Upon presentation of proper credentials, the Borough or its designated agent may enter at reasonable times upon any property within the Borough to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Part 1.
A.
For regulated activities that result in cumulative earth disturbances of one acre or more, 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 1 according to the following frequencies, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended:
(1)
Annually for the first five years.
(2)
Once every three years thereafter.
(3)
During or immediately after the cessation of a ten-year or greater
storm.
(a)
Inspections should be conducted during or immediately following
precipitation events if the BMP design parameters include dewatering
within a specified amount of time.
(b)
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.
B.
For regulated activities that result in cumulative earth disturbances of less than one acre, 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 1 during or immediately following precipitation events, at a minimum, to ensure the BMPs, facilities and/or structures continue to function as intended. No written report is required to be submitted to the Borough, except in the case of repairs or restoration being required.
A.
Any approval or permit issued by the Borough pursuant to this Part 1 may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision of
the approved SWM site plan or O&M agreement.
(2)
A violation of any provision of this Part 1 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, nuisance,
pollution, or endangers the life or property of others.
C.
An approval that has been revoked by the Borough cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part 1.
D.
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 1.
A.
Anyone violating the provisions of this Part 1 shall be guilty of a summary offense, and, upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
B.
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 1. 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.
