[Adopted 6-14-2004 by Ord. No. 2004-2]
The purpose of this article is to provide for
the health, safety, and general welfare of the citizens of Lancaster
Township, Lancaster County, Pennsylvania through the regulation of
nonstormwater discharges into the storm drainage or storm sewer system
of Lancaster Township, to the maximum extent practicable as required
by federal and state law. This article establishes methods for controlling
the introduction of pollutants into the Lancaster Township's separate
storm drainage or sewer system (the "MS4") in order to comply with
requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process. The objectives of this article are:
A.
To regulate the contribution of pollutants into Lancaster
Township's separate storm drainage or storm sewer system ("MS4") through
stormwater discharges by any user;
B.
To prohibit illicit connections and illegal discharges
into the Lancaster Township's separate storm drainage or sewer system
("MS4");
C.
To establish and adopt rules, regulations and the
authority to perform all inspections, surveillance and monitoring
procedures necessary to ensure compliance with this article.
As used in the article, terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Employees, representatives or designees of Lancaster Township
who are designated and authorized by the Board of Supervisors of the
Township to enforce this article.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
designed to prevent or reduce the discharge of pollutants directly
or indirectly into stormwater, receiving waters, or stormwater conveyance
systems. BMPs also include treatment practices, operating procedures,
and practices designed to control site runoff, spillage or leaks,
sludge or water disposal, or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
The Commonwealth of Pennsylvania.
Activities subject to NPDES construction permits, these include
construction projects resulting in land disturbance of five acres
or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
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, general welfare, property, or the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed.
Any direct or indirect nonstormwater discharge into the storm drainage system, except as otherwise permitted in § 209-37 of this article.
Shall be either of the following:
Any drain or conveyance, whether on the surface
or subsurface, which allows an illegal discharge to enter the storm
drainage system, including but not limited to any conveyances which
allow any nonstormwater discharge, including sewage, process wastewater,
and wash water to enter the storm drainage system and any connections
to the storm drainage 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 into the storm drainage system which has not
been documented in plans, maps, or equivalent records and approved
by an authorized enforcement agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR, Section 122.26 (b)(14).
A permit issued by the Federal Environmental Protection Agency
[or by a state under authority delegated pursuant to 33 USC § 1342(b)]
that authorizes the discharge of pollutants into waters of the United
States, whether the permit is applicable on an individual, group,
or general areawide basis.
Any discharge into the storm drainage system that is not
composed entirely of stormwater.
Any person who, alone or jointly or severally with others,
shall have:
Legal title to any premises, dwelling, dwelling
unit or commercial or industrial establishment, with or without accompanying
actual possession thereof; or
Charge, care, control of any premises, dwelling,
dwelling unit, or commercial or industrial establishment, as a tenant,
subtenant, owner or tenant of owner or an executor, administrator,
trustee or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply with the provisions
of the article and the rules and regulations adopted pursuant thereto,
to the same extent as if he were the owner.
Any individual, association, organization, partnership, firm,
corporation, public utility, tenant, lessee or other entity recognized
by law and acting as either the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, 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, and accumulations, so that same may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues
that result from constructing a building or structure; 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.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to the Township's separate
storm drainage or storm sewer system ("MS4") and 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 any form of natural precipitation and resulting from
such precipitation.
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 premises and the actions
to eliminate or reduce pollutant discharges into stormwater, storm
drainage system, and/or receiving waters to the maximum extent practicable.
Lancaster Township, Lancaster County, Pennsylvania.
A channel or conveyance of surface water, such as a stream
or creek, having defined beds and banks, whether natural or artificial,
with perennial or intermittent flow.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility or premises.
This article shall apply to all water or other
discharges entering the storm drainage system generated on any developed
and undeveloped lands or premises, unless explicitly exempted by an
authorized enforcement agency.
Lancaster Township, through its authorized enforcement
agency, shall administer, implement and enforce the provisions of
this article. Any powers granted or duties imposed upon the authorized
enforcement agency may be delegated in writing by the Board of Supervisors
of Lancaster Township to persons or entities acting in the beneficial
interest of or in the employ of Lancaster Township.
The provisions of this article are hereby declared
to be severable. If any provision, clause, sentence, or paragraph
of this article or the application thereof to any person, establishment,
or circumstance shall be held to be invalid by a court of competent
jurisdiction, such invalidity shall not affect the other provisions
or the application of this article.
Any ordinance inconsistent with any of the provisions
of this article is hereby repealed to the extent of such inconsistency.
