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. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structure will not become a hazard to the use, function, or physical integrity of the watercourse.
The City adopts the requirements of the Pennsylvania Stormwater Best Management Practices Manual (http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-68851/363-0300-002.pdf) identifying BMPs 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. The owner or operator of such activity, operation, or facility shall provide, at his or her 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 that 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 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 compliance with the provisions of the section. These BMPs shall be part of an SWMP as necessary for compliance with requirements of the NPDES permit.
Prior to completing construction of an SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix B) covering all stormwater control facilities which are to be privately owned.
The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule and plan in the O&M agreement.
The owner shall convey to the City conservation easements to assure access for periodic inspections by the City and maintenance, as necessary.
The owner shall keep on file with the City the name, address, and telephone number of the person or company responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the City within 10 working days of the change.
Editor's Note: Appendix B is included as an attachment to this chapter.
The owner is responsible for operation and maintenance of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the City may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
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 illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters of the commonwealth, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of nonhazardous materials, said person shall notify the City in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City within three business days of the telephone 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 five years.
Failure to provide notification of a release as provided above is a violation of this chapter.