The standards set forth herein and promulgated by this article
are minimum standards; therefore, this article does not intend nor
imply that compliance by any person will ensure that there will be
no contamination, pollution, nor unauthorized discharge of pollutants.
[Amended 8-18-2022 by Ord. No. 772]
A.
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.
C.
The following discharges are authorized unless they are determined
to be significant contributors to pollution to a regulated small MS4
or to the waters of this commonwealth:
(1)
Discharges or flows from firefighting activities.
(2)
Discharges from potable water sources including water line flushing
and fire hydrant flushing if such discharges do not contain detectable
concentrations of total residual chlorine (TRC).
(3)
Noncontaminated irrigation water, water from lawn maintenance, landscape
drainage and flows from riparian habitats and wetlands.
(4)
Diverted stream flows and springs.
(5)
Noncontaminated pumped groundwater and water from foundation and
footing drains and crawl space pumps.
(6)
Noncontaminated HVAC condensation and water from geothermal systems.
(7)
Residential (i.e., not commercial) vehicle wash water where cleaning
agents are not utilized.
(8)
Noncontaminated hydrostatic test water discharges if such discharges
do not contain detectable concentrations of TRC.
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs wherever feasible.
[Added 8-18-2022 by Ord. No. 772[1]]
No person shall modify, remove, fill, landscape, or alter any
SWM BMPs, facilities, areas, or structures that were installed as
a requirement of this chapter without the written approval of the
municipality.
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 article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
A.
Suspension due to illicit discharges in emergency situations. The
Borough, without prior notice, may issue an order to 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.
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 to minimize danger to persons, including, without
limitations, 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.
B.
Suspension due to the detection of illicit discharge or illicit connection.
Any person discharging to the MS4 in violation of this article 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.
C.
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.
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.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
The Borough shall be permitted to enter and inspect facilities subject
to regulation under this article as often as may be necessary to determine
compliance with this article. 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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Unreasonable delays in allowing the Borough access to a permitted
facility are a violation of a stormwater discharge permit and of this
article. 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 article.
(7)
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 article 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.
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.
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.
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,
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 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.
A.
Notice of violation.
(1)
Whenever the Borough finds that a person has violated a prohibition
or failed to meet a requirement of this article, notice shall set
forth basis of the violation, section(s) violated, and shall identify
the property. The Borough may order compliance by written notice of
violation to the responsible person. Such notice may require, without
limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(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;
and
(f)
The implementation of source control or treatment BMPs.
(2)
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.
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.
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.
A.
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.
B.
Any person violating any of the provisions of this article 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.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, 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.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the Borough may impose upon a violator
alternative compensatory action, such as storm drain stenciling, attendance
at compliance workshops, creek cleanup, etc.
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 article 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.
Any person that has violated or continues to violate this any section of this Article VIII 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.
The Borough may recover all attorney fees, court costs and other
expenses associated with enforcement of this article, either criminal
or civil, including sampling and monitoring expenses or other costs
of investigation.
The remedies listed in this article 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.
