City of Erie, PA
Erie County
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Table of Contents
Table of Contents
[Ord. 20-2004, passed 3-10-2004]
This article shall be known and may be cited as the "City of Erie Stormwater Quality Management Ordinance".
[Ord. 20-2004, passed 3-10-2004]
The governing body of the Municipality finds that:
(a) 
Stormwater runoff from lands modified by human activities threatens public health and safety by causing decreased infiltration of rainwater and increased runoff flows and velocities, which overtax the carrying capacity of existing streams and storm sewers, and greatly increases the cost to the public to manage stormwater.
(b) 
Inadequate planning and management of stormwater runoff resulting from land development and redevelopment throughout a watershed can also harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream-beds and stream-banks thereby elevating sedimentation), destroying aquatic habitat and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals and pathogens. Groundwater resources are also impacted through loss of recharge.
(c) 
A program of stormwater management, including reasonable regulation of land development and redevelopment causing loss of natural infiltration, is fundamental to the public health, safety, welfare, and the protection of the people of the Municipality and all the people of the Commonwealth, their resources, and the environment.
(d) 
Stormwater can be an important water resource by providing groundwater recharge for water supplies and base flow of streams, which also protects and maintains surface water quality.
(e) 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
(f) 
Federal and state regulations require certain municipalities to implement a program of stormwater controls. These municipalities are required to obtain a permit for stormwater discharges from their separate storm sewer systems under the National Pollutant Discharge Elimination System (NPDES).
(g) 
Non-stormwater discharges to municipal separate storm sewer systems can contribute to pollution of waters of the Commonwealth by the Municipality.
[Ord. 20-2004, passed 3-10-2004]
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 Section 946.02, through provisions designed to:
(a) 
Manage stormwater runoff impacts at their source by regulating activities that cause the problems.
(b) 
Provide review procedures and performance standards for stormwater planning and management.
(c) 
Utilize and preserve the existing natural drainage systems as much as possible.
(d) 
Manage stormwater impacts close to the runoff source, which requires a minimum of structures and relies on natural processes.
(e) 
Focus on infiltration of stormwater, to maintain groundwater recharge, to prevent degradation of surface and groundwater quality and to otherwise protect water resources.
(f) 
Maintain existing flows and quality of streams and watercourses.
(g) 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93.4a to protect and maintain "existing uses" and maintain the level of water quality to support those uses in all streams, and to protect and maintain water quality in "special protection" streams.
(h) 
Prevent scour and erosion of stream banks and streambeds.
(i) 
Provide for proper operations and maintenance of all permanent stormwater management BMPs that are implemented in the Municipality.
(j) 
Provide a mechanism to identify controls necessary to meet the NPDES permit requirements.
(k) 
Implement an illegal discharge detection and elimination program to address non-stormwater discharges into the Municipality's separate storm sewer system.
[Ord. 20-2004, passed 3-10-2004]
The Municipality is empowered to regulate land use activities that affect stormwater impacts by the authority of the Optional Third Class City Charter Law, 53 P.S. § 41401 et seq., by the Third Class City Code, 53 P.S. § 535101 et seq., by the Stormwater Management Act, 32 P.S. § 680.1 et seq., and by the Pennsylvania Municipal Planning Code, 53 P.S. § 10101 et seq.
[Ord. 20-2004, passed 3-10-2004]
(a) 
This article applies to any Regulated Earth Disturbance activities within the Municipality, and all stormwater runoff entering into the Municipality's separate storm sewer system from lands within the boundaries of the Municipality.
(b) 
Earth Disturbance activities and associated stormwater management controls are also regulated under existing state law and implementing regulations. This article shall operate in coordination with those parallel requirements; the requirements of this article shall be no less restrictive in meeting the purposes of this article than state law.
[Ord. 20-2004, passed 3-10-2004]
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.
[Ord. 20-2004, passed 3-10-2004]
In the event that any section or provision of this article is declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of any of the remaining provisions of this article.
