[Ord. 5-2004, 10/18/2004, § II]
1. The purposes of this Ordinance are to promote the general health,
welfare and safety of the citizens of North Lebanon Township by preserving
and protecting the waters of the Township and adjacent municipalities
through the implementation of methods that will prevent and make illegal
illicit discharges to this municipal separate stormwater system of
the Township. These methods are further made necessary by the requirements
of the Pennsylvania Department of Protection NPDES Phase II regulations
and stormwater discharge permit. The objectives of this Part are:
A. To regulate the contribution of pollutants to the municipal separate
storm sewer system (MS4) by stormwater discharges by any user.
B. To prohibit illicit connections and discharges to the municipal separate
storm sewer system.
C. To establish the legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
Part.
[Ord. 5-2004, 10/18/2004, § II]
1. Prohibited Discharges.
A. No person in the Township shall allow, or cause to allow, discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except as provided in §
18-1102, Subsection
1B, below; and, discharges approved under a state or federal permit.
B. Discharges which may be allowed, based on a finding by the Township
that the discharge(s) do not significantly contribute to pollution
to surface waters of the commonwealth, are:
(1)
Discharges from firefighting activities.
(2)
Discharge from potable water sources not containing chlorine,
including dechlorinated water line and fire hydrant flushing.
(4)
Discharges from routine external building wash down (which does
not use detergents or other compounds).
(5)
Discharges from air conditioning condensate.
(6)
Discharges from water from individual residential car washing.
(8)
Discharges from water from crawl space pumps.
(9)
Discharges from uncontaminated water from foundation or from
footing drains.
(10)
Flows from riparian habitats and wetlands.
(11)
Discharges from lawn watering.
(12)
Pavement wash waters where spills or leaks of toxics or hazardous
materials have not occurred (unless all spill material has been removed)
and where detergents are not used.
(13)
Dechlorinated swimming pool discharges.
(14)
Discharges from uncontaminated groundwater.
(15)
Dye testing, but verbal notification must be provided to the
Township Manager prior to the time of the test.
C. In the event that the Township determines that any of the discharges identified in §
18-1102, Subsection
1B, significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the Township will notify the responsible person to cease the discharge.
D. Upon notice provided by the Township under §
18-1102, Subsection
1C, the discharger will have a reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
E. Nothing in this section shall affect a discharger's responsibilities
under state law.
2. Prohibited Connections. The following connections are prohibited, except as provided in §
18-1102, Subsection
1B, above:
A. Any drain of conveyance, whether on the surface or subsurface, which
allows any nonstormwater discharge including sewage, process wastewater
and wash water, to enter the separate storm sewer system, and any
connections to the storm drain system from indoor drains and sinks.
B. Roof Drains.
(1)
Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches, except as provided in §
18-1102, Subsection
2.
(2)
When it is more advantageous to connect directly to streets
or storm sewers, connections of roof drains to streets or roadside
ditches may be permitted on a case by case basis by the Municipality.
(3)
Roof drains shall discharge to infiltration areas or vegetative
BMPs to the maximum extent practicable.
C. Waste Disposal Prohibitions. No person shall throw, deposit, leave,
maintain, keep or permit to be thrown, deposited, left or maintained,
in or upon any public or private property, driveway, parking area,
street, alley, sidewalk or other component of the municipality's
separate storm sewer system, grass, grass clippings, any refuse, rubbish,
garbage, litter or other discarded or abandoned objects, articles
and accumulations, so that the same may cause or contribute to pollution.
Wastes deposited in streets in proper waste receptacles for the purposes
of collection are exempted from this prohibition.
[Amended by Ord. No. 9-2018, 7/16/2018]
D. Any drain or conveyance connected from a commercial or industrial
land use to the separate storm sewer system which has not been documented
in plans, maps or equivalent records, and approved by the Township.
E. These prohibitions apply to both existing and future connections.
[Ord. 5-2004, 10/18/2004, § II]
The Township may, without prior notice, suspend MS4 discharge
access to a person when such a 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. Any person discharging to the MS4, in violation of this
Part, may have their MS4 access terminated if such termination would
abate or reduce an illicit discharge. The violator may petition the
Township for a reconsideration and hearing.
[Ord. 5-2004, 10/18/2004, § II]
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.
[Ord. 5-2004, 10/18/2004, § II]
Notwithstanding other requirements of the law, as soon as any
person responsible for a facility or operation, or responsible for
emergency response for a facility or operation has any information
of any known or suspected release of materials which are resulting
in, or may result in illegal discharges or pollutants discharging
into the stormwater, the storm drain system, or waters of the U.S.
said person shall take all necessary steps to ensure the discovery,
containment and clean up of such a release. In the event of a release
of hazardous materials, said person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services.
In the event of the release of nonhazardous materials, said person
shall notify the Township in person or by phone or facsimile no later
than the next business day. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner
or operator of such establishment shall retain on 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.
[Ord. 5-2004, 10/18/2004, § II]
This Ordinance shall apply to all water entering the storm drain
system generated on any developed and/or undeveloped lands unless
explicitly exempted by the Township, or as applicable another county,
state or federal enforcement agency.
[Ord. 5-2004, 10/18/2004, § II; as amended by Ord.
No. 9-2018, 7/16/2018]
The Township Board of Supervisors of North Lebanon Township,
through its Police Department, shall administer, implement and enforce
the provisions of this Part.
[Ord. 5-2004, 10/18/2004, § II]
1. Any person aggrieved by the Township's decision to suspend their
MS4 discharge access may petition the Board of Supervisors of the
Township to reconsider its determination. The petition shall be filed
within 30 days of the Township decision. Such an appeal shall be heard
by the Board of Supervisors of the Township within 30 days of the
filing of the petition. The Board of Supervisors shall render a decision
within 30 days of the hearing. In these proceedings, the following
shall apply:
A. Failure to submit a timely petition and to pay the appeal fee as
established by the Township shall be deemed to be a waiver of the
administrative appeal.
B. In the petition, the appealing party must indicate the provisions
objected to, and the reasons for the objection.
C. The effectiveness of the Township's determination shall be considered
a final administrative action for purposes of judicial review.
D. Aggrieved parties seeking judicial review of the final administrative
decision of the Board of Supervisors shall do so by filing a complaint
with the court of competent jurisdiction within the time as provided
by law.
[Ord. 5-2004, 10/18/2004, § II; as amended by Ord.
No. 10-2018, 9/17/2018]
Any person who violates or permits the violation of this provision
of the Code of Ordinances of North Lebanon Township shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more
than $300 and/or imprisonment for a period not to exceed 90 days.
A separate offense shall arise from each day or portion thereof in
which a violation is found to exist.
[Ord. 5-2004, 10/18/2004, § II]
All other parts, sections, subsections and provisions of the
North Lebanon Township ordinances, Lebanon County Subdivision and
Land Development Ordinance, as well as all other applicable federal,
state, county and local regulations, shall remain in effect as heretofore
enacted.
[Ord. 5-2004, 10/18/2004, § II]
In the event any provision, section, sentence, clause or part
of this ordinance shall be held to be invalid, illegal or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality
or unconstitutionality shall not affect or impair the remaining provisions,
sections, clauses or parts of this ordinance, it being the intent
of the Supervisors of North Lebanon Township that the remainder of
the ordinance shall be and shall remain in full force and affect.