[Adopted 12-16-2014 by Ord. No. 858]
This article shall be known and may be cited as the "Borough
of Baldwin MS4 Prohibited Discharge Ordinance."
The governing body of the municipality finds that:
A.
Inadequate maintenance of stormwater facilities contributes to erosion
and sedimentation, overtaxes the carrying capacity of streams and
storm sewers, increases the cost of public facilities to carry and
control stormwater, undermines flood plain management and flood control
efforts in downstream communities, reduces groundwater recharge, threatens
public health and safety, and increases pollution of water resources.
B.
Reasonable regulation of connections and discharges to municipal
separate stormsewer systems is fundamental to the public health, safety,
and welfare and the protection of people of the commonwealth, their
resources, and the environment.
C.
Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D.
Federal and state regulations require certain municipalities to obtain
a permit for stormwater discharges from their separate storm sewer
systems under the National Pollutant Discharge Elimination System
(NPDES). Permittees are required to enact, implement, and enforce
a prohibition of nonstormwater discharges to the permittee's regulated
small municipal separate stormsewer systems (MS4s).
The purpose of this article is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 134-54 of this article, through provisions designed to:
A.
Provide standards to meet NPDES permit requirements.
B.
Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of this commonwealth.
C.
Preserve the natural drainage systems as much as possible.
D.
Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
E.
Prevent scour and erosion of stream banks and streambeds.
F.
Provide proper operation and maintenance of all facilities and all
SWM BMPs that are implemented within the municipality.
The municipality also is empowered to regulate land use activities
that affect runoff by the authority of the Act of July 31, 1968, P.L.
805, No. 247, The Pennsylvania Municipalities Planning Code, as amended.
All activities related to proper operation and maintenance of
approved stormwater management BMPs and all activities that may contribute
nonstormwater discharges to a regulated small MS4 are subject to regulation
by this article.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this article is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this article invalid, such decision shall
not affect the validity of any of the remaining provisions of this
article.
Actions taken under this article do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation, or ordinance.
For the purposes of this article, certain terms and words used
herein shall be interpreted as follows:
A.
Words used in the present tense include the future tense; the singular
number includes the plural, and the plural number includes the singular;
words of masculine gender include feminine gender; and words of feminine
gender include masculine gender.
B.
The word "includes" or "including" shall not limit the term to the
specific example but is intended to extend its meaning to all other
instances of like kind and character.
C.
BEST MANAGEMENT PRACTICE (BMP)
CONSERVATION DISTRICT
DEP
EARTH DISTURBANCE ACTIVITY
MUNICIPALITY
NRCS
REGULATED ACTIVITIES
STATE WATER QUALITY REQUIREMENTS
STORMWATER
USDA
WATERS OF THIS COMMONWEALTH
The words "shall" and "must" are mandatory; the words "may" and "should"
are permissive.
Activities, facilities, designs, measures, or procedures
used to manage stormwater impacts from regulated activities, to meet
state water quality requirements, to promote groundwater recharge,
and to otherwise meet the purposes of this article. Stormwater BMPs
are commonly grouped into one of two broad categories or measures:
structural or nonstructural. In this article, nonstructural BMPs or
measures refer to operational and/or behavior-related practices that
attempt to minimize the contact of pollutants with stormwater runoff
whereas structural BMPs or measures are those that consist of a physical
device or practice that is installed to capture and treat stormwater
runoff. Structural BMPs include, but are not limited to, a wide variety
of practices and devices, from large-scale retention ponds and constructed
wetlands, to small-scale underground treatment systems, infiltration
facilities, filter strips, low impact design, bioretention, wet ponds,
permeable paving, grassed swales, riparian or forested buffers, sand
filters, detention basins, and manufactured devices. Structural stormwater
BMPs are permanent appurtenances to the project site.
A conservation district, as defined in Section 3(c) of the
Conservation District Law (3 P.S. § 851(c)) that has the
authority under a delegation agreement executed with DEP to administer
and enforce all or a portion of the regulations promulgated under
25 Pa. Code 102.
The Pennsylvania Department of Environmental Protection.
A construction or other human activity which disturbs the
surface of the land, including, but not limited to: clearing and grubbing;
grading; excavations; embankments; road maintenance; building construction;
and the moving, depositing, stockpiling, or storing of soil, rock,
or earth materials. Earth disturbance activity is subject to regulation
under 25 Pa. Code 92, 25 Pa. Code 102, or the Clean Streams Law.
Borough of Baldwin, Allegheny County, Pennsylvania.
USDA Natural Resources Conservation Service (previously SCS).
Any activities that may affect stormwater runoff and any
activities that may contribute nonstormwater discharges to a regulated
small MS4.
The regulatory requirements to protect, maintain, reclaim,
and restore water quality under Title 25 of the Pennsylvania Code
and the Clean Streams Law.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
United States Department of Agriculture.
Any and all rivers, streams, creeks, rivulets, impoundments,
ditches, watercourses, storm sewers, lakes, dammed water, wetlands,
ponds, springs, and all other bodies or channels of conveyance of
surface and underground water, or parts thereof, whether natural or
artificial, within or on the boundaries of this commonwealth.
A.
For all regulated earth disturbance activities, erosion and sediment
control BMPs shall be designed, implemented, operated, and maintained
during the regulated earth disturbance activities (e.g., during construction)
to meet the purposes and requirements of this article and to meet
all requirements under Title 25 of the Pennsylvania Code and the Clean
Streams Law. Various BMPs and their design standards are listed in
the Erosion and Sediment Pollution Control Program Manual (E&S
Manual),[1] No. 363-2134-008 (April 15, 2000), as amended and updated.
