[Ord. 2010-2, 7/6/2010]
For the purpose of this Part, the following terms, phrases, words, or their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number and the word "shall" is always mandatory and not merely directory:
BOROUGH
The Borough of Jonestown, Lebanon County, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Jonestown, Lebanon County, Pennsylvania.
DEP
The Pennsylvania Department of Environmental Protection.
PERSON
An individual, partnership, public or private association or corporation, or a governmental unit, public utility, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
SEPARATE STORMWATER SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.
STORMWATER
The surface runoff generated by precipitation reaching the ground surface.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
A region or area drained by a river, watercourse or other body of water, whether natural or artificial,
[Ord. 2010-2, 7/6/2010]
1. 
No person in the Borough shall allow, or cause to allow, stormwater discharges into the Borough's separate stormwater sewer system which are not composed entirely of stormwater, except as provided in Subsection 2 below, or discharges allowed under a State or Federal permit.
2. 
Discharges which are allowed, based on a finding by the Borough that the discharge or discharges do not significantly contribute to pollution to surface waters of the Commonwealth, subject to Subsection 3 below, include:
A. 
Discharge from firefighting activities.
B. 
Potable water sources including dechlorinated water line and fire hydrant flushings.
C. 
Irrigation drainage.
D. 
Routine external building washdown, which does not use detergents or other compounds.
E. 
Air conditioning condensate.
F. 
Water from individual residential car washing.
G. 
Springs.
H. 
Uncontaminated water from crawl space pumps.
I. 
Uncontaminated water from foundation or from footing drains.
J. 
Flows from riparian habitats and wetlands.
K. 
Lawn watering.
L. 
Pavement washwaters 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.
M. 
Dechlorinated swimming pool discharges.
N. 
Uncontaminated groundwater.
3. 
In the event that the Borough determines that any of the discharges identified in Subsection 2 significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the Borough will notify the responsible person to cease the discharge.
4. 
Upon reasonable notice by the Borough under Subsection 3, the discharger will have a reasonable time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge.
5. 
Nothing in this section shall affect a dischargers responsibilities under State and Federal law.
[Ord. 2010-2, 7/6/2010]
1. 
The following connections are prohibited, except as allowed by § 102.2 above:
A. 
Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater discharge, including, but not limited to, sewage, process wastewater, and washwater, to enter the separate stormwater sewer system, and any connections to the separate stormwater drain system from indoor drains or sinks.
B. 
Any drain or conveyance connected from a commercial or industrial land use to the separate stormwater sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Borough.
[Ord. 2010-2, 7/6/2010]
1. 
Whenever the Borough finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Borough may order compliance by written notice to the responsible person. Such notice may require without limitation, the following:
A. 
Performance of monitoring, analysis and reporting.
B. 
The elimination of prohibited connections or discharges.
C. 
Cessation of any violating discharges, practices, or operations.
D. 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
E. 
Payment of a fine to cover administrative and remediation costs.
2. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Borough or designee and the expense thereof shall be charged to the violator.
3. 
Failure to comply with the time specified shall also subject such person to the penalty provisions of this Part. All penalties shall be deemed cumulative and shall not prevent the Borough from pursuing any and all remedies available in law or equity.
[Ord. 2010-2, 7/6/2010]
1. 
Any person who violates any provision of this Part shall be subject to civil enforcement and a fine not to exceed $600 per violation and/or criminal enforcement, as a summary offense, with a criminal fine not to exceed $1,000 per violation and imprisonment not to exceed 30 days. The Borough Council may also seek attorneys' fees in connection with any enforcement proceeding. Each day that a violation of this Part continues to exist shall constitute a separate offense. Such civil enforcement, criminal enforcement, and fines shall be in accordance with provisions of 53 P.S. § 48308, as amended.
2. 
The Borough Council may direct that the removal, repair, or remedial action be taken for any violation and the Borough Council may cause the same to be done, and collect the cost thereof, together with a penalty of 10% of such cost, attorneys' fees, and may pursue collection in the manner of municipal claims, or other action of assumpsit, or an action in equity, to compel the violator(s) to comply with the terms of the notice of violation, or seek any other relief as a court of competent jurisdiction is empowered to afford.
[Ord. 2010-2, 7/6/2010]
1. 
This Part may be enforced by Borough Code Enforcement Officer, or any other person designated, subsequent to the enactment of this Part, by the resolution adopted in public session by the Borough Council.
2. 
The Borough Code Enforcement Officer is authorized to perform all duties necessary and appropriate to be performed in the view of the Borough related to this Part, including, but not necessarily limited to, making all necessary inspections, and enforcement of violations and penalties.
[Ord. 2010-2, 7/6/2010]
If any sentence, clause, section or part of this Part is for any reason found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Borough Council that this Part would have been adopted had such unconstitutional, illegal, or invalid sentence, clause, section, or part thereof not been included therein.
[Ord. 2010-2, 7/6/2010]
This Part does not repeal or amend any prior enacted ordinances to the extent of limiting the enforcement of such ordinances.[1]
[1]
Editor's Note: Former Part 2, Stormwater Collection And Management Fee, Ord. No. 2012-5, 12/4/2012, was repealed by Ord. No. 2017-3, 11/7/2017.