[Adopted 6-14-1984 by Ord. No. 1452, approved 6-14-1984; amended in
its entirety 3-10-1988 by Ord. No. 1577, approved 3-10-1988]
The foregoing preamble is incorporated into
the substantive body of this article as the legislative history and
background for this enactment and shall be used in interpreting and
enforcing the provisions hereof in order to achieve compliance with
and fulfillment of the purposes set forth therein.[1]
[1]
Editors Note: The preamble to Ord. No. 1577
is on file in the office of the Borough Secretary.
[Amended 9-14-2000 by Ord. No. 1927, approved 9-14-2000 ; 3-10-2005 by Ord. No.
2032, approved 3-10-2005; 11-12-2009 by Ord. No. 2123,
approved 11-21-2009; 4-11-2019 by Ord. No. 2334, approved 4-11-2019]
The Borough has heretofore enacted and adopted the "Carlisle
Regional Wastewater Treatment Facilities Pretreatment Program, January
1988," by Ordinance No. 1577, enacted March 10, 1988, which program
has been amended on March 1, 1988, September 14, 1989, June 19, 1990,
September 12, 1991, June 9, 1993, July 1, 2001, June 17, 2008, and
November 12, 2009. The Carlisle Regional Wastewater Treatment Facilities
Pretreatment Program (as amended, being referenced collectively herein
as "Program") is hereby amended by the ninth amendment to Carlisle
Regional Wastewater Treatment Facilities Pretreatment Program in the
form attached hereto as Exhibit A.[1] The Program, as amended hereby, shall be kept on file
in the office of the Borough Secretary. The Program may be further
amended from time to time by ordinance of the Borough Council, which
amendments, upon adoption, shall be fully enforceable as if set forth
herein in full and shall be kept on file in the office of the Borough
Secretary. The Program, as amended hereby and hereafter, shall, inter
alia, be binding upon users as defined therein in all respects, including
but not limited to imposing liability upon users for damages to Carlisle
Borough under certain circumstances; and violations of said Program,
as amended, including but not limited to violations of permits issued
thereunder, shall constitute violations of this article.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
[Amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005]
This Borough hereby enters into the Intermunicipal
Pretreatment Agreement in the form attached hereto as Exhibit B,[1] the substantive portions of which are deemed to comply
with the specification of elements thereof as required under Section
7 of the Act of July 12, 1972, P.L. 762, No. 180, as amended (53 Pa.C.S.A.
§ 2301), hereby authorizing the President of Borough Council
and the Borough Secretary to execute said agreement, all in furtherance
and compliance with said Act of July 12, 1972, P.L. 762, No. 180,
as amended (53 P.S. § 481 et seq.).[2]
Charges and fees as provided for in the pretreatment program shall be set forth in Chapter 120, Fees, as enacted and ordained and as may be from time to time amended.
The Director, as defined in the pretreatment
program, is hereby authorized and directed to exercise and perform
all actions, functions and responsibilities, including but not limited
to commencing and prosecuting any legal actions, civil or criminal,
and of whatever nature, deemed by him or her necessary to the proper
operation or enforcement of this article, including the pretreatment
program adopted hereby, in the name of Carlisle Borough. Any code
enforcement officer of Carlisle Borough is granted enforcement authorization
as well; and nothing herein is intended to preclude enforcement by
Carlisle Borough law enforcement officers generally.
In addition to other liabilities provided for
in the pretreatment program, any person, firm, partnership, corporation,
association or other entity who shall violate any provision of this
article, including the pretreatment program adopted hereby and not
excluding requirements and conditions of permits issued thereunder,
shall, for each and every violation, be guilty of a summary offense
and be sentenced to pay a fine of not more than $300, restitution
and costs of prosecution, and in default of payment thereof to imprisonment
for not more than 30 days. Each day's continuation of a violation
of any such provision shall constitute a separate violation.
If any provision, section, sentence, clause
or portion of this article, including the pretreatment program adopted
hereby, shall be held invalid or unconstitutional by any court of
competent jurisdiction, such invalidity or unconstitutionality shall
not affect any other provision, section, sentence, clause or portion
of this article, including said pretreatment program, which shall
continue and remain in full force and effect.
