The standards set forth herein and promulgated by this section
are minimum standards; therefore, this section 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 the waters of this commonwealth is prohibited.
B. No person shall allow, or cause to allow, discharges into surface waters of this commonwealth which are not composed entirely of stormwater, except: 1) as provided in Subsection
C below; and 2) discharges allowed under a state or federal permit.
C. The following discharges are authorized unless they are determined
to be significant contributors to pollution to the waters of this
commonwealth:
Discharges from firefighting activities
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Flows from riparian habitats and wetlands
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Potable water sources including waterline flushing
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Uncontaminated water from foundations or from footing drains
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Irrigation drainage
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Lawn watering
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Air conditioning condensate
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Dechlorinated swimming pool discharges
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Springs
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Uncontaminated groundwater
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Water from crawl space pumps
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Water from individual residential car washing
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Pavement wash waters 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
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Routine external building wash-down (which does not use detergents
or other compounds)
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Diverted stream flows
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Water discharged in well testing for potable water supplies
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(1)
Discharges specified in writing by the Borough as being necessary
to protect public health and safety.
(2)
Dye testing is an allowable discharge but requires a verbal
notification to the Borough 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 Borough or DEP determines that any of the discharges identified in Subsection
C significantly contribute to pollution of the waters of this commonwealth, the Borough or DEP will notify the responsible person(s) to cease the discharge.
Roof drains and sump pumps shall discharge to infiltration or
vegetative BMPs and to the maximum extent practicable satisfy the
criteria for DIAs.
No person shall modify, remove, fill, damage, impair, impede
landscape, or alter, nor affect the proper functioning of, any SWM
BMPs, facilities, areas, or structures in a manner without the written
approval from the Borough, with the exception of necessary and regular
maintenance activities such as mowing.
A. Suspension due to illicit discharges in emergency situations. The
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 this commonwealth. 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 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 Borough must disconnect or perform
emergency maintenance and/or repairs, the Borough may file and attach
a municipal 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 Borough will
notify a violator of the proposed termination of its MS4 access. The
violator may petition the Borough for a reconsideration and hearing.
C. A person commits an offense and violation of this chapter if the
person reinstates MS4 access to premises terminated pursuant to this
section, without the prior approval of the Borough.
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 Borough 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 Borough 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 Borough.
(2)
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.
(3)
The Borough 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 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.
(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 Borough and shall
not be replaced. The costs of clearing such access shall be borne
by the operator.
(6)
Unreasonable delays in allowing Borough 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 Borough reasonable access to the
permitted facility for the purpose of conducting any activity authorized
or required by this section.
(7)
If the Borough 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 Borough
may seek issuance of a search warrant from any court of competent
jurisdiction.
The 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 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.
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
impede the free 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 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.
A. Notice of violation. Whenever the Borough finds that a person has
violated a prohibition or failed to meet a requirement of this section,
the Borough 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 that may include 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 municipal lien on the property.
Any person receiving a notice of violation may appeal the determination
of the Borough. 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 Borough, or the Borough
Council, shall take place within 15 days from the date of receipt
of the notice of appeal. The decision of the Borough 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 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 Borough
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 Borough 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 municipal lien on the property for the amount
of the assessment.
B. Any person violating any of the provisions of this section shall
become liable to the Borough 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 section. If
a person has violated or continues to violate the provisions of this
section, the Borough 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 lieu of enforcement proceedings, penalties, and remedies
authorized by this section, the Borough 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 section 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 section
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 Borough may recover all attorney fees, court costs, and
other expenses associated with enforcement of this section, either
criminal or civil, including sampling and monitoring expenses or other
costs of investigation.
The remedies listed in this section are not exclusive of any
other remedies available under any applicable federal, state, or local
law, and it is within the discretion of the Borough to seek cumulative
remedies.