[Ord. No. 707, 5/7/2007]
1. 
As used in this Part 1, the following words and terms shall be construed as follows:
AUTHORITY
The McDonald Sewage Authority, as presently or hereafter constituted.
PERSON
Includes natural persons, partnerships, organizations and corporations.
REGULATIONS OF THE AUTHORITY
Such rules and regulations as the Authority may from time to time adopt and promulgate with respect to any matter affecting the maintenance and operation of the sewerage system and with respect to the collection of sewer rentals imposed by this Part.
SEWER
All sanitary sewers, all lateral sewer service connections and all main collecting sewers and trunk lines included in the sewerage system.
SEWERAGE SYSTEM
The existing sewerage facilities within the service area of the Authority, together with all renewals, replacements, additions, extensions and enlargements from time to time made with respect thereto; but does not include stormwater sewers.
USERS
All persons owning or occupying property having connections to the sewerage system.
WATER COMPANY
The entity providing public water to McDonald Borough and any successor thereto.
[Ord. No. 707, 5/7/2007]
All persons owning improved property within the Borough which abuts on or adjoins any street or right-of-way in which there now is or shall hereafter be a sewer shall, at their own expense, within three months after the effective date of this Part 1, or within three months after the construction of any new sewer, make connection with such sewer in the manner prescribed by this Part or in accordance with the regulation of the Authority, for the purpose of discharge into such sewer such drainage or waste matter as is specified in this Part 1 or as may from time to time be specified by the regulations of the Authority.
[Ord. No. 707, 5/7/2007]
From and after the effective date of this Part, it shall be unlawful for any person to discharge or to permit to be discharged into any sewer any roof or surface water, or the flow from any groundwater collection system, or any matter determined by the regulations of the Authority to be dangerous or harmful to, or the discharge of which into a sewer would adversely effect, the sewerage system or the functioning thereof, or the process of sewage treatment and disposal; or to discharge or to permit to be discharged into any sewer any industrial or process waste which is not preliminarily treated in the manner from time to time prescribed by the regulations of the Authority in order to make them reasonably harmless to the sewerage system and to the processes of sewage treatment and disposal. In addition, it shall be unlawful for any person to discharge or to permit to be discharged into any sewer any substance which is prohibited by the specifications and terms set forth in this Part. All persons and entities shall comply with the terms and conditions set forth in this Part and shall be liable for all penalties for any violation hereof.
[Ord. No. 707, 5/7/2007]
1. 
Observation Facilities. Where required by the Authority, any user other than a domestic user shall install a suitable manhole or other appropriate means for observation to facilitate observation, sampling and measuring of wastes. Such manhole, when required, shall be accessibly and safely located and shall be constructed in accordance with plans approved by the Authority. The manhole shall be installed by the user at his expense and shall be maintained by him in a safe condition at all times.
2. 
Inspection. The Authority or its authorized agent shall be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling and testing in accordance with the regulations of the Authority and of this Part.
3. 
Notice of Change in Character of Waste. Any user who discharges industrial or process wastes into any sewer and who shall change his methods of operation so as to alter the type of waste previously discharged shall notify the Authority 10 days previous to such change, in order that the Authority may have the opportunity to sample the wastes and determine whether or not such wastes will be injurious to the sewage system.
[Ord. No. 707, 5/7/2007]
The owners of properties served by the sewerage system and the users of water in or on said properties shall be jointly and severally liable for the compliance with the terms set forth herein, the payment of the sewer rentals and penalties hereby imposed.
[Ord. No. 707, 5/7/2007]
The Authority is hereby authorized, empowered and appointed, for and on behalf and as agent of the Borough, to collect the sewer rentals and penalties hereby imposed, either from the owners of the properties receiving sewerage service or from the users of water upon said properties, or from both the owners and the water users; and to enforce the provisions herein and the payment of such sewer rentals and penalties in any manner now or hereafter authorized by law.
[Ord. No. 707, 5/7/2007]
The sewer rentals and penalties hereby imposed shall be a lien on the property served, and all delinquent bills therefor shall be entered as a lien against such property; and such lien shall be filed in the office of the Prothonotary of Allegheny and/or Washington County, Pennsylvania, and collected in the manner provided by law for the filing and collection of municipal claims.