[Ord. 20-2004, passed 3-10-2004]
(a) 
Approvals issued and actions taken under this article do not relieve the Applicant of the responsibility to secure required permits or approvals for activities regulated by any other code, law, regulation or ordinance. To the extent that this article imposes more rigorous or stringent requirements for stormwater management, the specific requirements contained in this article shall be followed.
(b) 
Nothing in this article shall be construed to affect any of the Municipality's requirements regarding stormwater matters which do not conflict with the provisions of this article, such as local stormwater management design criteria (e.g. inlet spacing, inlet type, collection system. design and details, outlet structure design, etc.). Conflicting provisions in other municipal ordinances or regulations shall be construed to retain the requirements of this ordinance addressing State Water Quality Requirements.
[Ord. 20-2004, passed 3-10-2004]
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) 
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) 
SHALL and MUST — Are mandatory; the words "may" and "should" are permissive.
(d) 
ACCELERATED EROSION — The removal of the surface of the land through, the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone.
(e) 
APPLICANT — A landowner, developer or other person who has filed an application for approval to engage in any Regulated Earth Disturbance activity at a project site in the Municipality.
(f) 
BMP (BEST MANAGEMENT PRACTICE) — Activities, facilities, designs, measures or procedures used to manage stormwater impacts from Regulated Earth Disturbance activities, to meet State Water Quality Requirements, to promote groundwater recharge and to otherwise meet the purposes of this article.
(g) 
BMPs — Includes but are not limited to infiltration, filter strips, low impact design, bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters, detention basins and sedimentation oil, grit separators.
(h) 
CONSERVATION DISTRICT — The Erie County Conservation District.
(i) 
DEP — The Pennsylvania Department of Environmental Protection.
(j) 
DEVELOPER — A person that seeks to undertake any Regulated Earth Disturbance activities at a project site in the Municipality.
(k) 
DEVELOPMENT — See "Earth Disturbance Activity." The term includes redevelopment.
(l) 
DEVELOPMENT SITE — The specific tract of land where any Earth Disturbance activities in the Municipality are planned, conducted or maintained.
(m) 
EARTH DISTURBANCE ACTIVITY — A constriction 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.
(n) 
EROSION — The process by which the surface of the land, including channels, is worn away by water, wind, or chemical action.
(o) 
EROSION AND SEDIMENT CONTROL PLAN — A plan for a project site which identifies BMPs to stop or minimize accelerated erosion and sedimentation.
(p) 
GROUNDWATER RECHARGE — Replenishment of existing natural underground water supplies.
(q) 
IMPERVIOUS SURFACE — A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas, and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.
(r) 
MUNICIPALITY — City of Erie, Erie County, Pennsylvania.
(s) 
NPDES — National Pollutant Discharge Elimination System, the federal government's system for issuance of permits under the Clean Water Act, which is delegated to DEP in Pennsylvania.
(t) 
OUTFALL — "Point Source" as described in 40 CER § 122.2 at the point where the Municipality's storm sewer system discharges to surface waters of the Commonwealth.
(u) 
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.
(v) 
POINT SOURCE — Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, or conduit from which stormwater is or may be discharged, as defined in State regulations at 25 Pa. Code § 92.1.
(w) 
PROJECT SITE — The specific area of land where any Regulated Earth Disturbance activities in the Municipality are planned, conducted or maintained.
(x) 
REDEVELOPMENT — Earth Disturbance activities on land, which has previously been disturbed or developed.
(y) 
REGULATED EARTH DISTURBANCE ACTIVITY — Earth disturbance activity one acre or more with a point source discharge to surface waters or the Municipality's storm sewer system, or five acres or more regardless of the planned runoff. This includes earth disturbance on any portion of, part, or during any stage of, a larger common plan of development. This only includes road maintenance activities involving 25 acres or more or earth disturbance.
