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.
A. Any drain or conveyance, whether on the surface or subsurface, that
allows any non-stormwater 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 as provided in Subsection
C below and discharges authorized under a state or federal permit.
C. Exceptions.
(1)
The following discharges are authorized unless they are determined
to be significant contributors to pollution of a regulated small MS4
or the waters of this commonwealth:
(a)
Discharges from firefighting activities.
(b)
Potable water sources, including water line flushing and fire
hydrant flushing, if such discharges do not contain detectable concentrations
of total residual chlorine (TRC).
(c)
Noncontaminated irrigation water from lawn maintenance, landscape
drainage, and flows from riparian habitats and wetlands.
(d)
Diverted stream flows and springs.
(e)
Noncontaminated pumped groundwater and water from foundation
and footing drains and crawl space pumps.
(f)
Noncontaminated HVAC condensation and water from geothermal
systems.
(g)
Residential (i.e., not commercial) vehicle wash water where
cleaning agents are not utilized.
(h)
Noncontaminated hydrostatic test water discharges if such discharges
do not contain detectable concentrations of TRC.
(i)
Discharges specified in writing by the municipality as being
necessary to protect public health and safety.
(2)
Dye testing is an allowable discharge but requires a verbal
notification to the municipality 48 hours prior to the time of the
test.
(3)
The prohibition shall not apply to any non-stormwater 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 municipality 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 municipality or DEP will notify the responsible person(s) to cease the discharge.
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 article 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 article 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 article 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 article as often as may be necessary
to determine compliance with this article. 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 the municipality
and shall not be replaced. The costs of clearing such access shall
be borne by the operator.
(6)
Unreasonable delays in allowing the municipality access to a
permitted facility is a violation of a stormwater discharge permit
and of this article. 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 article.
(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 article
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 article 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 article. 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.
A. 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.
B. 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.
C. 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.
D. 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 municipality finds that a person
has violated a prohibition or failed to meet a requirement of this
article, the municipality 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 municipal lien on the property.
Any person receiving a notice of violation may appeal the determination
of the municipality. 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 municipality shall
take place within 15 days from the date of receipt of the notice of
appeal. The decision of the municipality or its 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 municipality, then representatives of the municipality
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 municipality 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 municipal 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 municipal 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 municipality 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 municipality may petition for a preliminary or permanent
injunction restraining the person from activities that 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 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 municipality 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 municipality to seek cumulative
remedies.