[Ord. No. 707, 5/7/2007]
It shall be unlawful for any person, firm or corporation to place or cause to be placed any gasoline, oil, grease or volatile liquid in any storm sewer within the limits of the Borough of McDonald, subject to the terms set forth in this Part.
[Ord. No. 707, 5/7/2007]
Any person, firm or corporation who shall violate any provision of this Part 1 shall, upon conviction thereof, be sentenced to pay a fine of not more $600 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this Part 1 continues shall constitute a separate offense.
[Ord. No. 707, 5/7/2007]
1. 
Purpose and Policy. This Part sets forth uniform requirements for users of the publicly owned treatment works owned by the McDonald Sewage Authority (hereinafter the "Authority") and enables the Authority, in cooperation with the Borough of McDonald, to comply with all applicable state and federal laws, including the Clean Water Act (33 U.S.C. § 1251 et seq.) and the general pretreatment regulations (40 CFR Part 403). The objectives of this Part include the following:
A. 
To prevent the introduction of pollutants into the publicly owned treatment works that will interfere with its operation.
B. 
To prevent the introduction of pollutants into the publicly owned treatment works that will pass through the publicly owned treatment works, inadequately treated, into receiving waters or otherwise be incompatible with the publicly owned treatment works.
C. 
To protect both publicly owned treatment works personnel who may be affected by wastewater and sludge in the course of their employment and the general public.
D. 
To provide for fees, regulations and penalties for the equitable distribution of the cost of operation, maintenance and improvement of the publicly owned treatment works.
E. 
To enable the Authority to comply with any and all disposal requirements and any other federal or state laws to which the publicly owned treatment works is subject.
2. 
This Part shall apply to all users of the publicly owned treatment works. This Part authorizes the monitoring, compliance and enforcement activities, establishes administrative review procedures and requires user reporting.
3. 
Administration. Except as otherwise provided herein, the Authority shall administer, implement and enforce the provisions of this Part. Any powers granted to or duties imposed upon the Authority may be delegated by the Manager to other Authority personnel.
4. 
Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Part, shall have the meanings hereinafter designated.
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
APPROVAL AUTHORITY
The regional administrator of the Environmental Protection Agency.
AUTHORITY
The McDonald Sewage Authority, an authority created under the Municipal Authorities Act of 1945,[1] which has authority over indirect discharges to and discharges from its publicly owned treatment works.
AUTHORIZED REPRESENTATIVE OF THE USER
A. 
If the user is a corporation:
(1) 
The President, Secretary, Treasurer or a Vice President of the corporation in charge of a principal business function or any other person who performs similar policy-making or decisionmaking functions for the corporation.
B. 
If the user is a partnership or sole proprietorship, the general partner or proprietor, respectively.
C. 
If the user is a federal, state or local government facility, a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility or such person's designee.
D. 
The individuals described in Subsections A through C, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company and the written authorization is submitted to the Authority.
BOROUGH
The Borough of McDonald, or the Mayor and Council of McDonald, Pennsylvania.
ENVIRONMENTAL PROTECTION AGENCY or EPA
The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.
INDUSTRIAL USER
An establishment which discharges or introduces industrial waste into a publicly owned treatment works.
MANAGER
The person designated by the Authority to supervise the operation of the POTW and who is charged with certain duties and responsibilities by this Part, or a duly authorized representative.
PASS-THROUGH
A discharge which exits the publicly owned treatment works or system operated by the Authority into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of violation of any requirement of the Authority's NPDES permit, including an increase in the magnitude or duration of a violation.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal representatives, agents or assigns. This definition includes all federal, state and local governmental entities.
pH
A measure of the acidity or alkalinity of a solution, expressed in standard units.
POLLUTANT
Dredged soil, solid waste, incinerator residue, oil, grease, filter backwash, sewage, garbage, sewage sludge, munitions, medial wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes and certain characteristics of wastewater (e.g., pH, temperature, TSS turbidity, color, BOD, COD, toxicity or odor).
PUBLICLY OWNED TREATMENT WORKS or POTW
A publicly owned treatment works as defined by § 212 of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.[2]), which is owned by a state, municipality or authority, as defined by § 502(4) of the Federal Water Pollution Control Act.[3] The term includes devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to the POTW plant. The term also means:
A. 
A municipality, as defined in § 502(4) of the Federal Water Pollution Control Act, which has jurisdiction over indirect discharge to and discharges from this type of treatment works.
