[Ord. 954, 12/19/2013; as amended by Ord. No. 1004, 8/18/2022]
1. 
Any drain or conveyance, whether on the surface or subsurface, that allows any nonstormwater discharge including sewage, process wastewater, and wash water to enter a regulated small MS4 or to enter the surface waters of this commonwealth is prohibited.
2. 
No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this commonwealth, which are not composed entirely of stormwater, except: 1) as provided in Subsection 3 below; and 2) discharges authorized under a state or federal permit.
3. 
The following discharges are authorized unless they are determined to be significant contributors to pollution of a regulated small MS4 or to the waters of this commonwealth:
A. 
Discharges or flows from firefighting activities.
B. 
Discharges from potable water sources including waterline flushing and fire hydrant flushing, if such discharges do not contain detectable concentrations of total residual chlorine (TRC).
C. 
Noncontaminated irrigation water, water from lawn maintenance, landscape drainage and flows from riparian habitats and wetlands.
D. 
Diverted stream flows and springs.
E. 
Noncontaminated pumped groundwater and water from foundation and footing drains and crawl space pumps.
F. 
Noncontaminated HVAC condensation and water from geothermal systems.
G. 
Residential (i.e., not commercial) vehicle wash water where cleaning agents are not utilized.
H. 
Noncontaminated hydrostatic test water discharges, if such discharges do not contain detectable concentrations of TRC.
4. 
In the event that the Borough or DEP determines that any of the discharges identified in Subsection 3 significantly contribute pollutants to a regulated small MS4 or to the waters of this commonwealth, the Borough or DEP will notify the responsible person(s) to cease the discharge.
5. 
Disposal of animal waste in storm drains or in a manner which shall allow animal waste to enter a stormwater management facility is prohibited. Disposal of animal waste in any Borough compost facility is prohibited.
[Added by Ord. No. 1004, 8/18/2022]
Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs wherever feasible.
[Added by Ord. No. 1004, 8/18/2022]
1. 
Suspension Due to Illicit Discharges in Emergency situations. The Borough 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, or to the health or welfare of persons, or to the MS4 or waters of this commonwealth. If the violator fails to comply with a 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 this commonwealth, or to minimize danger to persons including, without limitation, entering onto property for the purpose of disconnecting and/or performing emergency maintenance or repairs to 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 illicit discharge.
2. 
Suspension Due to the Detection of Illicit Discharge or Illicit Connection. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge or illicit connection. The Borough will notify a violator of the proposed termination of its 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 Borough.
[Added by Ord. No. 1004, 8/18/2022]
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 shall be required in a form acceptable to the Borough prior to the allowing of discharges to the MS4.
[Added by Ord. No. 1004, 8/18/2022]
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 facilities subject to regulation under this section as often as may be necessary to determine compliance with this section. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Borough.
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 set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency 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 calibrated to ensure their accuracy.
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 section. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Borough reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this section.
G. 
If the Borough has been refused access to any part of the premises from which stormwater is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this section 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 section or any order issued hereunder or to protect the overall public health, safety, and welfare of the community, then the Borough may seek issuance of a search warrant from any court of competent jurisdiction.
[Added by Ord. No. 1004, 8/18/2022]
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses 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 illicit 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 municipal separate storm sewer system. 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 compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
[Added by Ord. No. 1004, 8/18/2022]
1. 
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 the flow of water through the watercourse.
2. 
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.
[Added by Ord. No. 1004, 8/18/2022]
Notwithstanding other requirements of law, 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 illicit discharges or pollutants discharging into stormwater, the storm drain system, or waters of this commonwealth, 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 via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Borough in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Borough within three business days of the phone notice. 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.
[Added by Ord. No. 1004, 8/18/2022]
Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs wherever feasible.
[Added by Ord. No. 1004, 8/18/2022]
1. 
Suspension Due to Illicit Discharges in Emergency situations. The Borough 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, or to the health or welfare of persons, or to the MS4 or waters of this commonwealth. If the violator fails to comply with a 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 this commonwealth, or to minimize danger to persons including, without limitation, entering onto property for the purpose of disconnecting and/or performing emergency maintenance or repairs to 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 illicit discharge.
2. 
Suspension Due to the Detection of Illicit Discharge or Illicit Connection. Any person discharging to the MS4 in violation of this section may have their MS4 access terminated if such termination would abate or reduce an illicit discharge or illicit connection. The Borough will notify a violator of the proposed termination of its 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 Borough.
[Added by Ord. No. 1004, 8/18/2022]
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 shall be required in a form acceptable to the Borough prior to the allowing of discharges to the MS4.
[Added by Ord. No. 1004, 8/18/2022]
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 facilities subject to regulation under this section as often as may be necessary to determine compliance with this section. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Borough.
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 set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency 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 calibrated to ensure their accuracy.
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 section. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Borough reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this section.
G. 
If the Borough has been refused access to any part of the premises from which stormwater is discharged, and it is able to demonstrate probable cause to believe that there may be a violation of this section 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 section or any order issued hereunder or to protect the overall public health, safety, and welfare of the community, then the Borough may seek issuance of a search warrant from any court of competent jurisdiction.
[Added by Ord. No. 1004, 8/18/2022]
The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses 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 illicit 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 municipal separate storm sewer system. 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 compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.
[Added by Ord. No. 1004, 8/18/2022]
1. 
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 the flow of water through the watercourse.
2. 
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.
[Added by Ord. No. 1004, 8/18/2022]
Notwithstanding other requirements of law, 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 illicit discharges or pollutants discharging into stormwater, the storm drain system, or waters of this commonwealth, 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 via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Borough in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Borough within three business days of the phone notice. 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.