B.
Stormwater flows onto adjacent property shall not be created, increased,
decreased, relocated, or otherwise altered without written notification
of the adjacent property owner(s) by the developer. Such stormwater
flows shall be subject to the requirements of this article.
C.
For all regulated activities, SWM BMPs shall be implemented, operated,
and maintained to meet the purposes and requirements of this article
and to meet all requirements under Title 25 of the Pennsylvania Code,
the Clean Streams Law, and the Storm Water Management Act.
A.
Facilities, areas, or structures used as Stormwater Management BMPs
shall be enumerated as permanent real estate appurtenances and recorded
as deed restrictions or conservation easements that run with the land.
B.
O and M plans for stormwater management approved pursuant to 25 Pa.
Code § 102 after the date of this article shall be recorded
as a restrictive deed covenant that runs with the land.
C.
The municipality may take enforcement actions against an owner for
any failure to satisfy the provisions of this article.
A.
Prior to completing construction of a SWM site plan, the property
owner shall sign and record an operation and maintenance (O and M)
agreement (see Appendix A) covering all stormwater control facilities
which are to be privately owned.
(1)
The owner, successor and assigns shall operate and maintain all facilities
in accordance with the approved schedule(s) in the O and M plan.
(2)
The owner shall convey to the municipality conservation easements
to assure access for periodic inspections by the municipality and
maintenance, as necessary.
(3)
The owner shall keep on file with the Municipality the name, address,
and telephone number of the person or company responsible for operation
and maintenance activities. In the event of a change, new information
shall be submitted by the owner to the Municipality within 10 working
days of the change.
B.
The owner is responsible for operation and maintenance (O and M)
of the SWM BMPs. If the owner fails to adhere to the O and M agreement,
the municipality may perform the services required and charge the
owner appropriate fees. Nonpayment of fees may result in a lien against
the property.
A.
Any drain or conveyance, whether on the surface or subsurface, that
allows any nonstormwater discharge including sewage, process wastewater,
and wash water to enter a regulated small MS4 or to enter the waters
of this commonwealth is prohibited.
B.
No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this commonwealth, which are not composed entirely of stormwater, except as provided in Subsection C below and discharges allowed under a state or federal permit.
C.
The following discharges are authorized unless they are determined
to be significant contributors to pollution a regulated small MS4
or to the waters of this commonwealth:
(1)
Discharges from firefighting activities.
(2)
Potable water sources including water line flushing.
(3)
Irrigation drainage.
(4)
Air-conditioning condensate.
(5)
Springs.
(6)
Water from crawl space pumps.
(7)
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.
(8)
Diverted stream flows.
(9)
Flows from riparian habitats and wetlands.
(10)
Uncontaminated water from foundations or from footing drains.
(11)
Lawn watering.
(12)
Dechlorinated swimming pool discharges.
(13)
Uncontaminated groundwater.
(14)
Water from individual residential car washing.
(15)
Routine external building wash down (which does not use detergents
or other compounds).
(16)
Rising groundwaters.
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs.
Upon presentation of proper credentials, the municipality may
enter at reasonable times upon any property within the municipality
to inspect the condition of the stormwater structures and facilities
in regard to any aspect regulated by this article.
SWM BMPs should be inspected by the landowner, or the owner's
designee (including the municipality for dedicated and owned facilities),
according to the following list of minimum frequencies:
It is unlawful for any person to modify, remove, fill, landscape,
or alter any approved SWM BMPs, facilities, areas, or structures without
the written approval of DEP or a delegated County Conservation District,
and the municipality.
A.
Any approval or permit issued by the municipality may be suspended
or revoked for:
(1)
Noncompliance with or failure to implement any provision of an approved
SWM site plan or O and M agreement.
(2)
A violation of any provision of this article or any other applicable
law, ordinance, rule, or regulation relating to a regulated activity.
(3)
The creation of any condition or the commission of any act which
constitutes or creates a hazard, nuisance, pollution, or endangers
the life or property of others.
C.
An approval that has been revoked by the municipality cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this article.
D.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the municipality may provide
a limited time period for the owner to correct the violation. In these
cases, the municipality will provide the owner, or the owner's designee,
with a written notice of the violation and the time period allowed
for the owner to correct the violation. If the owner does not correct
the violation within the allowed time period, the municipality may
revoke or suspend any, or all, applicable approvals and permits pertaining
to any provision of this article.
A.
Anyone violating the provisions of this article shall be guilty of
a summary offense, and upon conviction, shall be subject to a fine
of not more than $1,000 for each violation, recoverable with costs.
Each day that the violation continues shall be a separate offense
and penalties shall be cumulative.
B.
In addition, the municipality may institute injunctive, mandamus,
or any other appropriate action or proceeding at law or in equity
for the enforcement of this article. Any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
A.
Any person aggrieved by any action of the municipality or its designee,
relevant to the provisions of this article, may appeal to the municipality
within 30 days of that action.
B.
Any person aggrieved by any decision of the municipality, relevant
to the provisions of this article, may appeal to the County Court
of Common Pleas in the county where the activity has taken place within
30 days of the municipality's decision.
A.
Pennsylvania Department of Environmental Protection. No. 363-0300-002
(December 2006), as amended and updated. Pennsylvania Stormwater Best
Management Practices Manual. Harrisburg, PA.
B.
Pennsylvania Department of Environmental Protection. No. 363-2134-008
(April 15, 2000), as amended and updated. Erosion and Sediment Pollution
Control Program Manual. Harrisburg, PA.
