Upon presentation of proper credentials, the designee of the
municipality 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 chapter.
A.
The municipality or its designee may inspect all phases of the construction,
operation, maintenance and any other implementation of SWM BMPs. A
municipal inspection due to a report or information of lack of maintenance,
a defect, or failure of a SWM BMP shall be paid for by the landowner.
B.
SWM BMPs shall be inspected by the landowner, or the landowner's
designee, according to the following list of minimum frequencies:
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 § 195-13.
B.
It shall be unlawful to violate any provision of this chapter.
C.
Inspections regarding compliance with the SWM site plan are a responsibility
of the municipality.
A.
Any approval or permit issued by the municipality pursuant to this
chapter may be suspended or revoked for:
(1)
Noncompliance with or failure to implement any provision of the approved
SWM site plan or O&M agreement.
(2)
A violation of any provision of this chapter or any other applicable
law, chapter, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance
or pollution or endangers the life or property of others.
C.
An approval that has been revoked by the municipality cannot be reinstated.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 chapter.
D.
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 landowner or responsible parties to
correct the violation. In these cases, the municipality will provide
the owner or responsible parties, or their agent, 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 chapter.
A.
Any person, partnership, corporation, or other entity who or which
has violated the provisions of this chapter shall commit a summary
offense and shall, upon conviction, pay a fine of not more than $600.
Each day that a violation continues shall constitute a separate violation,
unless the District Justice determining that there has been a violation
further determines that there has been a good faith basis for the
person, partnership, corporation or other entity violating the chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation.
B.
The municipality may institute civil, 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 municipality or its designee,
relevant to the provisions of this chapter, may appeal to the municipality
within 30 days of that action.
B.
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this chapter, may appeal to the York County Court
of Common Pleas within 30 days of the decision of the municipality.
