As used in this Part
6, the following terms shall have the meanings indicated:
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of Spring Garden Township designated to administer and enforce this Part
6. The Spring Garden Township Board of Supervisors shall designate an authorized enforcement entity by resolution.
BEST MANAGEMENT PRACTICES (BMPs)
Schedule 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.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include
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.
DEP
The Pennsylvania Department of Environmental Protection,
and its successor agencies.
HAZARDOUS MATERIALS
Any material, including any substance, waste, or combination
thereof that, 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.
ILLICIT CONNECTION
Either of the following:
A.
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 non-stormwater
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;
B.
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.
ILLICIT DISCHARGE
Any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater, excluding discharges authorized
by a valid NPDES permit and discharges resulting from fire-fighting
activities. See 40 CFR 122.26(b)(2).
INDUSTRIAL ACTIVITY
Activities subject to NPDES Industrial Permits as defined
in 40 CFR 122.26(b)(14).
PERSON
Any individual, association, institution, trust, estate,
organization, partnership, firm, corporation, or other legal entity.
POLLUTANT
Anything that causes pollution. "Pollution" for purposes of this Part
6 shall mean contamination of any waters of the commonwealth such as will create or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, municipal, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life, including but not limited to such contamination by alteration of the physical, chemical or biological properties of such waters, or change in temperature, taste, color or odor thereof, or the discharge of any liquid, gaseous, radioactive, solid or other substances into such waters.
PREMISES
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, and which shall always include adjacent sidewalks
and parking strips.
STORMWATER
Runoff and surface drainage consisting primarily of water
resulting from any form of natural precipitation, including rain,
snow and ice.
STORMWATER DRAINAGE SYSTEM
Publicly owned facilities, located within the jurisdictional
boundaries of the Township, and 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 structures.
STORMWATER POLLUTION PREVENTION PLAN
A document that describes the best management practices and
activities to be implemented by a person to identify sources of pollution
or contamination at a site and the actions to eliminate, minimize,
or reduce pollutant discharges to stormwater, stormwater drainage
systems, and/or receiving waters to the maximum extent practicable.
WASTEWATER
Any water, other liquid, or mixture thereof, other than uncontaminated
stormwater, discharged from an industrial or commercial facility.
WATERCOURSE or STREAM
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
TOWNSHIP
Spring Garden Township, York County, Pennsylvania.
This Part
6 shall apply to all water, including liquids and solids mixed with or carried by water, that enters the stormwater drainage system generated on any parcel or portion thereof in the Township unless specifically exempted by an authorized enforcement agency.
The Township, or its designees or representatives, shall administer, implement, and enforce the provisions of this Part
6. Any powers granted or duties and obligations imposed by law upon the Township m ay be delegated in writing by the Township to persons or entities acting on behalf of or in the employ of the Township.
The provisions of this Part
6 are severable. If any provision, section, clause, sentence, or other portion of this Part
6 or the application thereof to any person or circumstance shall be held invalid, illegal or unconstitutional, such invalidity shall not affect the other provisions or application of this Part
6.
The standards and requirements set forth in this Part
6 are, by their nature, baseline standards. Implementation and enforcement of this Part
6 does not guarantee that compliance by any person will eliminate all contamination, pollution, or unauthorized discharge of pollutants. Additional measures may be required where necessary to protect water quality.
The Township shall develop and recommend to the Supervisors
requirements identifying best management practices ("BMPs") for any
activity, operation, or facility that may cause or contribute to pollution
or contamination of stormwater, the stormwater drainage system or
waters of the United States. The owner or operator of a commercial
or industrial facility shall provide, at his or her own expense, a
reasonable protection from accidental discharge of prohibited materials,
substances, or wastes into the stormwater drainage system or watercourses
through the use of structural and nonstructural BMPs. Any person responsible
for a property or premises that is or may be the source of an illicit
or illegal discharge may be required to implement, at his or her sole
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the stormwater drainage 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 compliance with the provisions
of this section. These BMPs shall be part of a stormwater pollution
prevention plan (SWPP) as necessary compliance with requirements of
the Township's NPDES stormwater discharge permit.
Every person owning property or operating on property through
which a watercourse passes 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 otherwise
negatively impact water quality in the watercourse. In addition, the
owner or operator of the property shall maintain existing privately
owned structures within or adjacent to a watercourse so that such
structures will not negatively impact water quality in the watercourse.
Notwithstanding other legal requirements, any person who suspects
or becomes aware of an imminent threat of pollution into the stormwater
drainage system, or a water of the United States from stormwater,
shall ensure that all required notifications are provided to the Township
and to the DEP. Further, all persons directly or indirectly responsible
for the source of the discharge and/or the property where it is occurring
who become aware of such imminent threat of pollution shall take immediate
steps necessary to ensure the termination of the discharge, containment
of pollution, and cleanup of pollution. In the event that the pollution
subject of the notification is a known or suspected hazardous material,
the county emergency response agency shall be notified. In the event
that the pollution subject of the notification is of a nonhazardous
nature, the notification should be provided to the Township within
60 minutes of discovery. Notifications provided in person or by phone
shall be confirmed in writing to the Township and to the DEP within
10 days after initial oral or personal notice was provided. The owner
and/or operator of the subject property shall retain on site a copy
of the written notification(s) for a minimum three years from the
date of the pollution event.
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 Part
6 is a threat to public health, safety, and 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, with all costs thereof, including, but not limited to, the Township's costs and attorney's fees, to be borne by the violator.
Any person that has violated or continues to violate this Part
6 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 30 days.
The Township may recover all attorney's fees, court costs and other expenses associated with enforcement of this Part
6, including, but not limited to, sampling and monitoring expenses, from persons upon whom enforcement action is taken or directed.
The remedies listed in this Part
6 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.