[HISTORY: Adopted by the Board of Supervisors
of the Township of Thornbury as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-20-2008 by Ord. No. 2008-1]
A.
No person in Thornbury Township, Chester County, shall allow, or cause to allow, stormwater discharges into the Township's separate storm sewer system which are not composed entirely of stormwater, except as provided in Subsection B below and discharges specifically allowed under a state or federal permit.
B.
Exceptions.
(1)
Discharges which may be allowed, based on a finding
by the Township that the discharges do not significantly contribute
to pollution of surface waters of the commonwealth or reduce the hydraulic
capacity of the existing storm sewer system, are:
(a)
Discharges from fire-fighting activities;
(b)
Potable water sources, including dechlorinated
waterline and fire hydrant flushings;
(c)
Irrigation drainage;
(d)
Routine external building washdown (which does
not use detergents or other compounds);
(e)
Air-conditioning condensate;
(f)
Water from individual residential car washing;
(g)
Uncontaminated water from foundation or from
footing drains;
(h)
Flows from riparian habitats and wetlands;
(i)
Lawn watering; and
(j)
Pavement washwaters where spills or leaks of
toxic or hazardous materials have not occurred (unless all spill material
has been previously removed) and where detergents are not used.
(2)
All authorized nonstormwater discharges shall be directed
through existing, stabilized vegetated areas prior to entering the
Township storm sewer system.
C.
In the event that the Township determines that any of the discharges identified in Subsection B will significantly contribute to pollution of waters of the Commonwealth, or is so notified by DEP, the Township will notify the responsible person to cease the discharge.
D.
Upon notice provided by the Township under Subsection C, the discharger will have reasonable time, as determined by the Township, to cease the discharge consistent with the degree of pollution caused by the discharge.
E.
Nothing in this section shall affect in any way a
discharger's responsibilities under state or federal law.
The following connections are prohibited, except as provided in § 117-2B above:
A.
Any drain or conveyance, whether on the surface or
subsurface, which allows any nonstormwater discharge, including sewage,
process wastewater and wash water, to enter the separate storm sewer
system, and any connections to the storm drain system from indoor
drains and sinks.
B.
Any drain or conveyance connected from a commercial
or industrial land use to the separate storm sewer system which has
not been documented in plans, maps or equivalent records and specifically
approved by Thornbury Township.
C.
Roof drains shall not be connected to streets, sanitary
or storm sewers or roadside ditches/swales. Roof drains shall be discharged
to existing vegetated areas or shall be discharged into appropriate
stormwater BMPs (infiltration, vegetative, etc.) to the maximum extent
practicable.
A.
Whenever the Township finds that a person has violated
a prohibition or failed to meet a requirement of this article, the
Township may order compliance by written notice to the responsible
party. Such a notice may require, without limitation:
(1)
The performance of monitoring, analyses and reporting;
(2)
The elimination of prohibited connections or discharges;
(3)
Cessation of any violating discharges, practices or
operations;
(4)
The abatement or remediation of stormwater pollution
or contamination hazards and the restoration of any affected property;
and/or
(5)
Payment of a fine calculated to cover administrative,
including attorneys' fees, and remediation costs.
B.
Such notification shall set forth the nature of the
violation(s) and establish a time limit for correction of the violation(s).
Said notice may further advise that, if applicable, should the violator
fail to take the required action within the established deadline,
the work may be done by the Township or its designee and the expense
thereof, including reasonable attorneys' fees and costs, shall be
charged to the violator and shall be a lien against the property in
question and may be collected in any manner provided by law.
C.
Failure to comply within the time specified in the notification shall also subject such responsible person or party to the provisions of §§ 117-6 and 117-7 of this article. All such penalties shall be deemed cumulative and shall not prevent the Township from pursuing any and all other remedies available in law or equity.
A.
Any violation of this article shall be enforced as
a summary offense by an action before a District Justice. Any person
violating the provisions of this article shall be subject to a fine
of not more than $500 for each violation, recoverable with attorneys'
fees and costs. Each day that the violation continues shall be deemed
a separate offense, subject to a separate fine.
B.
In addition, the Township, through its Solicitor,
may institute injunctive, mandamus or any other appropriate action
or proceeding at law or in equity for the enforcement of this article.
A court of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus or any other
appropriate forms of remedy or relief.
Any person aggrieved by any action of the Township,
under this article, may appeal to the Chester County Court of Common
Pleas within the time period allowed by law.
The authorized representatives of the Township
may enter any property within the Township, at reasonable times, to
inspect any drain, conveyance, discharge or stormwater facility under
this article, consistent with federal and state laws.