The purpose of this article is to protect the public health, welfare, and the environment, by controlling and regulating the discharge to the sewer system of harmful or injurious substances, or unacceptable quantities or volumes of waste or water.
All users within the municipal limits of the Borough of Avondale and users outside the municipal limits of the Borough of Avondale who, by connection to, discharge waste effluent which is ultimately treated by the Borough sewage treatment plant shall be subject to Part 1, Wastewater Pretreatment, of this Chapter 340, governing and regulating the use of the Avondale sewer collection system, establishing criteria for industrial waste, defining industrial waste, defining industrial users, and establishing criteria for pretreatment of industrial waste by industrial users.
A.
No person shall discharge or cause or allow to be discharged into the sewer system, directly or indirectly, any substance, pollutant, wastewater, sewage, stormwater, or combination of such which will, alone or in conjunction with other discharges, cause or contribute to interference or pass through, release flammable, toxic or irritating gasses or vapors, create toxic or dangerous conditions within the sewer system, or otherwise pose a threat to human health, property, or the environment.
B.
Where necessary to carry out the provisions and purposes of this article, the discharge of industrial wastes or wastes other than domestic wastewater may be prohibited, or may be regulated as to volume, rate of flow, concentration or mass of pollutants or other substances, or in such other manner as may be necessary. To effect such regulation, there may be established a system of permits or licenses to discharge, or other means of control of individual sources of wastewater discharge. Conditions imposed in permits may include monitoring and reporting requirements, operational or management requirements, and such other provisions as may be necessary to ensure that the purposes of this article are carried out.
C.
In order to ascertain whether the purposes of this article, including compliance with any permit or order issued hereunder, are being met, the Borough may enter and inspect, at any reasonable time, without advance notice, any place, building, structure, enclosure or equipment that generates or discharges, or may generate or discharge wastes or water, or where records or data are kept, prepared or stored. Unreasonable delay or denial of entry shall constitute a violation of this article, subject to the penalties provided herein and such other remedies as shall be available at law or in equity.
The Borough may adopt such additional rules and regulations, regarding the discharge of sewage within the Borough, as it deems necessary and proper to carry out the purpose of this article. Administration and enforcement of such additional rules and regulations shall be the sole responsibility of the Borough.
A.
Any person who violates any provision of this article, including any of the rules and regulations adopted hereunder or provisions in permits or orders issued according to the rules and regulations, is guilty of a summary offense and shall, upon conviction thereof in a summary proceeding, be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. For the purpose of this section, each day that a violation occurs or continues to occur shall be a separate offense, and each pollutant limitation that may be violated shall be a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The provision of penalties in this article does not preclude the Borough from seeking such legal or equitable relief as may be available for violations of this article or the rules and regulations adopted hereunder. Nor shall the provisions of this article preclude proceeding under the provisions of the Publicly Owned Treatment Works Penalty Law, Act 9 of 1992, 35 P.S. § 752.1 et seq. Penalties provided by this article may be sought concurrently with other nonmonetary remedies, as deemed appropriate by the Borough.
C.
Should the violation of any provision of this article by any person contribute to or result in violation of any state or federal law or regulation, for which the Borough is held liable, whether by judicial or administrative order or the settlement of a judicial or administrative penalty action, the person shall indemnify the Borough for the amount of that liability in addition to paying any penalty and costs and any damages that may be imposed for the violation under the provisions of this article.