[Ord. No. 1461-19, 6/10/2019]
1.
BEST MANAGEMENT PRACTICES (BMPs)
BOARD
BOROUGH
BOROUGH COUNCIL
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
DEP
GETTYSBURG BOROUGH STORMWATER AUTHORITY (GBSWA)
HAZARDOUS MATERIALS
ILLEGAL DISCHARGE
ILLICIT CONNECTIONS
A.
B.
INDUSTRIAL ACTIVITY
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
POLLUTANT
PREMISES
STORM DRAIN SYSTEM or STORM SEWER SYSTEM
STORMWATER
STORMWATER POLLUTION PREVENTION PLAN
WASTE WATER
WATERCOURSE
The following words and phrases when used in this Part shall have
the meanings ascribed to them in this section except where the context
clearly indicates or requires a different meaning:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
Best management practices (BMPs) also include treatment practices,
operating procedures and practices to control site runoff, spillage
or leaks, sludge or water disposal, or drainage from raw materials
storage.
The Code Enforcement Appeals Board of the Borough of Gettysburg, Adams County, Pennsylvania, as authorized in Chapter 1, Subpart 6C, of the Code of Ordinances of the Borough of Gettysburg, Adams County, Pennsylvania.
The Borough of Gettysburg, Adams County, Pennsylvania.
The Borough Council of the Borough of Gettysburg, Adams County,
Pennsylvania.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any amendments thereto.
Activities subject to 25 Pa. Code Chapter 102 earth disturbance
requirements or National Pollutant Discharge Elimination System (NPDES)
construction permits. 25 Pa. Code Chapter 102 requires an erosion
and sediment control plan to be developed and implemented for earth
disturbance activities which result in a total earth disturbance of
5,000 square feet or more. NPDES Stormwater Phase II permits will
be required for construction projects resulting in land disturbance
of one acre or more. Such construction activities include, but are
not limited to, clearing and grubbing, grading, excavating and demolition
activities on premises in or adjacent to the Borough of Gettysburg.
The Pennsylvania Department of Environmental Protection.
The Gettysburg Borough Stormwater Authority (GBSWA), organized
under the Municipality Authorities Act, 53 Pa.C.S.A. § 5601
et seq., and charged with the administration and assessment of related
fees in connection with the construction, operation, maintenance and
repairs necessary for the implementation and operation of the Borough's
municipal separate storm sewer system (MS4) program.
Any material, including any substance, waste or combination
thereof, which because of its quantity, concentration or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
Any direct or indirect nonstormwater discharge into a storm
drain system, a storm sewer system or a watercourse, except as exempted
in this Part.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter a storm drain system or
a storm sewer system, including, but not limited to, any conveyances
which allow any nonstormwater discharge, including sewage, processed
wastewater and wash or gray water to enter a storm drain system or
a storm sewer system and any connections to the storm drain system
or storm sewer system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted
or approved by an authorized enforcement agency.
Any drain or conveyance connected from a commercial or industrial
land use to a storm drain system or storm sewer system which has not
been documented in plans, maps or equivalent records and approved
by the Borough of Gettysburg.
Activities subject to National Pollutant Discharge Elimination
System (NPDES) industrial permits as defined in 40 CFR 122.26(b)(14).
Any conveyance or system of conveyances (including streets,
ditches and pipes) that is owned by the Borough; designed or used
for collecting or conveying stormwater; not a combined sewer (i.e.,
not intended for both sewage and stormwater); and not part of the
sanitary sewer system owned and operated by the Gettysburg Municipal
Authority (GMA).
Includes, but is not limited to, an individual, unincorporated
association, partnership, limited partnership, firm, corporation,
limited liability company, joint venture, or any other legal entity
whatsoever.
Anything that causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes,
yard wastes; refuse, rubbish, garbage, litter or other discarded or
abandoned objects and accumulations, so that the same may cause or
contribute to pollution; floatables; pesticides, herbicides and fertilizers;
hazardous substances and wastes; wastes and residues that result from
constructing a building or structure; and any noxious or offensive
matter of any kind.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent curbs, sidewalks and parking
areas.
Publicly or privately owned facilities by which stormwater
is collected and/or conveyed, including but not limited to any streets
or roadways with drainage systems, municipal streets, alleys, gutters,
curbs, inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human-made or altered drainage channels,
reservoirs and other drainage structures.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document that describes the best management practices and
activities to be implemented by a person or business to identify sources
of pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, stormwater conveyance
systems and/or receiving waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A stream of water, river, brook, creek, canal, channel or
ditch, whether natural or man-made.
[Ord. No. 1461-19, 6/10/2019]
This Part shall apply to all water entering any storm drain
system or storm sewer system in the Borough generated on any developed
or undeveloped lands unless explicitly exempted by the Borough.
[Ord. No. 1461-19, 6/10/2019]
The Borough shall administer, implement and enforce the provisions
of this Part. Any powers granted or duties imposed upon the Borough
may be delegated to employees, agents or other designated representatives
of the Borough; or such powers or duties may be delegated by the Borough
to the Gettysburg Borough Storm Water Authority (GBSWA), its employees,
agents or other designated representatives.