The standards set forth herein and promulgated
pursuant to 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.
A.
Prohibition of illegal discharges. No person shall
discharge or cause to be discharged into the storm drainage system
or watercourses of the Township, commonwealth or the United States
any materials, including but not limited to pollutants or waters containing
any pollutants that cause or contribute to a violation of applicable
water quality standards, other than stormwater. The commencement,
conduct or continuance of any illegal discharge into the storm drainage
system is prohibited except as herein described:
(1)
The following discharges are exempt from the discharge
prohibitions established by this article: waterline or other potable
water sources; flushing landscape irrigation or lawn watering; diverted
stream flows; rising groundwater; groundwater infiltration to storm
drains; uncontaminated pumped groundwater; foundation or footing drains
(not including active groundwater dewatering systems); crawl space
pumps; air conditioning condensation; springs; noncommercial washing
of vehicles; natural riparian habitat or wetland flows; swimming pools
(if dechlorinated, typically less than one PPM chlorine); fire-fighting
activities; and any other water source not containing pollutants.
(2)
Discharges specified in writing by the authorized
enforcement agency as being necessary to protect the public health,
safety and general welfare.
(3)
Dye testing shall be an allowable discharge, but only
if a written notification is given to the authorized enforcement agency
prior to the time of the test.
(4)
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 Federal Environmental Protection Agency, provided that the
discharger 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 into the
storm drainage system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections into the storm drainage system is prohibited.
(2)
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 initial connection.
(3)
A person is considered to be in violation of this
article if the person connects a line conveying sewage to the storm
drainage system or allows such a connection to continue.
A.
Suspension due to illegal discharges or illicit connections
in emergency situations. Lancaster Township, through its authorized
enforcement agency may, without prior notice, suspend storm drainage
system 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,
safety or general welfare of persons, or to the storm drainage system
or waters of the Township, commonwealth or the United States. If the
violator fails to comply with a suspension order issued in an emergency,
the authorized enforcement agency may take such steps as are deemed
necessary to prevent or minimize damage to the storm drainage system
or waters of the Township, commonwealth or United States, or to minimize
danger to persons.
B.
Suspension due to the detection of illegal discharges
or illicit connections.
(1)
Any person discharging into the storm drainage system
in violation of this article may have their storm drainage system
access terminated if such termination would abate or reduce an illegal
discharge or illicit connection. The authorized enforcement agency
will notify a violator of the proposed termination of its storm drainage
system access. The violator may petition the authorized enforcement
agency for a reconsideration and hearing.
(2)
A person commits an offense if the person reinstates
storm drainage system access to a premises terminated pursuant to
this section, without the prior approval of the authorized enforcement
agency.
Any person subject to a construction or industrial
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 authorized enforcement agency prior to
allowing discharges into the storm drainage system.
A.
Applicability. This section applies to all facilities
and any premises that have stormwater discharges associated with commercial
or industrial activity, including construction activity.
B.
Access to facilities.
(1)
The authorized enforcement agency shall be permitted
to enter and inspect facilities or a premises 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
premises, the discharger shall make the necessary arrangements to
allow access to the authorized enforcement agency or its representatives.
(2)
Facility operators shall allow the authorized enforcement
agency or its representatives 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 authorized enforcement agency and its representatives
shall have the right to set up on any such permitted facility or premises
such devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's or
premises' stormwater discharge.
(4)
The authorized enforcement agency has the right to
require the discharger to install monitoring equipment as necessary.
The facility's or premises' sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the discharger at its own cost and expense. All devices used to
measure stormwater flow and quality shall be calibrated on an annual
basis to ensure their accuracy. The discharger shall provide to the
authorized enforcement agency copies of such calibration test results.
(5)
Any temporary or permanent obstruction to safe and
easy access to a facility or premises to be inspected and/or sampled
shall be promptly removed by the owner of such facility or premises
at the written or oral request of the authorized enforcement agency
and shall not be replaced. The costs of clearing such access shall
be borne by the owner of such facility.
(6)
Unreasonable delays in allowing the authorized enforcement
agency or its representatives access to a permitted facility or premises
is a violation of the NPDES stormwater discharge permit and of this
article. A person who is the operator or owner of a facility or premises
with an NPDES permit to discharge stormwater associated with a commercial
or industrial activity commits an offense if such person denies the
authorized enforcement agency or its representatives reasonable access
to the permitted facility or premises for the purpose of conducting
any activity authorized or required by this article.
