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.
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.
Persons working on behalf of the municipality shall have the right
to temporarily locate on or in any BMP, conveyance or other stormwater
management facilities 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.
The Township Engineer or other Township designated official 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 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.
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.
The Municipal Engineer or other designee may issue a written
stop-work order when it is determined that construction violates this
chapter or is being performed in a noncompliant, dangerous or unsafe
manner. The stop-work order is to contain the reasons for the order
and list the required conditions for construction to resume.
The Municipal Engineer or other designee shall serve the stop-work
order to the permit owner or the owner's agent by certified mail,
or place it at a prominent location on the site or deliver it by personal
service.
A person who continues construction after service of a stop-work order, except for construction work that is necessary to remove a violation or an unsafe condition, may be subject to the penalties under § 194-1005 of this chapter. The Municipal Engineer or other designee may seek enforcement of a stop-work order in court of competent jurisdiction.
The Municipal Engineer or other designee shall discuss the results
of the inspection and the chapter violations with the permit holder
at the completion of the inspection.
Notice of violation. The Municipal Engineer or other designee shall
issue a stop-work order and follow the following procedures if any
inspection reveals a violation of this chapter:
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
and new permits are issued, if and as determined to be necessary by
the Municipal Engineer or other designee.
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.
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 municipal governing body in accordance with § 194-1006 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.
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.
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
The Municipal Engineer or other designee has inspected and approved
the corrections to the BMPs, conveyances or other stormwater management
facilities, or the elimination of the hazard or nuisance; and
If any applicant believes that their permit was unjustly suspended
or revoked, they may request a hearing, pursuant to public notice,
before the municipality's governing body for reinstatement. The expense
of a hearing shall be the applicant's responsibility if the suspension
or revocation was found to be justified.
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.
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.
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.
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.
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.
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.