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in effect thereafter unless the same shall be repealed.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.
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, 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.
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.
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.