(7)
If the authorized enforcement agency or its representatives
have been refused access to any part of a facility or premises from
which stormwater is discharged, and he/she is able to demonstrate
probable cause to believe that there may be a violation of this article
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 public
health, safety and general welfare of the residents of the Township
or the commonwealth, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
A.
The Township, through its authorized enforcement agency,
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 drainage system,
or waters of the Township, commonwealth or United States.
B.
The owner or operator of a commercial or industrial
establishment shall provide, at his own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes
into the storm drainage system or watercourses through the use of
these structural and nonstructural BMPs. Further, any person responsible
for a facility or premises, which is or may be the source of an illicit
connection or illegal discharge, may be required to implement, at
said person's expense, additional structural and nonstructural BMPs
to prevent the further discharge of pollutants into the storm drainage
system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with an
industrial or commercial activity, to the extent practicable, shall
be deemed to be 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 a facility or premises through
which a watercourse passes, or such person's lessee, shall keep and
maintain that part of the watercourse within the premises 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 any other requirements of law,
as soon as any person responsible for a facility, operation or a premises,
or responsible for emergency response for a facility, operation or
a premises, 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 drainage system, or waters
of the Township, commonwealth or United States, such 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 authorized enforcement agency 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. Whenever the authorized enforcement
agency finds that a person has violated a prohibition or failed to
meet a requirement of this article, the authorized enforcement agency
may order compliance by written notice of violation to the owner or
responsible person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illegal discharges or illicit connections;
(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
an affected premises or other 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
owner or violator fail to remediate or restore within the established
deadline, the work will be done by a designated governmental agency
or a contractor selected by the Township and the expense thereof shall
be charged to the owner or violator.
Any person receiving a notice of violation may
appeal the determination of the authorized enforcement agency. The
notice of appeal to the Township's Board of Supervisors must be received
within seven days from the date of the notice of violation. Hearing
on the appeal before the Board of Supervisors or its designee shall
take place within 15 days from the date of receipt of the notice of
appeal. The decision of the Board of Supervisors or its 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 five days of the decision of the Board
of Supervisors or its designee upholding the decision of the authorized
enforcement agency, then representatives of the authorized enforcement
agency shall enter upon the subject private property or premises and
are authorized to take any and all measures necessary to abate the
violation and/or restore the property or premises. Any costs incurred
by the authorized enforcement agency or contractor engaged by it to
abate such violation shall be charged to and be collectible from the
owner or violator. It shall be unlawful for any person, owner, agent
or person in possession of any premises to refuse to allow the authorized
enforcement agency or designated contractor to enter upon the premises
for the purposes set forth above.
A.
Within 10 days after abatement of the violation, the
owner of the premises will be notified of the cost of abatement, including
administrative costs. The owner may file a written protest objecting
to the amount of the assessment within seven days. If the amount due
is not paid within a timely manner, as determined by the decision
of the Board of Supervisors or after the expiration of the time in
which to file an appeal, the charges shall become a special assessment
against the subject premises and shall constitute a lien on the premises
for the amount of the assessment.
B.
Any person violating any of the provisions of this
section shall become liable to the Township by reason of such violation.
The assessment may be paid in not more than 12 equal payments. Interest
at the rate of 6% per annum shall be assessed on the balance beginning
on the 10th day following the bill for such assessment until paid
in full.
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 authorized enforcement agency may petition the
Court of Common Pleas of Lancaster County for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling that person to perform abatement
or remediation of the violation.
In lieu of the enforcement proceedings, penalties,
and remedies authorized by this article, the Township, through its
Board of Supervisors or the authorized enforcement agency may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, and
the like.
In addition to the enforcement provisions and
penalties provided in this article, any condition caused or permitted
to exist in violation of any of the provisions of this article is
a threat to the public health, safety and general welfare, and is
declared and deemed a 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 by
means of injunction or other appropriate relief by action at law or
in equity. Any court of competent jurisdiction shall have the right
to issue restraining orders, temporary or permanent injunctions, mandamus
or other appropriate forms of remedy or relief.
Any person that has violated or continues to
violate this article shall be guilty of a misdemeanor and, upon conviction,
shall be subject to a fine of not more than $1,000 for each violation,
recoverable with costs or imprisonment for a period of time not to
exceed 30 days, or both. Each day that the violation continues shall
be a separate offense.
The authorized enforcement agency and Township
may recover all attorneys' fees, court costs and other expenses associated
with enforcement of this article, including sampling and monitoring
expenses.
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 authorized
enforcement agency to seek cumulative remedies.
