[Adopted 3-13-2017 by Ord. No. 2017-238]
The purpose of this article is to provide for the health, safety,
and general welfare of the citizens of Carroll Township through the
regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable (MEP) as required by federal and
state law. This article establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
article are as follows.
For the purpose of this article, the following words and phrases
shall mean:
Employees or designees of Carroll Township designated to
administer and enforce this article. The Carroll Township Board of
Supervisors shall designate the authorized enforcement agency by resolution.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, design criteria and other management
practices to prevent or reduce the discharge of pollutants directly
or indirectly to stormwater, receiving waters or stormwater conveyance
systems. BMPs also include treatment practices, operating procedure,
and practices to control site runoff, spillage or leaks, sludge or
water disposal, or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating and demolition.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect non-stormwater discharge to the storm
drain system, except as exempted in § 308-55of this article.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency; or
Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial permits as defined
in 40 CFR 122.26(b)(14).
All separate storm sewers that are defined as "large" or
"medium" or "small" municipal separate storm sewer systems pursuant
to 40 CFR 122.26(b)(18), or designated as regulated under 40 CFR 122.26(a)(1)(v).
A permit issued by the EPA [or by a state under authority
delegated pursuant to 33 U.S.C. § 1342(b)] that authorizes
the discharge of pollutants to waters of the United States, whether
the permit is applicable on an individual, group, or general areawide
basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater or groundwater.
Any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance system, and/or receiving waters to the maximum extent practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This article shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by an authorized enforcement agency.
The authorized enforcement agency or his designees shall administer,
implement, and enforce the provisions of this article. Any powers
granted or duties imposed upon the authorized enforcement agency may
be delegated in writing by the authorized enforcement agency to persons
or entities acting in the beneficial interest of or in the employ
of the authorized enforcement agency.
The standards set forth herein and promulgated pursuant to this
article are minimum standards. Therefore, this article does not intend
nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
A.
Prohibition of illegal discharges.
(1)
No person shall discharge or cause to be discharged into the municipal
storm drain system or watercourses any materials, including but not
limited to pollutants or waters containing any pollutants that cause
or contribute to a violation of applicable water quality standards
other than stormwater.
(2)
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this article: water-line flushing or other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising groundwater, groundwater infiltration to storm drains,
uncontaminated pumped groundwater, foundation or footing drains (not
including active groundwater dewatering systems), crawl spaces pumps,
air-conditioning condensation, springs, noncommercial washing of vehicles,
natural riparian habitat or wetland flows, swimming pools (if dechlorinated,
typically less than one PPM chlorine), firefighting activities, and
any other water source not containing pollutants.
(b)
Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety.
(c)
Dye testing is an allowable discharge, but requires a written
notification to the authorized enforcement agency prior to the time
of the test.
(d)
The prohibition shall not apply to any nonstormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
Federal Environmental Protection Agency, providing that the discharger
is in full compliance with all requirements of the permit, waiver,
or order and other applicable laws and regulations, and provided that
written approval has been granted for any discharge to the storm drain
system.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this article if the
person connects a line conveying sewage to the MS4 or allows such
a connection to continue.
A.
Suspension due to illicit discharge in emergency situations. The
authorized enforcement agency may, without prior notice, suspend MS4
discharge access to a person when such 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, or to the MS4 or waters of the United States.
If the violator fails to comply with a suspension order issued in
an emergency, Carroll Township may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the United States,
or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
(1)
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 authorized enforcement agency will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the authorized enforcement agency for a reconsideration
and hearing.
(2)
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without prior approval
of the authorized enforcement agency.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the authorized enforcement agency prior to
the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.
Access to facilities.
(1)
The authorized enforcement agency shall be permitted to enter and
inspect facilities subject to regulation under this article as often
as may be necessary to determine compliance with this article. If
a discharger has security measures in force which require proper identification
and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
(2)
Facility operators shall allow the authorized enforcement agency
ready access to all parts of the premises for the purposes of inspection,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3)
The authorized enforcement agency shall have the right to set up
on any permitted facility such devices as are necessary in the opinion
of the authorized enforcement agency to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(4)
The authorized enforcement agency has the right to require the discharger
to install monitoring equipment as necessary. The facility's
sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure stormwater flow and quality
shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the authorized enforcement
agency and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
(6)
Unreasonable delays in allowing the authorized enforcement agency
access to a permitted facility is a violation of a stormwater discharge
permit and of this article. A person who is the operator of a facility
with a NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this article.
