[Adopted 6-12-1996 by Ord. No. 96-328 (Ch. 136, Art. IV, of the 1996 Code)]
This article 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shall become effective upon the date of enactment hereof and shall remain in effect thereafter unless the same shall be repealed.
[Amended 2-11-2004 by Ord. No. 2004-423]
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 No. 96-001 of said Authority, is hereby incorporated, in its entirety, and made a part hereof.[1]
[1]
Editor's Note: Said resolution is on file in the Township offices.
B. 
Effective November 19, 2003, the University Area Joint Authority adopted a resolution, a copy of which is attached to this article as Appendix A,[2] supplementing Resolution No. 96-001 of May 20, 1996, cited in § 278-46A above. The November 2003 resolution establishes 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.
[2]
Editor's Note: Said appendix is on file in the Township offices.
C. 
The terms and definitions used in this article are defined as they appear in the industrial pretreatment program resolution.
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 article, which shall be applicable to users in the Township.
A. 
Any person who violates any provisions of this article, 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 article 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 the University Area Joint Authority was caused by the user, either alone or in conjunction with discharge(s) from other source(s).
The enumeration of remedies in § 278-48 of this article 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 article, 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 article and the industrial pretreatment program and their provisions as otherwise provided for by law.
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 article.
The Township appoints the University Area Joint Authority as its agent in all aspects for the administration and enforcement of this article 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 article, 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 the article.
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.