(z) 
ROAD MAINTENANCE — Earth disturbance activities within the existing road cross-section, such as grading and repairing existing unpaved road surfaces, cutting road banks, cleaning or clearing drainage ditches and other similar activities.
(aa) 
SEPARATE STORM 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.
(bb) 
STATE WATER QUALITY REQUIREMENTS — As defined under state regulations — protection of designated and existing uses (See 25 Pa. Code Chapters 93 and 96) — including:
(1) 
Each stream segment in Pennsylvania has a "designated use," such as "cold water fishery" or "potable water supply," which are listed in Chapter 93. These uses must be protected and maintained, under state regulations.
(2) 
"Existing uses" are those attained as of November 1975, regardless whether they have been designated in Chapter 93. Regulated Earth Disturbance activities must be designed to protect and maintain existing uses and maintain the level of water quality necessary to protect those uses in all streams, and to protect and maintain water quality in special protection streams.
(3) 
Water quality involves the chemical, biological and physical characteristics of surface water bodies. After Regulated Earth Disturbance activities are complete, these characteristics can be impacted by addition of pollutants such as sediment, and changes in habitat through increased flow volumes and/or rates as a result of changes in land surface area from those activities. Therefore, permanent discharges to surface waters must be managed to protect the stream bank, streambed and structural integrity of the waterway, to prevent these impacts.
(cc) 
STORMWATER — The surface runoff generated by precipitation reaching the ground surface.
(dd) 
SURFACE WATERS OF THE COMMONWEALTH — 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 water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
(ee) 
WATERCOURSE — A channel or conveyance of surface water, such as a stream or creek, having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
(ff) 
WATERSHED — Region or area drained by a river, watercourse or other body of water, whether natural or artificial.
[Ord. 20-2004, passed 3-10-2004]
(a) 
General requirements for stormwater management.
(1) 
All Regulated Earth Disturbance activities within the Municipality shall be designed, implemented, operated and maintained to meet the purposes of this article, through these two elements:
A. 
Erosion and Sediment control during the earth disturbance activities (e.g., during construction), and
B. 
Water quality protection measures after completion of earth disturbance activities (e.g., after construction), including operations and maintenance.
(2) 
No Regulated Earth Disturbance activities within the Municipality shall commence until the requirements of this article are met.
(3) 
All construction activity shall utilize BMPs (Best Management Practices) to the greatest extent feasible. BMPs include: activities, facilities, designs, measures or procedures used to manage stormwater impacts from Regulated Earth Disturbance activities, to meet State Water Quality Requirements, to promote groundwater recharge and to otherwise meet the purposes of this article.
(4) 
Erosion and sediment control during Regulated Earth Disturbance activities shall be addressed as required by Subsection (c) hereof.
(5) 
Post-construction water quality protection shall be addressed as required by Subsection (d) hereof. Operations and maintenance of permanent stormwater BMPs shall be addressed as required by Article IV.
(6) 
All Best Management Practices (BMPs) used to meet the requirements of this article shall conform to the State Water Quality Requirements, and any more stringent requirements as determined by the Municipality.
(7) 
Techniques described in Appendix A (Low Impact Development) of this article are encouraged, because they reduce the costs of complying with the requirements of this article and the State Water Quality Requirements.
(b) 
Permit requirements by other government entities. The following permit requirements may apply to certain Regulated Earth Disturbance activities, and must be met prior to commencement of Regulated Earth Disturbance activities, as applicable:
(1) 
All Regulated Earth Disturbance activities subject to permit requirements by DEP under regulations at 25 Pa. Code Chapter 102.
(2) 
Work within natural drainageways subject to permit by DEP under 25 Pa. Code Chapter 105.
(3) 
Any stormwater management facility that would be located in or adjacent to surface waters of the Commonwealth, including wetlands, subject to permit by DEP under 25 Pa. Code Chapter 105.
(4) 
Any stormwater management facility that would be located on a State highway right-of-way, or require access from a state highway, shall be subject to approval by the Pennsylvania Department of Transportation (PENNDOT).
