[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 12-11-1984 as Ord. No. 1048,
approved 12-11-1984. Amendments noted where applicable.]
This chapter 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 Resources (PADER), and such other agencies which
may succeed the aforementioned agencies.
It is intended that this chapter provide for the enforcement
and prosecution of the standards, rules and regulations adopted by
DELCORA, USEPA and PADER.
It is the specific intent of this chapter to provide
the means of enforcement of the General Pretreatment Standards promulgated
by the United States Environmental Protection Agency as set forth
in 40 CFR 403 et seq. (1983) pursuant to the Clean Water Act, as amended,
33 U.S.C. § 1251 et seq.
The regulations set forth by DELCORA shall be the
minimum regulations and shall apply uniformly to each class or kind
of user within the Borough of Prospect Park.
The Borough of Prospect Park hereby ordains and establishes
that any person, firm or corporation who fails or refuses to comply
with the standards, rules and regulations of the Delaware County Water
Quality Control Authority, as embodied in DELCORA Resolution Number
84-3, adopted July 17, 1984, as amended, which is incorporated herein
by reference and attached hereto as Appendix A,[1] shall be subject to the penalties set forth in this chapter.
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300 and/or to imprisonment for a term
not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate offense.
The Borough of Prospect Park may appoint the Delaware
County Regional Water Quality Control Authority (DELCORA) as its agent
having the power of the Borough of Prospect Park to institute proceedings
in the name of the Borough of Prospect Park against any and all persons,
firms or corporations who violate the provisions of this chapter.
In cases involving the prosecution of this chapter,
the Solicitor of the Delaware County Regional Water Quality Control
Authority (DELCORA) shall subpoena all witnesses for the prosecution
and conduct the hearing on behalf of the Borough of Prospect Park.