[Ord. 23-2010, 11 § 1, passed 9-26-2011]
The purpose of this article is to promote the general health, welfare and safety of the citizens of the City of Lebanon by preserving and protecting the waters of the City of Lebanon and adjacent municipalities through the implementation of methods that will prevent and make illegal illicit discharges to the municipal separate stormwater system of the City of Lebanon. These methods are further made necessary by the requirements of the Pennsylvania Department of Environmental Protection's NPDES Phase II regulations and stormwater discharge permit. The objectives of this article are:
To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user.
To prohibit illicit connections and discharges to the municipal separate storm sewer system.
To establish the legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article.
[Ord. 23-2010, 11 § 2, passed 9-26-2011]
No person in the City of Lebanon shall allow, or cause to allow, discharges into the City of Lebanon's separate storm sewer system which are not composed entirely of stormwater, except as provided in the subsection (a)(2) below, and discharges approved under a state or federal permit.
Discharges which may be allowed, based on a finding by the City of Lebanon that the discharge(s) do not significantly contribute to pollution to surface waters of the Commonwealth, are:
Discharges from fire-fighting activities.
Discharges from potable water sources not containing chlorine, including dechlorinated water line and fire hydrant flushing.
Discharges from routine external building wash down (which does not use detergents or other compounds).
Discharges from air-conditioning condensate.
Discharges from water from individual residential car washing.
Discharges from water from crawl space pumps.
Discharges from uncontaminated water from foundation or from footing drains.
Flows from riparian habitats and wetlands.
Discharges from lawn watering.
Pavement wash waters 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.
Dechlorinated swimming pool discharges.
Discharges from uncontaminated groundwater.
Dye testing, but verbal notification must be provided to the City of Lebanon's Public Works Director/Engineer prior to the time of the test.
In the event that the City of Lebanon determines that any of the discharges identified in subsection (a)(2) significantly contribute to pollution of waters of the commonwealth, or is so notified by DEP, the City of Lebanon will notify the responsible person to cease the discharge.
Upon notice provided by the City of Lebanon under subsection (a)(2), the discharger will have a reasonable time, as determined by the City of Lebanon, to cease the discharge consistent with the degree of pollution caused by the discharge.
Nothing in this section shall affect a discharger's responsibilities under the state law.
Prohibited connections. The following connections are prohibited, except as provided in subsection (a)(2) above:
Any drain or conveyance, whether on the surface or subsurface, which allows any non-stormwater 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; and,
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 City of Lebanon.
These prohibitions apply to both existing and future connections.
[Ord. 23-2010, 11 § 3, passed 9-26-2011]
The City of Lebanon 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 of welfare of persons. Any person discharging to the MS4, in violation of this article may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The violator may petition the City of Lebanon for a reconsideration and hearing.
[Ord. 23-2010, 11 § 4, passed 9-26-2011]
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. 23-2010, 11 § 5, passed 9-26-2011]
Notwithstanding other requirements of law, as soon as any person responsible for a facility, operation or responsible for emergency response for a facility 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 United States, said person shall take all necessary steps to ensure the discovery, containment and cleanup 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 City of Lebanon 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 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.
[Ord. 23-2010, 11 § 6, passed 9-26-2011]
This article shall apply to all water entering the storm drain system generated on any developed and/or undeveloped lands unless explicitly exempted by the City of Lebanon or as applicable, another county, state or federal enforcement agency.
[Ord. 23-2010, 11 § 7, passed 9-26-2011]
The City of Lebanon through its Engineer, City of Lebanon Mayor and staff shall administer, implement and enforce the provisions of this article.
[Ord. 23-2010, 11 § 8, passed 9-26-2011]
Any person aggrieved by the City of Lebanon's decision to suspend their MS4 discharge access may petition the City of Lebanon to reconsider within 30 days of its determination. Such an appeal shall be directed to the City of Lebanon Council, whose decision regarding the appeal will be final.
Failure to submit a timely petition for review shall be deemed to be a waiver of the administrative appeal.
In its petition, the appealing party must indicate the provisions objected to and the reasons for this objection.
The effectiveness of the City of Lebanon's determination shall not be stayed pending the appeal.
If the City of Lebanon fails to act within 60 days following presentation of the petition to the City of Lebanon Council, a request for reconsideration shall be deemed to be denied. Decisions not to reconsider a determination shall be considered final administrative action for purposes of judicial review.
Aggrieved parties seeking judicial review of the final administrative decision must do so by filing a complaint with the court of competent jurisdiction.
[Ord. 23-2010, 11 § 9, passed 9-26-2011]
Civil Penalties. Any person, corporation or business entity who is found to have failed to comply with any provision of this article shall, in a summary proceeding before a district justice, be required to pay a fine of not less than $100 nor more than $300, for each offense. Each day during which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City of Lebanon may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person, corporation or business entity who is found to have violated this article. Upon failure to make prompt payment of same, to undergo imprisonment for a term not to exceed 90 days.
[Ord. 23-2010, 11 § 10, passed 9-26-2011]
Any ordinance or part of ordinance conflicting with the provisions of this article be and the same is hereby repealed so far as the same affects this article.