The landowner or the owner’s designee (including the municipality
for dedicated and owned facilities) shall inspect SWM BMPs, facilities
and/or structures installed under this chapter according to the following
frequencies, at a minimum, to ensure the BMPs, facilities and/or structures
continue to function as intended:
A. Annually
for the first five years;
B. Once every
three years thereafter;
C. During
or immediately after the cessation of a ten-year or greater storm;
and/or
D. As specified
in the operations and maintenance (O&M) agreement.
Inspections should be conducted during or immediately following
precipitation events. 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 municipality
within 30 days following completion of the inspection.
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All inspections regarding compliance with the stormwater management
(SWM) site plan and this chapter shall be the responsibility of the
municipality.
A. It shall be unlawful for a person to undertake any regulated activity except as provided in an approved SWM site plan, unless specifically exempted in §
174-15.
B. It shall be unlawful to violate §
174-33.
C. Whenever
the municipality finds that a person has violated a prohibition or
failed to meet a requirement of this chapter, 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 facilities and best management practices (BMPs); and
(7) Operation
and maintenance (O&M) of stormwater facilities and BMPs.
D. Such notification
shall set forth the nature of the violation(s) and establish a time
limit for correction of these violation(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 and the expense may be charged to the violator.
E. Failure
to comply within the time specified may subject a violator 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.