[Ord. 468, 5/20/1996]
1. 
This Part sets for uniform requirements for direct and indirect contributors into the wastewater collection and treatment system for the Borough of Edinboro and enables the Borough to comply with all the state and federal laws by the Clean Water Act of 1977 and the General Pretreatment Regulations, 40 CFR 403. Further, this Part is to provide for the maximum possible beneficial public use of the Borough's wastewater facilities through the regulation of sewer construction, sewer use and wastewater discharge; to provide for the equitable distribution of costs of the Borough's wastewater facilities; and to provide procedures for complying with the requirements contained therein.
2. 
The objectives of this Part are:
A. 
To prevent the introduction of pollutants into the Borough wastewater system which will interfere with the operation of the system or contaminate the resulting sludge.
B. 
To prevent the introduction of pollutants into the Borough wastewater system which will pass through the system, inadequately treated, into receiving waters of the commonwealth or otherwise be incompatible with the system.
C. 
To improve the opportunity to recycle and reclaim wastewaters and sludge from the system.
D. 
To provide for equitable distribution of the cost of the Borough wastewater system.
3. 
This Part provides for the regulation of direct and indirect contributors to the Borough wastewater system through the issuance of permits to certain nondomestic users and through enforcement of general requirements for the other users, authorizes monitoring and enforcement activities, assures that existing customers capacity will not be preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the program established herein.
4. 
This Part shall apply to the Borough of Edinboro and to persons outside the Borough who are, by contract or agreement with the Borough, users of the Borough system.
[Ord. 468, 5/20/1996]
Except as otherwise provided herein, the Borough shall administer, implement and enforce the provisions of this Part.
[Ord. 468, 5/20/1996]
Whenever the Borough finds that any user has violated or is violating this Part, wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the Borough may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Borough by the user.
[Ord. 468, 5/20/1996; as amended by Ord. 545, 2/26/2007, § 18-104]
1. 
The Borough may order any user who causes or allows an unauthorized discharge to enter the Borough to show cause before the Borough Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Borough Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Borough Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
2. 
The Borough Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee to:
A. 
Issue in the name of the Borough Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
B. 
Take the evidence.
C. 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Borough Council for action thereon.
3. 
At any hearing held pursuant to this Part, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
4. 
After the Borough Council has received the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed and are properly operating. Further orders and directives that are necessary.
[Ord. 468, 5/20/1996]
If any person discharges sewage, industrial wastes or other wastes into the Borough's wastewater disposal system contrary to the provisions of this Part, federal or state pretreatment requirements, or any order of the Borough, the Borough Manager at the discretion of Borough Council may commence an action for appropriate legal and/or equitable relief in the Courts of Erie County.
[Ord. 468, 5/20/1996; as amended by Ord. 585, 9/12/2011]
1. 
Civil Penalties. Any user who is found to have violated an order of the Borough Council or who willfully or negligently failed to comply with any provision of this Part, and the orders, rules, regulations and permits issued hereunder, shall be fined not less than $100 (optional) nor more than $1,000 for each offense. 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 Borough may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit of law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.
2. 
Falsifying Information. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part, shall, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 468, 5/20/1996; as amended by Ord. 585, 9/12/2011]
1. 
All fees and charges payable under the provisions of this Part shall be paid to the Borough of Edinboro. Such fees and charges shall be as established, from time to time, by resolution of Borough Council set forth in the latest Sewer/Water Fee Ordinance.
2. 
All fees, penalties and charges collected under this Part shall be used for the sole purpose of constructing, operating or maintaining the wastewater facilities of the Borough and/or the retirement of debt incurred for the same.
3. 
All fees and charges payable under the provisions of this Part are due and payable upon the receipt of notice of charges. Unpaid charges shall become delinquent and shall be subject to penalty and interest charges as provided for in the latest fee resolution.
4. 
The Borough Manager and/or the WWCT Superintendent have the option to credit any customer who uses the Borough water supply but can prove that such water will not be discharged to the Borough sewer system. (Example-swimming pools or decorative yard ponds).
5. 
All sewer users shall pay the designated minimum. Any property with a structure will pay the designated minimum bill, regardless if it is occupied or not. If the existing structure is removed, the owner may either pay the bimonthly minimum bill or reinstatement fee per EDU for a replacement structure.
[Ord. 468, 5/20/1996]
1. 
A representative of the Borough or Authority, bearing proper credentials and identification, shall be permitted to enter properties at any reasonable time for the purpose of inspection, observation, measurement and sampling of the wastewater discharge to insure that discharge to the Borough's wastewater facilities is in accordance with the provisions of this Part.
2. 
The representative of the Borough or Authority, bearing proper credentials and identification, shall be permitted to enter all private property through which the Borough or Authority holds an easement for the purpose of inspection, observation, measurement, sampling, repair and maintenance of any of the Borough or Authority wastewater facilities lying within the easement. All entry and any subsequent work on the easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
3. 
While performing the necessary work on private properties referred to in Subsection 1 and .2 above, the Borough or Authority representative shall observe all reasonable safety rules established by the owner or occupant of the property and applicable to the present premises.
4. 
During the performance on private properties of inspections, wastewater sampling, or other similar operations referred to in Subsection 1 and 2 above, the owner and occupant shall be:
A. 
Held harmless for personal injury or death of the representative and the loss of or damage to the Borough or Authority supplies or equipment.
B. 
Indemnified against loss of or damage to property of the owner or occupant by the representative.
C. 
Indemnified against liability claims assessed against the owner or occupant for personal injury or death of the representative or for loss of or damage to property of the Borough or Authority, except as such may be caused by negligence or failure of the owner or occupant to maintain safe conditions as required by Subpart J of this Part.
[Ord. 468, 5/20/1996; as amended by Ord. 545, 2/26/2007, § 18-109]
No person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the Borough's wastewater facilities. Any person, firm or corporation who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of not less and $30 nor more than $1,000, plus cost of any damage incurred, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 468, 5/20/1996]
Public notice shall be given prior to adoption of any amendments of this Part.