[Ord. No. 704, 4/10/2018]
1.
The purpose of this Part is to provide for the health, safety, and
general welfare of the citizens of West Homestead Borough through
the regulation of nonstormwater discharges to the storm drainage system
to the maximum extent practicable as required by federal and state
law. This Part establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this
Part are:
A.
To regulate the contribution of pollutants to the MS4 by stormwater
discharges by any user.
B.
To prohibit illicit connections and discharges to the MS4.
C.
To establish legal authority to carry out all inspection, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this Part.
[Ord. No. 704, 4/10/2018]
1.
AUTHORIZED ENFORCEMENT AGENCY
BEST MANAGEMENT PRACTICES (BMPs)
CLEAN WATER ACT
CONSTRUCTION ACTIVITY
HAZARDOUS MATERIALS
ILLEGAL DISCHARGE
ILLICIT CONNECTIONS
A.
B.
INDUSTRIAL ACTIVITY
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER
DISCHARGE PERMIT
NONSTORMWATER DISCHARGE
PERSON
POLLUTANT
PREMISES
STORM DRAINAGE SYSTEM
STORMWATER
STORMWATER MANAGEMENT PLAN
WASTEWATER
For the purposes of this Part, the following shall mean:
Employees or designees of the director of the municipal agency
designated to enforce this Part.
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. These include
construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in § 18-408 of this Part.
An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface,
that allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances that 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 that has not been documented in
plans, maps, or equivalent records and approved by an authorized enforcement
agency.
Activities subject to NPDES industrial stormwater permits
as defined in 40 CFR 122.26(b)(14).
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
West Homestead Borough and designed or used for collecting or conveying
stormwater, and that is not used for collecting or conveying sewage.
A permit issued by the EPA [or by a state under authority
delegated pursuant to 33 USC § 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, ordinances, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides,
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
[Ord. No. 704, 4/10/2018]
This Part shall apply to all water entering the storm drain
system generated on any developed and undeveloped lands unless explicitly
exempted by West Homestead Borough.
[Ord. No. 704, 4/10/2018]
West Homestead Borough shall administer, implement, and enforce
the provisions of this Part. Any powers granted or duties imposed
upon the Borough may be delegated in writing by the Mayor of West
Homestead to persons or entities acting in the beneficial interest
of or in the employ of the agency.
[Ord. No. 704, 4/10/2018]
This Part is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
Part are in addition to the requirements of any other ordinance, rule,
regulation, or other provision of law, and where any provision of
this Part imposes restrictions different from those imposed by any
other ordinance, rule, regulation, or other provision of law, whichever
provision is more restrictive or imposes higher protective standards
for human health or the environment shall control.
[Ord. No. 704, 4/10/2018]
The provisions of this Part are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Part 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 Part.
[Ord. No. 704, 4/10/2018]
The standards set forth herein and promulgated pursuant to this
Part are minimum standards; therefore this Part does not intend or
imply that compliance by any person will ensure that there will be
no contamination, pollution, or unauthorized discharge of pollutants.
[Ord. No. 704, 4/10/2018]
1.
Prohibition of Illegal Discharges.
A.
No person shall throw, drain, or otherwise discharge, cause, or allow
others under its control to throw, drain, or otherwise discharge into
the MS4 any pollutants or waters containing any pollutants, other
than stormwater. The commencement, conduct or continuance of any illegal
discharge to the storm drain system is prohibited except as described
as follows:
(1)
The following discharges are exempt from discharge prohibitions
established by this Part: water line flushing, landscape irrigation,
diverted stream flows, rising groundwaters, uncontaminated groundwater
infiltration, uncontaminated pumped groundwater, discharges from potable
water sources, foundation drains, air-conditioning condensation, irrigation
water, springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges, and
street wash water.
(2)
Discharges or flow from firefighting, and other discharges specified
in writing by the Borough as being necessary to protect public health
and safety.
(3)
Discharges associated with dye testing; however, this activity
requires a verbal notification to West Homestead Borough prior to
the time of the test.
(4)
The prohibition shall not apply to any nonstormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), 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.
The local government may evaluate and remove any of the above exemptions
if it is determined that they are causing an adverse impact.
2.
Prohibition of Illicit Connections.
A.
The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
B.
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.
C.
A person is considered to be in violation of this Part if the person
connects a line conveying sewage to the MS4, or allows such a connection
to continue.
D.
Improper connections in violation of this Part must be disconnected
and redirected, if necessary, to an approved on-site wastewater management
system or the sanitary sewer system upon approval of the Borough.
E.
Any drain or conveyance that has not been documented in plans, maps
or equivalent, and which may be connected to the storm sewer system,
shall be located by the owner or occupant of that property upon receipt
of written notice of violation from the Borough requiring that such
locating be completed. Such notice will specify a reasonable time
period within which the location of the drain or conveyance is to
be determined, that the drain or conveyance be identified as storm
sewer, sanitary sewer or other, and that the outfall location or point
of connection to the storm sewer system, sanitary sewer system or
other discharge point be identified. Results of these investigations
are to be documented and provided to the Borough.