[Ord. No. 1461-19, 6/10/2019]
The standards contained in this Part are minimum standards.
Compliance therewith does not ensure the absence of contamination,
pollution or unauthorized discharge of pollutants.
[Ord. No. 1461-19, 6/10/2019]
1.
No person shall discharge or cause to be discharged into a storm
drain system, a storm sewer system or any watercourse in the Borough
any materials, including but not limited to pollutants or waters containing
any pollutants that cause or contribute to a violation of applicable
water quality standards, other than stormwater. Any discharge in violation
of this section shall be considered an illegal discharge.
2.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system or storm sewer system is prohibited except
as described as follows:
A.
Water line flushing or other potable water sources, landscape irrigation
or lawn watering, diverted stream flows, rising groundwater, groundwater
infiltration to storm drains or storm sewers, uncontaminated pumped
groundwater, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air-conditioning condensation,
natural springs, noncommercial washing of vehicles, residential car
washing (only permitted if a cleaning agent is not utilized), natural
riparian habitat or wetland flows and firefighting activities.
B.
Discharges specified, in writing, by the Borough as being necessary
to protect public health, safety and welfare.
C.
Dye testing, conditioned upon verbal notification to the Borough
and confirmation of receipt of the same prior to the time of the test.
D.
Any nonstormwater discharge permitted under an NPDES permit, waiver
or waste discharge order issued to the discharger and administered
under the authority of DEP, provided that the discharger is in full
compliance with all requirements of the permit, waiver or order and
other applicable laws and regulations, and provided that written approval
has been granted for any discharge to the storm drain system.
[Ord. No. 1461-19, 6/10/2019]
1.
The construction, use, maintenance or continued existence of illicit
connections to a storm drain system or storm sewer system is prohibited.
A.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permitted under law or practices applicable or prevailing at the
time of connection.
B.
A person is considered to be in violation of this Part if the person
connects a line conveying sewage to the municipal separate storm sewer
system (MS4), or allows such a connection to continue.
[Ord. No. 1461-19, 6/10/2019]
1.
Suspension due to illegal discharges in emergency situations. The
Borough, the Commonwealth of Pennsylvania and the United States of
America may, without prior notice, suspend MS4 discharge access to
a person when such suspension is necessary to stop an actual or threatened
discharge which presents or may present imminent and substantial danger
to the environment, to the health or welfare of persons, or to the
MS4 or waters of the Commonwealth of Pennsylvania or of the United
States of America. If the violator fails to comply with the suspension
order issued in an emergency, the Borough may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or waters of the
Commonwealth of Pennsylvania or of the United States of America, or
to minimize danger to persons, including, without limitation, entering
the property for the purpose of disconnecting and/or performing emergency
maintenance or repairs to storm drains or storm sewers. In the event
the Borough must disconnect or perform emergency maintenance and/or
repairs, the Borough may file and attach a municipal lien on the property
which is causing the illegal discharge for any such emergency work,
maintenance or repairs performed by the Borough or at its direction.
2.
Suspension due to detection of illegal discharge or illicit connection.
Any person discharging to the MS4 in violation of this Part may have
MS4 access terminated if such termination would abate or reduce an
illegal discharge or illicit connection. The Borough will notify a
violator of the proposed termination of MS4 access. The violator may
petition the Borough for a reconsideration and hearing.
3.
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the authorized enforcement agency.
[Ord. No. 1461-19, 6/10/2019]
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Borough prior to allowing discharges to
the MS4.
[Ord. No. 1461-19, 6/10/2019]
1.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
2.
Access to facilities.
A.
The Borough shall be permitted to enter and inspect property and
facilities subject to regulation under this Part as often as may be
necessary to determine compliance with this Part. If a discharger
has security measures in force which require proper identification
and clearance before entry into the premises, the discharger shall
make the necessary arrangements to allow access to the Borough, its
representatives, agents or contractors.
B.
Facility operators shall allow the Borough ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of an
NPDES permit to discharge stormwater and the performance of any additional
duties as defined by state and federal law.
C.
The Borough shall have the right to place at any permitted facility
such devices as are necessary as determined by the Borough or its
professional consultants to conduct monitoring and/or sampling of
the facility's stormwater discharge.
D.
The Borough has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition
by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be properly calibrated in order
to ensure accuracy of the device.
E.
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Borough and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
F.
Unreasonable delays in allowing the Borough access to a permitted
facility is a violation of a stormwater discharge permit and of this
Part. An operator of a facility with an NPDES permit to discharge
stormwater associated with industrial activity commits an offense
if the Borough is denied reasonable access to the permitted facility
for the purpose of conducting any activity authorized or required
by this Part.
G.
If the Borough has been refused access to any part of the premises
from which stormwater is discharged, and the Borough's representative
is able to demonstrate probable cause to believe that there may be
a violation of this Part, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this Part or any order issued hereunder,
or to protect the overall public health, safety and welfare of the
community, then the authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.