B. 
An authority created under the Act of May 2, 1945 (P.L. 382, No. 164), known as the Municipal Authorities Act of 1945,[4] which has jurisdiction over indirect discharges to and discharges from this type of treatment works.
SEPTIC TANK WASTE
Any sewage from holding tanks such as vessels, chemical toilets, campers, trailers and septic tanks.
SEWAGE
Human excrement and gray water (household showers, dishwashing operations, etc.).
STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODE
A classification pursuant to the "Standard Industrial Classification Manual" issued by the United States Office of Management and Budget.
STORMWATER
Any flow occurring during or following any form of natural precipitation and resulting from such precipitation, including snowmelt.
SUSPENDED SOLIDS
The total suspended matter that floats on the surface of, or is suspended in, water, wastewater or other liquid and which is removable by laboratory filtering.
USER
A source of indirect discharge.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[2]
Editor's Note: See 33 U.S.C. § 1292.
[3]
Editor's Note: See 33 U.S.C.A. § 1362.
[4]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
[Ord. No. 707, 5/7/2007]
1. 
Prohibited Discharge Standards Related to Oil and Grease Infiltration.
A. 
General Prohibitions. No user shall introduce or cause to be introduced into the publicly owned treatment works or system operated by the Authority the following pollutants, substances or wastewater:
(1) 
Any grease or petroleum oil, nonbiogradable cutting oil or products of mineral oil origin in amounts that will cause interference or pass-through.
(2) 
Any noxious or malodorous liquids, gases, solids or other substances or wastewater which, either singly or by interaction with other wastes, are sufficient to create a public nuisance or a hazard to life or to prevent entry into the sewers for maintenance or repair.
(3) 
Any fats, oils or greases of animal or vegetable origin in concentrations greater than 150 mg/l.
B. 
Pollutants, substances, materials or wastewater prohibited by this Part shall not be processed or stored in such a manner that they could be discharged to the publicly owned treatment works or systems operated by the Authority.
2. 
Authority's Right of Revision. The Authority reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharge to the POTW.
3. 
Dilution. No user shall ever increase the use of process water, or in any way attempt to dilute a discharge or other material or substance, as a partial or complete substitute for adequate treatment to achieve compliance with a discharge limitation unless expressly authorized by an applicable pretreatment standard or requirement. The Manager may impose mass limitations on users who are using dilution to meet applicable pretreatment standards or requirements, or in other cases when the imposition of mass limitations is appropriate.
[Ord. No. 707, 5/7/2007]
1. 
For all new commercial and industrial establishments, grease traps shall be provided in each building sewer, unless otherwise authorized by the Borough or its representative. The grease trap shall be appropriately sized for the establishment it is serving. The installation, service and maintenance of the grease trap shall be made at the expense of the property owner.
2. 
All existing commercial and industrial establishments shall be evaluated by the Borough for compliance with this chapter. If the existing commercial or industrial establishment is determined to need a grease trap, or if the size of the grease trap is determined to be inadequate or if the grease trap is difficult to pump and maintain due to its location, a new grease trap shall be installed at the expense of the property owner.
3. 
Interceptors and separators shall be provided to prevent the discharge of oil, grease, sand and other substances harmful or hazardous to the building drainage system, the public sewer, or sewage treatment plant or processes.
4. 
The size, type and location of each interceptor and of each separator shall be designed and installed in accordance with the manufacturer's instructions and the requirements of this section based on the anticipated conditions of use. Wastes that do not require treatment or separation shall not be discharged into any interceptor or separator.
5. 
A grease trap or grease interceptor shall be required to receive the drainage from fixtures and equipment with grease-laden waste located in food preparation areas, such as in restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias, or restaurants and clubs.
6. 
Where food waste grinders connect to grease traps, a solids interceptor shall separate the discharge before connecting to the grease trap. Solids interceptors and grease interceptors shall be sized and rated for the discharge of the food waste grinder.
7. 
Grease traps and grease interceptors shall conform to PDI-G101, ASME A112.14.3 or ASME A112.14.4 and shall be installed in accordance with the manufacturer's instructions.
8. 
Grease traps shall have the minimum grease retention capacity indicated in Table 1 for the flow-through rates indicated.
