The Borough and/or the Authority reserve the right to restrict or discontinue the owner's use of sewer service if the owner fails to comply with the established effluent standards.
A. 
It is the intention of the Borough that the provisions of this Part 1 shall apply equally to the Borough and the Authority, despite actual ownership of any facilities referenced herein, including by way of example, but not by way of limitation, the Borough sewer system, the treatment plant, etc.
B. 
The word "Borough" as it appears in this Part 1 may be substituted for the word "Authority," and vice versa, in each such section where those words appear with the same force and effect as if it was therein written ab initio.
A. 
The Borough and its duly authorized employees, bearing proper credentials and identification, shall be permitted at any time to enter upon all properties (wherever located) connected to the Borough sewer system for the purposes of inspection, observation, measurement, sampling, testing, supervising and any other function deemed necessary related to service rendered by the Borough or the Authority through the Borough sewer system.
B. 
Any and all defects discovered shall be corrected immediately at the property owner's expense.
C. 
If defects are discovered as a result of inspection, testing, sampling, measuring or observation, the property owner will indemnify the Borough and/or the Authority for the cost of the inspection, observation, measurement, sampling testing or supervision.
The Borough has and reserves the express right, power and authority to enter into agreements, contracts or arrangements with any persons for the purposes of effectuating the provisions of this Part 1.
A. 
Unless otherwise specifically provided in this Part 1, whenever a notice is required by this Part 1 to be served on any person and/or property owner, such service shall be made personally upon the owner if he can be found in the Borough, or upon an adult person residing or occupying the property.
B. 
In case actual personal service cannot be made upon the owner or an adult person cannot be found occupying the property, the notice may be posted conspicuously on the property.
No officer of the Borough or agent, servant, worker, independent contractor or employee of the Borough or the Authority is authorized to vary the provisions of this Part 1 without the express written consent of the Borough Council or members of the Authority.
A. 
Any person who:
(1) 
Violates any provision of this Part 1; and/or
(2) 
Knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part 1; and/or
(3) 
Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part 1; and/or
(4) 
Maliciously, willfully, negligently, or recklessly interferes with, breaks, damages, destroys, uncovers, defaces, or tampers with any structure, appurtenance or equipment which is part of the Borough sewer system or any facility connected therewith; shall, upon conviction of violating any provision of this Part 1, be sentenced to pay a fine not to exceed $1,000 for each violation and may be sentenced and committed to the Chester County Prison for a period not exceeding 30 days.
B. 
In addition to any other remedy contained herein, the Borough shall have the right to seek injunctive relief to prevent the discharge of substances into the Borough sewer system which it deems harmful and/or which are not in compliance with the terms and conditions of this Part 1.
C. 
If the Borough determines that an industrial user has violated or continues to violate this Part 1 or any permit or order issued hereunder, the Borough may issue an order to cease and desist all such violations and direct those persons or users in noncompliance to comply forthwith and/or take such appropriate or remedial or preventative action or actions as may be needed to properly address a continuing or threatened violation, including immediately halting operations and terminating any discharge into the Borough sewer system.
Any person who is subject to the provisions of this Part 1 may have any system required to be designed under this Part 1 designated and approved in one of the following ways:
A. 
The person may request the Borough's Consulting Engineer to prepare all plans and specifications, obtain requisite approvals from the Borough, the DEP, and from any other governmental regulatory body having jurisdiction over the proposal, and inspect construction of the system in accordance with the approved plans and specifications, subject to that person's payment of all fees and costs incurred by the Borough and/or the Borough Consulting Engineer in connection with the preparation of such plans and specifications, etc.
B. 
The person shall use a professional engineer (registered with the Commonwealth of Pennsylvania) with experience in the design of such systems, or sewer systems, waste treatment plants and related appurtenances, etc., who shall prepare all plans and specifications in accordance with this Part 1 and obtain approval from the Department of Environmental Protection and any other governmental regulatory body having jurisdiction over the proposal.
[Added 6-20-2000 by Ord. No. 187]
The Avondale Borough Council is hereby authorized to, and may from time to time, adopt such written regulations as are necessary to implement the provisions of this Part 1, and such written regulations and policies required by the Act of March 26, 1992, P.L. 23, No. 9, Section 1 et seq., as amended (35 P.S. § 752.1 et seq.), the "Publicly Owned Treatment Works Penalty Law."