[Ord. No. 1461-19, 6/10/2019]
The Borough will adopt requirements identifying best management
practices for any activity, operation or facility which may cause
or contribute to pollution or contamination of stormwater, the storm
drain system or waters of the Commonwealth of Pennsylvania or of the
United States of America. The owner or operator of a commercial or
industrial establishment or facility shall provide, at the expense
of the owner or operator, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
or storm sewer system or any watercourse through the use of these
structural and nonstructural BMPs. Further, any person responsible
for a property or premises which is, or may be, the source of an illegal
discharge may be required to implement, at said person's expense,
additional structural and nonstructural BMPs to prevent the further
discharge of pollutants to the MS4. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of stormwater
associated with industrial activity, to the extent practicable, shall
be deemed as compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevent plan as necessary
for compliance with requirements of the NPDES permit.
[Ord. No. 1461-19, 6/10/2019]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation
and other obstacles that would pollute, contaminate or significantly
retard or impede the flow of water through the watercourse. In addition,
the owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse so that such structures will not
become a hazard to the use, function or physical integrity of the
watercourse.
[Ord. No. 1461-19, 6/10/2019]
Notwithstanding other legal duties and requirements, as soon
as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials which are resulting
or may result in illegal discharges or pollutants discharging into
stormwater, a storm drain or storm sewer system or into any waters
of the Commonwealth of Pennsylvania or of the United States of America,
said person shall take all necessary steps to ensure the discovery,
containment and cleanup of such release. In the event of such a release
of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence by and through emergency dispatch
services. In the event of a release of nonhazardous materials, said
person shall notify the authorized enforcement agency, in person,
by telephone, by electronic mail or by facsimile transmission, no
later than the next business day following the release or discharge.
Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Borough within three business days
of the telephone notification. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner
or operator of such establishment shall also retain an on-site written
record of the discharge and the actions taken to prevent its recurrence.
Such records shall be retained for at least three years following
the release or discharge.
[Ord. No. 1461-19, 6/10/2019]
1.
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this Part, the Borough may order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
A.
The performance of monitoring, analyses and reporting;
B.
The elimination of illicit connections or illegal discharges;
C.
That violating discharges, practices or operations shall cease and
desist;
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;
and
F.
The implementation of source control or treatment BMPs.
[Ord. No. 1461-19, 6/10/2019]
Any person receiving a notice of violation may appeal the determination of the Borough to the Code Enforcement Appeals Board of the Borough of Gettysburg consistent with Chapter 1, Subpart 6c, of the Borough Code of Ordinances. The application for an appeal shall be filed with the Borough Secretary not later than 30 days after the notice of violation is issued.
[Ord. No. 1461-19, 6/10/2019]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within 30 days of the Board's decision upholding the determination
of the Borough, then representatives of the Borough shall enter upon
the subject private property and are authorized to take any and all
measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the Borough or representatives
to enter upon the premises for the purposes set forth herein.
[Ord. No. 1461-19, 6/10/2019]
1.
Within 30 days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative
costs. The property owner may thereafter file a written protest objecting
to the amount of the assessment within 30 days. If the amount due
is not paid within a timely manner as determined by the decision of
the Borough or by the expiration of the time in which to file an appeal,
the charges shall become a special assessment against the property
and shall constitute a municipal lien on the property for the amount
of the assessment.
2.
Any person violating any of the provisions of this Part shall become
liable to the Borough by reason of such violation. The liability shall
be paid in not more than 12 equal installment payments. Interest at
the legal rate shall be assessed on the liability if paid in installment
payments as aforesaid.
[Ord. No. 1461-19, 6/10/2019]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Part. If a
person has violated or continues to violate the provisions of this
Part, the Borough may petition a court of competent jurisdiction for
a preliminary or permanent injunction restraining the person from
activities which would create further violations or compelling the
person to perform abatement or remediation of the violation.
[Ord. No. 1461-19, 6/10/2019]
In lieu of enforcement proceedings, penalties and remedies authorized
by this Part, the Borough may impose upon a violator alternative compensatory
actions, to include, but not limited to, storm drain or storm sewer
stenciling, attendance at compliance workshops or cleanup activities.
[Ord. No. 1461-19, 6/10/2019]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Part is a threat to public health, safety and
welfare and is declared and deemed a public nuisance and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin or otherwise compel the cessation of such nuisance
may be taken.
[Ord. No. 1461-19, 6/10/2019]
Any person who shall violate this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and the
costs of prosecution. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. No. 1461-19, 6/10/2019]
The Borough may recover all attorney's fees, court costs and
other expenses associated with enforcement of this Part, either criminal
or civil, including sampling and monitoring expenses or other costs
of investigation incurred by the Borough.
[Ord. No. 1461-19, 6/10/2019]
The remedies set forth in this Part are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the Borough to seek any cumulative
remedies.
[Ord. No. 1461-19, 6/10/2019]
The provisions of this Part are severable, and if any section,
clause, part or provision hereof shall be held to be illegal, invalid
or unconstitutional by any court of competent jurisdiction, such decision
of that court shall not affect or impair the remaining sections, sentences,
clauses, parts or provisions of this Part. It is hereby declared to
be the intent of the Borough Council of the Borough of Gettysburg
that this Part would have been enacted if such illegal, invalid or
unconstitutional section, sentence, clause, part or provision had
not been included in this Part.