(5) 
Culverts, bridges, storm sewers or any other facilities which must pass or convey flows from the tributary area and any facility which may constitute a dam subject to permit by DEP under 25 Pa. Code Chapter 105.
(c) 
Erosion and sediment control during regulated earth disturbance activities.
(1) 
No Regulated Earth Disturbance activities within the Municipality shall commence until approval by the Municipality of an Erosion and Sediment Control Plan for construction, maintenance or other excavation activities.
(2) 
DEP has regulations that require an Erosion and Sediment Control Plan for any earth disturbance activity of 5,000 square feet or more, under 25 Pa. Code § 102.4(b). For disturbances less than 5,000 square feet, the earth disturbance activity shall be governed by the rules and regulations of the City of Erie Bureau of Engineering.
(3) 
In addition, under 25 Pa. Code Chapter 92, a DEP NPDES Construction Activities" permit is required for Regulated Earth Disturbance activities.
(4) 
Evidence of any necessary permit(s) for Regulated Earth Disturbance activities from the appropriate DEP regional office or County Conservation District must be provided to the Municipality. The issuance of an NPDES Construction Permit (or permit coverage under the statewide General Permit (PAG-2) satisfies the requirements Subsection (c)(1).
(5) 
A copy of the Erosion and Sediment Control plan and any required permit, as required by DEP regulations, shall be available at the project site at all times.
(d) 
Water quality requirements after regulated earth disturbance activities are complete.
(1) 
No Regulated Earth Disturbance activities within the Municipality shall commence until approval by the Municipality of a plan which demonstrates compliance with State Water Quality Requirements after construction is complete.
(2) 
The BMPs must be designed, implemented and maintained to meet State Water Quality Requirements, and any other more stringent requirements as determined by the Municipality.
(3) 
To control post-construction stormwater impacts from Regulated Earth Disturbance activities, State Water Quality Requirements can be met by BMPs, including site design, which provide for replication of pre-construction stormwater infiltration and runoff conditions, so that post construction stormwater discharges do not degrade the physical, chemical or biological characteristics of the receiving waters. As described in the DEP Comprehensive Stormwater Management Policy (#392-0300-002, September 28, 2002), this may be achieved by the following:
A. 
Infiltration: replication of pre-construction stormwater infiltration conditions;
B. 
Treatment: use of water quality treatment BMP's to ensure filtering out of the chemical and physical pollutants from the stormwater runoff; and
C. 
Streambank and Streambed Protection: Management of volume and rate of postconstruction stormwater discharges to prevent physical degradation of receiving; waters (e.g., from scouring).
(4) 
DEP has regulations that require municipalities to ensure design, implementation and maintenance of Best Management Practices (" BMPs") that control runoff from new development and redevelopment after Regulated Earth Disturbance activities are complete. These requirements include the need to implement post-construction stormwater BMPs with assurance of long-term operations and maintenance of those BMPs.
(5) 
Evidence of any necessary permit(s) for Regulated Earth Disturbance activities from the appropriate DEP regional office must be provided to the Municipality. The issuance of an NPDES Construction Permit (or permit coverage under the statewide General Permit (PAG-2)) satisfies the requirements of Subsection 304.A.
(6) 
BMP operations and maintenance requirements are described in Article IV of this article.
[Ord. 20-2004, passed 3-10-2004]
(a) 
General requirements.
(1) 
No Regulated Earth Disturbance activities within the Municipality shall commence until approval by the Municipality of BMP Operations and Maintenance plan which describes how the permanent (e.g., post-construction) stormwater BMPs will be properly operated and maintained.
(2) 
The following items shall be included in the BMP Operations and Maintenance Plan:
A. 
Map(s) of the project area, in a form that meets the requirements for recording at the offices of the Recorder of Deeds of Erie County, and shall be submitted on twenty-four-inch by thirty-six-inch or thirty-inch by forty-two-inch sheets. The contents of the map(s) shall include, but not be limited to:
1. 
