The standards set forth herein and promulgated by this article
are minimum standards; therefore, this article does not intend nor
imply that compliance by any person will ensure that there will be
no contamination, pollution, nor unauthorized discharge of pollutants.
A. Any drain or conveyance, whether on the surface or subsurface, that
allows any nonstormwater discharge including sewage, process wastewater,
and wash water to enter a regulated small MS4 or to enter the surface
waters of this commonwealth is prohibited.
B. No person shall allow, or cause to allow, discharges into a regulated small MS4, or discharges into waters of this commonwealth, which are not composed entirely of stormwater, except 1) as provided in Subsection
C below and 2) discharges authorized under a state or federal permit.
C. The following discharges are authorized unless they are determined
to be significant contributors to pollution a regulated small MS4
or to the waters of this commonwealth:
- Discharges from firefighting activities
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- Noncontaminated pumped groundwater and water from foundation
and footing drains and crawl space pumps
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- Potable water sources, including water line flushing and fire
hydrant flushing, if such discharges do not contain detectable concentrations
of Total Residual Chlorine (TRC)
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- Noncontaminated HVAC condensation and water from geothermal
systems
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- Noncontaminated irrigation water from lawn maintenance, landscape
drainage and flows from riparian habitats and wetlands
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- Residential (i.e., not commercial) vehicle wash water where
cleaning agents are not utilized
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- Diverted stream flows and springs
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- Noncontaminated hydrostatic test water discharges, if such
discharges do not contain detectable concentrations of TRC
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(1) Discharges specified in writing by the Township as being necessary
to protect public health and safety.
(2) Dye testing is an allowable discharge but requires a verbal notification
to the Township 48 hours prior to the time of the test.
(3) 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 DEP, provided
that the discharge 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 and/or waters of this commonwealth.
D. In the event that the Township or DEP determines that any of the discharges identified in Subsection
C significantly contribute pollutants to a regulated small MS4 or to the waters of this commonwealth, the Township or DEP will notify the responsible person(s) to cease the discharge.
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs.
No person shall modify, remove, fill, landscape, or alter any
SWM BMPs, facilities areas, or structures that were installed as a
requirement of this chapter without the written approval of the Township.
A. Suspension due to illicit discharges in emergency situations. The
Township 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 this commonwealth. If the violator fails to comply
with a suspension order issued in an emergency, the Township may take
such steps as deemed necessary to prevent or minimize damage to the
MS4 or waters this commonwealth, or to minimize danger to persons
including, without limitation, entering onto property for the purpose
of disconnecting and/or performing emergency maintenance or repairs
to storm sewers. In the event the Township must disconnect or perform
emergency maintenance and/or repairs, the Township may file and attach
a Township lien on the property which is causing the illicit discharge.
B. Suspension due to the detection of illicit discharge or illicit connection.
Any person discharging to the MS4 in violation of this section may
have their MS4 access terminated if such termination would abate or
reduce an illicit discharge or illicit connection. The Township will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the Township for a reconsideration and hearing.
C. A person commits an offense if the person reinstates MS4 access to
premises terminated pursuant to this section, without the prior approval
of the Township.
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 shall be required
in a form acceptable to the Township prior to the allowing of discharges
to the MS4.
A. Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity, including construction
activity.
B. Access to facilities.
(1) The Township shall be permitted to enter and inspect facilities subject
to regulation under this section as often as may be necessary to determine
compliance with this section. 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 Township.
(2) Facility operators shall allow the Township 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.
(3) The Township shall have the right to set up on any permitted facility
such devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4) The Township 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.
(5) 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 Township and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
(6) Unreasonable delays in allowing Township access to a permitted facility
is a violation of a stormwater discharge permit and of this section.
A person who is the operator of a facility with a NPDES permit to
discharge stormwater associated with industrial activity commits an
offense if the person denies the Township reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this section.
(7) If the Township has been refused access to any part of the premises
from which stormwater is discharged, and it is able to demonstrate
probable cause to believe that there may be a violation of this section,
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 section or any order issued hereunder or to protect the overall
public health, safety, and welfare of the community, then the Township
may seek issuance of a search warrant from any court of competent
jurisdiction.
The Township 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 this commonwealth. The owner or operator
of a commercial or industrial establishment shall provide, at their
own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the Township storm drain system or
watercourses through the use of these structural and nonstructural
BMPs. Further, any person responsible for a property or premises,
which 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 Township separate storm sewer system. 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 pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
A. 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.
B. 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.
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 illicit discharges or pollutants discharging into stormwater, the
storm drain system, or water of this commonwealth 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
the Township 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 Township 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.
A. Notice of violation. Whenever the Township finds that a person has
violated a prohibition or failed to meet a requirement of this section,
the Township may order compliance by written notice of violation to
the responsible person. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting.
(2) The elimination of illicit connections or illicit 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.
(6) The implementation of source control or treatment BMPs.
B. If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within
the established deadline, the work will be done by a designated governmental
agency or a contractor, and the expense thereof shall be charged to
the violator or assessed as a Township lien on the property.
Any person receiving a notice of violation may appeal the determination
of the Township. The notice of appeal must be received within 30 days
from the date of the notice of violation. Hearing on the appeal before
a designated hearing representative of the Township shall take place
within 45 days from the date of receipt of the notice of appeal. The
decision of the Township or their designee shall be final.
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 hearing representative's decision upholding
the decision of the Township, then representatives of the Township
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
Township or designated contractor to enter upon the premises for the
purposes set forth above.
A. Within 30 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 thereafter 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 Township 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 Township lien on the property
for the amount of the assessment.
B. Any person violating any of the provisions of this article shall
become liable to the Township by reason of such violation. The liability
shall be paid in not more than 12 equal payments. Interest at the
rate of 12% per annum shall be assessed on the balance beginning on
the first day following discovery of the violation.
It shall be unlawful for any person to violate any provision
or fail to comply with any of the requirements of this article. If
a person has violated or continues to violate the provisions of this
article, the Township may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to fines and penalties authorized by this article,
the authorized enforcement agency may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, creek cleanup, etc.
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 article is a threat to public health, safety,
and welfare, and is declared and deemed a public 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 public nuisance may be taken.
Any person that has violated or continues to violate this article
shall be liable to criminal prosecution to the fullest extent of the
law, and shall be subject to a criminal penalty of up to $1,000 per
violation per day and/or imprisonment for a period of time not to
exceed 90 days.
The Township may recover all attorney fees, court costs, and
other expenses associated with enforcement of this article, either
criminal or civil, including sampling and monitoring expenses or other
costs of investigation.
The remedies listed in this article are not exclusive of any
other remedies available under any applicable federal, state, or local
law, and it is within the discretion of the Township to seek cumulative
remedies.