[Ord. 429, 11/7/2006]
1. 
Upon presentation of proper credentials, duly authorized representatives of the Borough 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 Chapter.
2. 
Stormwater control and BMP owners and operators shall allow persons working on behalf of the Borough ready access to all parts of the premises for the purposes of determining compliance with this Chapter.
3. 
Persons working on behalf of the Borough shall have the right to temporarily locate on any stormwater control or BMP in the Borough such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater control or BMP.
4. 
Unreasonable delays in allowing the Borough access to a stormwater control or BMP is a violation of this Chapter.
[Ord. 429, 11/7/2006]
In the event that a person fails to comply with the requirements of this Chapter, or fails to conform to the requirements of any permit issued hereunder, the Borough shall provide written notification of the violation. Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this Chapter. All such penalties shall be deemed cumulative and present by the Borough 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 Chapter.
[Ord. 429, 11/7/2006]
1. 
Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Borough may order compliance by written notice to the responsible person. Such notice may, without limitation, require the following remedies:
A. 
Performance of monitoring, analyses and reporting.
B. 
Elimination of prohibited connections or discharges.
C. 
Cessation of any violating discharges, practices or operations.
D. 
Abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
E. 
Payment of a fine to cover administrative and remediation costs.
F. 
Implementation of stormwater controls and BMPs.
G. 
Operation and maintenance of stormwater controls and BMPs.
2. 
All inspections regarding compliance with the drainage plan shall be the responsibility of the Borough Engineer or other qualified persons designated by the Borough.
A. 
A set of design plans approved by the Borough shall be on file at the site throughout the duration of the construction activity. Periodic inspections may be made by the Borough or designee during construction.
B. 
Adherence to Approved Plan. It shall be unlawful for any person, firm or corporation to undertake any regulated activity under §23-104 on any property except as provided for in the approved drainage plan and pursuant to the requirements of this Chapter. It shall be unlawful to alter or remove any control structure required by the drainage plan pursuant to this Chapter or to allow the property to remain in a condition which does not conform to the approved drainage plan.
C. 
At the completion of the project, and as a prerequisite for the release of the performance guarantee, applicant shall:
(1) 
Provide a certification of completion from an engineer, surveyor or other qualified person verifying that all permanent facilities have been constructed according to the plans and specifications and approved revisions thereto.
(2) 
Provide a set of as-built (record) drawings.
D. 
After receipt of the certification by the Borough, a final inspection shall be conducted by the Borough Engineer or designated representative to certify compliance with this Chapter.
3. 
Suspension and Revocation of Permits.
A. 
Any permit issued under this Chapter may be suspended or revoked by the Borough Council for:
(1) 
Noncompliance with or failure to implement any provision of the permit.
(2) 
A violation of any provision of this Chapter or any other applicable law, ordinance, rule or regulation relating to the project.
(3) 
The creation of any condition or the commission of any act during construction or development that constitutes or creates a hazard, nuisance or pollution or which endangers the life or property of others.
B. 
A suspended permit shall be reinstated by the Borough Council when:
(1) 
The Borough Engineer or his designee has inspected and approved the corrections to the stormwater management and erosion and sediment pollution control measure(s), or the elimination of the hazard or nuisance.
(2) 
The Borough Council is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.
(3) 
A permit that has been revoked by the Borough Council cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this Chapter.
(4) 
Prior to revocation or suspension of a permit, the Borough Council will schedule a hearing to discuss the noncompliance if there is no immediate danger to life, public health or property.
4. 
Occupancy Permit. An occupancy permit shall not be issued unless the certification of compliance has been secured. The occupancy permit shall be required for each lot owner and/or applicant for all subdivisions and land development in the Borough.
[Ord. 429, 11/7/2006]
1. 
The violation of any provision of this Chapter is hereby deemed a public nuisance.
2. 
Each day that a violation continues shall constitute a separate violation.
[Ord. 429, 11/7/2006; as amended by Ord. 463, 4/7/2015]
1. 
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
In addition, the Borough, through its Solicitor, may 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 appropriate forms of remedy or relief.