[HISTORY: Adopted by the Board of Commissioners of the Township of Crescent 7-10-2014 by Ord. No. 552. Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Appendix A Operation and Maintenance (O&M) Agreement
Floodplain construction, development and management — See Ch. 230.
Stormwater management — See Ch. 445.
Storm sewers and drainage facilities — See Ch. 446.
Sanitary sewers — See Ch. 630.
This chapter shall be known and may be cited as the "Township of Crescent MS4 Prohibited Discharge Ordinance."
The governing body of the municipality finds that:
Inadequate maintenance of stormwater facilities contributes to erosion and sedimentation, overtaxes the carrying capacity of streams and storm sewers, increases the cost of public facilities to carry and control stormwater, undermines floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases pollution of water resources.
Reasonable regulation of connections and discharges to municipal separate storm sewer systems is fundamental to the public health, safety, and welfare and the protection of people of the commonwealth, their resources, and the environment.
Stormwater is an important water resource, which provides groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
Federal and state regulations require certain municipalities to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES). Permittees are required to enact, implement, and enforce a prohibition of non-stormwater discharges to the permittee's regulated small municipal separate storm sewer systems (MS4s).
The purpose of this chapter is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 447.02 of this chapter, through provisions designed to:
Provide standards to meet NPDES permit requirements.
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code § 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
Preserve the natural drainage systems as much as possible.
Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
Prevent scour and erosion of stream banks and streambeds.
Provide proper operation and maintenance of all facilities and all SWM BMPs that are implemented within the municipality.
The municipality also is empowered to regulate land use activities that affect runoff by the authority of the Act of July 31, 1968, P.L. 805, No. 247, the Pennsylvania Municipalities Planning Code, as amended.
Editor's Note: See 53 P.S. § 10101 et seq.
All activities related to proper operation and maintenance of approved stormwater management BMPs and all activities that may contribute non-stormwater discharges to a regulated small MS4 are subject to regulation by this chapter.
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter.
Actions taken under this chapter do not affect any responsibility, permit or approval for any activity regulated by any other code, law, regulation, or ordinance.
For the purposes of this chapter, certain terms and words used herein shall be interpreted as follows:
Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender; and words of feminine gender include masculine gender.
The word "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like kind and character.
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
As used in this chapter, the following terms shall have the meanings indicated:
- BEST MANAGEMENT PRACTICE (BMP)
- Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this chapter, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.
- CONSERVATION DISTRICT
- A conservation district, as defined in Section 3(c) of the Conservation District Law [3 P. S. § 851(c)] that has the authority under a delegation agreement executed with DEP to administer and enforce all or a portion of the regulations promulgated under 25 Pa. Code § 102.
- The Pennsylvania Department of Environmental Protection.
- EARTH DISTURBANCE ACTIVITY
- A construction or other human activity which disturbs the surface of the land, including, but not limited to: clearing and grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials. Earth disturbance activity is subject to regulation under 25 Pa. Code § 92, 25 Pa. Code § 102, or the Clean Streams Law.
- Crescent Township, Allegheny County, Pennsylvania.
- USDA Natural Resources Conservation Service (previously SCS).
- REGULATED ACTIVITIES
- Any activities that may affect stormwater runoff and any activities that may contribute non-stormwater discharges to a regulated small MS4.
- STATE WATER QUALITY REQUIREMENTS
- The regulatory requirements to protect, maintain, reclaim, and restore water quality under Title 25 of the Pennsylvania Code and the Clean Streams Law.
- Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt.
- United States Department of Agriculture.
- WATERS OF THIS COMMONWEALTH
- Any and all rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs, and all other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this commonwealth.
Editor's Note: See 35 P.S. § 691.1 et seq.
For all regulated earth disturbance activities, erosion and sediment control BMPs shall be designed, implemented, operated, and maintained during the regulated earth disturbance activities (e.g., during construction) to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code and the Clean Streams Law. Various BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (E&S Manual), No. 363-2134-008 (April 15, 2000), as amended and updated.
Editor's Note: See § 447.22, References.
Stormwater flows onto adjacent property shall not be created, increased, decreased, relocated, or otherwise altered without written notification of the adjacent property owner(s) by the developer. Such stormwater flows shall be subject to the requirements of this chapter.
For all regulated activities, SWM BMPs shall be implemented, operated, and maintained to meet the purposes and requirements of this chapter and to meet all requirements under Title 25 of the Pennsylvania Code, the Clean Streams Law, and the Storm Water Management Act.
