[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen as indicated in article histories.
Amendments noted where applicable.]
[Adopted 7-16-2014 by Ord. No. 721]
For the purposes of this article, the following shall mean:
Schedules 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. NPDES Stormwater
Phase II permits will be required for 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.
Pennsylvania Department of Environmental Protection.
Any material, including any substance, waste, or combination
thereof, which 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.
Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater, except nonstormwater discharges as described in § 213-5A of this article. Examples of illegal discharges include dumping of motor vehicle fluids, household hazardous wastes, grass clippings, leaf litter, animal wastes, or unauthorized discharges of sewage, industrial waste, restaurant wastes, or any other nonstormwater waste into a municipal separate storm sewer system. Illegal discharges can be accidental or intentional.
[Amended 2-1-2023 by Ord.
No. 822]
An illicit connection is defined as 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 any nonstormwater
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 the municipality.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
Upper Allen Township.
A permit issued by EPA [or by DEP under authority delegated
pursuant to 33 U.S.C. § 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, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
noxious or offensive matter of any kind; and any pollution defined
in Section 1 of the Pennsylvania Clean Streams Law, 35 P.S. § 691.1
(25 Pa. Code § 92a.2).
[Amended 2-1-2023 by Ord.
No. 822]
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities 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 channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
such precipitation or snow or ice melt.
[Amended 2-1-2023 by Ord.
No. 822]
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain
system of the municipality generated on any developed and undeveloped
lands unless explicitly exempted by the municipality.
The municipality shall administer, implement, and enforce the
provisions of this article. Any powers granted or duties imposed upon
the municipality may be delegated, in writing, by the governing board
of Upper Allen Township to employees, agents or designees of the municipality.
The standards set forth herein and promulgated pursuant to this
article are minimum standards; therefore, this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.
No person shall discharge or cause to be discharged into the municipality's
storm drain system or watercourses 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,
other than stormwater. Any discharge in violation of this section
shall be considered "illegal discharges."
B.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
[Amended 1-18-2017 by Ord. No. 762; 2-1-2023 by Ord. No. 822]
(1)
Water line flushing, fire hydrant flushing or other potable water
sources as long as such discharges do not contain detectable concentrations
of total residual chlorine (TRC), noncontaminated landscape irrigation
or lawn watering, diverted stream flows, rising groundwater, groundwater
infiltration to storm drains, uncontaminated pumped groundwater, foundation
or footing drains (not including active groundwater dewatering systems),
crawl space pumps, noncontaiminated HVAC condensation and water from
geothermal systems, springs, noncommercial washing of vehicles where
cleaning agents are not utilized, natural riparian habitat or wetland
flows, swimming pools (if dechlorinated, typically less than one ppm
chlorine), firefighting activities, noncontaminated hydrostatic test
water discharges if such discharges do not contain detectable concentrations
of TRC, and any other water source not containing pollutants.
(2)
Roof
drains and sump pumps shall discharge to infiltration or vegetative
BMPs wherever feasible.
(3)
Discharges specified, in writing, by the municipality as being necessary
to protect public health and safety.
(4)
Dye testing is an allowable discharge, but requires a verbal notification
to the municipality prior to the time of the test.
(5)
Any nonstormwater discharge permitted under a NPDES permit, waiver,
or waste discharge order issued to the discharger and administered
under the authority of DEP, 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 storm drain system.
The construction, use, maintenance or continued existence of
illicit connections to the storm drain system is prohibited.
A.
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
B.
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
A.
Suspension due to illegal discharges in emergency situations. The
municipality, the Commonwealth of Pennsylvania and the United States
of America 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 the Commonwealth of Pennsylvania or the
United States. If the violator fails to comply with a suspension order
issued in an emergency, the municipality may take such steps as deemed
necessary to prevent or minimize damage to the MS4 or waters of the
Commonwealth of Pennsylvania or United States, or to minimize danger
to persons, including, without limitations, entering the property
for the purpose of disconnecting and/or performing emergency maintenance
or repairs to storm sewers. In the event the municipality must disconnect
or perform emergency maintenance and/or repairs, the municipality
may file and attach a municipal lien on the property which is causing
illegal discharge.
