[Adopted 2-8-2012 by Ord. No. 2012-05]
A.
The purpose of this Part 6 is to provide for the health, safety,
and general welfare of the citizens of Spring Garden Township through
the regulation of non-stormwater discharges to the Township's storm
drainage system to the extent practicable and as required by federal
and state law.
B.
This Part 6 is intended:
(1)
Regulate the contribution of pollutants to the municipal separate
storm sewer system by any person.
(2)
Prohibit illicit connections and discharges to the municipal
separate storm sewer system.
(3)
Establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement requirements set forth in state and federal
law.
C.
The scope of this Part 6 includes "illicit discharge," as defined
herein. Sources of nonstormwater that fall within the definition of
illicit discharge, but which do not constitute a significant source
of pollutants to the Spring Garden stormwater drainage system are
not addressed by this Part 6.
As used in this Part 6, the following terms shall have the meanings
indicated:
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.
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.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
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.
The Pennsylvania Department of Environmental Protection,
and its successor agencies.
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.
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 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;
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.
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).
Activities subject to NPDES Industrial Permits as defined
in 40 CFR 122.26(b)(14).
A permit issued by EPA [or by DEP under authority delegated
pursuant to 33 USC § 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, institution, trust, estate,
organization, partnership, firm, corporation, or other legal entity.
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.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, and which shall always include adjacent sidewalks
and parking strips.
Runoff and surface drainage consisting primarily of water
resulting from any form of natural precipitation, including rain,
snow and ice.
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.
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.
Any water, other liquid, or mixture thereof, other than uncontaminated
stormwater, discharged from an industrial or commercial facility.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
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.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the
stormwater drainage system 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.
(2)
The initiation and/or continuance of any illegal discharge to
the stormwater drainage system is prohibited, except as described
as follows:
(a)
Water line or other potable water source cleaning or flushing;
(b)
Landscape irrigation or lawn watering;
(c)
Diverted stream flow;
(d)
Rising or elevated groundwater;
(e)
Groundwater infiltration to storm drains;
(f)
Uncontaminated pumped groundwater;
(g)
Foundation or footer drains (not including active groundwater
dewatering systems);
(h)
Crawl space pumps;
(i)
Air conditioning condensate;
(j)
Springs;
(k)
Noncommercial washing of vehicles;
(l)
Natural riparian habitat and/or wetland flow;
(m)
Swimming pools (if dechlorinated less than one ppm chlorine);
(n)
Fire-fighting activities;
(o)
Any other water source not containing pollutants;
(p)
Discharges specified in writing by the Township as being necessary
to protect public health and safety;
(q)
Dye testing, where written notification is provided to and received
by the Township at least 48 hours prior to the time of the test; and
(r)
All non-stormwater discharges permitted pursuant to an NPDES
permit, permit waiver, or waste discharge order issued to the discharger
and administered under the authority of the United States 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 to the stormwater drainage system.
B.
Prohibition of illicit connections.
(1)
The construction, continued use and/or maintenance of an illicit
connection is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made prior to the enactment of this Part 6, regardless
of whether the connection was permissible under law or practices applicable
or prevailing at the time of connection.
(3)
A person per se is in violation of this Part 6 if the person
connects and/or maintains a line conveying sewage to the stormwater
drainage system or allows such a connection to continue after discovery
of the connection.
A.
Illicit discharges in emergencies. The Township may, without prior
notice, suspend, block, or otherwise terminate a connection to the
stormwater drainage system where this action is necessary to stop
or prevent a threatened or actual discharge that may result in imminent
or substantial danger to the environment, public health, safety or
welfare, the system, or waters of the United States.
B.
Detection of illicit discharges.
(1)
The Township may terminate a connection or discharge to the
stormwater drainage system where a person is in violation of this
Part 6 and such termination would abate or reduce an illicit discharge.
The Township shall provide notice of the anticipated termination to
the violator at least five business days prior to termination. The
violator may petition the Township for reconsideration and hearing.
(2)
Where a person reinstates or reconnects to the stormwater drainage
system after the connection was terminated and without prior written
approval to reconnect from the Township, that person is per se in
violation of this Part 6.
A.
Applicability. This section applies to all persons, facilities, and
properties that are subject to an industrial or a construction activity
NPDES stormwater discharge permit. Any person subject to an industrial
or a construction activity NPDES stormwater discharge permit shall
comply with all provisions of such permit.
B.
Proof of authorization to discharge. Proof of compliance with a current
NPDES stormwater discharge permit may be required in a form acceptable
to the Township prior to allowing a discharge to the stormwater drainage
system.
C.
NPDES permitted dischargers.
(1)
The Township shall be permitted to enter and inspect all facilities
and appurtenant structures subject to regulation under this Part 6
as often as may be necessary to determine compliance with this Part
6. If a discharger has security measures in force which require identification
and clearance before entry to inspect the facilities, the discharger
shall make necessary arrangements to provide access to representatives
of the Township.
