[Adopted 12-5-1994 by Ord. No. 276-94]
This article:
A.
Requires
all users of the Easttown sanitary sewer system (the "sewer system")
to comply with and the use of the sewer system to be in compliance
with the rules and regulations promulgated and adopted by the Valley
Forge Sewer Authority, as the same may be from time to time amended
(the "applicable regulations"), all applicable regulations promulgated
by the United States Environmental Protection Agency (the "USEPA"),
including without limitation the pretreatment standards promulgated
by the USEPA from time to time as codified in Chapter 40 of the United
States Code of Federal Regulations (the "CFR"), Part 403, and all
applicable regulations promulgated from time to time by the Pennsylvania
Department of Environmental Protection (the "PaDEP"), as published
in the Pennsylvania Code; and
B.
Establishes
the means of enforcing those regulations through the penalty and enforcement
provisions of this article.
The standards, rules and regulations governing the acceptance
of industrial waste, trucked industrial waste, holding tank waste
and septage and the industrial waste and trucked industrial waste
control program, monitoring program and enforcement response plan,
adopted and promulgated by the VFSA, as the same are from time to
time amended (the "VFSA regulations"), also referred to herein as
the "applicable regulations," are hereby adopted and enacted as the
minimal standards, rules and regulations of Easttown Township, applicable
to all users of and the use of the sewer system and all facilities
appurtenant to and forming a part thereof of whatever nature or description.
The said standards, rules and regulations are appended to this article
and made a part hereof. From and after the adoption of this article,
any and all users of and use of the sewer system shall comply with
all of the VFSA regulations (the "applicable regulations"), all administrative
and other requirements pertaining thereto, and all applicable regulations
promulgated by the USEPA and the PaDEP.
Without limiting any other section of this article, it shall
be a violation of this article for any person, as that term is defined
in the VFSA regulations, to:
A.
Discharge sewage or waste, as those terms are defined in the VFSA
regulations, into the sewer system, when such discharge is not in
compliance with this article, the VFSA regulations, any applicable
industrial waste discharge permit requirements, or the National Categorical
Pretreatment Standards, as those terms are defined in the VFSA regulations,
or any order issued by Easttown Township in connection with the administration,
implementation or enforcement of this article.
B.
Otherwise violate or fail or refuse to comply in any way with the
VFSA regulations, including but not limited to securing all permits
and licenses from and approvals of all regulatory authorities having
jurisdiction and filing all reports with said authorities, as and
when required, or fail to comply with any order, permit, or license
issued pursuant to the VFSA regulations or this article.
The Easttown Township Solicitor is hereby authorized and empowered
to bring actions at law or in equity to restrain or abate violations
of this article and the VFSA regulations and any order, permit or
license issued pursuant thereto, to secure legal redress for such
violations, or to enforce the provisions of this article and the VFSA
regulations and the provisions of any order, permit or license issued
pursuant thereto. If the Township is granted relief in any such action,
the violator against whom any such action has been brought shall,
in addition to any fine or penalty imposed, be required to reimburse
and pay to the Township all of the Township's costs incurred
in such legal proceeding, including but not limited to its attorney
fees.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution, including reasonable
attorneys' fees. In default of payment thereof, the defendant may
be sentenced to imprisonment for a term not exceeding 90 days. Each
day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense.[1]
B.
Any person, as defined in the VFSA regulations, who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article, the VFSA regulations or any industrial waste discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required thereunder, shall be in violation of this article and shall be subject to prosecution under the penalty provisions of Subsection A of this section and shall, in addition, be subject to prosecution in accordance with the provisions of the Pennsylvania Crimes Code pertaining to perjury and falsification in official matters, 18 Pa.C.S.A. § 4901 et seq.
