[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; 1-9-2025 by Ord. No. 2452, approved 1-9-2025]
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, November 12, 2009, and April 11, 2019. The Carlisle Regional Wastewater Treatment Facilities Pretreatment Program (as amended, being referenced collectively herein as "Program") is hereby amended by the 10th 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]
[1]
Editor's Note: The "Intermunicipal Pretreatment Agreement," adopted by Ordinance No. 1577, March 10, 1988, is on file in the office of the Borough Secretary.
[2]
Editor's Note: See now 53 Pa.C.S.A. § 2301 et seq.
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.