[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:
(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.
(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).
(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.
[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:
(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:
(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]
(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:
(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.
