This article is adopted to promote and protect the public health,
safety, comfort, convenience and other aspects of the general welfare.
These general goals include, among others, the specific enforcement
of the various regulations promulgated by the Delaware County Regional
Water Quality Control Authority (DELCORA), the United States Environmental
Protection Agency (USEPA) and the Pennsylvania Department of Environmental
Protection (PADEP) and such other agencies which may succeed the aforementioned
agencies to implement the Delaware County Wastewater Management Plan,
the national pretreatment standards, Code of Federal Regulations 40
CFR 401 et seq.
[Amended 1-13-1997 by Ord. No. 569, approved 1-13-1997[1]]
Editor's Note: Sections 2 and 3 of this ordinance also
provided as follows:
"Section 2. Amendments to regulations.
The DELCORA standards, rules and regulations, adopted by Eddystone
Borough Ordinance No. 552 as Eddystone Borough's Wastewater Treatment
regulations, are amended as provided by DELCORA Resolution Nos. 95-06
and 95-12, which are attached hereto, made part hereof and identified
as Exhibits A and B, respectively.
Section 3. Local limitations.
The Western Area local limitations for discharge of wastewater
as provided by DELCORA Resolution 91-05, as amended and codified through
October 1996, which is attached hereto, made a part hereof and identified
as Exhibit C, are adopted as the local limitations for all discharges
of wastewater within the Borough of Eddystone."
The DELCORA Standards, Rules and Regulations are hereby adopted by
Eddystone Borough to govern the conduct of all discharges to the DELCORA
Wastewater Management System.
It is intended that this article provide for the enforcement and
prosecution of the DELCORA Standards, Rules and Regulations and the
national pretreatment standards.
It is the specific intent of this article to provide the means of
enforcement of the national pretreatment standards promulgated by
the United States Environmental Agency as set forth in 40 CFR § 401
et seq. (1983) pursuant to the Clean Waters Act, as amended, 33 U.S.C.
§ 1251 et seq.
The DELCORA Standards, Rules and Regulations shall be minimum standards
and shall apply uniformly to each class or kind of user within the
Borough of Eddystone.
The Borough Council of the Borough of Eddystone hereby ordains and
establishes that any person, firm or corporation who fails or refuses
to comply with the DELCORA Standards, Rules and Regulations, embodied
in DELCORA Resolution No. 91-03, adopted May 22, 1991, as the same
may be amended from time to time, which is incorporated hereby by
reference and attached hereto as Exhibit A,[1] shall be subject to the penalties set forth in this article.
Any person, firm or corporation who shall violate any provision of
this article shall be subject to pay a fine of up to $1,000 dollars
or the maximum legal limit of the fining authority, whichever is greater,
and/or, upon conviction thereof, be sentenced to imprisonment for
a term not to exceed 90 days. Every day that each violation of this
article and/or DELCORA's Standards, Rules and Regulations, as
amended, continues shall constitute a separate offense.
The Borough of Eddystone hereby appoints DELCORA or DELCORA's
designee as its agent having the power of the Borough of Eddystone
to institute proceedings in the name of the Borough of Eddystone against
any and all persons, firms or corporations who violate the provisions
of this article.
In cases involving the enforcement of this article, the Solicitor
of DELCORA or DELCORA's designee may cause subpoenas to be issued
for witnesses for the prosecution and may conduct the hearing on behalf
of the Borough of Eddystone.