[Ord. 07-15-99; as amended by Ord. 12-09-10]
1.
All prohibitions, requirements, regulations and procedures required
of industrial and commercial users of the Township sewer system, discharging
to the Easterly and/or Westerly Wastewater Treatment Facility, shall
be identical to those adopted by the Altoona Water Authority (hereinafter,
at times "AWA") on August 19, 2010, by its Resolution #10-08-606,
and as amended from time to time.
2.
The Township shall adopt by ordinance or resolution such policy amendments
as may be necessary to continue implementation of the Industrial Pretreatment
Program and control discharges to the collection system for commercial
and/or industrial users of the Township sewer system, discharging
to the Easterly and/or Westerly Wastewater Treatment Facility. Such
ordinances or resolutions shall be prepared by the AWA Pretreatment
Office and forwarded to the Township for adoption to maintain the
compatibility with the AWA's original Wastewater System Regulations.
3.
The Township Ordinances or Resolutions shall authorize the AWA to
develop specific discharge limitations and local limits and shall
authorize those limitations and local limits to be applicable to Commercial
and Industrial Users located in the Township and discharging to the
Easterly and/or Westerly Wastewater Treatment Facility.
[Ord. 07-15-99; as amended by Ord. 12-09-10]
1.
The Township agrees that any authorized representative or agent of
the AWA may enter and inspect any part of the Township Sewer System
for Commercial and/or Industrial Users of the Township Sewer System,
discharging to the Easterly and/or Westerly Wastewater Treatment Facility,
and may take wastewater samples and/or flow measurements. In addition,
any authorized representative or agent of the AWA may enter and inspect
commercial and industrial premises in the Township that discharges,
directly or indirectly, into the Township sewer system, which discharges
to the Easterly and/or Westerly Wastewater Treatment Facility, and
take wastewater samples and/or flow measurements.
2.
The Township hereby appoints and designates the AWA, and its duly
authorized representatives, to be the Township's representatives for
the purpose of implementing, administering and enforcing the provisions
of the Township ordinances or resolutions in regard to the commercial
and industrial users of the Township sewer system. The AWA shall,
in order to ensure compliance of commercial and industrial users with
the Township ordinances or resolutions, issue permits, letters, notices,
reports, orders, compliance schedules and other documents notifying,
requiring a response, or requiring compliance with the Township ordinances
or resolutions for commercial and/or industrial users of the Township
sewer system, discharging to the Easterly and/or Westerly Wastewater
Treatment Facility. All such actions taken by the AWA in the administration,
implementation, and enforcement of the Industrial Pretreatment Program
established by the Township ordinances or resolutions shall be and
hereby expressly are accepted and acknowledged as actions in the name
of and as an agent of the Township.; provided, however, that the authority
to enforce the applicable Township ordinances or resolutions against
commercial and industrial users through the assessment of penalties
shall not be invoked by the AWA except as set forth in § 503
herein.
3.
The AWA may seek injunctive relief against any commercial or industrial
user located in the Township and discharging, directly or indirectly,
into the Township sewer system which discharges into the Easterly
and/or Westerly Wastewater Treatment Facility, if such commercial
or industrial user's discharge reasonably appears to present an imminent
danger to the health or welfare of persons, or the environment; or
if this discharge interferes or threatens to interfere with the operation
of the Easterly and/or Westerly Wastewater Treatment Facility; or
if violations of the industrial wastewater contribution permit conditions
as authorized by the Township ordinances or resolutions or the AWA's
Wastewater System Regulations has occurred or is reasonably expected
to occur. The AWA may seek equitable relief against any commercial
or industrial user of the Township sewer system, which discharges
into the Easterly and/or Westerly Wastewater Treatment Facility if
it believes that acts or omissions by the commercial or industrial
user have caused or have the potential to cause harm to any part of
the Township which discharges into the Easterly and/or Westerly Wastewater
Treatment Facility. Any actions at law or in equity initiated by the
AWA against a commercial or industrial user in the Township, which
discharges into the Easterly and/or Westerly Wastewater Treatment
Facility of the Township sewer system in furtherance of the provisions
of the ordinances or resolutions shall not be contested or intervened
by the Township, except in support of the AWA.
4.
The Township, if required by the AWA, shall act in concert with and
in support of the AWA in implementing, administering and enforcing
the provisions of the Township ordinances or resolutions. The Township
agrees that they shall not hinder, delay or obstruct the efforts of
the AWA in implementing the provisions of the applicable ordinances
or resolutions.
