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Borough of Homestead, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 4-8-2004 by Ord. No. 1153]
The following definitions shall apply to this Article III, and definitions set forth in other articles of this chapter shall not apply in this Article III:
BMP or BEST MANAGEMENT PRACTICE
Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated earth disturbance activities to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purpose of this article.
DEVELOPMENT
Any activity, construction, alteration or change in land use practice that affects stormwater runoff characteristics. The term includes earth disturbance activity and redevelopment.
EARTH DISTURBANCE ACTIVITY
Construction or other human activity which disturbs the surface of the land, including, but not limited to, clearing, grubbing, grading, excavation, embankments, road maintenance, building and the moving, depositing, stockpiling or storing of rock, soil or earth materials.
EROSION
The process by which the surface of the land, including channels, is worn away by water, wind or chemical action.
EROSION AND SEDIMENT CONTROL PLAN
A plan for a project site that identifies BMP's to minimize accelerated erosion and sedimentation.
REGULATED EARTH DISTURBANCE ACTIVITY
Earth disturbance activity, (including earth disturbance on any portion of, part of or during any stage of a larger common plan of development) of one acre or more with a point discharge to surface waters or the municipality's separate storm sewer system, or of five acres or more regardless of the planned runoff, or road maintenance activities involving 25 acres or more or earth disturbance.
MUNICIPALITY
The Borough of Homestead.
OUTFALL
"Point source," as described in 40 CFR § 122.2, at the point where the municipality's separate storm sewer system discharges into the surface waters of the commonwealth.
PERSON
A human being, public or private association, corporation, governmental unit, public utility partnership, body corporate and politic or other entity whatsoever which is recognized by law as the holder of rights or duties.
POINT SOURCE
Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel or conduit from which stormwater is or may be discharged as defined in 25 Pa. Code § 92.1.
PROJECT SITE
The specific area of land in which any regulated earth disturbance activities in the municipality are planned, conducted or maintained.
SEPARATE STORM SEWER SYSTEM
A conveyance or system of conveyances (including roads, with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drain) primarily used for collecting and conveying stormwater runoff.
STORMWATER
The surface runoff generated by precipitation reaching the ground.
STORMWATER QUALITY REQUIREMENTS
Protection of designated and existing uses as defined in 25 Pa. Code Chapters 93 and 96.
SURFACE WATERS OF THE COMMONWEALTH
Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, damned water, wetlands, ponds, springs and all other bodies or channels of conveyance of surface water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.
A. 
No person in the municipality shall allow, or cause to allow, stormwater discharges into the municipality's separate storm sewer system which are not composed entirely of stormwater except as provided in Subsection B below and discharges allowed under a state or federal permit.
B. 
Discharges which may be allowed, based on a finding by the municipality that the discharge(s) do not significantly contribute to pollution to surface waters of the commonwealth, are:
(1) 
Discharges from fire-fighting activities.
(2) 
Potable water sources, including dechlorinated water line and fire hydrant flushings.
(3) 
Irrigation drainage.
(4) 
Routine external building washdown (which does not use detergents or other compounds).
(5) 
Air-conditioning condensate.
(6) 
Water from individual residential car washing.
(7) 
Springs.
(8) 
Water from crawl space pumps.
(9) 
Uncontaminated water from foundation or from footing drains.
(10) 
Flows from riparian habitats and wetlands.
(11) 
Lawn watering.
(12) 
Pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used.
(13) 
Dechlorinated swimming pool discharges.
(14) 
Uncontaminated groundwater.
C. 
In the event that the municipality determines that any of the discharges identified in Subsection B significantly contribute to pollution of waters of the commonwealth or is so notified by DEP, the municipality will notify the responsible person to cease the discharge.
D. 
Upon notice provided by the municipality under Subsection C, the discharger will have a reasonable time, as determined by the municipality, to cease the discharge consistent with the degree of pollution caused by the discharge.
E. 
Nothing in this section shall affect a discharger's responsibilities under state law.
No person shall make any of the following connections to the separate storm sewer system, except for the purpose of making discharges as provided in § 222-17B above:
A. 
Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge, including sewage, process wastewater and washwater, to enter the separate storm sewer system, and any connections to the drain system from indoor drains and sinks; and
B. 
Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps or equivalent records and approved by the municipality.
A. 
No person shall commence regulated earth disturbance activities within the municipality until approval by the municipality of an erosion and sediment control plan. An NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] shall be considered an acceptable erosion and sediment control plan for purposes of this subsection.
B. 
A person engaging in earth disturbance activity of 5,000 square feet or more shall be required to have an erosion and sediment control plan meeting the Pennsylvania DEP regulations at 25 Pa. Code § 102.4(b).
C. 
A person engaging any regulated earth disturbance activities shall be required to have an NPDES construction activities permit meeting 25 Pa. Code Chapter 92.
D. 
A person engaging in regulated earth disturbance activities must provide to the municipality evidence of all necessary permit(s) from the appropriate DEP regional office or County Conservation District.
E. 
A copy of the erosion and sediment control plan and any Pennsylvania DEP required permit shall be available at the project site at all times.
A. 
No person shall commence regulated earth disturbance activities within the municipality until approval by the municipality of a plan which contains BMP's designed to meet state water quality requirements after construction is complete. An NPDES construction permit [or permit coverage under the statewide general permit (PAG-2)] shall be considered an acceptable BMP for purposes of this subsection.
B. 
A person engaging in regulated earth disturbance activities must provide to the municipality evidence of all necessary permit(s) from the appropriate DEP regional office or County Conservation District.
A. 
The violation of any provision of this article is hereby deemed to be a public nuisance.
B. 
Each day that a violation continues shall constitute a separate violation.
A. 
Whenever the municipality finds that a person has violated a prohibition or failed to meet a requirement of this article, the municipality may order compliance by written notice to the responsible person. Such notice may require, without limitation and within a specified time:
(1) 
The performance of monitoring, analyses and reporting;
(2) 
The elimination of prohibited 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 BMP's; and
(7) 
Operation and maintenance of stormwater BMP's.
B. 
Failure to comply with a notice issued pursuant to Subsection A within the time specified shall subject the person to whom the notice was directed to the permit suspension, permit revocation and penalty provisions of this article. All such permit suspensions, permit revocations and penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies available in law or equity.
Any building permit, land development permit, zoning permit or other certificate, permit, license or approval for regulated earth disturbance activities issued by the municipality may be suspended or revoked by the governing body for:
A. 
Noncompliance 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 regulated earth disturbance activities which constitutes or creates a hazard, nuisance or pollution or which endangers the life or property of others.
A. 
Any person violating the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine or not more than $1,000 for each violation, plus costs, or imprisonment of not more than 30 days, or both. Each day that the violation continues shall be a separate offense.
B. 
In addition, the municipality, through its Solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this article. 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.