The purpose of this chapter is to provide for
the health, safety and general welfare of the citizens of the Borough
of Columbia through the regulation of nonstormwater discharges to
the storm drainage system to the maximum extent practicable as required
by federal and state law. This chapter establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer
system ("MS4") in order to comply with requirements of the National
Pollutant Discharge Elimination System ("NPDES") permit process. The
objectives of this chapter are:
A. To regulate the contribution of pollutants to the
municipal separate storm sewer system (MS4) by stormwater discharges
by any user;
B. To prohibit illicit connections and discharges to
the municipal separate storm sewer system; and
C. To establish legal authority to carry out all inspection,
surveillance and monitoring procedures necessary to ensure compliance
with this chapter.
For the purposes of this chapter, the following
shall mean:
AUTHORIZED ENFORCEMENT AGENCY
Employees or designees of the Borough of Columbia designated
to enforce this chapter, including without limitation the Borough
Manager or his designees.
BEST MANAGEMENT PRACTICES (BMPs)
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures and other management practices to
prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures and practices
to control site runoff, spillage or leaks, sludge or water disposal
or drainage from raw materials storage.
CLEAN WATER ACT
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY
Activities subject to NPDES construction permits. These include
construction projects resulting in land disturbance of five acres
or more. Such activities include, but are not limited to, clearing
and grubbing, grading, excavating and demolition.
HAZARDOUS MATERIALS
Any material, including any substance, waste or combination
thereof which, because of its quantity, concentration or physical,
chemical or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property or the environment when improperly treated,
stored, transported, disposed of or otherwise managed.
ILLEGAL DISCHARGE
Any direct or indirect nonstormwater discharge to the storm drain system except as exempted in §
153-9 of this chapter.
ILLICIT CONNECTIONS
An illicit connection is defined as either of the following:
(i) any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including but not limited to any conveyances which allow any nonstormwater
discharge, including sewage, process wastewater and wash water, to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless or whether said drain
or connection had been previously allowed, permitted or approved by
an authorized enforcement agency or; (ii) any drain or conveyance
connected from a commercial or industrial land use to the storm drain
system which has not been documented in plans, maps or equivalent
records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY
Activities subject to NPDES industrial permits as defined
in 40 CFR § 122.26 (b)(14).
PERSON
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
POLLUTANT
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes, refuse, rubbish, garbage, litter or other discarded
or abandoned objects, articles and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides
and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure;
and noxious or offensive matter of any kind.
PREMISES
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs and other drainage structures.
STORMWATER
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
STORMWATER POLLUTION PREVENTION PLAN
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems and/or receiving waters to the maximum extent practicable.
WASTEWATER
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
This chapter shall apply to all water entering
the storm drain system generated on any developed and undeveloped
lands unless explicitly exempted by an authorized enforcement agency.
The Borough Manager or his designees shall administer,
implement and enforce the provisions of this chapter. Any powers granted
or duties imposed upon the authorized enforcement agency may be delegated
in writing by the authorized enforcement agency to persons or entities
acting in the beneficial interest of or in the employ of the authorized
enforcement agency.
The standards set forth herein and promulgated
pursuant to this chapter are minimum standards. Therefore, this chapter
does not intend nor imply that compliance by any person will ensure
that there will be no contamination, pollution nor unauthorized discharge
of pollutants.
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 may be required
in a form acceptable to the authorized enforcement agency prior to
the allowing of discharges to the MS4.
The authorized enforcement agency 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 the
United States. 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.
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.
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 illegal discharges or pollutants discharging into
stormwater, the storm drain system or water of the United States,
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 authorized enforcement agency 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 authorized enforcement agency 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.
Any person receiving a notice of violation may
appeal the determination of the authorized enforcement agency. The
notice of appeal must be received within 20 days from the date of
the notice of violation. Hearing on the appeal before the Borough
Council or its designee shall take place at the next regularly scheduled
meeting of Borough Council following receipt of the notice of appeal.
The decision of the Borough Council 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 10 days of the decision of the Borough
Council upholding the decision of the authorized enforcement agency,
then representatives of the authorized enforcement agency 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 government agency or designated
contractor to enter upon the premises for the purposes set forth above.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
chapter. If a person has violated or continues to violate the provisions
of this chapter, the authorized enforcement agency 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. Any such
person against whom such an injunction is issued shall be responsible
for paying all costs of the authorized enforcement agency in obtaining
and enforcing such injunction, including the agency's attorney's fees.
In lieu of enforcement proceedings, penalties
and remedies authorized by this chapter, 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 chapter is a threat to
public health, safety and welfare, and is declared and deemed a 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 nuisance may be taken, with all costs thereof, including attorney's
fees of the authorized enforcement agency, to be borne by the violator.
Any person that has violated or continues to
violate this chapter shall be liable to criminal prosecution to the
fullest extent of the law and shall be subject to a criminal penalty
of $600 per violation per day and/or imprisonment for a period of
time not to exceed 30 days.
The authorized enforcement agency may recover
all attorney's fees, court costs and other expenses associated with
enforcement of this chapter, including sampling and monitoring expenses,
from persons upon whom enforcement action is taken or directed.
The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable federal,
state or local law, and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.