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Township of Swatara, PA
Lebanon County
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Table of Contents
Table of Contents
Code
New Laws (3) Index
[Ord. 2005-66, 1/3/2005]
For the purpose of this Part, the following terms, phrases, words, or their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number; and the word "shall" is always mandatory and not merely directory.
BOARD OF SUPERVISORS
The Board of Supervisors of the Township of Swatara, Lebanon County, Pennsylvania.
DEP
The Pennsylvania Department of Environmental Protection.
PERSON
An individual, partnership, public or private association or corporation, or a governmental unit, public utility, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
REGULATED ACTIVITY
An action or proposed action that has an impact on stormwater runoff and that is specified in § 22-507 of the Township's Subdivision and Land Development Ordinance, Chapter 22.
[Added by Ord. 2017-08, 9/14/2017]
SEPARATE STORMWATER SEWER SYSTEM
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains) primarily used for collecting and conveying stormwater runoff.
STORMWATER
The surface runoff generated by precipitation reaching the ground surface.
TOWNSHIP
The Township of Swatara, Lebanon County, Pennsylvania.
WATERCOURSE
A channel or conveyance of surface water, such as a stream or creek, having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
WATERSHED
A region or area drained by a river, watercourse or other body of water, whether natural or artificial.
[Ord. 2005-66, 1/3/2005]
1. 
No person in the Township shall allow, or cause to allow, stormwater discharges into the Township's separate stormwater sewer system which are not composed entirely of stormwater, except as provided in Subsection 2 below, or discharges allowed under a state or federal permit.
2. 
Discharges which are allowed, based on a finding by the Township that the discharge or discharges do not significantly contribute to pollution to surface waters of the Commonwealth, subject to Subsection 3 below, include:
A. 
Discharge from fire-fighting activities.
B. 
Potable water sources, including dechlorinated waterline and fire hydrant flushings.
C. 
Irrigation drainage.
D. 
Routine external building washdown which does not use detergents or other compounds.
E. 
Air-conditioning condensate.
F. 
Water from individual residential car washing.
G. 
Springs.
H. 
Uncontaminated water from crawl space pumps.
I. 
Uncontaminated water from foundation or from footing drains.
J. 
Flows from riparian habitats and wetlands.
K. 
Lawn watering.
L. 
Pavement washwaters 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. 
Uncontaminated groundwater.
3. 
In the event that the Township determines that any of the discharges identified in Subsection 2 significantly contribute to pollution of waters of the Commonwealth or is so notified by DEP, the Township will notify the responsible person to cease the discharge.
4. 
Upon reasonable notice by the Township under Subsection 3, the discharger will have a reasonable time, as determined by the Township, 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 state and federal law.
[Ord. 2005-66, 1/3/2005]
1. 
The following connections are prohibited, except as allowed by § 17-102, Subsection 2, above:
A. 
Any drain or conveyance, whether on the surface or subsurface, which allows any nonstormwater discharge, including but not limited to sewage, process wastewater, and washwater, to enter the separate stormwater sewer system and any connections to the separate stormwater drain system from indoor drains or sinks.
B. 
Any drain or conveyance connected from a commercial or industrial land use to the separate stormwater sewer system which has not been documented in plans, maps, or equivalent records and approved by the Township.
[Added by Ord. 2017-08, 9/14/2017[1]]
1. 
It is unlawful for any person to undertake any regulated activity except as provided for in an approved plan or as otherwise exempted by the Board of Supervisors.
2. 
Failure to comply with the provisions of Subsection 1 is cause for suspension or revocation of any approval or permit application to such action and is subject to the penalty provisions hereinafter specified.
3. 
Suspended or revoked approvals or permits may be reinstated when, upon review of the Township Engineer or Board of Supervisors, the reason for such suspension or revocation has been returned to a compliant condition.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 17-104 through 17-106 as §§ 17-105 through 17-107.
[Ord. 2005-66, 1/3/2005]
1. 
Whenever the Township finds that a person has violated a prohibition or failed to meet a requirement of this Part, the Township may order compliance by written notice to the responsible person. Such notice may require, without limitation, the following:
A. 
Performance of monitoring, analysis and reporting.
B. 
The elimination of prohibited connections or discharges.
C. 
Cessation of any violating discharges, practices, or operations.
D. 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property.
E. 
Payment of a fine to cover administrative and remediation costs.
2. 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s). Said notice may further advise that, if applicable, should the violator fail to take the required action within the established deadline, the work will be done by the Township or its designee and the expense thereof shall be charged to the violator.
3. 
Failure to comply within the time specified shall also subject such person to the penalty provisions of this Part. All penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all remedies available in law or equity.
[Ord. 2005-66, 1/3/2005]
1. 
Any person who violates any provision of this Part shall be subject to civil enforcement and a fine not to exceed $600 per violation and/or criminal enforcement, as a summary offense, with a criminal fine not to exceed $1,000 per violation and imprisonment not to exceed 30 days. The Board of Supervisors may also seek attorneys' fees in connection with any enforcement proceeding. Each day that a violation of this Part continues to exist shall constitute a separate offense. Such civil enforcement, criminal enforcement, and fines shall be in accordance with the provisions of 53 P.S. § 66601, as amended.
2. 
The Board of Supervisors may direct that removal, repair, or remedial action be taken for any violation, and the Board of Supervisors may cause the same to be done and collect the cost thereof, together with a penalty of 10% of such cost, and attorneys' fees, and may pursue collection in the manner of municipal claims, or other action of assumpsit, or an action in equity, to compel the violator(s) to comply with the terms of the notice of violation, or seek any other relief as a court of competent jurisdiction is empowered to afford.
[Ord. 2005-66, 1/3/2005]
1. 
This Part may be enforced by the Swatara Township Code Enforcement Officer or any other person designated, subsequent to the enactment of this Part, by resolution adopted in public session by the Swatara Township Board of Supervisors.
2. 
This Code Enforcement Officer is authorized to perform all duties necessary and appropriate to be performed in the view of the Township related to this Part, including but not necessarily limited to making all necessary inspections and enforcement of violations and penalties.