Clear identification of the location and nature of permanent stormwater BMPs,
2. 
The location of the project site relative to highways, municipal boundaries or other identifiable landmarks,
3. 
Existing and final contours at intervals of two feet, or others as appropriate,
4. 
Existing streams, lakes, ponds, or other bodies of water within the project site area,
5. 
Other physical features including flood hazard boundaries, sinkholes, streams, existing drainage courses, and areas of natural vegetation to be preserved,
6. 
The locations of all existing and proposed utilities, sanitary sewers, storm sewers and waterlines within 50 feet of property lines of the project site,
7. 
Proposed final changes to the land surface and vegetative cover, including the type and amount of impervious area that would be added,
8. 
Proposed final structures, roads, paved areas, and buildings, and
9. 
A fifteen-foot wide access easement around all stormwater BMPs that would provide ingress to and egress from a public right-of-way.
B. 
A description of how each permanent stormwater BMP will be operated and maintained, and the identity of the person(s) responsible for operations and maintenance,
C. 
The name of the project site, the name and address of the owner of the property, and the name of the individual or firm preparing the Plan, and
D. 
A statement, signed by the landowner, acknowledging that the stormwater BMPs are fixtures that can be altered or removed only after approval by the Municipality.
(b) 
Responsibilities for operations and maintenance of BMPs.
(1) 
The BMP Operations and Maintenance Plan for the project site shall establish responsibilities for the continuing operation and maintenance of all permanent stormwater BMPs, as follows:
A. 
If a Plan includes structures or lots which are to be separately owned and in which streets, sewers and other public improvements are to be dedicated to the Municipality, stormwater BMPs may also be dedicated to and maintained by the Municipality at the option of the municipality;
B. 
If a Plan includes operations and maintenance by a single ownership, or if sewers and other public improvements are to be privately owned and maintained, then the operation and maintenance of stormwater BMPs shall be the responsibility of the owner or private management entity.
(2) 
The Municipality shall make the final determination on the continuing operations and maintenance responsibilities. The Municipality reserves the right to accept or reject the operations and maintenance responsibility for any or all of the stormwater BMPs.
(c) 
Municipality review of BMP operations and maintenance plan.
(1) 
The Municipality shall review the BMP Operations and Maintenance Plan for consistency with the purposes and requirements of this article, and any permits issued by DEP.
(2) 
The Municipality shall notify the Applicant in writing whether the BMP Operations and Maintenance Plan is approved.
(3) 
The Municipality shall require an "As-Built Survey" of all stormwater BMPs, and an explanation of any discrepancies with the Operations and Maintenance Plan.
(d) 
Adherence to approved BMP Operations and Maintenance Plan. It shall be unlawful to alter or remove any permanent stormwater BMP required by an approved BMP Operations and Maintenance Plan, or to allow the property to remain in a condition which does not conform to an approved BMP Operations and Maintenance Plan, unless an exception is granted in writing by the Municipality.
(e) 
Operations and maintenance agreement for privately owned stormwater BMPs.
(1) 
The property owner shall sign an operations and maintenance agreement with the Municipality covering all stormwater BMPs that are to be privately owned. The agreement shall be substantially the same as the agreement Appendix B of this article.
(2) 
Other items may be included in the agreement where determined necessary to guarantee the satisfactory operation and maintenance of all permanent stormwater BMPs. The agreement shall be subject to the review and approval of the Municipality.
(f) 
Stormwater management easements.
(1) 
Stormwater management easements are required for all areas used for off site stormwater control, unless a waiver is granted by the Municipal Engineer.
(2) 
Stormwater management easements shall be provided by the property owner if necessary for (1) access for inspections and maintenance, or (2) preservation of stormwater runoff conveyance, infiltration, and detention areas and other BMPs, by persons other than the property owner. The purpose of the easement shall be specified in any agreement under Subsection (e).
