Township of Thornbury, PA Storm Sewers

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.

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.

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.

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.

Nothing in this section shall affect in any way a discharger's responsibilities under state or federal law.

§ 117-3 Prohibited nonstormwater connections.

The following connections are prohibited, except as provided in § 117-2B above:

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.

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.

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.

§ 117-4 Public nuisance.

The violation of any provision of this article is hereby deemed a public nuisance.

Each day that a violation continues shall constitute a separate violation.

§ 117-5 Enforcement.

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.

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.

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.

§ 117-6 Suspension and revocation of permits and approvals.

Any building, land development or other permit(s) or approval(s) issued by Thornbury Township may be suspended or revoked by the Township for:

(1)

A violation of any provision of this article; or

(2)

The creation of any condition or the commission of any act or omission during construction or development which constitutes or creates a hazard, a nuisance or pollution or which endangers the life or property of others.

A suspended permit or approval shall be reinstated by the Township when:

(1)

The Township Engineer or designee has inspected and approved the corrections or the elimination of the hazard or nuisance; and/or

(2)

The Township is satisfied that the violation of the ordinance, law or rule and regulation has been corrected.

§ 117-7 Violations and penalties; enforcement remedies.

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.

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.

§ 117-8 Appeals.

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.

§ 117-9 Right of entry.

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.