A. 
Upon presentation of proper credentials, the Township or its designated agent may enter at reasonable times upon any property within the Township to inspect the implementation, condition, or operation and maintenance of items required by this chapter in regard to any aspect regulated by this chapter.
B. 
Landowners with SWM and Conveyance Facilities or BMPs on their property shall allow the Township or its designated agent ready access to all parts of the premises for the purposes of determining compliance with this chapter.
C. 
The Township or its designated agent shall have the right to temporarily locate on any SWM or Conveyance Facility or BMP in the Township such devices as are necessary to conduct monitoring and/or sampling of the discharges from such Facility or BMP.
A. 
The Township shall inspect all phases of the installation of the SWM or Conveyance Facilities or BMPs as deemed appropriate by the Township. During any stage of the work, if the Township determines that the SWM or Conveyance Facilities or BMPs are not being installed in accordance with the approved SWM Site Plan, the Township shall revoke any existing permits or other approvals and issue a cease and desist order until a revised SWM Site Plan is submitted and approved, as specified in this chapter, and until the deficiencies are corrected.
B. 
Upon final project closeout, the landowner or the owner's designee (including the Township for dedicated and owned facilities) shall inspect SWM and Conveyance Facilities and BMPs installed under this chapter according to the following frequencies, at a minimum, to ensure the Facilities continue to function as intended:
(1) 
Annually for NPDES permittees (even if terminated), and for the first five years for all others;
(2) 
Once every three years thereafter;
(3) 
During or immediately after the cessation of a precipitation event; and/or
(4) 
As specified in the Operations and Maintenance (O&M) agreement.
C. 
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 SWM BMP, facility, or structure inspected, observations on performance, and recommendations for improving performance, if applicable. Inspection reports shall be submitted to the Township within 30 days following completion of the inspection. A template inspection report is available from the Township and is attached in Appendix J.[1] If regulatory agencies require inspections as a condition of permit approval (e.g., NPDES Visual Site Inspection Reports), the inspection reports shall also be sent to the Township. If repairs are needed, the report must also include a timeframe for completing the repairs. All inspection records must be maintained by the land owner for not less than five years and must be made available to the Township within five calendar days of receipt of written request from the Township.
[1]
Editor's Note: Appendix J, Post-Construction BMP Inspection Report, is included as an attachment to this chapter.
D. 
The Township may elect to conduct post-construction inspections in addition to routine inspections that must be conducted by the landowner or other responsible party.
A. 
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 Township shall provide written notification to the responsible person of the violation and order compliance to the chapter or permit. Such notification 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 discharge, 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 SWM and Conveyance facilities and BMPs; and
(7) 
Operation and Maintenance (O&M) of stormwater facilities and BMPs.
B. 
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 Township and the expense may be charged to the violator.
C. 
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 Township from pursuing any and all other remedies available in law or equity. It shall be the responsibility of the Owner of the real property on which any items required by this chapter in regard to any aspect regulated by this chapter is occurring, to comply with the terms and conditions of this chapter.
A. 
The Township may take enforcement action against a permittee, landowner, or other responsible party for any failure to satisfy the provisions of this chapter.
B. 
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 § 173-13 of this chapter.
C. 
It shall be unlawful to violate Article VII of this chapter.
D. 
Inspections regarding compliance with the SWM Site Plan are a responsibility of the Township and therefore may not be unreasonably denied.
E. 
The Township Engineer or other designee is hereby authorized and directed to enforce all the provisions of this chapter. The Township Governing Body may delegate enforcement duties to such other officers or agents as the Township deems qualified for that purpose.
F. 
It is 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.
A. 
Any approval or permit used by the Township pursuant to this chapter may be suspended or revoked, in whole or in part, for:
(1) 
Non-compliance with or failure to implement any provision of the permit, approved SWM Site Plan, or O&M Agreement;
(2) 
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the regulated activity; or
(3) 
The creation of any condition or the commission of any act during the regulated activity which constitutes or creates a hazard or nuisance, pollution, or endangers the life, health, or property of others.
B. 
A suspended approval or permit may be reinstated by the Township when:
(1) 
The Township has inspected and approved the correction to the violations that caused the suspension; and
(2) 
The Township is satisfied that the violation has been corrected.
C. 
An approval or permit that has been revoked by the Township cannot be reinstated. The applicant may apply for a new permit under the provisions of this chapter.
A. 
Anyone violating the provisions of this chapter 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.
B. 
In addition, the Township 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.
A. 
Any person aggrieved by any action of the Township or its designee, relevant to the provisions of this chapter, may appeal to the Township within 30 days of that action.
B. 
Any person aggrieved by any decision of the Township, relevant 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 Township's decision.