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Emergency Suspension of MS4 Access
Emergency Suspension of MS4 Access
While not expressly related to either green stormwater infrastructure or defraying the cost of stormwater management to the municipality, this provision allows greater latitude for the municipality to respond in emergency situations and to enforce requirements elsewhere in the stormwater ordinance. The provision also reinforces the importance of protecting stormwater systems and local waterways.
Example A: Spring Grove Borough, York County - Article IX § 339-40
Example A: Spring Grove Borough, York County - Article IX § 339-40
"A. Suspension in emergency situations. The Borough, without prior notice, may issue an order to 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, safety or welfare of persons, or to the MS4 or waters of the Commonwealth of Pennsylvania. If the violator fails to comply with an order issued in an emergency, the Borough may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the Commonwealth of Pennsylvania, or to minimize danger to persons, including, without limitations, entering the property for the purpose of disconnecting and/or performing emergency maintenance or repairs to storm sewers. In the event the Borough must disconnect or perform emergency maintenance and/or repairs, the Borough may file and attach a municipal lien on the property which is causing illicit discharge.
B. Reconnection prohibited. A person commits an offense if the person reconnects premises to the MS4 system once suspended pursuant to this section, without prior Borough written approval issued by an authorized representative of the Borough."
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