A.
Upon presentation of proper credentials, duly authorized representatives 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 Part 2.
B.
Persons working on behalf of the municipality shall have the right
to temporarily locate on or in any stormwater control or BMP in the
municipality such devices as are necessary to conduct monitoring and/or
sampling of the discharges from such stormwater control or BMP.
A.
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this Part 2, the municipality 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 controls and BMPs; and
(7)
Operation and maintenance of stormwater controls and BMPs.
B.
Such notification shall set forth the nature of the violation(s)
and establish a time limit for correction of these violations(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 municipality or designee, and the expense
thereof shall be charged to the violator.
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;
(2)
A violation of any provision of this Part 2 or any other law or regulation applicable to the regulated activity;
(3)
The creation of any condition or the commission of any act during
construction or development that constitutes or creates a hazard or
nuisance, pollution, or endangers the life, health, or property of
others.
B.
Prior to revocation or suspension of a permit and at the request
of the applicant, the governing body shall schedule a hearing to discuss
the noncompliance if there is no immediate danger to life, public
health, or property. The expense of a hearing shall be the applicant's
responsibility.
C.
A suspended permit or approval may be reinstated by the municipality
when:
A.
Any person violating the provisions of this Part 2 shall be subject to a fine as established by the municipality for each violation, recoverable with costs. Each day that the violation continues shall constitute a separate offense, and the applicable fines are cumulative.
B.
In addition, the municipality may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Part 2. 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.
In the event that a person fails to comply with the requirements of this Part 2 or fails to conform to the requirements of any permit issued hereunder, and the municipality chooses to pursue enforcement action, the municipality will provide written notification of the violation. Such notification will state the nature of the violation(s) and establish a time limit for correction of these violation(s). Failure to comply within the time specified will subject such person to the penalty provisions of this Part 2. All such penalties will be deemed cumulative and shall not prevent the municipality from pursuing any and all remedies. It shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring, or has occurred to comply with the terms and conditions of this Part 2.
The municipal governing body is hereby authorized and directed to enforce all of the provisions of this Part 2. All inspections regarding compliance with the SWM site plan shall be the responsibility of the municipality or its designee.
A.
A set of design plans approved by the municipality shall be on file
and available for viewing at the site throughout the duration of the
construction activity. Periodic inspections may be made by the municipality
or its designee during construction.
B.
It shall be unlawful for any person, firm, or corporation to undertake any regulated activity under § 281-20 on any property except as provided for in the approved SWM site plan and pursuant to the requirements of this Part 2. It shall be unlawful to alter or remove any control structure required by the SWM site plan pursuant to this Part 2 or to allow the property to remain in a condition that does not conform to the approved SWM site plan.
C.
At the completion of the project and as a prerequisite for the release
of the performance guarantee, the owner or his representatives shall:
(1)
Provide a certification of completion from an engineer, architect,
surveyor, or other qualified person verifying that all stormwater
facilities have been constructed according to the plans and specifications
and approved revisions thereto.
D.
After receipt of the certification by the municipality, a final inspection shall be conducted by the municipality or its designee to certify compliance with this Part 2.
E.
An occupancy permit will not be issued unless the certification of completion pursuant to § 281-69C(1) has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land developments in the municipality.
