This Part 1 shall be known and may be cited as the "MS4 Operations
and Maintenance Ordinance."
The governing body of the City of Monessen (City) finds that:
A. Inadequate maintenance of stormwater facilities contributes to erosion
and sedimentation, overtaxes the carrying capacity of streams and
storm sewers, increases the cost of public facilities to carry and
control stormwater, undermines floodplain management and flood control
efforts in downstream communities, reduces groundwater recharge, threatens
public health and safety, and increases pollution of water resources.
B. Reasonable regulation of connections and discharges to municipal
separate storm sewer systems is fundamental to the public health,
safety, and welfare and the protection of people of the commonwealth,
their resources, and the environment.
C. Reasonable regulation of connections and discharges to the waters
of the Commonwealth of Pennsylvania (commonwealth) is fundamental
to the public health, safety, and welfare and the protection of people
of the commonwealth, their resources, and the environment.
D. Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
E. Federal and state regulations require certain municipalities to obtain
a permit for stormwater discharges from their separate storm sewer
systems under the National Pollutant Discharge Elimination System
(NPDES). Permittees are required to enact, implement, and enforce
a prohibition of nonstormwater discharges to the permittee's regulated
small municipal separate storm sewer systems (MS4s) and/or to the
waters of the commonwealth.
The purpose of this Part
1 is to promote health, safety, and welfare within the City and its watershed by minimizing the harms and maximizing the benefits described in §
271-2 of this Part
1, through provisions designed to:
A. Provide standards to meet NPDES permit requirements.
B. Meet legal water quality requirements under state law, including
regulations at 25 Pa. Code 93 to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of this commonwealth.
C. Preserve the natural drainage systems as much as possible.
D. Maintain groundwater recharge to prevent degradation of surface and
groundwater quality and to otherwise protect water resources.
E. Prevent scour and erosion of stream banks and streambeds.
F. Provide proper operation and maintenance of all facilities and all
SWM BMPs that are implemented within the municipality.
The City also is empowered to regulate land use activities that
affect runoff by the authority of the Act of July 31, 1968, P.L. 805,
No. 247, the Pennsylvania Municipalities Planning Code, as amended.
All activities related to proper operation and maintenance of
approved stormwater management BMPs and all activities that may contribute
nonstormwater discharges to a regulated small MS4 and/or to the waters
of the commonwealth are subject to regulation by this Part 1.
Any other ordinance provision(s) or regulation of the City inconsistent
with any of the provisions of this Part 1 is hereby repealed to the
extent of the inconsistency only.
The provisions of this Part 1 are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this Part 1 shall
be held invalid, such invalidity shall not affect the other provisions.
Actions taken under this Part 1 do not affect any responsibility,
permit or approval for any activity regulated by any other code, law,
regulation, or ordinance.