[Ord. 7148, passed 2-10-1994]
(a)Â
Whenever the New Castle Sanitation Authority amends its sewer use
ordinance (to add enabling legislation for the Industrial Waste Pretreatment
Program) it will forward a copy of such amendment to the City. The
City will enact amendments at least as stringent as those adopted
by the New Castle Sanitation Authority within 90 business days of
receipt thereof.
(b)Â
The parties will periodically review their respective sewer use ordinances
and jointly draft and adopt amendments (which are equivalent in scope
and stringency) to their respective sewer use ordinances when deemed
necessary for the effective administration and operation of the pretreatment
program. This review will be conducted no less than once every five
years. However, either party, or the U.S. EPA, may request a joint
review whenever such party believes that a review is necessary. A
request for such joint review shall be forwarded by the requesting
party to all other parties, stating the reason for the request and
the date on which the review is requested to take place. Within 30
business days of receipt of the request, the receiving party shall
respond to the request, stating that the proposed date is satisfactory
or proposing an alternate date(s) for the review. In any case, the
joint review will take place within 90 business days of the request.
(c)Â
The City will adopt local limits which address at least the same
pollutant parameters and are at least as stringent as the local limits
enacted by the New Castle Sanitation Authority. If any revisions or
additions are made to the New Castle Sanitation Authority's local
limits, the New Castle Sanitation Authority will forward to the City
a copy of any such revisions or additions to the local limits within
45 business days of enactment thereof. The City agrees to adopt any
revisions or additions made to the New Castle Sanitation Authority's
local limits within 19 business days.
[Ord. 7148, passed 2-10-1994]
(a)Â
The City designates the New Castle Sanitation Authority as the agent
of the City for the purposes of implementation and enforcement of
the City's sewer use ordinance against users located in the City.
(b)Â
The New Castle Sanitation Authority, on behalf of and as an agent
for the City, will perform technical and administrative duties necessary
to implement and enforce the City's sewer use ordinance. The
New Castle Sanitation Authority will:
(1)Â
Update the industrial waste survey;
(2)Â
Issue permits to all users required to obtain a permit;
(3)Â
Conduct inspections, sampling, and analysis;
(4)Â
Take all appropriate enforcement action as outlined in the New
Castle Sanitation Authority's enforcement response plan;
(5)Â
Perform any other technical or administrative duties the parties
to this agreement deem appropriate.
(c)Â
In addition, the New Castle Sanitation Authority may, as an agent
of the City, take emergency action to stop or prevent any discharge
which presents or may present an imminent danger to the health or
welfare of humans, which reasonably appears to threaten the environment,
or which threatens to cause interference, pass through, or sludge
contamination.
(d)Â
The New Castle Sanitation Authority will be responsible for all costs
(including labor, equipment, attorney's fees, etc.) incurred
in implementing and enforcing the City's sewer use ordinance
on behalf of the City. Costs will be recovered through the permit
fees.
[Ord. 7148, passed 2-10-1994]
Any disputes arising out of this agreement will be submitted
to non-binding arbitration performed in accordance with the rules
of the American Arbitration Association. A decision reached in arbitration
will in no way limit the New Castle Sanitation Authority's power
to enforce requirements directly against users located in the City,
nor will it preclude the New Castle Sanitation Authority from seeking
other remedies against the City including, but not limited to, specific
performance.
[Ord. 7148, passed 2-10-1994]
Should any term of this Agreement be held null and void or rescinded
by a court of competent jurisdiction, the remaining terms of this
Agreement will be unaffected and enforceable.
[Ord. 7148, passed 2-10-1994]
This Agreement will be reviewed and revised to ensure compliance
with the Federal Clean Water Act (42 U.S.C. 1251 et seq.) and rules
and regulations (see 40 CFR Part 403) issued thereunder, as necessary,
but at least every five years.
[Ord. 7148, passed 2-10-1994]
If adequate provisions have been provided to enable the City
to enforce the Industrial Waste Pretreatment Program in accordance
with the U.S. EPA requirements, either party may terminate this Agreement
by providing written notice to the other party. All benefits and obligations
under this agreement will cease following 45 business days from receipt
of such notice.
