will have a 30 days as determined by the municipality, to cease the discharge
consistent with the degree of pollution caused by the discharge.
- Nothing in this Section shall affect, limit or alleviate a discharger's responsibilities
under State or Federal law.
B. Prohibited connections.
The following sources, activities or connections are prohibited, except as provided in
subsection A. 1. and 2. above:
- Any drain or conveyance, whether on the surface or subsurface, which allows any
non-storm water discharge including but not limited to, 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, industrial or other non-
residential land use to the separate storm sewer system which has not been
documented in plans, maps, or equivalent records, and approved by Bolivar
- Drains carrying storm water or groundwater shall not be connected to or discharge
to any public or private sanitary sewer system or facility.
- Prohibited activities:
- A landowner may not alter the natural flow of surface water on his property by
concentrating it in an artificial channel and discharging it upon lower land of his
neighbor even though no more water is thereby collected than would naturally have
flowed upon the neighbor's land in a diffused [shallow broad path or sheet flow]
- A landowner may not alter any BMPs, facilities or structures that were installed under
the ordinance without written approval of the municipality.
- Roof Drains and Sump Pumps
1. Roof drains and sump pumps shall discharge to infiltration or vegetative BMPs
§lll. Liability Disclaimer.
- Neither the granting of any approval under the stormwater management provisions of this
Ordinance, nor the compliance with the provisions of this Ordinance, or with any condition
imposed by any public body of Bolivar Borough or by a Bolivar Borough official,
employee or consultant hereunder, shall relieve any person from any responsibility for
damage to person or property resulting therefrom, or as otherwise imposed by law, nor
impose any liability upon the municipality for damages to persons or property.
- The granting of a permit which includes any stormwater management does not constitute
a representation, guarantee or warranty of any kind by the municipality or WCD, or by an
official or employee thereof, of the practicability or safety of any structure, use or other
plan proposed and shall create no liability upon or cause of action against such public body,
official or employee for any damage that may result pursuant thereto.
ARTICLE II Definitions.
§201. Interpretations and word usage:
For the purposes of this Ordinance, the terms and words used herein shall be interpreted as
Words used in the present tense include the future tense; the singular number includes the
plural, and the plural number includes the singular; words of masculine gender include
feminine gender; and words of feminine gender include masculine gender.
- The word "includes" or "including" shall not limit the term to the specific example but is
intended to extend its meaning to all other instances of like kind and character.
- The words "shall" and "must" are mandatory; the words "may" and "should" are
§202. Definition of terms:
Act 167-the Stormwater Management Act, Act of October 4, 1978, P. L. 864, No. 167, as amended
by the Act of May 24,1984, No. 63, 32 P.S. §§680.1 et seq. The Municipality is empowered to
regulate land use activities that affect runoff and surface and groundwater quality and quantity by
the authority of the Act, the "Storm Water Management Act."
Accelerated erosion - the removal of the surface of the land through the combined action of human
activities and the natural processes at a rate greater than would occur because of the natural process
Agricultural Activity - Activities associated with agriculture such as agricultural cultivation,
agricultural operation, and animal heavy use areas. This includes the work of producing crops
and raising livestock including tillage, land clearing, plowing, disking, harrowing, planting,
harvesting crops, or pasturing and raising of livestock and installation of Conservation Practices.
Except for high tunnels that are exempt pursuant to the provisions of Act 15 of 20 18, construction
of new buildings or impervious areas is not considered an agricultural activity.
Applicant - a landowner, developer or other person who has filed an application for development
or for approval to engage in any regulated earth disturbance activity at a project site in Bolivar
Animal Concentration (heavy use) Areas - A barnyard, feedlot, loafing area, exercise lots, or
other similar animal confinement areas that will not maintain a growing crop, or where deposited
manure nitrogen is in excess of crop needs, but excluding areas managed as pastures or other
cropland, and pasture access ways, if they do not cause direct flow of nutrients to surface water or
BMP (best management practice) - activities, facilities, designs, measures or procedures used
to manage stormwater impacts from regulated development activities, to meet State water quality
requirements, to promote groundwater recharge and to otherwise meet the purposes of this
Ordinance. BMPs include, but are not limited to, infiltration, filter strips, low impact design,
bioretention, wet ponds, permeable paving, grassed swales, forested buffers, sand filters and
Channel- a perceptible natural or artificial waterway which periodically or continuously contains
moving water or which forms a connecting link between two bodies of water. It has a definite bed
and banks which confine the water.
Chapter 102 - Title 25 Pa Code Chapter 102 Erosion and Sedimentation Control.
Chapter 105 - Title 25 Pa Code Chapter 105 Dam Safety and Waterway Management.
Combined sewer system - A sewer system designed to serve as both sanitary sewer and storm
CSO, Combined sewer overflow - An intermittent flow or other untreated discharge from a
municipal combined sewer system (including domestic, industrial and commercial wastewater and
stormwater) which results from a flow in excess of the dry weather carrying capacity of the system.
Conservation District - the Westmoreland Conservation District (WCD), as defined in Section
3(c) of the Conservation District Law (3 P. S. § 851(c)) that has the authority under a delegation
agreement executed with DEP to administer and enforce all or a portion of the regulations
promulgated under 25 Pa. Code 102.
Conservation Plan - A plan written by an NRCS or SCS certified planner that identifies
Conservation Practices and includes site specific BMPs for agricultural plowing or tilling activities
and Animal Concentration Areas.
