[HISTORY: Adopted by the Mayor and Council of the Borough
of Blawnox 5-28-2005 by Ord. No.
553. Amendments noted where applicable.]
The definitions of terms commonly used in the field of erosion
and sediment pollution control are contained in the Department of
Environmental Protection, Chapter 102, Regulations[1] and are hereby adopted by the Borough of Blawnox and incorporated
herein. Two additional terms are often used and herein defined are
as follows:
A channel of conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent
flow.
Rivers, streams, creeks, rivulets, impoundments, ditches,
watercourses, storm sewers, lakes, dammed water, wetlands, ponds,
springs and other bodies or channels of conveyance of surface water,
or parts thereof, whether natural or artificial, within or on the
boundaries of this commonwealth.
[1]
Editor's Note: See 25 Pa. Code Chapter 102.
It shall be unlawful for any person, landowner, business or
corporation to undertake any earthmoving activities in excess of 1,000
square feet without developing, implementing and maintaining erosion
and sedimentation control measures and facilities that effectively
minimize accelerated erosion and prevent sediment pollution to waters
of the commonwealth. These controls shall be contained in an erosion
and sedimentation control plan that meets the requirements of the
Department of Environmental Protection's Chapter 102, Erosion
Control Regulations.[1] A copy of the erosion and sedimentation control plan must
be available at the earthmoving site at all times.
[1]
Editor's Note: See 25 Pa. Code Chapter 102.
Prior to the approval of any grading plan permit by the Borough
of Blawnox, an erosion and sedimentation control plan must be submitted
to and approved by the Allegheny County Conservation District. The
appropriate DEP permit authorizing earthmoving activities for sites
involving five or more acres of land disturbance must also be obtained
from the Allegheny County Conservation District or the Department
of Environmental Protection.
Erosion and sedimentation control plan shall be developed in
accordance with the Department of Environmental Protection's
Chapter 102 Regulations.[1] A complete explanation of the regulations and recommendations
for preparing plans is available in the Department of Environmental
Protection's Publication "Erosion and Sediment Pollution Control Program
Manual." The regulations and recommendations are thereby adopted by
the Borough of Blawnox and incorporated herein. The DEP's Manual
is available through the offices of the Allegheny County Conservation
District.
[1]
Editor's Note: See 25 Pa. Code Chapter 102.
Applications for approval of an erosion and sedimentation control
plan under the requirements of this chapter shall be made by completing
all required spaces on the standard application and tracking form,
Exhibit A, and forwarding the form to the Allegheny County Conservation
District at the following address:
Allegheny County Conservation District
400 North Lexington Street
Pittsburgh, Pennsylvania 15208-2566
No grading permits will be issued by the Borough of Blawnox
unless and until an approved erosion and sedimentation control plan
is received. Erosion and sedimentation control plans will be reviewed
within the following time limits:
The fee for the review of the erosion and sedimentation control
plan that will be charged by the Allegheny County Conservation District
is listed on Exhibit A, attached hereto.[1] The applicant must determine the amount of the fee that
will apply to their application. Anyone requiring a complete explanation
of district charges for plan review should contact the Allegheny County
Conservation District for such information.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
The Borough of Blawnox and the Allegheny County Conservation
District are hereby authorized and directed to conduct both routine
and emergency site inspections of ongoing earthmoving operations,
without prior notification, within the municipal boundaries of the
Borough of Blawnox to establish compliance with the approved erosion
and sedimentation control plan.
All violations of the ordinance requirements of this chapter
determined during a site inspection shall be listed on an inspection
report which itemizes the following items for each violation:
A.
Specific type of violation, including location and scope;
B.
Provide a period of time during which the person(s) responsible for
the earthmoving activity may correct the violations without the assessment
of any penalties; and
C.
The inspection report shall be signed by the inspector and person
responsible for the earthmoving activity (or a designated representative)
and a copy provided to the person responsible for the earthmoving
activity.
In case any building, structure or land is, or is proposed to
be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Borough of Blawnox, with
the approval of its Council, in addition to other remedies permitted
by law, may institute in the name of the Borough of Blawnox any appropriate
action or proceeding to prevent, restrain, correct, or abate such
building, structure or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Allegheny County.
Whenever any provision of this chapter is at variance with another
lawfully adopted rule, regulation, ordinance, restriction or covenant,
that which imposes the most restrictive requirement shall governed.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, section
or parts of this chapter. It is hereby declared as the intent of the
Council of the Borough of Blawnox that this chapter would have been
adopted had such unconstitutional, illegal or invalid sentence, clause,
section or part thereof not been included herein.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
