This chapter shall be known and may be cited as the "Irwin Stormwater
Management Code."
Council of the Borough of Irwin 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, causes property damage
and risk to public safety, and greatly increases the cost to the public
to manage stormwater.
B. Inadequate planning and management of accelerated 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 streambeds 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. The Borough is located entirely within the Turtle Creek Watershed
and as such will endeavor to cooperate with other municipalities located
in the watershed to address issues of stormwater management, water
quality, pollution and flooding.
D. Nonstormwater discharges to municipal separate storm sewer systems
can contribute to pollution of waters of the commonwealth in the Borough.
E. 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.
F. Public education on the control of pollution of stormwater is an
essential component in successfully managing stormwater.
G. A comprehensive 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 Borough and all the people
of the commonwealth, their resources, and the environment.
H. The use of open space conservation, green infrastructure, low-impact
development (LID), and riparian buffers are intended to address the
root cause of water quality impairment by using systems and practices
which use or mimic natural processes to:
(3) Harvest and use precipitation near where it falls to earth. Green
infrastructure practices, LID, and riparian buffers contribute to
the restoration or maintenance of predevelopment hydrology.
I. Stormwater structures are considered vital infrastructure and can
pose a significant hazard. Outlets and waterways which carry stormwater
shall be maintained free of obstructions to allow for nonrestricted
flow of stormwater to avoid impoundment of water.
J. Occupancy and modification of floodplains shall be avoided wherever
there is a practicable alternative to reduce long- and short-term
adverse impacts in order to reduce the risk of flood loss, minimize
the impact of floods on human safety, health and welfare, and to restore
and preserve the natural and beneficial values served by floodplains.
K. 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 municipal
separate storm sewer systems (MS4) under the National Pollutant Discharge
Elimination System (NPDES). The Borough is subject to MS4 requirements.
L. The Westmoreland Conservation District (WCD) is a recognized regulatory
agency with authority in the county and the Borough to regulate erosion
and sediment controls and stormwater management related to land development
activities. Because WCD's authority crosses municipal boundaries
they are enabled to oversee environmental issues for the general benefit
of all county residents.
M. The current edition of the Westmoreland County Integrated Water Resources
Plan addresses all water resources and provides a decisionmaking tool
for development and redevelopment with respect to those resources
including stormwater and its management. Refer to www.paiwrp.com and
www.westmorelandstormwater.org.
N. This chapter of the Irwin Code is based on the PADEP 2022 Model Stormwater
Management Ordinance (5/2016), and was created as part of the Westmoreland
County Integrated Water Resources Plan 2020. Its creation was guided
by the Watershed Planning Advisory Committee, the Westmoreland Conservation
District, the Westmoreland County Department of Planning and Development;
approved by the PA DEP February 4, 2020; and formally adopted by the
Westmoreland County Commissioners by resolution June 4, 2020.
O. The Pennsylvania Storm Water Management Act (Act 167 of 1978) requires municipalities to "adopt or amend, and shall
implement such ordinances and regulations, including zoning, subdivision
and development, building code, and erosion and sedimentation ordinances,
as are necessary to regulate development within the municipality in
a manner consistent with the applicable watershed stormwater plan
and the provisions of this act."
P. Federal regulations at 40 CFR 122.34 require the use of ordinances
by small MS4s to address 1) the prohibition of unauthorized nonstormwater
discharges (MCM No. 3); 2) erosion and sediment controls for construction
activities involving earth disturbances of one acre or more (or disturbances
less than one acre if the construction activity is part of a larger
common plan of development or sale that would disturb one acre or
more) (MCM No. 4); and 3) post-construction stormwater management
for new development and redevelopment projects (MCM No. 5). DEP expects
that MS4 municipalities will update existing ordinances to comply
with the requirements of the MS4 program or, at a minimum, enact the
DEP 2022 model ordinance by September 30, 2022.
Q. DEP is directed under Act 167 to develop a model stormwater ordinance.
DEP's intention in publishing the 2022 Model Stormwater Management
Ordinance is that its use will satisfy both Act 167 requirements and
MS4 regulatory requirements.
The purpose of this chapter is to promote health, safety, and
welfare within the Borough and its watersheds by minimizing the harms
and maximizing the benefits described in this section of this chapter,
through provisions designed to:
A. Manage stormwater runoff impacts at their source by regulating activities
that cause the problems, reducing runoff volumes and mimicking natural
hydrology.
B. Maintain existing flows and quality of streams and watercourses.
C. Prevent scour and erosion of stream banks and streambeds.
D. Utilize and preserve the existing natural drainage systems as much
as possible.
E. Restore and preserve the natural and beneficial values served by
streamside and water body floodplains.
F. Focus on infiltration of stormwater, to maintain groundwater recharge,
to prevent degradation of surface water and groundwater quality and
to otherwise protect water resources.
G. Promote stormwater runoff prevention and emphasize infiltration and
evapotranspiration through the protection and conservation of natural
resource systems and the use of nonstructural BMPs and other creative
methods of improving water quality and managing stormwater runoff.