Table 1
Minimum Capacity of Grease Traps
Total Flow-Through Rating
(gpm)
Grease Retention Capacity
(pounds)
4
8
6
12
7
14
9
18
10
20
12
24
14
28
15
30
18
36
20
40
25
50
35
70
50
100
9. 
Grease traps shall be equipped with devices to control the rate of water flow so that the water flow does not exceed the rated flow. The flow-control device shall be vented and terminate not less than six inches above the flood rim level or be installed in accordance with the manufacturer's instructions.
10. 
At repair garages, car-washing facilities with engine or undercarriage cleaning capability and at factories where oily and flammable liquid wastes are produced, separators shall be installed into which all oil-bearing, grease-bearing or flammable wastes shall be discharged before emptying in the building drainage system or other point of disposal.
11. 
A mixture of treated or untreated light and heavy liquids with various specific gravities shall be separated in an approved receptacle.
12. 
Oil separators shall have a depth of not less than two feet below the invert of the discharge drain. The outlet opening of the separator shall have not less than an eighteen-inch water seal.
13. 
Where automobiles are serviced, greased, repaired or washed or where gasoline is dispensed, oil separators shall have a minimum capacity of six cubic feet for the first 100 square feet of area to be drained, plus one cubic foot for each additional 100 square feet of area to be drained into the separator. Parking garages in which servicing, repairing or washing is not conducted, and in which gasoline is not dispensed, shall not require a separator. Areas of commercial garages utilized only for storage of automobiles are not required to be drained through a separator.
14. 
Sand and similar interceptors for heavy solids shall be designed and located so as to be provided with ready access for cleaning, and shall have a water seal of not less than six inches.
15. 
Commercial laundries shall be equipped with an interceptor with a wire basket or similar device, removable for cleaning, that prevents passage into the drainage system of solids 0.5 inch or larger in size, string, rags, buttons or other materials detrimental to the public sewage system.
16. 
Optional. Bottling plants shall discharge process wastes into an interceptor that will provide for the separation of broken glass or other solids before discharging waste into the drainage system.
17. 
Optional. Slaughtering room and dressing room drains shall be equipped with approved separators. The separator shall prevent the discharge into the drainage system of feathers, entrails and other materials that cause clogging.
18. 
Interceptors and separators shall be designed so as not to become air-bound where tight covers are utilized. Each interceptor or separator shall be vented where subject to a loss of trap seal.
19. 
Access shall be provided to each interceptor and separator for service and maintenance. Interceptors and separators shall be maintained by periodic removal of accumulated grease, scum, oil or other floating substances and solids deposited in the interceptor or separator.
[Ord. No. 707, 5/7/2007]
1. 
For all new commercial and industrial establishments, grit chambers shall be provided in each building sewer, unless otherwise authorized by the Borough or its representative. The grit chamber shall be appropriately sized for the establishment it is serving. The installation, service and maintenance of the grit chamber shall be made at the expense of the property owner.
2. 
All existing commercial and industrial establishments shall be evaluated by the Borough for compliance with this chapter. If the existing commercial or industrial establishment is determined to need a grit chamber, or if the size of the grit chamber is determined to be inadequate, or if the grit chamber is difficult to pump and maintain due to its location, a new grit chamber shall be installed at the expense of the property owner.
3. 
Where the Borough has determined that a grease trap and grit chamber are required for a commercial or industrial establishment, a combination grease trap/grit chamber shall be provided in each building sewer. The installation, service and maintenance of the grease trap/grit chamber shall be made at the expense of the property owner.
[Ord. No. 707, 5/7/2007]
1. 
The requirements of this section shall apply: 1) to new or modified food service establishments; 2) to any existing food service establishment upon the sale/transfer thereof; and 3) to any existing food service establishments or other use determined by the Borough to be discharging FOG in sufficient quantities to require control.
2. 
Grease Interceptor Requirements. Users shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the requirements of this section. In addition, all grease interceptors must meet the minimum requirements of the Borough Plumbing Code.
3. 
Implementation. All facilities required to install a grease interceptor must obtain prior approval from the Borough and Authority with respect to grease interceptor design, sizing, etc., prior to installation. In the case of newly constructed facilities, or existing facilities with planned modifications or plumbing improvements, approval from the Borough shall be obtained prior to receipt of building permits from the Borough. In the case of newly sold food service establishments, the new owner shall obtain approval from the Borough prior to any discharge. In the case of an existing food service establishment or other users determined by the Borough to require control, the users shall submit the grease interceptor design and specifications for approval from the Borough within 45 days of notice by the Borough that such control is necessary, or as otherwise stated in the notice.
