Latest News

                Marlborough Township and many other Pennsylvania municipalities are in a dilemma.

                They were facing a Sept. 10 deadline to adopt a new model stormwater ordinance required by the state Department of Environmental Protection, but as of July 23, DEP had not yet issued the model ordinance, and the supervisors worried that they wouldn’t have enough time to read and review the ordinance, advertise a hearing and take a vote before that deadline.

                But as of July 24, the concerns facing Marlborough and other municipalities throughout the state were somewhat eased when John Hines, the DEP’s deputy secretary for water management, reported that a nine-month extension would be granted.  He said he also expects a formal announcement detailing that by mid-August.

                Nothing is official until that formal announcement is made, but DEP officials seemed to have acquiesced to the pressure from local officials statewide.  Many municipal officials, some who called the new rules an unfunded mandate, feared that they would be forced to spend millions of dollars retrofitting storm sewers, cleaning up salt and anti-skid materials off roads after snowstorms and even requiring residents to submit stormwater plans for patios.

                The National Pollution Discharge Elimination System (NPDES) of the federal Environmental Protection Agency (EPA) requires all municipalities in “urbanized areas” and municipalities with special-value bodies of water to have a permit to allow stormwater to flow into lakes, streams and rivers.

                Here’s the catch: in order to get that NPDES permit, Marlborough will have to adopt DEP’s sample ordinance.

                “Basically, we have three options,” said Carl Ascoli, the chairman of the board of supervisors, Monday night.  “We can join with the Southeastern Pennsylvania Stormwater Consortium’s legal defense; we can challenge DEP on our own, which we could not afford, or we could just accept the demands of DEP and adopt the ordinance when we get it.  If we join the consortium’s legal challenge, it would cost us something like $560 to be part of a $100,000 defense.”

                Ascoli said that legal action against DEP may also give the township injunctive relief from having to approve the model ordinance before Sept. 10.

                Attorney Frank Bartle, Marlborough’s solicitor and the solicitor for Montgomery Township, the municipality that organized the Montgomery County Consortium of Townships, said that the consortium has hired Doug Blazey, the past chief counsel of DEP and the regional counsel for EPA to be special counsel for the consortium. 

                “It’s possible and even likely that we’ll get a nine-month extension on the deadline,” said Bartle in a telephone interview Tuesday.  “But if we don’t, we have three alternatives in the next 40 days.  We could accept the ordinance; we could try to negotiate different conditions; or we could file litigation, which could prevent us from being subject to penalties if our permits expire on March 11.

                The push for new stormwater regulations began two years ago when the federal Environmental Protection Agency lost a lawsuit filed by environmental groups demanding that silt and fertilizer nutrients carried by stormwater runoff into the Chesapeake Bay be reduced.

                The EPA then formulated new standards for stormwater management and required the states to write new regulations that would then be imposed on municipalities and builders. 

                According to municipal engineer John Chambers, any new rainwater runoff caused by construction “won’t be allowed to leave the property,” but instead will have to be contained by such things as “roof gardens,” “rain gardens” and ponds. 

                In addition, townships will be required to adopt two out of seven “control measures” on stormwater runoff, including possibly refitting storm sewer inlets to prevent silt from washing into the streams. 

                Another control measure could be filling and blocking roadside ditches to slow down the flow of rainwater and make it sink into the ground.  They could also maintain “riparian buffer” areas adjacent to streams to slow down rainwater runoff and prevent erosion.

                Municipalities could also underwrite educational programs that would tell property owners how to limit stormwater runoff.

                “In the past, we had detention basis to control the flow of stormwater,” said Chambers.  “The new regulations will require control of both volume and water quality.” 

                Chambers said that townships like Marlborough through which streams like the Unami flow will have to take special steps to control the “maximum daily load” of pollutants into their streams.

                Marlborough Township officials estimate that the storm sewer refitting could cost the township $600,000 or more.

                Not all, but most, property owners will be affected by these new regulations.  The EPA indicates on its NPDES website that properties as small as one acre will be subject to the new regulations, but that builders may apply for a waiver if the property in question is under five acres.

