This part shall be known and may be cited as the "Borough of Edgeworth MS4 Prohibited Discharge Ordinance."
The governing body of the municipality finds that:
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 floodplain management and flood control efforts in downstream communities, reduces groundwater recharge, threatens public health and safety, and increases pollution of water resources.
Reasonable regulation of connections and discharges to municipal separate storm sewer systems is fundamental to the public health, safety, and welfare and the protection of people of the commonwealth, their resources, and the environment.
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.
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 storm sewer systems (MS4s).
The purpose of this part is to promote health, safety, and welfare within the municipality and its watershed by minimizing the harms and maximizing the benefits described in § 107-46 of this part, through provisions designed to:
Provide standards to meet NPDES permit requirements.
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93 to protect, maintain, reclaim, and restore the existing and designated uses of the waters of this commonwealth.
Preserve the natural drainage systems as much as possible.
Maintain groundwater recharge to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
Prevent scour and erosion of stream banks and streambeds.
Provide proper operation and maintenance of all facilities and all SWM BMPs that are implemented within the municipality.
The municipality also is empowered to enact this part and 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, as well as Article I, Section 27, of the Pennsylvania Constitution.
Editor's Note: See 53 P.S. § 10101 et seq.
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 part.
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this part 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 part invalid, such decision shall not affect the validity of any of the remaining provisions of this part.
Actions taken under this part do not affect any responsibility, permit or approval for any activity regulated by any other code, law, regulation or ordinance.