Expenses covered by fees. The fees required by this chapter may cover:
[Added 12-11-2014 by Ord. No. 556]
The review of the BMP operations and maintenance plan by the Municipal Engineer.
The site inspections including, but not limited to, preconstruction meetings, inspections during construction of stormwater BMPs, and final inspection upon completion of the stormwater BMPs.
Any additional work required to monitor and enforce any provisions of this chapter, correct violations, and assure proper completion of stipulated remedial actions.
Facilities, areas, or structures used as stormwater management BMPs shall be enumerated as permanent real estate appurtenances and recorded as deed restrictions or conservation easements that run with the land.
O&M plans for stormwater management approved pursuant to 25 Pa. Code § 102 after the date of this chapter shall be recorded as a restrictive deed covenant that runs with the land.
The municipality may take enforcement actions against an owner for any failure to satisfy the provisions of this chapter.
Prior to completing construction of a SWM site plan, the property owner shall sign and record an operation and maintenance (O&M) agreement (see Appendix A) covering all stormwater control facilities which are to be privately owned.
The owner, successor and assigns shall operate and maintain all facilities in accordance with the approved schedule(s) in the O&M plan.
The owner shall convey to the municipality conservation easements to assure access for periodic inspections by the municipality and maintenance, as necessary.
The owner shall keep on file with the municipality the name, address, and telephone number of the person or company responsible for operation and maintenance activities. In the event of a change, new information shall be submitted by the owner to the municipality within 10 working days of the change.
Editor's Note: Said appendix is included as an attachment to this chapter.
The owner is responsible for operation and maintenance (O&M) of the SWM BMPs. If the owner fails to adhere to the O&M agreement, the municipality may perform the services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
Any drain or conveyance, whether on the surface or subsurface, that allows any non-stormwater discharge including sewage, process wastewater, and wash water to enter a regulated small MS4 or to enter the waters of this commonwealth is prohibited.
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 C below, and (2) discharges allowed under a state or federal permit.
The following discharges are authorized unless they are determined to be significant contributors to pollution a regulated small MS4 or to the waters of this commonwealth:
Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs.
Upon presentation of proper credentials, the municipality may enter at reasonable times upon any property within the municipality to inspect the condition of the stormwater structures and facilities in regard to any aspect regulated by this chapter.
SWM BMPs should be inspected by the landowner, or the owner's designee (including the municipality for dedicated and owned facilities), according to the following list of minimum frequencies:
It is unlawful for any person to modify, remove, fill, landscape, or alter any approved SWM BMPs, facilities, areas, or structures without the written approval of DEP or a delegated County Conservation District, and the municipality.
Any approval or permit issued by the municipality may be suspended or revoked for:
Noncompliance with or failure to implement any provision of an approved SWM site plan or O&M agreement.
A violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to a regulated activity.
The creation of any condition or the commission of any act which constitutes or creates a hazard, nuisance, pollution, or endangers the life or property of others.
An approval that has been revoked by the municipality cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
If a violation causes no immediate danger to life, public health, or property, at its sole discretion, the municipality may provide a limited time period for the owner to correct the violation. In these cases, the municipality will provide the owner, or the owner's designee, with a written notice of the violation and the time period allowed for the owner to correct the violation. If the owner does not correct the violation within the allowed time period, the municipality may revoke or suspend any, or all, applicable approvals and permits pertaining to any provision of this chapter.
Anyone violating the provisions of this chapter shall be guilty of a summary offense, and upon conviction, shall be subject to a fine of not more than $300 for each violation, recoverable with costs. Each day that the violation continues shall be a separate offense and penalties shall be cumulative.
In addition, the municipality may 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 appropriate forms of remedy or relief.
Any person aggrieved by any action of the municipality or its designee, relevant to the provisions of this chapter, may appeal to the municipality within 30 days of that action.
Any person aggrieved by any decision of the municipality, relevant to the provisions of this chapter, may appeal to the County Court of Common Pleas in the county where the activity has taken place within 30 days of the municipality's decision.
References are as follows:
Pennsylvania Department of Environmental Protection. No. 363-0300-002 (December 2006), as amended and updated. Pennsylvania Stormwater Best Management Practices Manual. Harrisburg, PA.
Pennsylvania Department of Environmental Protection. No. 363-2134-008 (April 15, 2000), as amended and updated. Erosion and Sediment Pollution Control Program Manual. Harrisburg, PA.
[Added 12-11-2014 by Ord. No. 556]
The municipality may charge a reasonable fee for review of BMP operations and maintenance plans to defray review costs incurred by the municipality. The applicant shall pay all such fees.