[Ord. No. 704, 4/10/2018]
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.
[Ord. No. 704, 4/10/2018]
1.
Submission of NOI to Borough.
A.
Any person subject to an industrial or construction activity NPDES
stormwater discharge permit shall comply with all provisions of such
permit. Proof of compliance with said permit may be required in a
form acceptable to the Borough prior to the allowing of discharges
to the MS4.
B.
The operator of a facility, including construction sites, required
to have an NPDES permit to discharge stormwater associated with industrial
activity shall submit a copy of the notice of intent (NOI) to the
Borough at the same time the operator submits the original notice
of intent to the EPA as applicable.
C.
The copy of the notice of intent may be delivered to the Borough
either in person or by mailing it to:
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Notice of Intent to Discharge Stormwater
|
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West Homestead Borough
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456 West 8th Avenue
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West Homestead, PA 15120
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D.
A person commits an offense if the person operates a facility that
is discharging stormwater associated with industrial activity without
having submitted a copy of the notice of intent to do so to the Borough.
[Ord. No. 704, 4/10/2018]
1.
Right of entry: Inspection and sampling. West Homestead Borough shall
be permitted to enter and inspect facilities subject to regulation
under this Part as often as may be necessary to determine compliance
with this Part.
A.
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 Borough.
B.
Facility operators shall allow the Borough ready access to all parts
of the premises for the purposes of inspection, sampling, examination
and copying of records that must be kept under the conditions of an
NPDES permit to discharge stormwater, and the performance of any additional
duties as defined by state and federal law.
C.
The Borough shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the Borough to conduct
monitoring and/or sampling of the facility's stormwater discharge.
D.
The Borough 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.
E.
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 Borough and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
F.
Unreasonable delays in allowing the Borough access to a permitted
facility is a violation of a stormwater discharge permit and of this
Part. A person who is the operator of a facility with an NPDES permit
to discharge stormwater associated with industrial activity commits
an offense if the person denies the Borough reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this Part.
2.
Search warrants. If West Homestead Borough has been refused access
to any part of the premises from which stormwater is discharged, and
he/she is able to demonstrate probable cause to believe that there
may be a violation of this Part, 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 Part or any order issued hereunder,
or to protect the overall public health, safety, and welfare of the
community, then the Borough may seek issuance of a search warrant
from any court of competent jurisdiction.
[Ord. No. 704, 4/10/2018]
West Homestead Borough 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. The owner
or operator of such activity, operation, or facility shall provide,
at their own expense, reasonable protection from accidental discharge
of prohibited materials or other wastes into the municipal storm drain
system or watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises that
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 MS4. 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
management plan (SWMP) as necessary for compliance with requirements
of the NPDES permit.
[Ord. No. 704, 4/10/2018]
1.
Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known
or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters 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
West Homestead Borough 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 Borough
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.
2.
Failure to provide notification of a release as provided above is
a violation of this Part.
[Ord. No. 704, 4/10/2018]
1.
Violations.
A.
It shall be unlawful for any person to violate any provision or fail
to comply with any of the requirements of this Part. Any person who
has violated or continues to violate the provisions of this Part may
be subject to the enforcement actions outlined in this section or
may be restrained by injunction or otherwise abated in a manner provided
by law.
B.
In the event the violation constitutes an immediate danger to public health or public safety, West Homestead Borough is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Borough is authorized to seek costs of the abatement as outlined in § 18-417.
2.
Warning Notice. When West Homestead Borough finds that any person
has violated, or continues to violate, any provision of this Part,
or any order issued hereunder, the Borough may serve upon that person
a written warning notice, specifying the particular violation believed
to have occurred and requesting the discharger to immediately investigate
the matter and to seek a resolution whereby any offending discharge
will cease. Investigation and/or resolution of the matter in response
to the warning notice in no way relieves the alleged violator of liability
for any violations occurring before or after receipt of the warning
notice. Nothing in this subsection shall limit the authority of the
Borough to take any action, including emergency action or any other
enforcement action, without first issuing a warning notice.
3.
Notice of Violation.
A.
Whenever West Homestead Borough finds that a person has violated
a prohibition or failed to meet a requirement of this Part, the Borough
may order compliance by written notice of violation to the responsible
person.
B.
The notice of violation shall contain:
(1)
The name and address of the alleged violator;
(2)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring, or has occurred;
(3)
A statement specifying the nature of the violation;
(4)
A description of the remedial measures necessary to restore
compliance with this Part and a time schedule for the completion of
such remedial action;
(5)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(6)
A statement that the determination of violation may be appealed
to West Homestead Borough by filing a written notice of appeal within
30 days of service of notice of violation; and
(7)
A statement specifying that, should the violator fail to restore
compliance within the established time schedule, the work will be
done by a designated governmental agency or a contractor and the expense
thereof shall be charged to the violator.
C.
Such notice may require without limitation:
(1)
The performance of monitoring, analyses, and reporting;
(2)
The elimination of illicit connections or discharges;
(3)
That violating discharges, practices, or operations shall cease
and desist;
(4)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(5)
Payment of a fine to cover administrative and remediation costs;
and
(6)
The implementation of source control or treatment BMPs.
