[Ord. 32, 1/24/1968, Art. IV, § 4.01]
Where an improved property, at the time connection to a sewer
is required, shall be served by its own sewage disposal system or
device, the existing house sewer line shall be broken on the structure
side of such sewage disposal system or device and attachment shall
be made, with proper fittings, to continue such house sewer line,
as a building sewer.
[Ord. 32, 1/24/1968, Art. IV, § 4.02]
No building sewer shall be covered until it has been inspected
and approved by this Township and the Authority. If any part of a
building sewer is covered before so being inspected and approved,
it shall be uncovered for inspection at the cost and expense of the
owner of the improved property to be connected to a sewer.
[Ord. 32, 1/24/1968, Art. IV, § 4.03]
Every building sewer of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
[Ord. 32, 1/24/1968, Art. IV, § 4.04]
Every excavation for a building sewer shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Streets, sidewalks and other public property disturbed in
the course of installation of a building sewer shall be restored,
at the cost and expenses of the owner of the improved property being
connected, in a manner satisfactory to this Township.
[Ord. 32, 1/24/1968, Art. IV, § 4.05]
If any person shall fail or refuse, upon receipt of a notice
of this Township or the Authority, in writing, to remedy any unsatisfactory
condition with respect to a building sewer, within 60 days of receipt
of such notice, this Township or the Authority may refuse to permit
such person to discharge sanitary sewage and industrial wastes into
the sewage collection system until such unsatisfactory condition shall
have been remedied to the satisfaction of this Township and the Authority.
[Ord. 32, 1/24/1968, Art. IV, § 4.06]
This Township reserves the right to adopt, from time to time,
additional rules and regulations as it shall deem necessary and proper
relating to connections with a sewer and the sewage collection system,
which additional rules and regulations, to the extent appropriate,
shall be and shall be construed as part of this Part.
[Ord. 32, 1/24/1968; as added by Ord. 655, 6/3/1996, §§ 1-7;
as amended by Ord. 830, 11/-/2003, §§ 1, 2]
1. Effective Date. This section shall be known as the "Industrial Pretreatment
Program (IPP) Ordinance," and the provisions hereof shall become effective
upon the date of enactment hereof, and shall remain in effect thereafter
unless the same be repealed.
2. Prohibited Wastes and Pollutant Limitations.
A. No person shall discharge, or cause or allow to be discharged, into
the sewer system, directly or indirectly, any pollutant, wastewater
or combination of wastewaters which will, alone or in conjunction
with other discharges, cause or contribute to interference or pass
through. To provide for the effective monitoring and control of discharges
to the sewer system, the Industrial Pretreatment Program resolution
adopted by the University Area Joint Authority on May 20, 1996, and
being Resolution Number 96-1 of said Authority, and as it may be amended
from time to time, is hereby incorporated, in its entirety, and made
a part hereof.
B. Effective November 19, 2003, the University Area Joint Authority
adopted a resolution, a copy of which is attached to this ordinance
as Appendix A, supplementing Resolution Number 96-001 of May 20, 1996,
cited in Subsection 2A above. The November 2003 UAJA Resolution regulates
local limits for industrial waste discharges through revisions to
existing limits and the establishment of limits for additional pollutants
and authorizes the enforcement of such limits and the inclusion of
local limits in wastewater discharge permits, and is hereby incorporated
in its entirety and made a part hereof.
C. The terms and definitions used in this section are defined as they
appear in the Industrial Pretreatment Program Resolution.
3. Fees. It is the purpose of this section to provide for the recovery
of costs from industrial users of the sewer system for the implementation
of the industrial pretreatment program established herein. The University
Area Joint Authority may establish a system of rates and charges for
implementation of the industrial pretreatment program authorized and
adopted by this section, which shall be applicable to users in the
Township.
4. Penalties.
A. Any person who violates any provisions of this section, or the orders,
rules, regulations and permits issued hereunder, may be subject to
a civil monetary penalty pursuant to applicable law. Each day on which
a violation shall occur or continue shall be deemed a separate and
distinct offense. In addition to the penalties provided herein, the
Township may recover reasonable attorney's fees, court costs,
court reporters fees and other expenses of litigation by appropriate
suit at law against the person found to have violated this section
or the orders, rules, regulations and permits issued hereunder. Except
for a violation which has been subject to a civil or criminal penalty
by the Township, nothing shall be deemed to preclude the University
Area Joint Authority from commencing an action seeking a penalty of
up to $25,000 per day for each violation, pursuant to the Publicly
Owned Works Penalty Law, Pennsylvania Act 9 of 1992, P.L. 32 (35 P.S.
§ 752.1 et seq.).
B. In addition to any applicable civil or criminal penalty, the user
is liable for:
(1)
All damage which its discharge causes to the sewer system or
University Area Joint Authority sewage treatment plant if that damage
is caused, in whole or in part, by the user's violation of its
wastewater discharge permit or any applicable law, ordinance, resolution,
regulation, rule or pretreatment requirement established by the Township
or the University Area Joint Authority.
(2)
Any penalty imposed upon the Township or the University Area
Joint Authority (whether by judicial or administrative order or the
settlement of a judicial or administrative penalty action) where the
liability of the Township or University Area Joint Authority was caused
by the user either alone or in conjunction with discharge(s) from
other source(s).
5. Remedies not Exclusive. The enumeration of remedies in Subsection
4 of this section and in the University Area Joint Authority Resolution does not restrict their application and shall not be deemed to preclude any other Township remedies, enforcement responses or other causes of action, including those available under common law. Nothing in this section, any enforcement response plan or any provision of the University Area Joint Authority's approved industrial pretreatment program shall be intended to limit the enforcement discretion of the Township or the University Area Joint Authority to enforce this section and the industrial pretreatment program and their provisions as otherwise provided for by law.
6. Adoption of Additional Rules and Regulations. The Township reserves
the right to adopt, from time to time, such additional rules and regulations
as it shall deem necessary and proper in conjunction with use and
operation of the sewage collection system, which rules and regulations
shall be, shall become and shall be construed as part of this section.
7. Appointment of Agent. The Township appoints the University Area Joint
Authority as its agent in all aspects for the administration and enforcement
of this section and the industrial pretreatment program established
herein, to the extent permitted by law. The administrative and enforcement
powers granted to the University Area Joint Authority include, but
are not limited to, the following:
A. Local limits on the control of discharge of pollutants may be developed,
enforced and revised from time to time by the University Area Joint
Authority.
B. Wastewater discharge permits or other permits for the discharge of
wastes to the sewer system shall be issued or denied, and may be suspended
or revoked, by the University Area Joint Authority. Conditions contained
in wastewater discharge permits and other permits may be developed
by the University Area Joint Authority.
C. Hearings provided for by this section, including those established
by the University Area Joint Authority Pretreatment Program Resolution,
shall be held by the University Area Joint Authority Board or its
delegates as provided by the Industrial Pretreatment Program Resolution.
D. Written directions and notices of violation may be issued by the
University Area Joint Authority acting for and in the name of the
Township.
E. Special agreements and/or waivers of industrial pretreatment program
requirements may be made by the University Area Joint Authority acting
in the name of and after written approval from the Township.
F. The University Area Joint Authority shall have the right under this
section, as agent for the Township, to commence legal action to enforce
the provisions of this section.
G. Proper records retention, including the protection of confidential
information, as required by the industrial pretreatment program, is
the responsibility of the University Area Joint Authority.