[HISTORY: Adopted by the Borough Council of the Borough of
Dallastown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-13-2007 by Ord. No. 547]
For the purposes of this article, the following shall mean:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures 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 procedures 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. Beginning
in March 2003, NPDES Stormwater Phase II permits will be required
for 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.
The Pennsylvania Department of Environmental Protection.
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 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.
As defined in § 171-6.
Activities subject to NPDES industrial permits as defined
in 40 CFR, 122.26(b)(14).
The Borough of Dallastown, located in York County, Pennsylvania.
A permit issued by the EPA [or by DEP 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 area-wide basis.
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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 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 systems 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 of the Municipality generated on any developed and undeveloped
lands unless explicitly exempted by the Municipality.
The Municipality shall administer, implement and enforce the
provisions of this article. Any powers granted or duties imposed upon
the Municipality may be delegated, in writing, by the governing body
of the Municipality to employees, agents or designees of the Municipality.
The provisions of this article are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this article or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this article.
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 or unauthorized discharge of pollutants.
A.Â
Prohibition of illicit discharges.
(1)Â
No person shall discharge or cause to be discharged into the Municipality's
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. Any discharge in violation of this section
shall be considered an illicit discharges, except as exempted below.
(2)Â
The commencement, conduct or continuance of any illicit discharge
to the storm drain system is prohibited, except as described as follows:
(a)Â
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 space 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), fire-fighting activities, and
any other water source not containing pollutants.
(b)Â
Discharges specified, in writing, by the Municipality as being
necessary to protect public health and safety.
(c)Â
Dye testing is an allowable discharge, but requires a verbal
notification to the Municipality prior to the time of the test.
(d)Â
The prohibition shall not apply to any nonstormwater discharge
permitted under a NPDES permit, waiver or waste discharge order issued
to the discharger and administered under the authority of DEP, provided
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.Â
Prohibition of illicit connections.
(1)Â
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2)Â
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)Â
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.Â
Suspension due to illicit discharges in emergency situations. The
Municipality 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 Commonwealth of Pennsylvania or of
the United States. If the violator fails to comply with a suspension
order issued in an emergency, the Municipality 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, including,
without limitation, entering onto property for the purpose of disconnecting
and/or performing emergency maintenance or repairs to storm sewers.
In the event the Municipality must disconnect or perform emergency
maintenance and/or repairs, the Municipality may file and attach a
municipal lien on the property which is causing the illicit discharge.
B.Â
Suspension due to the detection of illicit discharge or illicit connection.
(1)Â
Any person discharging to the MS4 in violation of this article may
have its MS4 access terminated if such termination would abate or
reduce an illicit discharge or illicit connection. The Municipality
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the Municipality for a reconsideration and
hearing.
(2)Â
A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section without the prior approval
of the Municipality.
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 shall be required
in a form acceptable to the Municipality prior to the allowing of
discharges to the MS4.
A.Â
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B.Â
Access to facilities.
(1)Â
The Municipality 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 Municipality.
(2)Â
Facility operators shall allow the Municipality 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 a
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
(3)Â
The Municipality 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)Â
The Municipality 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)Â
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 Municipality
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
(6)Â
Unreasonable delays in allowing the Municipality 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 Municipality reasonable access
to the permitted facility for the purpose of conducting any activity
authorized or required by this article.
(7)Â
If the Municipality has been refused access to any part of the premises
from which stormwater is discharged, and it 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 Municipality
may seek issuance of a search warrant from any court of competent
jurisdiction.
A.Â
The Municipality will adopt 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.
B.Â
The owner or operator of a commercial or industrial establishment
shall provide, at its 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 (SWPPP) 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 an illicit discharge 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 Municipality, 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 Municipality
within three business days of 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.Â
Notice of violation.
(1)Â
Whenever the Municipality finds that a person has violated a prohibition
or failed to meet a requirement of this article, the Municipality
may order compliance by written notice of violation to the responsible
person. Such notice may require without limitation:
(a)Â
The performance of monitoring, analyses and reporting;
(b)Â
The elimination of illicit connections or illicit discharges;
(c)Â
That violating discharges, practices or operations shall cease
and desist;
(d)Â
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)Â
Payment of a fine to cover administrative and remediation costs;
and
(f)Â
The implementation of source control or treatment BMPs.
(2)Â
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 or assessed as a municipal lien on the property.
Any person receiving a notice of violation may appeal the determination
of the Municipality. The notice of appeal must be received within
30 days from the date of the notice of violation. Hearing on the appeal
before a designated hearing representative of the Municipality shall
take place within 15 days from the date of receipt of the notice of
appeal. The decision of the Municipality 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 15 days of the hearing representative's decision upholding
the decision of the Municipality, then representatives of the Municipality
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 person, owner,
agent or person in possession of any premises to refuse to allow the
Municipality or designated contractor to enter upon the premises for
the purposes set forth above.
A.Â
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 thereafter file a written protest objecting
to the amount of the assessment within 30 days. If the amount due
is not paid by the owner within a timely manner as determined by the
decision of the municipal authority 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 municipal lien on the
property for the amount of the assessment.
B.Â
Any person violating any of the provisions of this section shall
become liable to the Municipality by reason of such violation. The
liability shall be paid in not more than 12 equal payments.
C.Â
Interest at the rate of 12% per annum shall be assessed on the balance
beginning on the first 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 Municipality 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.
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 public 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 public nuisance may be taken.
A.Â
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law and shall be subject to a criminal penalty of up to $5,000 per
violation per day or imprisonment for a period of time not to exceed
90 days, or both.
B.Â
The Municipality may recover all attorneys' fees, court costs
and other expenses associated with enforcement of this article, either
criminal or civil, including sampling and monitoring expenses or other
costs of investigation.
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 Municipality to seek cumulative
remedies.