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, or 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.
C.
The following discharges are authorized unless they are determined
to be significant contributors to pollution of a regulated small MS4
or of the waters of this commonwealth:
(1)
Discharges or flows from firefighting activities.
(2)
Discharges from potable water sources, including water line flushing
and fire hydrant flushing, if such discharges do not contain detectable
concentrations of total residual chlorine (TRC).
(3)
Noncontaminated irrigation water, water from lawn maintenance, landscape
drainage and flows from riparian habitats and wetlands.
(4)
Diverted stream flows and springs.
(5)
Noncontaminated pumped groundwater and water from foundation and
footing drains and crawl space pumps.
(6)
Noncontaminated HVAC condensation and water from geothermal systems.
(7)
Residential (i.e., not commercial) vehicle wash water where cleaning
agents are not utilized.
(8)
Noncontaminated hydrostatic test water discharges if such discharges
do not contain detectable concentrations of TRC.
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.
A.
Suspension due to illicit discharges in emergency situations. The
municipality 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 municipality
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 municipality must disconnect
or perform emergency maintenance and/or repairs, the municipality
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 municipality
will notify a violator of the proposed termination of its MS4 access.
The violator may petition the municipality 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 municipality.
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.
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 municipality 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 that require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the municipality.
(2)
Facility operators shall allow the municipality 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 municipality shall have the right to set up on any permitted
facility such devices as are necessary for the opinion of the authorized
enforcement agency to conduct monitoring and/or sampling of the facility's
stormwater discharge.
(4)
The municipality 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 Municipality and
shall not be replaced. The costs of clearing such access shall be
borne by the operator.
(6)
Unreasonable delays in allowing Municipality 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 municipality reasonable access
to the permitted facility for the purpose of conducting any activity
authorized or required by this section.
(7)
If the municipality 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 municipality
may seek issuance of a search warrant from any court of competent
jurisdiction.
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.
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 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.
