[Ord. 954, 12/19/2013; as amended by Ord. No. 1004, 8/18/2022]
1. 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 regulated small MS4 or to enter the surface
waters of this commonwealth is prohibited.
2. No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this commonwealth, which are not composed entirely of stormwater, except: 1) as provided in Subsection
3 below; and 2) discharges authorized under a state or federal permit.
3. The following discharges are authorized unless they are determined
to be significant contributors to pollution of a regulated small MS4
or to the waters of this commonwealth:
A. Discharges or flows from firefighting activities.
B. Discharges from potable water sources including waterline flushing
and fire hydrant flushing, if such discharges do not contain detectable
concentrations of total residual chlorine (TRC).
C. Noncontaminated irrigation water, water from lawn maintenance, landscape
drainage and flows from riparian habitats and wetlands.
D. Diverted stream flows and springs.
E. Noncontaminated pumped groundwater and water from foundation and
footing drains and crawl space pumps.
F. Noncontaminated HVAC condensation and water from geothermal systems.
G. Residential (i.e., not commercial) vehicle wash water where cleaning
agents are not utilized.
H. Noncontaminated hydrostatic test water discharges, if such discharges
do not contain detectable concentrations of TRC.
4. In the event that the Borough or DEP determines that any of the discharges identified in Subsection
3 significantly contribute pollutants to a regulated small MS4 or to the waters of this commonwealth, the Borough or DEP will notify the responsible person(s) to cease the discharge.
5. Disposal of animal waste in storm drains or in a manner which shall
allow animal waste to enter a stormwater management facility is prohibited.
Disposal of animal waste in any Borough compost facility is prohibited.
[Added by Ord. No. 1004, 8/18/2022]
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs wherever feasible.
[Added by Ord. No. 1004, 8/18/2022]
1. Suspension Due to Illicit Discharges in Emergency situations. The
Borough 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 this commonwealth. If the violator fails to comply
with a suspension order issued in an emergency, the Borough may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of this commonwealth, 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 Borough must disconnect or perform
emergency maintenance and/or repairs, the Borough may file and attach
a municipal lien on the property, which is causing the illicit discharge.
2. Suspension Due to the Detection of Illicit Discharge or Illicit Connection.
Any person discharging to the MS4 in violation of this section may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge or illicit connection. The Borough will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the Borough for a reconsideration and hearing.
3. A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval
of the Borough.
[Added by Ord. No. 1004, 8/18/2022]
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 Borough prior to the allowing of discharges
to the MS4.
[Added by Ord. No. 1004, 8/18/2022]
1. Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
2. Access to Facilities.
A. The Borough shall be permitted to enter and inspect facilities subject
to regulation under this section as often as may be necessary to determine
compliance with this section. If a discharger has security measures
in force that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements
to allow access to representatives of the Borough.
B. Facility operators shall allow the Borough 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.
C. The Borough 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.
D. The Borough 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.
E. 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 the Borough and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
F. Unreasonable delays in allowing the Borough access to a permitted
facility is a violation of a stormwater discharge permit and of this
section. 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 Borough reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this section.
G. If the Borough 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 section
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 section or any order issued hereunder or to protect the overall
public health, safety, and welfare of the community, then the Borough
may seek issuance of a search warrant from any court of competent
jurisdiction.
[Added by Ord. No. 1004, 8/18/2022]
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 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.
[Added by Ord. No. 1004, 8/18/2022]
1. 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.
2. 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.
[Added by Ord. No. 1004, 8/18/2022]
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 illicit discharges or pollutants discharging into stormwater, the
storm drain system, or waters of this commonwealth, 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 Borough 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 Borough 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.
[Added by Ord. No. 1004, 8/18/2022]
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs wherever feasible.
[Added by Ord. No. 1004, 8/18/2022]
1. Suspension Due to Illicit Discharges in Emergency situations. The
Borough 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 this commonwealth. If the violator fails to comply
with a suspension order issued in an emergency, the Borough may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters of this commonwealth, 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 Borough must disconnect or perform
emergency maintenance and/or repairs, the Borough may file and attach
a municipal lien on the property, which is causing the illicit discharge.
2. Suspension Due to the Detection of Illicit Discharge or Illicit Connection.
Any person discharging to the MS4 in violation of this section may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge or illicit connection. The Borough will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the Borough for a reconsideration and hearing.
3. A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval
of the Borough.
[Added by Ord. No. 1004, 8/18/2022]
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 Borough prior to the allowing of discharges
to the MS4.
[Added by Ord. No. 1004, 8/18/2022]
1. Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
2. Access to Facilities.
A. The Borough shall be permitted to enter and inspect facilities subject
to regulation under this section as often as may be necessary to determine
compliance with this section. If a discharger has security measures
in force that require proper identification and clearance before entry
into its premises, the discharger shall make the necessary arrangements
to allow access to representatives of the Borough.
B. Facility operators shall allow the Borough 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.
C. The Borough 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.
D. The Borough 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.
E. 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 the Borough and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
F. Unreasonable delays in allowing the Borough access to a permitted
facility is a violation of a stormwater discharge permit and of this
section. 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 Borough reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this section.
G. If the Borough 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 section
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 section or any order issued hereunder or to protect the overall
public health, safety, and welfare of the community, then the Borough
may seek issuance of a search warrant from any court of competent
jurisdiction.
[Added by Ord. No. 1004, 8/18/2022]
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 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.
[Added by Ord. No. 1004, 8/18/2022]
1. 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.
2. 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.
[Added by Ord. No. 1004, 8/18/2022]
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 illicit discharges or pollutants discharging into stormwater, the
storm drain system, or waters of this commonwealth, 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 Borough 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 Borough 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.