(g) 
Recording of approved BMP Operations and Maintenance Plan and related agreements.
(1) 
The owner of any land upon which permanent BMPs will be placed, constructed or implemented, as described in the BMP Operations and Maintenance Plan, shall record the following documents in the Office of the Recorder of Deeds for Erie County, within 15 days of approval of the BMP Operations Plan by the Municipality:
A. 
The Operations and Maintenance Plan, or a summary thereof
B. 
Operations and Maintenance Agreements under Section 405, and
C. 
Easements under Subsection (f).
(2) 
The Municipality may suspend or revoke any approvals granted for the project site upon discovery of the failure of the owner to comply with this section.
(h) 
Municipal Stormwater BMP Operation and Maintenance Fund.
(1) 
If stormwater BMPs are accepted by the municipality for dedication, the Municipality shall require persons installing stormwater BMPs to pay a specified amount to the Municipal Stormwater BMP Operation and Maintenance Fund, to help defray costs of operations and maintenance activities. The amount may be determined as follows:
A. 
If the BMP is to be owned and maintained by the Municipality, the amount shall cover the estimated costs for operations and maintenance for 10 years, as determined by the Municipality.
B. 
The amount shall then be converted to present worth of the annual series values.
(2) 
If a BMP is proposed that also serves as a recreation facility (e.g. ball field, lake), the Municipality may adjust the amount due accordingly.
[Ord. 20-2004, passed 3-10-2004]
(a) 
Inspections.
(1) 
DEP or its designees (e.g., County Conservation Districts) normally ensure compliance with any permits issued, including those for stormwater management. In addition to DEP compliance programs, the Municipality or its designee may inspect all phases of the construction, operations, maintenance and any other implementation of stormwater BMPs.
(2) 
During any stage of the Regulated Earth Disturbance activities, if the Municipality or its designee determines that any BMPs are not being implemented in accordance with this article, the Municipality may suspend or revoke any existing permits or other approvals until the deficiencies are corrected.
(b) 
Right of entry.
(1) 
Upon presentation of proper credentials, duly authorized representatives of the Municipality may enter at reasonable times upon any property within the Municipality to inspect the implementation, condition, or operation and maintenance of the stormwater BMPs in regard to any aspect governed by this article.
(2) 
BMP owners and operators shall allow persons working on behalf of the Municipality ready access to all parts of the premises for the purposes of determining compliance with this article.
(3) 
Persons working on behalf of the Municipality shall have the right to temporarily locate on any BMP in the Municipality such devices as are necessary to conduct monitoring and/or sampling of the discharges from such BMP.
(4) 
Unreasonable delays in allowing the Municipality access to a BMP is a violation of this article.
[Ord. 20-2004, passed 3-10-2004]
(a) 
General. The Municipality may charge a reasonable fee for review of BMP Operations and Maintenance Plans to defray review costs incurred by the Municipality. The Applicant shall pay all such fees.
(b) 
Expenses covered by fees. The fees required by this article may cover:
(1) 
Administrative/clerical Costs.
(2) 
The review of the BMP Operations and Maintenance Plan by the Municipal Engineer.
(3) 
The site inspections including, but not limited to, pre-construction meetings, inspections during construction of stormwater BMPs, and final inspection upon completion of the stormwater BMPs.
(4) 
Any additional work required to monitor and enforce any provisions of this article, correct violations, and assure proper completion of stipulated remedial actions.
[Ord. 20-2004, passed 3-10-2004]
(a) 
Prohibited discharges.
(1) 
No person in the Municipality shall allow, or cause to allow, stormwater discharges into the Municipality's separate storm sewer system which are not composed entirely of stormwater, except as provided in Subsection (a)(2) below, and discharges allowed under a state or federal permit.
(2) 
Discharges which may be allowed, based on a finding by the Municipality that the discharge(s) do not significantly contribute to pollution to surface waters of the Commonwealth, are:
A. 
