[HISTORY: Adopted by the Borough Council of the Borough of Norristown as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-1992 by Ord. No. 92-31]
The Borough Council of the Borough of Norristown (the "borough") hereby signifies its intention and desire to organize an Authority under the provisions of the Municipality Authorities Act of 1945, Act of May 2, 1945, P.L. 382, as amended (the "Act").
Editor's Note: See 53 P.S. § 301 et seq.
The President or Vice President of the Borough Council and the Borough Secretary are directed to execute on behalf of the borough Articles of Incorporation for said Authority in substantially the form attached as Exhibit A hereto.
The Borough Secretary is hereby directed to cause a notice of the substance of this chapter, including the substance of the above Articles of Incorporation described in § 63-2 and the proposed date for filing the Articles of Incorporation as set forth in § 63-4 hereof, to be published once in the Times Herald, a newspaper published and of general circulation in the borough, and in the Montgomery County Law Journal, the legal journal designated by the Rules of Court for the publication of legal notices in the County of Montgomery as required by the Act.
The President or Vice President of the borough and the Borough Secretary are directed to file the Articles of Incorporation described in § 63-2 above, together with the necessary proofs of publication, with the Secretary of the Commonwealth, and to do all other acts and things necessary or appropriate to effect the incorporation of such Authority as soon as practicable after passage of this chapter.
The initial project to be undertaken by said Authority is to acquire, hold, construct, finance, improve, maintain, operate, own and lease, either in the capacity of lessor or lessee, presently existing sewer treatment works, interceptors, sewer lines and such additions as may be constructed or added thereto and all other facilities in connection therewith.
The following named persons be and they hereby are appointed as the first members of the Board of the Authority, whose initial terms of office shall commence on the date of appointment and filing of the Articles of Incorporation and shall continue for the periods set forth.
Editor's Note: The names of the members of the Board of the Authority are on file in the Borough Office.
[Adopted by the Municipal Council 9-15-2009]
Pursuant to the power vested in the Municipality by § 258-12 to authorize an agent to stop and prevent the discharge of any substances into the sanitary sewer system that may be detrimental to the sanitary sewer system or the sewage treatment plant, the Municipality hereby authorizes and appoints the Norristown Municipal Waste Authority (NMWA) as the Municipality's agent for such purposes.
The actions of NMWA in stopping and preventing the discharge of wet weather flows into the sanitary sewer system shall be limited to:
Entering upon any exterior portion of any property in the Municipality at all reasonable times between the hours of 7:00 a.m. and 9:00 p.m., prevailing time, with seven days' written advance notice to the owner, lessee or occupier of the property (unless exigent circumstances require otherwise), for the purpose of obtaining information, conducting routine or systemic inspections, and televising, dye and/or smoke testing the stormwater system, downspouts, roof leaders, vents or cleanouts and/or the sanitary sewer lateral connection to the property to determine whether any illegal stormwater or surface water is entering the sanitary sewer system.
Upon determining that remedial work is required related to the elimination of the illegal or improper stormwater and surface water connection flows, undertaking to have the necessary remedial work completed by the NMWA's employees or a third-party at the sole cost and expense of the NMWA.
Instituting any suit in equity to restrain, prevent, remove or correct any connection, device or condition from and/or to the sanitary sewer system.
Prior to the adoption of this article, the NMWA shall execute and deliver to the Municipality a release, defend, indemnify and hold-harmless agreement, which shall be attached to this article as Exhibit A and incorporated herein by reference as if set forth herein at length.
Editor's Note: The agreement is on file in the Municipality's office.
Prior to the adoption of this article, the NMWA shall present to the Municipality a certificate of insurance naming the Municipality as an additional named insured, with proof of general liability insurance in the amount of $1,000,000 per occurrence and $3,000,000 in the aggregate.
The powers conferred by this article shall be in addition to and not in limitation or substitution of any other powers conferred upon NMWA to enforce and require the elimination of illegal stormwater and surface water connections or infiltration of ground or subsurface water to the NMWA sanitary sewer system.
Nothing in this article shall limit the Municipality's right to enforce its ordinances, resolutions and regulations. Nothing in this article shall be a defense to any citation issued by the NMWA, the Municipality or the Commonwealth of Pennsylvania pursuant to any other law, ordinance or resolution.