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, or unauthorized discharge of pollutants.
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs wherever feasible.
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
municipality. In the event of such modification without written approval
of the municipality, the modification shall be removed and the SWM
BMP restored within the time period set forth in a written notice
provided by the municipality. In the event the illegal modification
is not removed with the time period set forth in the written notice
provided to the property owner, the municipality shall have the right,
but not the obligation, to remove the modification and restore the
SWM BMP to its original condition and invoice the property owner for
such work along with an administrative fee of 10%. If the property
owner fails or refuses to pay such invoice within 15 days of the date
of the invoice, the municipality shall have the right to file a municipal
lien for such services as provided by law.
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 municipality prior to the allowing of
discharges to the MS4.
The municipality 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 municipal 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 municipal 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.
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 municipality 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 municipality
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.