Conservation Practices - Practices installed on agricultural lands to improve farmland, soil
and/or water quality which have been identified in a current Conservation Plan.
(a) Any structure that carries a flow.
(b) The ability of a pipe, culvert, swale or similar facility to carry the peak flow
from the design storm.
Culvert - a closed conduit for the free passage of surface drainage under a highway, railroad, canal
or other embankment.
DEP - the Pennsylvania Department of Environmental Protection.
Demonstrated equivalency - A stormwater management project on an alternative site(s) within
the same watershed as the proposed development that will provide equal or better achievement of
the purpose of the Ordinance and will not substantially or permanently impair the appropriate use
or development of adjacent property. Examples include streambank stabilization, creation or
enhancement of riparian buffers, removal of existing impervious surfaces and establishment of
'green' easements, installation of stormwater management and water quality facilities, etc.
Design criteria -
(a) Engineering guidelines specifying construction details and materials.
(b) Objectives, results or limits which must be met by a facility, structure or process in
performance of its intended functions.
Design storm - see "storm frequency."
Detention - the slowing, dampening or attenuating of runoff flows entering the natural drainage
pattern or storm drainage system by temporarily holding water on a surface area in a detention
basin or within the drainage system.
Detention basin - a pond, basin, reservoir or underground system constructed to impound or retard
surface runoff temporarily.
Developer - a person that seeks to undertake or undertakes the activities associated with changes
in land use or seeks to undertake or undertakes any regulated earth disturbance activities at a
project site in the [Municipality]. The term "developer" includes, but is not limited to, the term
subdivider, owner and builder, even though the person involved in successive stages of a project
may change or vary.
Development - an "earth disturbance activity," as herein defined and any activity, construction,
alteration, change in land use or practice that affects stormwater runoff characteristics. The term
also includes redevelopment.
Development site - the specific tract ofland where any development or earth disturbance activities
in the [Municipality] are planned, conducted, undertaken or maintained.
Discharge - the flow or rate of flow from a canal, conduit, channel or other hydraulic structure.
Disturbed Area - A land area where an earth disturbance activity is occurring or has occurred.
Drainage - in general, the removal of surface water from a given area commonly applied to surface
water and ground water.
Drainage area - any of the following activities:
(a) The area of a drainage basin or watershed, expressed in acres, square miles or other unit of
area (also called "catchment area," "watershed," "river basin").
(b) The area served by a sewer system receiving storm and surface water, or by a watercourse.
Earth disturbance activity - a construction or other human activity which disturbs the surface of
the land including, but not limited to, clearing and grubbing, grading, excavations, embankments,
road maintenance, land development, building construction, oil and gas activities, well drilling,
mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth
Encroachment - any structure or activity which in any manner changes, expands or diminishes,
the course, current or cross-section of any watercourse, floodway or body of water.
Erosion - the process by which land, including channels, is worn away by water, wind, or chemical
Erosion control- the application of measures to reduce erosion of land surfaces.
Erosion and sediment control plan - a plan for a project site which identifies BMPs to minimize
accelerated erosion and sedimentation of land.
Existing Condition - The dominant land cover during the 5-year period immediately preceding a
proposed regulated activity.
FEMA - Federal Emergency Management Agency.
Floodplain - Any land area susceptible to inundation by water from any natural source or
delineated by applicable FEMA maps and studies as being a special flood hazard area. Also
includes areas that comprise Group 13 Soils, as listed in Appendix A of the Pennsylvania DEP
Technical Manual for Sewage Enforcement Officers (as amended or replaced from time to time
Floodway - The channel of the watercourse and those portions of the adjoining floodplains that
are reasonably required to carry and discharge the 1 DO-year flood. Unless otherwise specified, the
boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA.
In an area where no FEMA maps or studies have defined the boundary of the 100-year floodway,
it is assumed=absent evidence to the contrary--that the floodway extends from the stream to 50
feet from the top of the bank of the stream.
Forest ManagementlTimber Operations - Planning and activities necessary for the management
of forestland. These include conducting a timber inventory, preparation of forest management
plans, silvi-cultural treatment, cutting budgets, logging road design and construction, timber
harvesting, site preparation, and reforestation.
Green Infrastructure - Systems and practices that use or mimic natural processes to infiltrate,
evapotranspire, or reuse stormwater on the site where it is generated.
Ground cover - materials and/or vegetation covering the ground surface.
Ground water - subsurface water occupying the saturation zone, from which wells and springs
Groundwater recharge - replenishment of existing natural underground water supplies.
High Tunnel- A structure which meets the following:
(1) Is used for the production, processing, keeping, storing, sale or shelter of an agricultural commodity
as defined in section 2 of the act of December 19, 1974 (P.L.973, No.319), known as the Pennsylvania Farmland and Forestland Assessment Act of 1974, or for the storage of agricultural equipment and supplies.
(2) Is constructed consistent with all of the following:
1. Has metal, wood or plastic frame
11. When covered, has plastic, woven textile or other flexible covering
lll. Has a floor made of soil, crushed stone, matting, pavers or a floating
Hot spots - Areas where land use or activities generate highly contaminated runoff, with
concentrations of pollutants that are higher than those typically found in stormwater (e.g., vehicle
salvage yards and recycling facilities, vehicle fueling stations, fleet storage areas, vehicle
equipment and cleaning facilities, vehicle service and maintenance facilities, and certain
industrial/commercial activity areas).
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