(a) Public Nuisance.
(1) The violation of any provision of this article is hereby deemed a Public Nuisance.
(2) Each day that a violation continues shall constitute a separate violation.
(b) Enforcement Generally.
(1) Whenever the Borough of White Oak finds that a person has violated a prohibition or failed to meet a requirement of this article the Borough may order compliance by written notice to the Responsible person. Such notice may require without limitation:
A. The performance of monitoring, analyses, and reporting:
B. The elimination of prohibited connections or discharges:
C. Cessation of any violating discharges, practices, or operations:
D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
E. Payment of a fine to cover administrative and remediation costs;
F. The implementation of stormwater BMPs; and
G. Operation and maintenance of stormwater BMPs.
(2) Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(s). Such notice may further advise that, if applicable, should the violator fail to take the required action with the established deadline, the work will be done by the Borough of White oak or designee and the expenses thereof shall be charged to the violator.
(3) Failure to comply within the time specified shall also subject such person to the penalty provisions of this article. All such penalties shall be deemed cumulative and shall not prevent the Borough of White Oak from pursuing any and all other remedies available in law or equity.
(c) Suspension and Revocation of Permits and Approvals.
(1) Any building, land development or other permit or approval issued by the Borough of White Oak may be suspended or revoked by the Borough for:
A. Non-compliance with or failure to implement any provision of the permit:
B. A violation of any provision of this article; or
C. 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.
(2) A suspended permit or approval shall be reinstated by the Borough of White Oak when:
A. The Borough Engineer or designee has inspected and approved the corrections to the stormwater BMPs, or the elimination of the hazard or nuisance, and/or:
B. The Borough of White Oak is satisfied that the violation of the article, law, or rule and regulation has been corrected.
(3) A permit or approval which has been revoked by the Borough of White Oak can not be reinstated. The applicant may apply for a new permit under the procedures outlined in this article.
(d) Penalties.
(1) Any person violating the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not more than one thousand ($1,000.00) dollars for each violation, recoverable with costs, or imprisonment of not more than two (2) years, or both. Each day that the violation continues shall be a separate offense.
(2) In addition, the Borough of White Oak, through its solicitor, any institute injunctive, mandamus or any other appropriate action or proceedings at law or in equity for the enforcement of this Ordinance. 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.
(e) Appeals. Any person aggrieved by any action of the Borough of White Oak or its designee, relevant the provisions of this ordinance, any appeal to the relevant judicial or administrative body according to law, within the time period allowed.
(Ord. 3346. Passed 3-15-04.)