The following acts are prohibited and shall be subject to enforcement
procedures, remedies and penalties for violation:
A.
No discharge of toxic materials shall be permitted into any stormwater
management system. Where required by federal and state regulation,
the landowner or developer shall be responsible for obtaining an NPDES
for stormwater discharges.
B.
Any drain (including indoor drains and sinks) or conveyance, whether
on the surface or underground, that allows any nonstormwater discharge
(including sewage, process wastewater and wash water) to enter into
the separate storm sewer system, watercourse or waters of the commonwealth
is prohibited.
C.
No drain or conveyance shall be connected from a commercial or industrial
land use to the separate storm sewer system without documentation
in plans, maps or equivalent records submitted to the Township and
without prior approval of the Township.
D.
No person shall allow, or cause to allow, discharges into the Township's
separate storm sewer system or into surface waters of the commonwealth
which are not composed entirely of stormwater, excepting only discharges
allowed under a federal or state permit or the following discharges,
which are authorized unless they are determined to be significant
contributors to pollution to waters of the commonwealth:
(1)
Discharges from firefighting activities;
(2)
Potable water sources including dechlorinated water line and fire
hydrant flushings;
(3)
Irrigation drainage or springs;
(4)
Air-conditioning condensate;
(5)
Water from crawl space pumps;
(6)
Flows from riparian habitats and wetlands;
(7)
Uncontaminated water from foundations or from footing drains;
(8)
Lawn watering;
(9)
Dechlorinated swimming pool discharges;
(10)
Uncontaminated groundwater;
(11)
Water from individual residential car washing;
(12)
Routine external building washdown (excluding use of detergents,
other compounds);
(13)
Diverted stream flows; and/or
(14)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents not used.
E.
In the event the Township or PaDEP determines that any of the discharges identified in Subsection D, above, significantly contribute to pollution of waters of the commonwealth, the Township or the PaDEP will notify the responsible person(s) to cease and terminate the discharge.
(1)
Upon notice provided by the Township or the PaDEP under Subsection E, the discharger will have a reasonable time, as determined by the Township or PaDEP, to cease the discharge.
(2)
Failure to cease such discharge by the time required under this subsection
shall constitute a violation of this chapter, and each day of continued
discharge shall constitute a separate violation.
(3)
Nothing in this subsection shall affect a discharger's responsibilities
under Pennsylvania law.
F.
No person shall modify, remove, fill, landscape or alter any existing
stormwater BMP, facilities, areas or structures, unless it is part
of a maintenance program approved by the Township, without the written
approval of the Township.
G.
No person shall place any structure, fill, landscaping or vegetation
into a stormwater BMP, facility, areas, structures or within a drainage
easement which would limit or alter the functioning of the BMP or
impede access to the easement premises, without the prior written
approval of the Township.
In the event that the applicant, developer, owner or his/her
agent fails to comply with the requirements of this chapter or fails
to conform to the requirements of any permit, a written notice of
violation shall be issued by the Township Engineer or any designated
municipal official. Such notification shall set forth the nature of
the violations(s) and establish a time limit for correction of the
violation(s). Upon failure to comply within the time specified, unless
otherwise extended by the Township, the applicant, developer, owner
or his/her agent shall be subject to the enforcement remedies of this
chapter.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
a violation, to prevent unlawful construction, to recover damages
and to prevent illegal occupancy of a building or premises.
B.
In accordance with the Pennsylvania Municipalities Planning Code
(Sec. 515.1),[1] the Township shall refuse to issue any permit or grant
approval to further improve or develop any property which has been
developed in violation of this chapter, this extending to those persons
referenced in said section.
[1]
Editor's Note: See 53 P.S. § 10515.1.
A.
Enforcement notice and procedures.
(1)
Enforcement notice. If it appears to the Township that a violation
of this chapter has occurred, the Township shall initiate enforcement
proceedings by sending an enforcement notice. Such enforcement notice
shall comply with requirements therefor as set forth in MPC Section
616.1[1] and in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek, as amended.
[1]
Editor's Note: See 53 P.S. § 10616.1.
(2)
Service of notice. An enforcement notice shall be sent to the owner
of record of the parcel on which the violation has occurred, to any
person who has filed a written request to receive enforcement notices
regarding that parcel and/or to any other person requested in writing
by the owner of record.
B.
Penalties for violation. Any person who or which has violated or permitted the violation of any provision(s) of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township in accordance with Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, of the Code of the Township of Millcreek, as amended, pay a judgment of $600 for each such violation, plus all court costs and including all attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of determination of a violation by the District Magisterial Judge.
C.
Continuing violations. Each day that a violation continues shall
constitute a separate violation, unless the District Magisterial Judge
determining that there has been a violation further determines that
there was a good faith basis for the person or entity violating the
chapter to have believed that there was no such violation, in which
event there shall be deemed to have been only one such violation until
the fifth day following the date of the determination of a violation
by the District Magisterial Judge. Thereafter, each day that a violation
continues shall constitute a separate violation.
D.
Payment of judgments, costs and fees. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to Millcreek Township.
E.
Collection of judgment. If the defendant neither pays nor timely
appeals the judgment entered by the District Magisterial Judge, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure.
F.
Remedies nonexclusive. In the event of a violation of any provision
of this chapter, the Township shall have authority to exercise or
pursue any or all of the remedies available to it under this article,
the Municipalities Planning Code and other applicable laws and ordinances.
Election by the Township of one or more remedies shall not be deemed
to exclude exercise of other available remedies.
G.
Private enforcement not authorized. Nothing contained in this section
shall be construed or interpreted to grant to any person or entity
other than the Township the right to commence any action for enforcement
pursuant to this section; provided, however, that this chapter shall
not be construed or interpreted to deprive persons of their private
rights or remedies under the Act.
