[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:
(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
article.
[Ord. 23-2010, 11 § 2, passed 9-26-2011]
(a)
Prohibited discharges.
(1)
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.
(2)
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:
A.
Discharges from fire-fighting activities.
B.
Discharges from potable water sources not containing chlorine,
including dechlorinated water line and fire hydrant flushing.
C.
Irrigation drainage.
D.
Discharges from routine external building wash down (which does
not use detergents or other compounds).
E.
Discharges from air-conditioning condensate.
F.
Discharges from water from individual residential car washing.
G.
Springs.
H.
Discharges from water from crawl space pumps.
I.
Discharges from uncontaminated water from foundation or from
footing drains.
J.
Flows from riparian habitats and wetlands.
K.
Discharges from lawn watering.
L.
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.
M.
Dechlorinated swimming pool discharges.
N.
Discharges from uncontaminated groundwater.
O.
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.
(3)
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.
(4)
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.
(5)
Nothing in this section shall affect a discharger's responsibilities
under the state law.
(b)
Prohibited connections. The following connections are prohibited,
except as provided in subsection (a)(2) above:
(1)
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,
(2)
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.
(3)
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]
(a)
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.
(1)
Failure to submit a timely petition for review shall be deemed
to be a waiver of the administrative appeal.
(2)
In its petition, the appealing party must indicate the provisions
objected to and the reasons for this objection.
(3)
The effectiveness of the City of Lebanon's determination
shall not be stayed pending the appeal.
A.
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.
B.
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.