Discharges from fire fighting activities.
B. 
Potable water sources including dechlorinated water line 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. 
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 Municipality determines that any of the discharges identified in Subsection (a)(2) significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the Municipality will notify the responsible person to cease the discharge.
(4) 
Upon notice provided by the Municipality under Subsection (a)(3), the discharger will have a reasonable time, as determined by the Municipality, 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 law.
(b) 
Prohibited connections. The following connections are prohibited, except as provided in Subsection (a)(2) above:
(1) 
Any drain or conveyance, whether on the surface or subsurface, which allows any non-storm water discharge including sewage, process wastewater, and wash water, to enter the separate storm sewer system, and any connections to the storm drain system from indoor drains and sinks; and
(2) 
Any drain or conveyance connected from a commercial or industrial land use to the separate storm sewer system which has not been documented in plans, maps, or equivalent records, and approved by the Municipality.
(c) 
Roof drains.
(1) 
Roof drains shall not be connected to streets, sanitary or storm sewers or roadside ditches, except as provided in Subsection (c)(2).
(2) 
The City Engineer is authorized to permit or to require connections of roof drains to streets, storm sewers or roadside ditches if in his opinion such connection is necessary to prevent detrimental impact to the property, health, or safety of the owners and occupants of the property involved or of the general public.
(3) 
Roof drains shall discharge to infiltration areas or vegetative BMPs to the maximum extent practicable.
(d) 
Alteration of BMPs.
(1) 
No person shall modify, remove, fill, landscape or alter any existing stormwater BMP, unless it is part of an approved maintenance program, without the written approval of the Municipality.
(2) 
No person shall place any structure, fill, landscaping or vegetation into a stormwater BMP or within a drainage easement, which would limit or alter the functioning of the BMP, without the written approval of the Municipality.
[Ord. 20-2004, passed 3-10-2004]
(a) 
Public nuisance.
(1) 
The violation of any provision of this article is hereby deemed a Public Nuisance.
(2) 
Each day that a violation continues shall constitute a separate violation.
(b) 
Enforcement generally.
(1) 
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 to the responsible person. Such notice may require without limitation:
A. 
The performance of monitoring, analyses, 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 storm water pollution or contamination hazards and the restoration of any affected property;
E. 
Payment of a fine to cover administrative and remediation costs;
F. 
The implementation of stormwater BMPs; and
G. 
Operation and maintenance of stormwater BMPs.
(2) 
Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violations(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 Municipality or 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 article. All such penalties shall be deemed cumulative and shall not prevent the Municipality from pursuing any and all other remedies available in law or equity.
(c) 
Suspension and revocation of permits and approvals.
(1) 
Any building, land development or other permit or approval issued by the Municipality may be suspended or revoked by the Municipality for:
A. 
Non-compliance with or failure to implement any provision of the permit;
B. 
A violation of any provision of this article; or
C. 
The creation of any condition or the commission of any act during construction or development which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
(2) 
A suspended permit or approval shall be reinstated by the Municipality when:
A. 
The Municipal Engineer or designee has inspected and approved the corrections to the stormwater BMPs, or the elimination of the hazard or nuisance, and/or;
B. 
The Municipality is satisfied that the violation of this article, law, or rule and regulation has been corrected.
(3) 
A permit or approval which has been revoked by the Municipality cannot be reinstated. The applicant may apply for a new permit under the procedures outlined in this article.
[Ord. 20-2004, passed 3-10-2004]
(a) 
Any person 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, or imprisonment of not more than 90 days, or both. Each day the violation continues shall be a separate offense.
(b) 
In addition, the Municipality, through its solicitor, may institute injunctive, mandamus or any other appropriate action or proceeding at law or in equity for the enforcement of this article.
[Ord. 20-2004, passed 3-10-2004]
Any person aggrieved by any action of the Municipality or its designee, relevant to the provisions of this article, may appeal to the relevant judicial or administrative body according to law, within the time period involved.