[Ord. 2011-12-10, 12/12/2011]
1.
The standards set forth herein and promulgated by this Part are minimum
standards; therefore, this Part does not intend nor imply that compliance
by any person will ensure that there will be no contamination, pollution,
nor unauthorized discharge of pollutants.
[Ord. 2011-12-10, 12/12/2011]
1.
No person shall discharge or cause to be discharged in to storm drain
system or waters of this commonwealth any materials, including, but
not limited to, pollutants or waters containing pollutants that cause
or contribute to a violation of applicable water quality standards,
other than stormwater. Any discharge in violation of the Part shall
be considered an illicit discharge, except as exempted below.
2.
The commencement, conduct or continuance of any illicit discharge
to the storm drain system or waters of this commonwealth is prohibited
except as follows:
A.
Discharges from firefighting activities.
B.
Potable water sources, including water line flushing.
C.
Irrigation drainage.
D.
Air-conditioning condensate.
E.
Springs.
F.
Water from crawl space pumps.
G.
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 are not used.
H.
Diverted stream flows.
I.
Groundwater infiltration to storm drains.
J.
Crawl space pumps.
K.
Flows from riparian habitats and wetlands.
L.
Uncontaminated water from foundations or from footing drains.
M.
Lawn watering.
N.
Dechlorinated swimming pool discharges (less than one PPM chlorine).
O.
Uncontaminated groundwater.
P.
Water from individual residential car washing.
Q.
Routine external building washdown (which does not use detergents
or other compounds).
R.
Water discharged in well testing for potable water sources.
S.
Uncontaminated pumped groundwater.
T.
Discharges specified in writing by the Borough as being necessary
to protect public health and safety.
U.
Dye testing is an allowable discharge but requires a verbal notification
to the Borough 48 hours prior to the time of the test.
V.
The prohibition shall not apply to any nonstormwater discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the DEP, provided
that the discharge is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drain system and/or waters of this commonwealth.
[Ord. 2011-12-10, 12/12/2011]
1.
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
A.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
B.
A person is considered to be in violation of this Part if the person
connects a line conveying sewage to the MS4 or allows such a connection
to continue.
[Ord. 2011-12-10, 12/12/2011]
1.
Suspension Due to Illicit Discharges in Emergency Situations. The
Borough, the Commonwealth of Pennsylvania and the United States of
America 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 the Commonwealth of Pennsylvania, or the United
States. 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 the Commonwealth
of Pennsylvania or United States, or to minimize danger to persons,
including, without limitation, entering the 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 illicit discharge.
2.
Suspension Due to the Detection of Illicit Discharge or Illicit Connection.
Any person discharging to the MS4 in violation of this Part 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 authorized enforcement agency.
[Ord. 2011-12-10, 12/12/2011]
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 may be required
in a form acceptable to the Borough prior to the allowing of discharges
to the MS4.
[Ord. 2011-12-10, 12/12/2011]
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 Part as often as may be necessary to determine
compliance with this Part. If a discharger has security measures in
force which 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 Borough, 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 are a violation of a stormwater discharge permit and of this
Part. 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 Part.
G.
If the Borough has been refused access to any part of the premises
from which stormwater is discharged, and the Borough representative
is able to demonstrate probable cause to believe that there may be
a violation of this chapter, 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 Part or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.
[Ord. 2011-12-10, 12/12/2011]
The Borough will adopt requirements identifying best management
practices 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 of Pennsylvania or the
United States. 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 in 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.
[Ord. 2011-12-10, 12/12/2011]
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 structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
[Ord. 2011-12-10, 12/12/2011]
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 the Commonwealth of Pennsylvania
or the United States, 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 authorized enforcement agency
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.
[Ord. 2011-12-10, 12/12/2011]
1.
Notice of Violation.
A.
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this Part, the Borough may order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease
and desist;
(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;
and
(6)
The implementation of source control or treatment BMPs.
B.
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator or assessed as a municipal lien on the property.
[Ord. 2011-12-10, 12/12/2011]
Any person receiving a notice of violation may appeal the determination
of the Borough. The notice of appeal must be received within 30 days
from the date of the notice of violation. A hearing on the appeal
before the appropriate authority or his/her designee shall take place
within 15 days from the date of receipt of the notice of appeal. The
decision of the Borough authority or their designee shall be final.
[Ord. 2011-12-10, 12/12/2011]
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within 15 days of the hearing representative's decision upholding
the decision of the Borough, then representatives of the Borough shall
enter upon the subject private property and are authorized to take
any and all measures necessary to abate the violation and/or restore
the property. It shall be unlawful for any person, owner, agent, or
person in possession of any premises to refuse to allow the Borough
or designated contractor to enter upon the premises for the purposes
set forth above.
[Ord. 2011-12-10, 12/12/2011]
1.
Within 30 days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative
costs. The property owner may thereafter file a written protest objecting
to the amount of the assessment within 30 days. If the amount due
is not paid within a timely manner as determined by the decision of
the Borough or by the expiration of the time in which to file an appeal,
the charges shall become a special assessment against the property
and shall constitute a municipal lien on the property for the amount
of the assessment.
2.
Any person violating any of the provisions of this Part shall become
liable to the Borough by reason of such violation. The liability shall
be paid in not more than 12 equal payments. Interest at the rate of
12% per annum shall be assessed on the balance beginning on the first
day following discovery of the violation.
[Ord. 2011-12-10, 12/12/2011]
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this Part. If a
person has violated or continues to violate the provisions of this
Part, the Borough may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation.
[Ord. 2011-12-10, 12/12/2011]
In lieu of enforcement proceedings, penalties, and remedies
authorized by this Part, the Borough may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
[Ord. 2011-12-10, 12/12/2011]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this Part is a threat to public health, safety,
and welfare, and is declared and deemed a public nuisance, and may
be summarily abated or restored at the violator's expense, and/or
a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
[Ord. 2011-12-10, 12/12/2011]
Any person that has violated or continues to violate any section of this Part 8 shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $1,000 per violation per day and/or imprisonment for a period of time not to exceed 90 days.
[Ord. 2011-12-10, 12/12/2011]
The Borough may recover all attorneys' fees, court costs
and other expenses associated with enforcement of this Part, either
criminal or civil, including sampling and monitoring expenses or other
costs of investigation.
[Ord. 2011-12-10, 12/12/2011]
The remedies listed in this Part are not exclusive of any other
remedies available under any applicable federal, state or local law,
and it is within the discretion of the Borough to seek cumulative
remedies.