(7)
If the authorized enforcement agency has been refused access to any
part of the premises from which stormwater is discharged, and he/she
is able to demonstrate probable cause to believe that there may be
a violation of this article, or that there is a need to inspect and/or
sample as part of a routine inspection and sampling program designed
to verify compliance with this article or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the authorized enforcement agency may seek issuance
of a search warrant from any court of competent jurisdiction.
The authorized enforcement agency shall develop and recommend
to the Board of Supervisors requirements identifying best management
practices for any activity, operation, or facility which may cause
or contribute to pollution or contamination of stormwater, the storm
drain system, or waters of the United States. The owner or operator
of a commercial or industrial establishment shall provide, at their
own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drain system or
watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises,
which is, or may be, the source of an illicit discharge, may be required
to implement, at said person's expense, additional structural
and nonstructural BMPs to prevent the further discharge of pollutants
to the municipal separate storm sewer system. Compliance with all
terms and conditions of a valid NPDES permit authorizing the discharge
of stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
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. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or water of the United States, said person shall
take all necessary steps to ensure the discovery, containment, and
cleanup of such release. In the event of such a release of hazardous
materials, said person shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the Township in person or by phone or facsimile no later than the
next business day. Notifications in person or by phone shall be confirmed
by written notice addressed and mailed to the Township within three
business days or the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also 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.
A.
Whenever the authorized enforcement agency finds that a person has
violated a prohibition or failed to meet a requirement of this article,
the authorized enforcement agency may order compliance by written
notice of violation to the responsible person. Such notice may require,
without limitation:
(1)
The performance of monitoring, analysis, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease and
desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
B.
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor and the expense thereof shall be charged to
the violator.
Any person receiving a Notice of Violation may appeal the determination
to the Carroll Township Board of Supervisors or such designee as the
Board of Supervisors may designate by resolution from time to time
to hear such appeals, in care of the Carroll Township Secretary. The
notice of appeal must be received within 20 days from the date of
the notice of violation or such right of appeal shall be deemed waived.
Hearing on the appeal before the Carroll Township Board of Supervisors
or its designee shall take place within 45 days of receipt of the
notice of appeal. The decision of the Carroll Township Board of Supervisors
or its designee shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 10 days of receipt of the written decision of the Carroll Township
Board of Supervisors or its designee upholding the decision of the
authorized enforcement agency, then representatives of the authorized
enforcement agency shall enter upon the subject private property and
are authorized to take any and all measures necessary to abate the
violation and/or restore the property. It shall be unlawful for any
persons, owner, agent or person in possession of any premises to refuse
to allow the governmental agency or designated contractor to enter
upon the premises for the purposes set forth above.
A.
Within 30 days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to
the amount of the assessment within 30 days. If the amount due is
not paid within a timely manner as determined by the decision of the
Board of Supervisors or by the expiration of the time in which to
file an appeal, the charges shall become a special assessment against
the property and shall constitute a lien on the property for the amount
of the assessment in accordance with applicable Pennsylvania law.
B.
Any person violating any of the provisions of this article shall
become liable to Carroll Township by reason of such violation. The
liability shall be paid in not more than 12 equal payments. Interest
at the rate of 6% per annum shall be assessed on the balance beginning
on the second day following discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the authorized enforcement agency may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation. Any such person against
whom such an injunction is issued shall be responsible for paying
all costs of the authorized enforcement agency in obtaining and enforcing
such injunction, including the agency's attorney's fees.
In lieu of enforcement proceedings, penalties, and remedies
authorized by this article, the authorized enforcement agency may
impose upon a violator, alternative compensatory actions, such as
storm drain stenciling, attendance at compliance workshops, creek
cleanup, etc.
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of any of
the provisions of this article is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken, with all costs thereof, including attorney's
fees of the authorized enforcement agency, to be borne by the violator.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
The authorized enforcement agency may recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this article, including sampling and monitoring expenses, from persons
upon whom enforcement action is taken or directed.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state or local
law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.
Provisions of this article shall not affect any act done or
liability incurred, nor shall they affect any suit or prosecution
pending or to be instituted to enforce any right or penalty or to
punish any offense under the authority of any ordinance repealed by
this article.
