[HISTORY: Adopted by the Borough Council of the Borough of
Downingtown 5-16-2012 by Ord. No. 2012-03. Amendments noted
where applicable.]
[Amended 12-18-2013 by Ord. No. 2013-10]
A.
Any drain or conveyance, whether on the surface or subsurface, that
allows any nonstormwater discharge, including sewage, process wastewater,
and wash water, to enter the Borough of Downingtown's separate
storm sewer system or the waters of the Commonwealth is prohibited.
B.
No person shall allow, or cause to allow, discharges into the Borough of Downingtown's separate storm sewer system or the waters of the Commonwealth that are not composed entirely of stormwater, except as provided for in Subsection C below, and discharges allowed under a state or federal permit.
C.
The following discharges are authorized unless they are determined
by the Borough of Downingtown to be significant contributors to pollution
to the Borough's separate storm sewer system or to the waters
of the Commonwealth:
(1)
Discharges from fire-fighting activities;
(2)
Potable water sources, including waterline and fire hydrant flushings;
(3)
Irrigation drainage;
(4)
Air-conditioning condensate;
(5)
Springs;
(6)
Water from crawl space pumps;
(7)
Pavement wash waters where spills or leaks of toxic or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used;
(8)
Diverted stream flows;
(9)
Flows from riparian habitats and wetlands;
(10)
Uncontaminated water from foundations or from footing drains;
(11)
Lawn watering;
(12)
Dechlorinated swimming pool discharges;
(13)
Uncontaminated groundwater;
(14)
Water from individual residential car washing; and
(15)
Routine external building washdown (which does not use detergents
or other compounds).
D.
In the event that the Borough of Downingtown determines that any of the discharges identified in § 245-1C significantly contribute pollutants to the Borough's separate storm sewer system or to the waters of the Commonwealth, or is so notified of such significant contribution of pollution by the Pennsylvania Department of Environmental Protection, the Borough will notify the responsible person to cease the discharge.
E.
Upon notice provided by the Borough of Downingtown under § 245-1D the discharger shall, within a reasonable time period consistent with the degree of pollution caused by the discharge, as determined by the Borough of Downingtown, cease the discharge.
F.
Nothing in this section shall affect a discharger's responsibilities
under state or federal law.
The following connections are prohibited, except as provided in § 245-1C above:
A.
Any drain or conveyance, whether on the surface or subsurface, that
allows any nonstormwater discharge, including sewage, process wastewater,
and wash water to enter a separate storm sewer system, and any connections
to the separate storm sewer system from indoor drains and sinks.
B.
Any drain or conveyance connected from a commercial or industrial
land use to a separate storm sewer system, which has not been documented
in plans, maps, or equivalent records and approved by the Borough
of Downingtown.
A.
Roof drains and sump pump discharges shall not be connected to sanitary
sewers.
B.
Roof drain, sump pump, foundation and footing drain discharges:
(1)
To the maximum extent practicable, shall discharge to infiltration
or vegetative BMPs, or to vegetated or other areas with sufficient
capacity.
(2)
May be connected to streets, storm sewers, or roadside ditches only
if determined necessary or acceptable on a case-by-case basis by the
Borough Engineer.
(3)
Must be considered in stormwater management calculations to demonstrate
that conveyance and receiving facilities have adequate capacity.
[Amended 12-18-2013 by Ord. No. 2013-10]
A.
No person shall modify, remove, fill, landscape, alter or impair
the effectiveness of any stormwater facilities, conveyances, controls,
areas, structures or BMPs, unless the activity is part of an approved
maintenance program, without the written approval of the Borough of
Downingtown.
B.
No person shall place any structure, fill, landscaping, additional
vegetation, yard waste, brush cuttings, or other waste or debris into
a stormwater facility control, conveyance or BMP, or within a stormwater
easement, that would limit or alter the functioning of the stormwater
facility control, conveyance or BMP without the written approval of
the Borough of Downingtown.
[Amended 12-18-2013 by Ord. No. 2013-10]
Any person, firm or corporation violating or permitting the
violation of any provision of this chapter or who fails to carry out
an order made pursuant to this chapter, upon conviction thereof in
an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offences under the Pennsylvania
Rules of Criminal Procedure, shall be sentence to pay a fine not less
than $300 nor more than $1,000 plus court costs and in default of
payment of said fines and cost a term of imprisonment not to exceed
90 days. Each day that a violation of this chapter continues shall
constitute a separate offense. In addition, the Borough may, through
its Solicitor, institute injunctive, mandamus or any other appropriate
action or proceeding at law or in equity for the enforcement of this
chapter. Any court of competent jurisdiction shall have the right
to issue restraining orders, temporary or permanent injunctions, mandamus,
or other legal or equitable forms of remedy or relief. Such relief
may include costs, fees and charges, including reasonable attorney’s
fees and costs, as may be permitted by law. Notwithstanding any other
provision of this chapter, the Borough shall have the right at any
or all times deemed necessary by the Borough to inspect and, upon
determination of a violation of this chapter, to correct the violation,
with all expenses associated with correcting the violation to be charged
to the property owner responsible for the violation.