                Chambers said the EPA was forced to strengthen its regulations on stormwater after losing a lawsuit brought by environmental groups to force the agency to deal more strictly with stormwater. 

                “None of these regulations are retroactive,” said Chambers.  “They only apply moving forward.”

                The Marlborough supervisors said at recent public meetings that they were concerned that the new ordinances and regulations would be retroactive, and that the township would be on the hook for retrofitting such things as stormwater inlets. 

                But retroactivity is not the problem: it’s the presence of the Unami Creek that requires the township to take remedial measures to block further pollution of the creek.  In Marlborough’s case, silt is a pollutant carried by rainwater runoff, and redesigned catch basins and stormwater sewer inlets would help control the silt.

                “This could get really expensive,” said Chambers.  “In some cases, there may not even be a solution to the problem.”

The EPA isn’t making any friends in the Huffs Church neighborhood of Hereford Township.

A group of concerned residents attended the Hereford Township Board of Supervisors' workshop meeting on July 20, looking for support for their petition to relocate the water treatment facility proposed for Dale Road.

Resident Susan Perida served as a spokesperson for a large group of residents looking to find a solution to the treatment plant location. The plant will clean water contaminated by TCE in an underground water plume that originated with the Superfund site located at the former Crossley farm on Huffs Church Road.

Perida reported that she had been in contact with EPA representative Roy Schrock, and that she would soon be meeting with him and state representative Doug Reichley, to discuss alternatives for the location that would be less onerous for property owners in the township.

The supervisors were sympathetic but have taken a hands-off approach in negotiations between the EPA and residents.

“We’ve taken a neutral stance between the property owners and the EPA,” stated Chairman John Membrino.

Supervisor Karla Dexter explained that township zoning would allow for government agencies to act without input from the supervisors. “A building put in the ag[ricultural] district put in by the government comes in as a special exception and it goes before the zoning hearing board.”

Dexter added that the land was not found suitable at the EPA’s previous choice of a location on Dairy Lane, and she noted that hearsay around the township was that the agency could not come to financial terms for the property.

Chairman Membrino commented, “Possibly the EPA, because they’re a government agency, can pretty much do whatever they want.”

He added that the supervisors couldn’t do anything to lend support because they haven’t seen plans from the EPA, and have simply been advised of a concept.

The residents are going to discuss the alternatives with the EPA representative Schrock and look toward a more agreeable outcome at one of the other potential locations for the facility.

In fire department news, Membrino commended the Hereford Fire department for its excellent response to the Hereford Hotel fire.

Membrino indicated that the crew’s fast action prevented a major fire. “There was the potential there to be a very catastrophic event, “ he stated.

Hereford fire Chief Josh Borowski thanked the supervisors and explained that the fire was due to a standard air conditioner plugged into a very old, insufficient extension cord. Debris was also piled on top of the cords.

Borowski cautioned that air conditioners should never be plugged into extension cords but directly into wall outlets.

Borowski also responded to an early morning call on July 20 from township employees when it was found that there was a carbon monoxide leak in the municipal building.

Borowski identified a faulty generator that had kicked on due to a power outage the previous night. He noted that the generator should be vented out above the eaves of the building so the carbon monoxide would not collect in the building. Supervisor Jeff Sell inspected the generator and concurred. Code enforcement officer Joe Groff recommended more carbon monoxide alarms and a full servicing of the generator by the maintenance crew.

In parks news, the supervisors approved the purchase of a climbing gym for ages 5 to 12 that would be installed in the municipal park. The cost of $2494.00 will be funded by the parks budget.  

Membrino also reported that the park restrooms had been vandalized on July 15. The signs onb the buildings had been ripped down, paper towel holders torn off the walls, and paper towels stuffed into the sink. The restrooms are currently closed until further notice.

Membrino noted that these types of vandalism occurred from time to time but had not been extensive or particularly costly.

At the beginning of the meeting, Membrino asked for a moment of silence for Barry P. Unger, a 30-year township employee who recently passed away.  “He made Hereford Township a better place to live and work,” Membrino said.