[HISTORY: Adopted by the Borough Council
of the Borough of Columbia 3-8-2004 by Ord. No. 730. Amendments noted where
applicable.]
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:
Employees or designees of the Borough of Columbia designated
to enforce this chapter, including without limitation the Borough
Manager or his designees.
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.
The federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.) and any subsequent amendments thereto.
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.
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.
Any direct or indirect nonstormwater discharge to the storm drain system except as exempted in § 153-9 of this chapter.
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.
Activities subject to NPDES industrial permits as defined
in 40 CFR § 122.26 (b)(14).
A permit issued by the United States Environmental Protection
Agency ("EPA") [or by a state under authority delegated pursuant to
33 U.S.C. § 1312(b)] that authorizes the discharge of pollutants
to waters of the United States, whether the permit is applicable on
an individual, group or general area-wide basis,
Any discharge to the storm drain system that is not composed
entirely of stormwater.
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.
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.
Any building, lot, parcel of land or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
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.
Any surface flow, runoff and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
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.
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.
A.
Prohibition of illegal discharges. No person shall
discharge or cause to be discharged into the municipal storm drain
system or watercourses any materials, including but not limited to
pollutants or waters containing any pollutants that cause or contribute
to a violation of applicable water quality standards, other than stormwater.
The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(1)
The following discharges are exempt from discharge
prohibitions established by this chapter: water line flushing or other
potable water sources, landscape irrigation or lawn watering, diverted
stream flows, rising groundwater, groundwater infiltration to storm
drains, uncontaminated pumped groundwater, foundation or footing drains
(not including active groundwater dewatering systems), crawl space
pumps, air-conditioning condensation, springs, noncommercial washing
of vehicles, natural riparian habitat or wetland flows, swimming pools
(if dechlorinated, typically less than one PPM chlorine), fire-fighting
activities and any other water source not containing pollutants.
(2)
Discharges specified in writing by the authorized
enforcement agency as being necessary to protect public health and
safety.
(3)
Dye testing is an allowable discharge but requires
a verbal notification to the authorized enforcement agency prior to
the time of the test.
(4)
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 the EPA, provided that the discharger 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.
B.
Prohibition of illicit connections.
(1)
The construction, use, maintenance or continued existence
of illicit connections to the storm drain system is prohibited.
(2)
This prohibition expressly includes, without limitation,
illicit connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3)
A person is considered to be in violation of this
chapter if the person connects a line conveying sewage to the MS4
or allows such a connection to continue.
A.
Suspension due to illicit discharges in emergency
situations. The authorized enforcement agency 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 the United States.
If the violator fails to comply with a suspension order issued in
an emergency, the authorized enforcement agency may take such steps
as deemed necessary to prevent or minimize damage to the MS4 or waters
of the United States or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge.
(1)
Any person discharging to the MS4 in violation of
this chapter may have their MS4 access terminated if such termination
would abate or reduce an illicit discharge. The authorized enforcement
agency will notify a violator of the proposed termination of its MS4
access. The violator may petition the authorized enforcement agency
for a reconsideration and hearing.
(2)
A person commits an offense if the person reinstates
MS4 access to premises terminated pursuant to this section without
the prior approval of the authorized enforcement agency.
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.
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 authorized enforcement agency shall be permitted
to enter and inspect facilities subject to regulation under this chapter
as often as may be necessary to determine compliance with this chapter.
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 authorized enforcement agency.
(2)
Facility operators shall allow the authorized enforcement
agency 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 authorized enforcement agency 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 authorized enforcement agency 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 authorized enforcement agency and shall not be replaced. The costs
of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the authorized enforcement
agency access to a permitted facility is a violation of a stormwater
discharge permit and of this chapter. 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
authorized enforcement agency reasonable access to the permitted facility
for the purpose of conducting any activity authorized or required
by this chapter.
(7)
If the authorized enforcement agency has been refused
access to any part of the premises from which stormwater is discharged,
and he/she is able to demonstrate probable cause to believe that there
may be a violation of this chapter, 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 chapter or any order issued
hereunder, or to protect the overall public health, safety and welfare
of the community, then the authorized enforcement agency may seek
issuance of a search warrant from any court of competent jurisdiction.
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.
A.
Whenever the authorized enforcement agency finds that
a person has violated a prohibition or failed to meet a requirement
of this chapter, the authorized enforcement agency 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 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; and
(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.
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.
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 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 Manager or by the expiration of the time in which to
file an appeal, the charges shall become a special assessment against
the property and may be entered as a lien on the property for the
amount of the assessment in accordance with applicable Pennsylvania
law.
B.
Any person violating any of the provisions of this
chapter shall become liable to the Borough of Columbia by reason of
such violation. The liability shall be paid in not more than 12 equal
payments. Interest at the rate of 6% per annum shall be assessed on
the balance beginning on the second 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
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.