Township of Upper Providence, PA Enforcement and penalties

The violation of any provision of this chapter is hereby deemed a public nuisance.

Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Township may order compliance by written notice to the responsible person. Such notice may require without limitation:

(1)

The performance of monitoring, analyses and reporting;

(2)

The elimination of prohibited connections or discharges;

(3)

Cessation of any violating discharges, practices or operations;

(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 stormwater BMPs and

(7)

Operation and maintenance of stormwater BMPs.

Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(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 or designee and the expense thereof shall be charged to the violator.

Failure to comply within the time specified shall also subject such person 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.

Each day that a violation continues shall constitute a separate violation.

§ 150-32 Suspension and revocation of permits and approvals.

Any building land development or other permit or approval issued by the Township may be suspended or revoked by the Township for:

(1)

Noncompliance with or failure to implement any provision of the permit;

(2)

A violation of any provision of this chapter; or

(3)

The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.

A suspended permit or approval shall be reinstated by the Township when:

(1)

The Township Engineer or designee has inspected and approved the corrections to the stormwater BMPs or the elimination of the hazard or nuisance; and/or

(2)

The Township is satisfied that the violation of this chapter, law or rule and regulation has been corrected.

§ 150-33 Violations and penalties.

Any person violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than $1,000 for each violation, recoverable with costs or imprisonment of not more than two days, or both. Each day that the violation continues shall be a separate offense.

In addition, the Township, 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.

§ 150-34 Appeals.

Any person aggrieved by any action of the Township or its designee relevant the provisions of this chapter may appeal to the relevant judicial or administrative body according to law within the time period allowed.