For the purposes of this Part 2, certain terms and words used
herein shall be interpreted as follows:
A.
Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
B.
The word "includes" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
C.
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
As used in this part, the following terms shall have the meanings
indicated:
Employees or designees of the Mayor of the City of Monessen
designated to enforce this Part 2.
Schedule of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
identified in the Pennsylvania Stormwater Best Management Practices
Manual (http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-68851/363-0300-002.pdf)
issued by the Pennsylvania Department of Environmental Protection
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage. Stormwater BMPs are commonly
grouped into one of two broad categories or measures: "structural"
or "nonstructural.. In this Part 2, nonstructural BMPs or measures
refer to operational and/or behavior-related practices that attempt
to minimize the contact of pollutants with stormwater runoff, whereas
structural BMPs or measures are those that consist of a physical device
or practice that is installed to capture and treat stormwater runoff.
Structural BMPs include, but are not limited to, a wide variety of
practices and devices, from large-scale retention ponds and constructed
wetlands to small-scale underground treatment systems, infiltration
facilities, filter strips, low-impact buffers, sand filters, detention
basins, and manufactured devices. Structural stormwater BMPs are permanent
appurtenances to the project site.
City of Monessen, Westmoreland County, Pennsylvania.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
The Commonwealth of Pennsylvania.
The Westmoreland Conservation District, a conservation district
as defined in Section 3(c) of the Conservation District Law [3 P.S. § 851(c)]
that has the authority under a delegation agreement executed with
DEP to administer and enforce all or a portion of the regulations
promulgated under 25 Pa. Code 102.
Activities subject to NPDES stormwater permits. These include
construction projects resulting in earth disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolitions.
The Pennsylvania Department of Environmental Protection.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to: clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials. Earth disturbance activity is subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.[1]
The United States Environmental Protection Agency.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the storm drain system including
but not limited to any conveyances that allow any nonstormwater discharge
including sewage, process wastewater and wash water to enter the storm
drain system and any connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved by an authorized enforcement
agency or,
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
A document that describes the process to effectively detect
and eliminate illegal discharges into the stormwater system.
Activities subject to NPDES Industrial Stormwater Permits
as defined in 40 CFR, Section 122.26 (b)(14).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the City of Monessen and designed or used for collecting or conveying
stormwater, and that is not used for collecting or conveying sewage.
A permit issued by the Conservation District or DEP [under
authority delegated pursuant to 33 U.S.C. § 1342(b))] that
authorizes the discharge of pollutants to waters of the United States,
whether the permit is applicable on an individual, group, or general
area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
Notice of intent to the DEP to discharge stormwater associated
with industrial activity from a facility including construction sites.
An agreement between the City and landowner covering stormwater
control facilities that are privately owned.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paint, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that may cause
or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; wastes and residues
that result from constructing a building or structure; building and
deck cleaning mixtures; and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
Any activity that may affect stormwater runoff and any activities
that may contribute nonstormwater discharges to a regulated small
MS4.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from the surface of the land resulting from natural precipitation
or snow or ice melt.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving water to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of this commonwealth.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
