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 municipality does not enforce any provision
of this chapter, such action or inaction shall not constitute a waiver
by the municipality of its rights of future enforcement hereunder.
A.
Upon presentation of proper credentials, duly authorized officers
or agents of the municipality may enter at reasonable times upon any
property within the municipality 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 municipality shall have the right
to temporarily locate on or in any BMP, conveyance, or other stormwater
management facility in the municipality 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
municipality within 24 hours of notification, verbal or written, is
a violation of this chapter.
A.
The Municipal Engineer or other designee is hereby authorized and
directed to enforce all the provisions of this chapter. The municipal
governing body may delegate enforcement duties, including the initial
determination of chapter violation and service of notice, if notice
is given, to such other officers or agents as the municipality 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 municipal inspections for compliance with the approved SWM site
plan shall be the responsibility of the municipality or its designee.
D.
During any stage of the work of any regulated activity, if the Municipal
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 municipality 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 Municipal Engineer or
other designee.
E.
In the event that the Municipal 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
municipality, or any O&M plan or O&M agreement approved by
the municipality, the municipality 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 the 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 municipal governing body in accordance with § 246-906 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 municipality 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 municipality 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 municipality may be suspended or revoked by the municipality
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 municipality.
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 municipality's governing
body 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 municipality
when:
D.
A permit or approval that has been revoked by the municipality 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 of not more than $1,000
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 municipality 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 municipality's attorney's
fees (charged at the hourly rate approved by the governing body of
the municipality) and costs, as may be permitted by law.
C.
Notwithstanding any other provision of this chapter, the municipality
shall have the right at any or all times deemed necessary by the Municipal
Engineer or designee to enter upon any property within the municipality
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 Municipal Engineer or other
designee relative to the provisions of this chapter may appeal to
the municipality's governing body within 30 days of that action.
B.
Any person aggrieved by any decision of the municipality's governing
body relative to the provisions of this chapter may appeal to the
County Court of Common Pleas in the County where the activity has
taken place within 30 days of the municipality's decision.
This chapter shall take effect on March 2, 2023.