(2)
Facility operators and all persons authorized to provide access,
including contractors, shall allow the Township ready access to all
portions of the premises for the purpose of inspection, sampling,
examination, copying of records that must be kept and retained pursuant
to the NPDES stormwater discharge permit(s), and the performance of
any additional duties as defined by state and federal law.
(3)
The Township shall have the right to utilize, install (temporarily
or permanently) on any property subject to this section such devices
and equipment as are necessary in the opinion of the Township to monitor
and/or sample stormwater discharge(s).
(4)
The Township may require a discharger to install monitoring
and/or sampling equipment as necessary. The monitoring and/or sampling
equipment shall be maintained at all times in a safe and proper operating
condition by the discharger at the discharger's cost and expense.
All devices used to measure and sample stormwater flow and water quality
shall be calibrated to ensure accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access
to the facility and/or subject property to be inspected, monitored,
and/or sampled shall be promptly removed by the subject property owner
or operator at the written or oral request of the Township. The costs
to facilitate access shall be borne solely by the subject property
owner or operator.
(6)
Unreasonable delays in allowing the Township access to a permitted
facility or site constitutes a per se violation of the subject NPDES
permit and of this Part 6. Unreasonably denying the Township access
to the property and/or facilities constitutes a per se violation of
this Part 6.
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.
A.
Notice of violation. Where the Township determines that a person
has violated a prohibition or has failed to meet any requirement of
this Part 6, the Township may issue notice of the violation by sending
a written notice of violation to the owner and/or operator of the
subject property.
B.
Order.
(1)
Where the unauthorized and/or illegal act, pollution, or activities
are not ceased, controlled or abated, the Township may issue an administrative
order requiring any one or all of the following:
(a)
Performance monitoring, analysis, and reporting.
(b)
Elimination of illicit connections and/or discharges.
(c)
Directing that the owner and/or operator cease and desist the
subject discharges, activities or operations giving rise to the discharges.
(d)
Abatement and/or remediation of water pollution and the restoration
of any affected resource and/or property.
(e)
Payment of a fine to cover administrative, response, and/or
remediation costs.
(f)
The implementation of source control and/or treatment BMPs.
(2)
If abatement or remediation of a violation and/or restoration
of affected property is required, the order may set forth deadline(s)
within which such remediation and/or restoration must be completed.
C.
Appeal of order. Any person receiving an order may appeal the determination
to the Spring Garden Township Board of Supervisors or such designee
as the Board may appoint by resolution to hear such appeals. Appeals
shall be directed to the Spring Garden Township Manager. All appeals
must be received within 20 days of the date of the order or such appeal
is deemed waived. Hearing on the appeal before the Spring Garden Township
Board or the designee shall take place within 45 days of receipt of
the notice of appeal. The decision of the Spring Garden Township Board
of Supervisors or its designee shall be final.
D.
Additional enforcement measures. Where a condition threatens public
health, safety, welfare or the environment, the Township is authorized
to either immediately order abatement of the condition and/or enter
the subject property to abate, remediate and/or restore the site conditions
to lawful status quo. Such Township action may include entering upon
the subject private property and may include the temporary disruption
of activities on that property. This enforcement remedy is not the
exclusive remedy available to the Township, and the Township may charge
the owner of the subject property and/or other responsible parties
the costs incurred in undertaking the abatement, remediation and/or
restoration actions. It shall be unlawful for any person, owner, agent
or operator to refuse to allow the Township or its designated representative(s)
upon the property for the purposes set forth herein.
E.
Injunctive relief. If a person has violated or continues to violate
any provision of this Part 6, the Township may petition for a preliminary,
temporary, or permanent injunction restraining all person(s) from
activities which would create continued and/or additional violation
or compelling the person(s) to perform abatement, remediation and/or
restoration activities to resolve the violation. Any such person against
whom an injunction is filed shall be responsible for paying all Township
costs, fees, and expenses incurred in preparing, pursuing and prosecuting
the injunctive relief, including, but not limited to, filing and attorney
fees.
F.
Compensatory action. In lieu of some, but not necessarily all, enforcement
remedies, the Township may require alternative compensatory actions
where appropriate. Such actions will be related to abatement, remediation,
restoration, and/or of the stormwater drainage system and/or water
resources.
G.
Existing rights and remedies preserved. It is hereby declared to
be the purpose of this Part 6 to provide additional and cumulative
remedies to abate pollution, and nothing herein shall abridge or alter
rights of action or remedies now or hereafter existing in equity,
or under common or statutory law, criminal or civil, nor shall any
provision in this Part 6 be construed as estopping the Township, in
the exercise of its rights under the common or decisional law or in
equity, from proceeding in courts of law or equity to suppress nuisances,
or to abate any pollution now or hereafter existing, or enforce common
law or statutory rights.
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.