B.
Suspension due to the detection of illegal discharge or illicit connection.
Any person discharging to the MS4 in violation of this article may
have his/her MS4 access terminated if such termination would abate
or reduce an illegal discharge or illicit connection. The municipality
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the municipality for a reconsideration and
hearing.
C.
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval
of the authorized enforcement agency.
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 may be required
in a form acceptable to the municipality prior to the allowing of
discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
The municipality shall be permitted to enter and inspect facilities
subject to regulation under this article as often as may be necessary
to determine compliance with this article. If a discharger has security
measures in force which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the municipality.
(2)
Facility operators shall allow the municipality 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 a
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
(3)
The municipality shall have the right to set up on any permitted
facility such devices as are necessary in the opinion of the municipality
to conduct monitoring and/or sampling of the facility's stormwater
discharge.
(4)
The municipality 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.
(5)
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 municipality
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
(6)
Unreasonable delays in allowing the municipality access to a permitted
facility is a violation of a stormwater discharge permit and of this
article. 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 municipality reasonable access
to the permitted facility for the purpose of conducting any activity
authorized or required by this article.
(7)
If the municipality has been refused access to any part of the premises
from which stormwater is discharged, and the municipal representative
is able to demonstrate probable cause to believe that there may be
a violation of this article, 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 article or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.
The municipality will adopt requirements identifying best management
practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of stormwater, the storm
drain system, or waters of the Commonwealth of Pennsylvania or the
United States. The owner or operator of a commercial or industrial
establishment shall provide, at his/her 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 illegal 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.
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. 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.
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 illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the Commonwealth of Pennsylvania or
the United States, 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 authorized enforcement agency, 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 municipality 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.
A.
Whenever the municipality finds that a person has violated a prohibition
or failed to meet a requirement of this article, the municipality
may order compliance by written notice of violation to the responsible
person. Such notice may require, without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or illegal discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
B.
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator or assessed as a municipal lien on the property.
[Amended 2-1-2023 by Ord. No. 822]
Any person receiving a notice of violation may appeal the determination
of the municipality. The notice of appeal must be received within
30 days from the date of the notice of violation. A hearing on the
appeal before the appropriate authority or his/her designee shall
take place within 30 days from the date of receipt of the notice of
appeal. The decision of the municipal authority or their designee
shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within 15 days of the hearing representative's decision upholding
the decision of the municipality, then representatives of the municipality
shall enter upon the subject private property and are authorized to
take any and all measures necessary to abate the violation and/or
restore the property. It shall be unlawful for any person, owner,
agent, or person in possession of any premises to refuse to allow
the municipality or designated contractor to enter upon the premises
for the purposes set forth above.
A.
Within 30 days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative
costs. The property owner may thereafter file a written protest objecting
to the amount of the assessment within 30 days. If the amount due
is not paid within a timely manner as determined by the decision of
the municipality or by the expiration of the time in which to file
an appeal, the charges shall become a special assessment against the
property and shall constitute a municipal lien on the property for
the amount of the assessment.
B.
Any person violating any of the provisions of this article shall
become liable to the municipality by reason of such violation. The
liability shall be paid in not more than 12 equal payments. Interest
at the rate of up to 12% per annum shall be assessed on the balance
beginning on the first day following discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the municipality may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the municipality may impose upon a violator
alternative compensatory actions, such as storm drain stenciling,
attendance at compliance workshops, creek cleanup, etc.
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 article is a threat to public health, safety,
and welfare, and is declared and deemed a public 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.
[Amended 2-1-2023 by Ord. No. 822]
Any person that has violated or continues to violate this article
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 90
days. Each day that the violation continues shall be a separate offense,
and penalties shall be cumulative.
The authorized municipality may recover all attorney's fees,
court costs and other expenses associated with enforcement of this
article, either criminal or civil, including sampling and monitoring
expenses or other costs of investigation.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the municipality to seek cumulative
remedies.