4. 
Definitions Relative to Food Service Establishments.
EXISTING FOOD SERVICE ESTABLISHMENTS
Any food service establishment existing on the date of enactment of the ordinance codified in this chapter.
MODIFIED FOOD SERVICE ESTABLISHMENT
An existing food service establishment undergoing material renovations, including without limitation renovations of the plumbing system or the addition of any equipment that may result in that change to the nature of the discharge to the POTW.
NEW FOOD SERVICE ESTABLISHMENTS
Any food service establishment which begins operation after the date of the enactment of the ordinance codified in this chapter.
SALE OF A FOOD SERVICE ESTABLISHMENT
The sale or transfer of operational control thereof.
5. 
Variance From Grease Interceptor Requirements. Grease interceptors required under this chapter shall be installed unless the Borough determines, in writing, that the installation of an indoor grease trap or other alternative pretreatment technology may be installed in lieu of a grease interceptor because the installation of a grease interceptor would not be reasonably feasible. The user bears the burden of demonstrating that the installation of a grease interceptor is not reasonably feasible. Conditions under which the installation of a grease interceptor would not be reasonably feasible may include instances in which the installation of a grease interceptor is not reasonably feasible due to space constraints. If an applicable user believes the installation of a grease interceptor is not reasonably feasible, it shall submit a written request for a determination by the Borough, containing the following information:
A. 
Location of sewer main and easement in relation to available exterior space outside building.
B. 
A description of and plans showing existing plumbing at the facility, including plans showing any common plumbing for all wastewater services at the facility.
C. 
An explanation as to why the installation of a grease interceptor is not reasonably feasible.
D. 
A description of a design plan for any alternative pretreatment technology (other than a grease interceptor) proposed to be installed to trap, separate and hold FOG from wastewater and prevent it from being discharged into the POTW. All alternative pretreatment technology must be appropriate.
E. 
A plan for regular maintenance of the alternative pretreatment technology.
6. 
Wastewater Discharge Limitations. No user shall allow wastewater-containing FOG discharged from any grease interceptor, grease trap or alternative pretreatment technology to exceed 100 mg/l.
7. 
Grease Interceptor Design/Operation.
A. 
Grease interceptor sizing and installation shall conform to the current edition of the International Plumbing Code or other applicable plumbing code used by the Borough.
B. 
Grease interceptors shall be constructed in accordance with the design approved by the Borough and shall have a minimum of two compartments with fittings designed for grease retention.
C. 
Grease interceptors shall be installed at a location where they shall be easily accessible for inspection, cleaning, and removal of intercepted grease. The grease interceptor may not be installed in any part of the building where food is handled. The Borough must approve the location of the grease interceptor.
D. 
All such grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability. These devices should be inspected at least monthly.
E. 
Grease interceptors shall provide for a minimum hydraulic retention time in accordance with the International Plumbing Code or other applicable plumbing code used by the Borough.
F. 
Grease interceptors shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle into this pocket and thereby reduce the effective volume of the device.
G. 
During the first year after installation, grease interceptors shall be pumped out at least semiannually, or when 75% of the system capacity is reached, whichever is more frequent. After the first year of use, grease interceptors must be pumped out at least annually or when no more than 75% of the system capacity is reached, whichever is more frequent. After two years of use, the pumping frequency may be reduced, upon written approval of the Borough, if adequate documentation can be shown that a reduced pumping frequency is sufficient to comply with the provisions of this section.
H. 
The user shall maintain a written record of inspection and maintenance of the grease interceptor for five years. Representatives of the Borough will make all such records available for on-site inspection.
I. 
Toilet wastes shall not be connected to sewer lines connected to grease interceptor service.
J. 
Access manholes, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.
8. 
Grease Trap Design/Operation.
A. 
In the event that the Borough approves the installation of a grease trap in lieu of a grease interceptor, such grease trap shall comply with the provisions of this section. Grease traps must be installed in the waste line leading from sinks, drains and other fixtures or equipment in food service establishments where FOG may be introduced into the discharge to the POTW in excess of 100 mg/l.
B. 
