[Ord. 2013-499, 7/10/2013]
The Borough may charge a reasonable fee for review of BMP operation
and maintenance plans to defray review costs incurred by the Borough.
The applicant shall pay all such fees as adopted by resolution of
Borough Council from time to time.
[Ord. 2013-499, 7/10/2013]
The fees required by this Chapter may cover:
A.
Administrative/clerical costs.
B.
Review of the stormwater management plan and its operations and maintenance
by the Borough Engineer.
C.
The site inspections, including, but not limited to, preconstruction
meetings, inspections during construction of stormwater BMPs, and
final inspection upon completion of the stormwater BMPs.
D.
Any additional work required to monitor and enforce any provisions
of this Chapter, correct violations, and assure proper completion
of stipulated remedial actions.
E.
The reasonable legal fees and costs of the Borough Solicitor in connection
with the drafting, review and/or recording of any plans, agreements
or other documentation required pursuant to this Chapter, if applicable.
[Ord. 2013-499, 7/10/2013]
1.
No person shall allow, or cause to allow, stormwater discharges into the Borough's municipal separate storm sewer system (MS4) that are not composed entirely of stormwater, except as provided in Subsection 4 below, and discharges allowed under a state or federal permit.
2.
No person shall allow, or cause to allow, discharges into the municipal
separate storm sewer system (MS4) of any water used in the process
of cleaning equipment or vehicles that carry insecticides, pesticides,
oils, chemicals or detergents.
3.
No person shall allow, or cause to allow, discharges into the municipal
separate storm sewer system (MS4) of any water used in the process
of cleaning commercial vehicles or the commercial cleaning of any
motorized equipment.
4.
Discharges which may be allowed, following a finding by the Borough
upon advice of the Borough Engineer that the discharge(s) do not significantly
contribute to pollution to a regulated small MS4 or waters of the
Commonwealth, are:
A.
Discharges from firefighting activities.
B.
Uncontaminated water from foundation activities or from footing drains.
C.
Potable water sources, including dechlorinated waterline and fire
hydrant flushings.
D.
Flows from riparian habitats and wetlands.
E.
Lawn watering.
F.
Irrigation drainage.
G.
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.
H.
Routine external building washdown (which does not use detergents
or other compounds).
I.
Air-conditioning condensate.
J.
Water from individual residential car washing.
K.
Dechlorinated swimming pool discharges.
L.
Springs.
M.
Uncontaminated groundwater.
N.
Water from crawl space pumps.
5.
In the event that the Borough determines that any of the discharges identified in Subsection 4 above significantly contribute to pollution to a regulated small MS4 or waters of the Commonwealth, or is so notified by DEP, the Borough will notify the responsible person to cease the discharge.
6.
Upon notice provided by the Borough under Subsection 5 above, the discharger shall, within a reasonable period of time, as determined by the Borough, cease the discharge consistent with the degree of pollution caused by the discharge.
7.
Nothing in this Section shall affect a discharger's responsibilities
under federal or state law.
8.
The Borough reserves the right to sample any discharges entering
the municipal separate storm sewer system (MS4).
[Ord. 2013-499, 7/10/2013]
The following connections are prohibited, except as provided in § 19-603 above:
A.
Any drain or conveyance, whether on the surface or subsurface, which
allows any nonstormwater discharge, including sewage, process wastewater,
and wash water, to enter the municipal separate storm sewer system
(MS4), and any connections to the storm drain system from indoor drains
and sinks; and
B.
Any drain or conveyance connected from a commercial or industrial
land use to the municipal separate storm sewer system (MS4) which
has not been documented in plans, maps, or equivalent records and
approved by the Borough.
[Ord. 2013-499, 7/10/2013]
1.
Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches, except as provided in § 19-603.
2.
When it is more advantageous to connect directly to streets or storm
sewers, connections of roof drains to streets or roadside ditches
may be permitted by the Borough upon advice of the Borough Engineer.
3.
Roof drains shall discharge to infiltration areas or vegetative BMPs
to the maximum extent practicable.
[Ord. 2013-499, 7/10/2013]
1.
No person shall modify, remove, fill, landscape or alter any existing
stormwater BMP, unless it is part of an approved maintenance program,
without the prior written approval of the Borough upon advice of the
Borough Engineer.
2.
No person shall place any structure, fill, landscaping or vegetation
into a stormwater BMP or within a drainage easement, which would limit
or alter the functioning of the BMP, without the prior written approval
of the Borough upon advice of the Borough Engineer.
[Ord. 2013-499, 7/10/2013]
[Ord. 2013-499, 7/10/2013]
1.
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this Chapter, the Borough or its
designee 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).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work will be done by the Borough or its designee and the expense
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 Chapter. All such penalties
shall be deemed cumulative, and in addition to such penalties, the
Borough shall be entitled to pursue any and all other remedies available
to the Borough at law or in equity.
[Ord. 2013-499, 7/10/2013]
1.
Any building, land development or other permit or approval issued
by the Borough may be suspended or revoked by the Borough for any
of the following, as determined by the Borough:
A.
Noncompliance with or failure to implement any provision of the permit;
or
B.
A violation of any provision of this Chapter; or
C.
The creation of any condition or the commission of any act during
construction or development which constitutes or creates a hazard,
nuisance or pollution or which endangers the life or property of others.
D.
A suspended permit or approval shall be reinstated by the Borough
when:
E.
The Borough Engineer or designee has inspected and approved the corrections
to the stormwater BMPs or the elimination of the hazard or nuisance;
and
F.
The Borough has determined, in its sole judgment, that the violation
of the ordinance, law, rule or regulation has been satisfactorily
corrected.
2.
A permit or approval which has been revoked by the Borough cannot
be reinstated. The applicant must apply for a new permit under the
procedures outlined in this Chapter.
[Ord. 2013-499, 7/10/2013]
1.
Any person violating the provisions of this Chapter shall be guilty
of a misdemeanor and, upon conviction, shall be subject to a fine
of not more than $600 for each violation, recoverable with costs,
or imprisonment of not more than 10 days, or both. Each day that the
violation continues shall be a separate offense.
2.
In addition, the Borough, through its solicitor, may institute injunctive,
mandamus or any other appropriate action or proceeding at law or in
equity for the enforcement of this Chapter. 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.
[Ord. 2013-499, 7/10/2013]
1.
Any person aggrieved by any action of the Borough or its designee,
relevant to the provisions of this Chapter, may appeal to the municipality
within 30 days of that action.
2.
Any person aggrieved by any decision of the Borough, relevant to
the provisions of this Chapter, may appeal to the Montgomery County
Court of Common Pleas within 30 days of the Borough's decision.
