1043.120     INSPECTIONS

(a)     PADEP or its designees normally ensure compliance with any permits issued, including those for stormwater management.  In addition to PADEP compliance programs, the Municipality may inspect all phases of the installation of temporary or permanent stormwater management facilities.

(b)     During any stage of earth disturbance activities, if the Municipality determines that the stormwater management facilities are not being installed in accordance with the approved SWM site plan, the Municipality may suspend or revoke any existing permits or approvals until a revised SWM site plan is submitted and approved as specified in this chapter.

(c)     Stormwater BMPs shall be inspected by the landowner, or the landowner’s designee according to the inspection schedule described on the SWM site plan for each BMP.

(c)(1)     The Municipality may require submission of copies of the inspection reports, in a form as stipulated by the Municipality.

(c)(2)     If such inspections are not conducted or inspection reports not submitted as scheduled, the Municipality, or their designee, may conduct such inspections and charge the owner appropriate fees.  Non-payment of fees may result in a lien against the property.

(c)(3)     Prior to conducting a scheduled inspection, the Municipality may inform the owner of its intent to conduct an inspection.

1043.121     RIGHT OF ENTRY

(a)     Upon presentation of proper credentials, duly authorized representatives of the Municipality may enter at reasonable times, upon any property within the Municipality, to inspect the implementation, condition, or operations and maintenance of the stormwater BMPs in regard to any aspect governed by this chapter.

(b)     Stormwater BMP owners and operators shall allow persons working on behalf of the Municipality ready access to all parts of the premises for the purposes of determining compliance with this chapter.

(c)     Persons working on behalf of the Municipality shall have the right to temporarily locate on any stormwater BMP in the Municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such stormwater BMP.

(d)     Unreasonable delay in allowing the Municipality access to a stormwater BMP is a violation of this chapter.