4.
Compensatory Action. In lieu of enforcement proceedings, penalties,
and remedies authorized by this Part, West Homestead Borough may impose
upon a violator alternative compensatory actions, such as storm drain
stenciling, attendance at compliance workshops, creek cleanup, etc.
5.
Suspension of MS4 Access.
A.
Emergency Cease-and-Desist Orders.
(1)
When West Homestead Borough finds that any person has violated,
or continues to violate, any provision of this Part, or any order
issued hereunder, or that the person's past violations are likely
to recur, and that the person's violation(s) has (have) caused or
contributed to an actual or threatened discharge to the MS4 or waters
of the United States which reasonably appears to present an imminent
or substantial endangerment to the health or welfare of persons or
to the environment, the Borough may issue an order to the violator
directing it immediately to cease and desist all such violations and
directing the violator to:
(2)
Any person notified of an emergency order directed to it under
this subsection shall immediately comply and stop or eliminate its
endangering discharge. In the event of a discharger's failure to immediately
comply voluntarily with the emergency order, the Borough may take
such steps as deemed necessary to prevent or minimize harm to the
MS4 or waters of the United States, and/or endangerment to persons
or to the environment, including immediate termination of a facility's
water supply, sewer connection, or other municipal utility services.
The Borough may allow the person to recommence its discharge when
it has demonstrated to the satisfaction of the Borough that the period
of endangerment has passed, unless further termination proceedings
are initiated against the discharger under this Part. A person that
is responsible, in whole or in part, for any discharge presenting
imminent endangerment shall submit a detailed written statement, describing
the causes of the harmful discharge and the measures taken to prevent
any future occurrence, to the Borough within 15 days of receipt of
the emergency order. Issuance of an emergency cease-and-desist order
shall not be a bar against, or a prerequisite for, taking any other
action against the violator.
B.
Suspension Due to Illicit Discharges in Emergency Situations. West
Homestead Borough may, without prior notice, suspend MS4 discharge
access to a person when such suspension is necessary to stop an actual
or threatened discharge which presents or may present imminent and
substantial danger to the environment, or to the health or welfare
of persons, or to the MS4 or waters of the United States. If the violator
fails to comply with a suspension order issued in an emergency, the
Borough 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.
C.
Suspension Due to Detection of Illicit Discharge. Any person discharging
to the MS4 in violation of this Part may have their MS4 access terminated
if such termination would abate or reduce an illicit discharge. West
Homestead Borough will notify a violator of the proposed termination
of its MS4 access. The violator may petition the Borough for a reconsideration
and hearing. A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the Borough.
6.
Civil Penalties. In the event the alleged violator fails to take
the remedial measures set forth in the notice of violation or otherwise
fails to cure the violations described therein within 15 days, or
such greater period as West Homestead Borough shall deem appropriate,
after the Borough has taken one or more of the actions described above,
the Borough may impose a penalty not to exceed $1,000 (depending on
the severity of the violation) for each day the violation remains
unremedied after receipt of the notice of violation.
7.
Criminal Prosecution. Any person that has violated or continues to
violate this Part shall be liable to criminal prosecution to the fullest
extent of the law, and shall be subject to a criminal penalty of $150
per violation per day and/or imprisonment for a period of time not
to exceed 90 days. Each act of violation and each day upon which any
violation shall occur shall constitute a separate offense.
[Ord. No. 704, 4/10/2018]
Any person receiving a notice of violation may appeal the determination
of West Homestead Borough. The notice of appeal must be received within
30 days from the date of the notice of violation. Hearing on the appeal
before the appropriate authority or his/her designee shall take place
within 45 days from the date of receipt of the notice of appeal. The
decision of the municipal authority or their designee shall be final.
[Ord. No. 704, 4/10/2018]
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 decision of the municipal authority upholding
the decision of West Homestead Borough, then representatives of the
Borough 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
government agency or designated contractor to enter upon the premises
for the purposes set forth above.
[Ord. No. 704, 4/10/2018]
Within 15 days after abatement of the violation, the owner of
the property will be notified of the cost of abatement, including
administrative costs. The property owner may file a written protest
objecting to the amount of the assessment within 30 days. If the amount
due is not paid within a timely manner as determined by the decision
of the 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 lien on the property for the amount
of the assessment. Any person violating any of the provisions of this
Part shall become liable to West Homestead Borough by reason of such
violation. The liability shall be paid in full within 30 days unless
other arrangements have been made.
[Ord. No. 704, 4/10/2018]
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 Part is a threat to public health, safety,
and welfare, and is declared and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or a civil action
to abate, enjoin, or otherwise compel the cessation of such nuisance
may be taken.
[Ord. No. 704, 4/10/2018]
1.
The remedies listed in this Part are not exclusive of any other remedies
available under any applicable federal, state or local law, and it
is within the discretion of West Homestead Borough to seek cumulative
remedies.
2.
The Borough may recover all attorney's fees, court costs and other
expenses associated with enforcement of this Part, including sampling
and monitoring expenses.