Grease traps sizing and installation shall conform to the International Plumbing Code or other applicable plumbing code used by the Borough.
C. 
No grease trap shall be installed which has a stated rate flow of more than 55 gallons per minute, nor less than 20 gallons per minute, except where specifically approved by the Borough in writing.
D. 
Grease traps shall be maintained in efficient operating conditions by periodic removal of the accumulated FOG. No such collected FOG shall be introduced into any drainage piping or public or private sewer. For the first year after installation, the trap shall be pumped out at least semiannually or when 75% of the capacity of the system is reached, whichever is more frequent. Thereafter, traps must be emptied out at least annually, or when no more than 75% of the capacity of the system is reached, whichever is more frequent. The Borough, in writing, can reduce this frequency if adequate documentation can be shown that a reduced pumping frequency is sufficient to comply with the provisions of this section.
E. 
No food waste disposal unit or dishwasher shall be connected to or discharge into any grease trap.
F. 
Wastewater in excess of 140° F. (60° C.) shall not be discharged into a grease trap.
[Ord. No. 707, 5/7/2007]
1. 
Injunctive Relief.
A. 
When the Manager finds that a user has violated or continues to violate any provision of this Part, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Manager may petition the Court of Common Pleas of Allegheny or Washington County through the Authority's Solicitor for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this Part on activities of the user. The Manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation.
B. 
A petition for injunctive relief shall not be a bar against, or a prerequisite for taking, any other action against a user.
C. 
Injunctive relief shall be granted against an industrial user pursuant to the Publicly Owned Treatment Works Penalty Law, set forth at 35 P.S. § 752.1 et seq.
2. 
Remedies Nonexclusive. The remedies provided for in this Part are not exclusive. The Manager may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the Authority's enforcement response plan. However, the Authority may take other action against any user when the circumstances warrant. Further, the Manager is empowered to take more than one enforcement action against any noncompliant user.
3. 
Regulations. The Authority is hereby empowered to undertake the duties imposed by this Part, including, but not limited to:
A. 
Establishing acceptable forms of security or guarantees.
B. 
Establishing the form of:
(1) 
Applications.
(2) 
Purchaser acknowledgements.
(3) 
Inspector certifications.
4. 
Adjustment of Fees. The Mayor and Council of McDonald Borough may, by resolution, change from time to time the fees authorized in this Part.
5. 
Conflict With Police Powers. Nothing in this Part shall limit in any fashion whatsoever the Borough's right to enforce its ordinances or the laws of the commonwealth. Nothing in this Part shall be a defense to any citation issued by any municipal corporation or the commonwealth pursuant to any other law or ordinance.
6. 
Penalties and Enforcement.
A. 
Any person who violates any provision of this Part may be charged with such violation and, upon conviction thereof, shall be sentenced to pay a fine of not more than $600 for each violation or, alternatively, sentenced to pay a fine of not more than the maximum permitted under Pennsylvania law, as the same may be from time to time amended and in effect as of the date of conviction. In default of payment of imposed fines, the offender may be imprisoned for a term not to exceed 30 days.
B. 
Whenever any person violating any of the provisions of this Part is notified of such violation in writing by the Authority or Borough, each day or portion thereof a violation occurs or continues shall constitute a separate violation.
C. 
In addition to and not in lieu of the foregoing, the Borough and/or Authority may seek equitable and legal relief to compel compliance with this Part.
7. 
Abrogation and Greater Restrictions. This Part supersedes any provisions of the Borough currently in effect with respect to the subject matter hereof. However, all other ordinances and regulations shall remain in full force and effect to the extent that those provisions are more restrictive.
8. 
Borough and Authority Liability. The degree of management sought by the provisions of this Part is considered reasonable for regulatory purposes. This Part shall not create liability on the part of the Borough or Authority, any appointed or elected official of the Borough and/or Authority or any officer, engineer or employee thereof for any damages that result from reliance on this Part or any administrative decision lawfully made thereunder.
1. 
This Part shall become effective immediately upon passage and advertising as required by law, subject to the terms set forth herein. Any ordinance or parts of ordinances inconsistent herewith are hereby repealed.
2. 
Remedies Not Mutually Exclusive. The remedies provided herein for the enforcement of this Part, or any remedy provided by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively at the option of the Borough Council.
3. 
Severabilty. If any sentence, clause, section or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Borough of McDonald that this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.