H. Promote the use of green infrastructure in development and redevelopment
where it can also improve stormwater management within the broader
watershed in which the project is located.
I. 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.
J. Provide review procedures and performance standards for stormwater
planning and management.
K. Provide for proper operations and maintenance of all permanent stormwater
management BMPs that are implemented in the Borough.
L. Provide a mechanism to identify controls necessary to meet the NPDES
and MS4 permit requirements where applicable, and to encourage infrastructure
improvements that lead to separation of storm sewer systems from sanitary
sewer systems.
M. Assist in detecting and eliminating illicit stormwater discharges
into Irwin Borough's separate storm sewer system.
The Borough is empowered to regulate activities that affect
stormwater runoff by the authority of the Storm Water Management Act
of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1
et seq., as amended, and the Borough Code, 8 Pa.C.S.A. § 101
et seq., as amended.
Any other Code provision(s) or regulation of the Borough inconsistent
with any of the provisions of this is hereby repealed to the extent
of the inconsistency only.
If any word, phrase, section, sentence, clause or part of this
chapter is for any reason found to be unconstitutional, illegal or
invalid, such unconstitutionality, invalidity or illegality by a court
of competent jurisdiction shall not affect or impair any of the remaining
words, phrases, sections, sentences, clauses or parts of this chapter.
It is hereby declared to be the intent of the Council of the Borough
of Irwin that this chapter would have been adopted had such unconstitutional,
illegal or invalid word, phrase, section, sentence, clause or part
thereof not been included herein.
Any permit or authorization issued or approved based on false,
misleading or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Borough purporting to validate such a violation.
Prohibitions shall be consistent with PAG-13 NPDES General Permit
for stormwater discharges from MS4 communities and as listed here.
A. Prohibited discharges.
(1) No person in the Borough shall introduce, permit or allow, or cause
to introduce, permit or allow, stormwater discharges into the Borough
separate storm sewer system which are not composed entirely of stormwater,
except as permitted by this chapter, or:
(a)
As provided in Subsection
A(2) below; or
(b)
Discharges as authorized under a state or federal permit.
(2) Permissible discharges, based on a finding by the Borough that the
discharge(s) do not significantly contribute to pollution to surface
waters of the commonwealth, are recommended to be discharged safely
to a vegetated area or infiltration BMP, but can also be discharged
to a storm sewer system, include but are not limited to:
(a)
Discharges from firefighting activities.
(b)
Potable water sources including dechlorinated water line and
fire hydrant flushing.
(c)
Noncontaminated irrigation drainage from agricultural practices.
(d)
Routine external building washdown (which does not use detergents
or other compounds).
(e)
Noncontaminated air-conditioning condensate.
(f)
Water from individual residential car, boat or other residential
vehicle washing that does not use detergents or other compounds.
(h)
Noncontaminated water from basement or crawl space sump pumps.
(i)
Noncontaminated water from foundation or from footing drains.
(j)
Flows from riparian habitats and wetlands.
(l)
Pavement wash water 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)
Splash pad (recreational spray patio with no standing water)
discharges.
(n)
Noncontaminated groundwater.
(o)
Dechlorinated swimming pool water.
(3) In the event that the Borough determines that any of the discharges identified in Subsection
A(2) above significantly contributes to pollution of waters of the commonwealth, or is so notified by DEP, the Borough will notify the landowner and/or the responsible person to cease the discharge.
(4) Upon notice provided by the Borough under Subsection
A(3) above, the discharger will have a period of time, as determined by the Borough, to cease the discharge consistent with the degree of pollution caused by the discharge. The period of time provided to correct the discharge shall be based upon the level, intensity, quantity, and contents of the pollution.
(5) Nothing in this section shall affect, limit or alleviate a discharger's
responsibilities under state or federal law.
B. Prohibited connections. The following sources, activities or connections are prohibited, except as provided in Subsection
A(1) and
(2), above:
(1) Any drain or conveyance, whether on the surface or subsurface, which
allows any nonstormwater discharge, including, but not limited to,
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.
(2) Any drain or conveyance connected from a commercial, industrial or
other nonresidential land use to the separate storm sewer system which
has not been documented in plans, maps, or equivalent records, and
approved by the Borough.
(3) Drains carrying stormwater or groundwater shall not be connected
to or discharge to any public or private sanitary sewer system or
facility.
C. Prohibited activities:
(1) A landowner may not alter the natural flow of surface water on their
property by concentrating it in an artificial channel and discharging
it upon lower land of his neighbor even though no more water is thereby
collected than would naturally have flowed upon the neighbor's
land in a diffused (shallow broad path or sheet flow) condition.
(2) A landowner may not alter any BMPs, facilities or structures that
were installed under this or previous versions of this chapter without
written approval of the Borough.
D. Roof drains and sump pumps. Roof drains and sump pumps shall discharge
to infiltration or vegetative BMPs wherever feasible.