[Adopted 5-13-1992 by Ord. No. 447]
This article shall be known and may be cited as the "Borough of Aldan Wastewater Treatment Article."
[Amended 3-12-1997 by Ord. No. 468]
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), 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 and the National Pretreatment Standards, 40 CFR 401 et seq.
All words, phrases and abbreviations as contained within this article shall have the meaning(s), definitions, connotation and import and shall be construed pursuant to Section 107 of the DELCORA Standards, Rules and Regulations of 1991, as it may be amended from to time, originally adopted May 22, 1991, via DELCORA Resolution No. 91-03.
A. 
The DELCORA Standards, Rules and Regulations of 1991, as adopted by DELCORA Resolution No. 91-03 on May 22, 1992, are hereby adopted by the borough to govern the conduct of all discharges to the DELCORA wastewater management system.
B. 
Amendments to regulations. The DELCORA Standards, Rules and Regulations adopted by the Borough of Aldan through Ordinance No. 447 as the borough's wastewater treatment regulations are amended as provided by DELCORA Resolution Nos. 95-06 and 95-12 which are attached hereto, made a part hereof and identified as Exhibits A and B respectively.[1]
[Added 3-12-1997 by Ord. No. 468]
[1]
Editor's Note: Exhibits A and B are on file in the borough offices.
C. 
It is intended that this article provide for the enforcement and prosecution of the DELCORA Standards, Rules and Regulations and the National Pretreatment Standards.
D. 
It is the specific intent of this article to provide a means of enforcement of the National Pretreatment Standards promulgated by the United States Environmental Protection Agency as set forth in 40 CFR 401 et seq. (1983) pursuant to the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
E. 
The DELCORA Standards, Rules and Regulations shall be minimum standards and shall apply uniformly to each class or kind of user within the borough.
F. 
Local limitations. The Eastern Area Local Limitations for discharge of wastewater as provided by DELCORA Resolution No. 91-04, which is attached hereto, made a part hereof and identified as Exhibit C,[2] are adopted as the local limitations for all discharges of wastewater within the Borough of Aldan.
[Added 3-12-1997 by Ord. No. 468]
[2]
Editor's Note: Exhibit C is on file in the borough offices.
A. 
Prohibited acts or omissions. Any person who fails or refuses to comply with the DELCORA Standards, Rules and Regulations of 1991, embodied in DELCORA Resolution No. 91-03, adopted May 22, 1991, as may be amended from time to time, which is incorporated herein by reference and attached hereto as Appendix A,[1] shall be subject to the enforcement remedies, penalties and sanctions set forth within this article.
[1]
Editor's Note: Said Appendix A is on file in the borough offices.
B. 
Enforcement remedies.
(1) 
DELCORA or the borough, or the authorized representatives of each, may, in addition to other remedies, institute in the name of the borough any and all appropriate civil, equitable or administrative actions or proceedings to prevent, restrain, correct or abate any violation of this article committed any person violates any provision of this article.
(2) 
Any person who has violated any provision of this article shall be subject to a civil enforcement proceeding commenced by the borough or DELCORA, in the name of the borough; upon being found liable for the same, a judgment in the form of a civil fine or penalty of not more than $1,000 or the maximum amount permitted by law, whichever is greater, shall be imposed, in addition to all court costs, expenses and attorney's fees incurred by the borough or DELCORA as a result of said civil enforcement proceeding.
(3) 
Any action or proceeding initiated pursuant to Subsection B(1) or (2) above shall be commenced before the court having appropriate jurisdiction and venue.
(4) 
If the defendant in any action commenced pursuant to Subsection B(1) or (2) above neither pays nor timely appeals the judgment, the borough or DELCORA may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(5) 
Each day that a violation continues shall constitute a separate violation.
(6) 
All judgments, costs, expenses and attorney's fees imposed as a result of any proceedings commenced pursuant to Subsection B(1) or (2) above shall be paid to the borough or DELCORA.
C. 
Enforcement penalties.
(1) 
Any person who shall violate any of the provisions of this article shall, upon conviction, be guilty of a summary offense punishable by a fine not to exceed $1,000 or the maximum amount permitted by law, whichever is greater, and/or a term of incarceration not to exceed 30 days, in addition to all court costs, expenses and attorney's fees incurred by the borough or DELCORA.
(2) 
Each day that a violation continues shall constitute a separate violation.
D. 
Concurrent jurisdiction.
(1) 
Both the borough and DELCORA shall have concurrent jurisdiction to enforce this article, pursuant to the provisions of Subsections A, B and C above, so long as DELCORA meets or exceeds the notice requirements contained within Subsection D(2) below.
(2) 
The borough hereby appoints DELCORA or its designee as its agents having the power of the borough to institute any proceedings contained within this article in the name of the borough against any and all persons who violate the provisions of this article, so long as DELCORA, prior to initiating any criminal, civil, equitable, administrative or other legal proceeding or cause of action, places the President of Borough Council and the Borough Solicitor upon notice of the commencement of such action(s) or proceeding(s) within 15 days of such. Failure by DELCORA to comply with this notice agreement may vitiate the aforementioned appointment upon that particular violation, in the discretion of the Borough Council.
(3) 
In any action or proceeding brought by DELCORA pursuant to this article, DELCORA or its designee may cause subpoenas to be issued for witnesses and may conduct any hearing, proceeding or action on behalf of the borough.