to enforce all of the provisions of this chapter. The Board
of Supervisors may delegate enforcement duties, including the initial
determination of ordinance violation and service of notice, if notice
is given, to such other officers or agents as the Township shall deem
qualified for that purpose.
B.
It shall be the responsibility of the landowner of the real property
on which any regulated activity is proposed to occur, is occurring,
or has occurred to comply with the applicable terms and conditions
of this chapter.
C.
All Township inspections for compliance with the approved SWM site
plan shall be the responsibility of the Township or its designee.
D.
During any stage of the work of any regulated activity, if the Township
Engineer or other designee determines that the erosion and sediment
control measures, permanent BMPs, conveyances or other stormwater
facilities are not being installed or maintained in accordance with
the approved SWM site plan, the Township may suspend or revoke any
existing permits or other approvals until the deficiencies are corrected
or until a revised SWM site plan is submitted and approved, if and
as determined to be necessary by the Township Engineer or other designee.
E.
In the event that the Township Engineer or other designee finds that
a person has violated a provision of this chapter, or fails to conform
to the requirements of any permit or approval issued by the Township,
or any O&M plan or O&M agreement approved by the Township,
the Township may order compliance by written notice of the violation
to the landowner.
F.
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
and/or forfeiture of financial security;
(6)
Implementation of stormwater controls, BMPs, and conveyances;
and
(7)
Operation, maintenance or repair of BMPs, conveyances or other
stormwater facilities.
G.
Such notice shall set forth the nature of the violation(s), citing to specific sections of this chapter which have not been met, and establish a time limit for commencement of correction and completion of correction of the violations(s). The notice shall provide for a right of the landowner's appeal to the Board of Supervisors in accordance with § 170-906 of this chapter. Said notice shall further advise that, if applicable, should the violator fail to take the required action within the established deadline, possible sanctions, clearly described, may be imposed, or the work may be done by the Township or designee, and the expense thereof shall be charged to the violator.
H.
Failure to comply within the time specified in such notice shall
also subject such person 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.
A.
Any building, land development, or other permit or approval issued
by the Township may be suspended or revoked by the Township for:
(1)
Noncompliance with or failure to implement any provision of
the permit or approved SWM site plan or O&M agreement;
(2)
A violation of any provision of this chapter or any other law
or regulation applicable to the regulated activity;
(3)
The creation of any condition or the commission of any act during
the regulated activity that constitutes or creates a hazard or nuisance,
or endangers the life, health, safety, or property of others; or
(4)
Failure to correct a violation within the allowed time period
allowed per notice given by the Township.
B.
Prior to revocation or suspension of a permit, unless there is immediate
danger or threat of such danger to life, public health or property,
at the request of the applicant, the Board of Supervisors shall schedule
a hearing on the violation and proposed revocation or suspension,
pursuant to public notice. The expense of a hearing shall be the applicant's
responsibility.
C.
A suspended permit or approval may be reinstated by the Township
when:
D.
A permit or approval that has been revoked by the Township cannot
be reinstated. The applicant may apply for a new permit or approval
in accordance with this chapter.
A.
Any person violating or permitting the violation of the provisions
of this chapter shall be subject to a fine pursuant to the East Whiteland
Township Zoning[1] or Subdivision and Land Development Ordinance[2] for each violation, recoverable with costs. The establishment
of a violation for purposes of setting fines or penalties for such
violation shall be in accordance with a citation to a magisterial
district judge with jurisdiction and venue over the location of the
violation and such an action will be subject to the procedures provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. A separate offense shall arise for each day
or portion thereof a violation is found to exist and may be determined
for each section of this chapter which is found to have been violated.
B.
In addition, the Township may, through its Solicitor, 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 legal or equitable forms
of remedy or relief. Such relief may include costs, fees, and charges,
including the Township Attorney's fees (charged at the hourly rate
approved by the Board of Supervisors) and costs, as may be permitted
by law.
C.
Notwithstanding any other provision of this chapter, the Township
shall have the right at any or all times deemed necessary by the Township
Engineer or designee to enter upon any property within the Township
to inspect and, upon determination of a violation of this chapter,
to correct the violation, with all expenses associated with correcting
the violation to be charged to the property owner responsible for
the violation.
A.
Any person aggrieved by any action of the Township Engineer or other
designee relative to the provisions of this chapter may appeal to
the Board of Supervisors within 30 days of that action.
B.
Any person aggrieved by any decision of the Board of Supervisors
relative to the provisions of this chapter may appeal to the County
Court of Common Pleas of Chester County, Pennsylvania, within 30 days
of the Board of Supervisor's decision.
This chapter shall take effect on 11-14-2022.