5.
The Township shall provide information to the AWA regarding changes
in the list of commercial and industrial users connected to the Township
sewer system, which discharges into the Easterly and/or Westerly Wastewater
Treatment Facility, upon request from the AWA. Such information shall
include new commercial or industrial users, commercial or industrial
users that have been disconnected or have gone out of business, changes
in ownership of existing commercial or industrial users, or other
similar information readily available to the Township.
[Ord. 07-15-99; as amended by Ord. 12-09-10]
1.
The Township recognizes its obligation to enforce its Township ordinances and resolutions, and the Township hereby covenants that it will enforce its ordinance or resolution. The Township also recognizes that the AWA, as the author of the Industrial Pretreatment Program, has knowledge regarding the intent and interpretation of the Wastewater System Regulations which includes the Industrial Pretreatment Program and requirements. In addition, the Township, intending to ensure that all commercial and industrial users, which discharges into the Easterly and/or Westerly Wastewater Treatment Facility, are treated equitably, recognizes that guidance from the AWA may be necessary to achieve such a goal. Therefore, the Township shall coordinate its enforcement actions by means of the provisions of Subsection 4 of this § 503.
2.
If the AWA determines that the Township, through action or inaction, has hindered the proper operation, administration or enforcement of the Industrial Pretreatment Program in the Altoona City Sewer District of Logan Township and the portions of the Logan Township Sewer District served by the AWA, and following notice by the AWA of such hindrance, the Township fails to remedy the identified condition, the AWA may invoke its authority to enforce the provisions of the Township ordinance or resolutions as provided in Subsection 2 of § 502, and thereafter enforce the Industrial Pretreatment Program in the Altoona City Sewer District and the portions of the Logan Township Sewer District served by the AWA, and all the provisions of this Part 5, including the imposition of various penalties on commercial and industrial users located within the Township, which discharges into the Easterly and/or Westerly Wastewater Treatment Facility. Alternatively or simultaneously, the AWA may develop a remedial plan, containing a description of the nature of the problem, an enumeration of the remedial steps to be taken by the Township, and a time schedule for implementing each step. If the Township fails or refuses to satisfy the terms of such a plan, the AWA may induce fines and/or institute a show-cause hearing as specified in the AWA Wastewater System Regulations.
3.
The enforcement of this Part 5 in respect to persons not otherwise
considered commercial or industrial users is the responsibility of
the Township, and the AWA is not authorized to enforce the Township
ordinances or resolutions in such instances, nor may it invoke its
status as an agent to enforce Township ordinances or resolutions against
persons not otherwise considered commercial or industrial users; provided,
however, that the AWA retains its legal rights to seek appropriate
equitable or judicial relief for grievances against all persons as
provided by law.
4.
The AWA shall provide guidance and coordination to the Township so
as to ensure that the provisions of the Industrial Pretreatment Program
are enforced uniformly and equitably. The Township shall consult the
AWA in the enforcement of the Township ordinances or resolutions to
ensure that enforcement actions taken by one are consistent with the
other. The AWA shall make available upon request by the Township,
for examination and copying, all records and documents pertaining
to the enforcement of the Industrial Pretreatment Program in the Altoona
City Sewer District of Logan Township and those portions of the Logan
Township Sewer District served by the AWA. The Township shall advise
the AWA of all actions taken in the enforcement of the Township ordinances
or resolutions, and, upon request from the AWA shall provide copies
of all relevant documents in regard to enforcement of such ordinances
or resolutions.
[Ord. 07-15-99; as amended by Ord. 12-09-10]
1.
In order to recover costs for sampling, analysis, surcharges, permit
application fees, and fines for enforcing the Industrial Pretreatment
Program, the AWA shall assess and collect fees of commercial and industrial
users located within the Township per the AWA's wastewater charge
system. Such fees are considered separate from the user fees established
by the Township and shall be billed directly to Logan Township for
those commercial and industrial users.
2.
The AWA will maintain the wastewater charge system which lists a
fee schedule and provides for fees and surcharges for the acceptance
and treatment of wastewater containing amounts of compatible pollutants
in excess of those normally discharged by commercial and industrial
users to the Easterly and/or Westerly Wastewater Treatment Facilities.
