[Ord. No. 2022-06, 8/9/2022]
1. 
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. 
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 this Part.
3. 
It shall be unlawful to violate any section of this Part.
4. 
Inspections regarding compliance with the SWM site plan are the responsibility of the municipality.
5. 
Notice of Violation.
A. 
When a person has violated a prohibition of this Part, otherwise fails to comply with the requirements of this Part, or fails to conform to the requirements of any permit issued hereunder, the Borough shall provide written notification of the violation to the property owner. Such notification shall set forth the nature of the violations and establish a time limit for the correction of these violation(s). Failure to comply or remediate and/or restore within the established deadline shall be cause for the work will be done by a designated governmental agency or a contractor, and the expense thereof shall be charged to the violator or assessed as a municipal lien on the property.
B. 
Such written notice may require, without limitation:
(1) 
The performance of monitoring, analyses, and reporting.
(2) 
The elimination of illicit connections or illicit discharges.
(3) 
That violating discharges, practices, or operations shall cease and desist.
(4) 
The 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) 
The implementation of source control or treatment BMPs.
[Ord. No. 2022-06, 8/9/2022]
1. 
Any person receiving a notice of violation may appeal the determination of the Borough. The notice of appeal must be received within 30 days from the date of the notice of violation. Hearing on the appeal before a designated hearing representative of the Borough shall take place within 15 days from the date of receipt of the notice of appeal.
2. 
Any person aggrieved by any action of the Borough or its designee, relevant to the provisions of this Part, may appeal to the Borough within 30 days of that action.
3. 
Any person aggrieved by any decision of the Borough, relevant to the provisions of this Part, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the Borough's decision.
[Ord. No. 2022-06, 8/9/2022]
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within 15 days of the hearing representative's decision upholding the decision of the Borough, then representatives of the Borough shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the Borough or designated contractor to enter upon the premises for the purposes set forth above.
[Ord. No. 2022-06, 8/9/2022]
1. 
Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may thereafter file a written protest objecting to the amount of the assessment within 30 days. If the amount due is not paid within a timely manner as determined by the decision of the Borough authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a municipal lien on the property for the amount of the assessment.
2. 
Any person violating any of the provisions of Article H of this Part shall become liable to the Borough by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 12% per annum shall be assessed on the balance beginning on the first day following discovery of the violation.
[Ord. No. 2022-06, 8/9/2022]
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Part. If a person has violated or continues to violate the provisions of this Part, the Borough may petition for a preliminary or permanent injunction restraining the person from activities that would create further violations or compelling the person to perform abatement or remediation of the violation.
[Ord. No. 2022-06, 8/9/2022]
In lieu of enforcement proceedings, penalties, and remedies authorized by this Part, the authorized enforcement agency may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
[Ord. No. 2022-06, 8/9/2022]
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Part is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such public nuisance may be taken.
[Ord. No. 2022-06, 8/9/2022]
1. 
Any person that has violated or continues to violate this Part shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of up to $1,000 per violation per day.
2. 
Anyone violating the provisions of this Part shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs and/or imprisonment for a period of time not to exceed 90 days.
3. 
Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.
4. 
In addition, the Borough may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this Part. 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.
5. 
All such penalties shall be deemed cumulative and do not prevent the Borough from pursuing any and all remedies.
[Ord. No. 2022-06, 8/9/2022]
The Borough may recover all attorney fees, court costs, and other expenses associated with enforcement of this Part, either criminal or civil, including sampling and monitoring expenses or other costs of investigation.
[Ord. No. 2022-06, 8/9/2022]
The remedies listed in this Part are not exclusive of any other remedies available under any applicable federal, state, or local law, and it is within the discretion of the Borough to seek cumulative remedies.
[Ord. No. 2022-06, 8/9/2022]
Upon presentation of proper credentials, the municipality or its designated agent may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this Part.
[Ord. No. 2022-06, 8/9/2022]
1. 
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 Part 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.
D. 
All stormwater BMPs serving nonresidential development or serving more than one residential unit shall be inspected, and a report of such inspection shall be submitted to the municipality for review on an annual basis.
E. 
All inspection records shall be maintained by the landowner and shall be made available to the municipality upon written request.
2. 
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.
[Ord. No. 2022-06, 8/9/2022]
In the event that a person fails to comply with the requirements of this Part, or fails to conform to the requirements of any permit issued hereunder, the municipality shall provide written notification of the violation. Such notification shall set forth the nature of the violations and establish a time limit for the correction of these violation(s). Failure to comply within the time specified shall subject such person to the penalty provisions of this Part. All such penalties shall be deemed cumulative and do 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.
[Ord. No. 2022-06, 8/9/2022]
1. 
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 § 26-122.
2. 
It shall be unlawful to violate § 26-173 of this Part.
3. 
Inspections regarding compliance with the SWM site plan are the responsibility of the municipality.
[Ord. No. 2022-06, 8/9/2022]
1. 
Any approval or permit issued by the municipality pursuant to this Part may be suspended or revoked for:
A. 
Noncompliance with or failure to implement any provision of the approved SWM site plan or O&M agreement.
B. 
A violation of any provision of this Part or any other applicable law, ordinance, rule, or regulation relating to the regulated activity.
C. 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.
2. 
A suspended approval may be reinstated by the municipality when:
A. 
The municipality has inspected and approved the corrections to the violations that caused the suspension.
B. 
The municipality is satisfied that the violation has been corrected.
3. 
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this Part.
4. 
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any or all applicable approvals and permits pertaining to any provision of this Part.
[Ord. No. 2022-06, 8/9/2022]
1. 
Anyone violating the provisions of this Part shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense, and penalties shall be cumulative.
2. 
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. 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.
[Ord. No. 2022-06, 8/9/2022]
1. 
Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this Part, may appeal to the municipality within 30 days of that action.
2. 
Any person aggrieved by any decision of the municipality, relevant to the provisions of this Part, 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.