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(A) (1) In the event that a person fails to comply with the requirements of this chapter, an approved SWM Site Plan or fails to conform to the requirements of any permit or approval issued hereunder, the city shall provide written notification of the violation.
(2) Such notification shall set forth the nature of the violation(s) and establish a time limit for correction of these violation(s).
(B) Failure to comply within the time specified shall subject such person to the penalties provisions of this chapter. All such penalties shall be deemed cumulative and shall not prevent the municipality from pursuing any and all other remedies, it shall be the responsibility of the owner of the real property on which any regulated activity is proposed to occur, is occurring or has occurred, to comply with the terms and conditions of this chapter.
(Ord. 1508, passed 12-20-2010)
(A) Generally. The governing body of the city is hereby authorized and directed to enforce all of the provisions of this chapter. The approved SWM Site Plan shall be on file at the project site throughout the duration of the construction activity. The city or their designee may make periodic inspections during construction.
(B) Adherence to approved SWM Site Plan.
(1) It shall be unlawful for any person, firm or corporation to undertake any regulated activity on any property except as provided for by an approved SWM Site Plan and pursuant to the requirements of this chapter.
(2) It shall be unlawful to alter or remove any control structure required by the SWM Site Plan pursuant to this chapter.
(3) It shall be unlawful to allow a property to remain in a condition that does not conform to an approved SWM Site Plan.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999
(A) A violation of any provision of this chapter is hereby deemed a public nuisance.
(B) Each day that a violation continues shall constitute a separate violation.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999
(A) Any approval or permit issued by the city may be suspended or revoked for:
(1) Non-compliance with or failure to implement any provision of the approved SWM Site Plan or operation and maintenance (O&M) agreement;
(2) A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to the regulated activity; or
(3) The creation of any condition or the commission of any act, during the regulated activity which constitutes or creates a hazard or nuisance, pollution or which endangers the life or property of others.
(B) A suspended approval or permit may be reinstated by the city when:
(1) The city or its designee has inspected and approved the corrections to the violation(s) that caused the suspension; or
(2) The city is satisfied that the violation(s) has been corrected.
(C) An approval that has been revoked by the city cannot be reinstated. The applicant may apply for a new approval under the provisions of this chapter.
(Ord. 1508, passed 12-20-2010)
(A) Any person aggrieved by any action of the city or its designee, relevant to the provisions of this chapter, may appeal to the city within 30 days of that action.
(B) Any person aggrieved by any decision of the city, relevant to the provisions of this chapter, may appeal to the County Court of Common Pleas within 30 days of the city’s decision.
(Ord. 1508, passed 12-20-2010)
PROHIBITIONS
(A) Any drain, including indoor drains and sinks, or conveyance, whether on the surface or underground, that allows any non-stormwater discharge, including sewage, process wastewater and wash water, to enter the city’s separate storm sewer system or waters of the state is prohibited.
(B) Any drain or conveyance connected from a commercial or industrial land use to the city’s separate storm sewer system, which has not been documented in plans, maps or equivalent records, and approved by the city is prohibited.
(C) No person shall allow, or cause to allow, discharges into the city’s separate storm sewer system or into surface waters of the state, which are not composed entirely of stormwater, except:
(1) As provided in division (D) below; and
(2) Discharges allowed under a state or federal permit.
(D) The following discharges are authorized unless they are determined to be significant contributors to pollution to the waters of the state:
(1) Discharges from firefighting activities;
(2) Potable water sources including dechlorinated water line and fire hydrant flushings;
(3) Irrigation drainage;
(4) Air conditioning condensate;
(5) Springs;
(6) Water from crawl space pumps;
(7) Pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spill material has been removed) and where detergents are not used;
(8) Flows from riparian habitats and wetlands;
(9) Uncontaminated water from foundations or from footing drains;
(10) Lawn watering;
(11) Dechlorinated swimming pool discharges;
(12) Uncontaminated groundwater;
(13) Water from individual residential car washing;
(14) Routine external building washdown, which does not use detergents or other compounds; and
(15) Diverted stream flows.
(E) In the event that the city or DEP determines that any of the discharges identified in division (D) above significantly contribute to pollution of waters of this state, the city or PADEP will notify the responsible person(s) to cease the discharge.
(F) Upon notice provided by the city or PADEP under division (E) above, the discharger will have a reasonable time, as determined by the city or PADEP, to cease the discharge.
(G) Nothing in this section shall affect a discharger’s responsibilities under state law.
(Ord. 1508, passed 12-20-2010) Penalty, see § 152.999
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