[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 75.
Floodplain management — See Ch. 108.
Sewers and sewage disposal — See Ch. 179.
Solid waste and recycling — See Ch. 187.
Stormwater management — See Ch. 199.
Streets, sidewalks and curbs — See Ch. 203.
Subdivision of land — See Ch. 208.
Water supply — See Ch. 238.
Zoning — See Ch. 255.
[Adopted 10-9-2007 by Ord. No. 2007-4]
For the purposes of this article, the following
shall mean:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
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.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES Construction Permits. Beginning
in March 2003, NPDES Stormwater Phase II permits will be required
for construction projects resulting in land disturbance of one acre
or more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Pennsylvania Department of Environmental Protection.
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, which allows an illegal discharge to enter the storm
drain system, including but not limited to any conveyances which allow
any nonstormwater discharge, including sewage, process wastewater,
or 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 which has not been
documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
As defined in § 197-5.
Activities subject to NPDES Industrial Permits as defined
in 40 CFR Section 122.26(b)(14).
East Manchester Township, York County, Pennsylvania.
A permit issued by EPA [or by PA 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.
Any individual, association, organization, partnership, firm,
corporation 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, ordinances, 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.
Privately or 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 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 a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering
the storm drain system of the Township generated on any developed
or undeveloped lands unless explicitly exempted by the Township.
The Township shall administer, implement, and
enforce the provisions of this article. Any powers granted or duties
imposed upon the Township may be delegated, in writing, by the governing
body of the Township to employees, agents or designees of the Township.
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.
No person shall discharge or cause to be discharged into the Township's storm drain system or watercourses 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. Any discharge in violation of this § 197-5 shall be considered illicit discharges, except as exempted below.
B.
The commencement, conduct or continuance of any illicit
discharge to the storm drain system is prohibited except as described
as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this article: water line flushing or other
potable water sources, 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 wet land 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 Township as
being necessary to protect public health and safety.
(3)
Dye testing is an allowable discharge, but requires
a verbal notification to the Township 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 DEP, 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 to the storm drain system.
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 Township 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 Township may take such steps as
deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States, or to minimize danger to persons, including,
without limitation, entering onto property for the purpose of disconnecting
and/or performing emergency maintenance or repairs to storm sewers.
In the event the Township must disconnect or perform emergency maintenance
and/or repairs, the Township may file and attach a municipal lien
on the property which is causing the 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 Township will notify a violator of the proposed termination of
its MS4 access. The violator may petition the Township 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 Township.
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 shall be required
in a form acceptable to the Township 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 Township 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 Township.
(2)
Facility operators shall allow the Township 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 Township shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of
the authorized enforcement agency to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Township 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
Township and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing Township access to
a permitted facility is 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 Township reasonable
access to the permitted facility for the purpose of conducting any
activity authorized or required by this article.
(7)
If Township has been refused access to any part of
the premises from which stormwater is discharged, and it 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 overall public health, safety, and welfare of the community,
then the Township may seek issuance of a search warrant from any court
of competent jurisdiction.
Township 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 U.S. 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
(SWPPP) 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 an illicit discharges or pollutants discharging into
stormwater, the storm drain system, or water of the U.S. 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 Township 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 Township 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 Township finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
Township 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 illicit
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 Township. The notice of appeal must
be received within 30 days from the date of the notice of violation.
Hearing on the appeal before a designated hearing representative of
the Township shall take place within 60 days from the date of receipt
of the notice of appeal. The decision of the Township 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 Township, then representatives
of the Township shall enter upon the subject private property and
may 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
Township or designated contractor to enter upon the premises for the
purposes set forth above.
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 municipal authority 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.
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 Township 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 authorized enforcement
agency may impose upon a violator alternative compensatory actions,
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 public nuisance may be taken.
Any person who violates any provisions of this
article shall commit a criminal offense and shall, upon being found
guilty by a Magisterial District Judge, after hearing, pay a fine
not to exceed $1,000, together with all court costs as permitted by
law. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense, which shall
be subjection to prosecution as such.
The Township may recover all attorneys' 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 Township
to seek cumulative remedies.
