[1]
Editor's Note: Ordinance No. 296 provides
for the following:
1. The term “Highland Sewer and Water
Authority” or “Highland” as referenced in Ordinance
No. 222 is deleted and the term “local agency” is substituted
in its place. “Local agency” shall be defined as any sewer
authority or municipal bureau which provides a sanitary sewer collection/conveyance
system or sewage treatment facilities for any establishment(s) located
in Richland Township. The term "local agency" shall include: Adams
Township Municipal Authority, City of Johnstown. Bureau of Sewage,
Forest Hills Municipality Authority, Highland Sewer and Water Authority,
Pegasus Sewer Authority, Windber Area Authority and any other local
agency formed in the future to provide a sanitary sewer collection/conveyance
system or sewage treatment facilities servicing any establishment/sewage
customer anywhere in Richland Township.
2. All other terms and conditions of Ordinance No. 222. as codified in the Code of the Township of Richland, Chapter 198, Article XII, Sections 198-90 through 198-94 are ratified and confirmed.
3. It is the specific intent of the Board
of Supervisors to adopt by reference for enforcement purposes all
rules and regulations of any local agency providing a sanitary collection/conveyance
system or sewage treatment facilities to any establishment(s) located
in Richland Township.
The "Whereas" clauses set forth above and the
rules and regulations of the local agency now in effect or hereafter
adopted governing the use of the sanitary sewer collection system
in Richland Township are incorporated herein by reference.[1]
[1]
Editor's Note: The "Whereas" clauses and rules
and regulations are on file in the Township offices.
All rules and regulations of the local agency
concerning the prohibition of illegal discharges into the sanitary
sewer system may be fully enforced by Richland or its duly constituted
designees. All establishments, such as but not limited to restaurants,
commercial kitchens, food preparation or processing establishments,
service stations, motor vehicle repair or maintenance facilities and
like or similar facilities or any other establishment which generates
prohibited grease, oil and fat which may enter into the sanitary sewer
system of the local agency, shall be required to provide a properly
designed and sized grease trap and further shall be required to conduct
such periodic inspection and maintenance of such grease trap as to
keep the same properly functioning and preventing the discharge of
grease, oil and fat into the local agency's sanitary sewer system.
Said grease trap shall be so designed, constructed, installed and
routinely maintained so as to keep the grease content of sewage leaving
the premises to less than 100 parts per million by weights.
A.
In the event of a blockage in the sanitary sewer system
of the local agency caused by the failure of an establishment to provide
or maintain a grease trap, the cost of correcting, repairing and eliminating
such sanitary sewer system blockage shall be the responsibility of
the establishment causing the backup or blockage. At the sole option
of the local agency, failure to pay said costs shall result in the
termination of sanitary sewer service and water service to the establishment
in accordance with other existing rules of the local agency.
B.
In the case of a sanitary sewer blockage caused by
more than one establishment which has failed to provide or maintain
a grease trap as required by this Part 4, then the total cost incurred
in correcting, repairing or eliminating said sanitary sewer blockage
will be divided equally between the number of establishments determined
to have contributed to said blockage.
Any establishment asserting that it has not
in fact contributed to such a sanitary sewer blockage as set forth
above may apply for relief from said charges by providing written
documentation of the installation of a properly designed and sized
grease trap, as well as written records of continual and regular inspection
and maintenance of said grease trap. Said record of installation and
maintenance is subject to review by Richland Township or the local
agency or their designee, as is the actual grease trap installation
itself. Final determination as to the relief from charges shall be
within the sole discretion of Richland upon advice received from the
local agency.
A.
If any person violates any of the provisions of this
Part 4 or the rules and regulations of the local agency as incorporated
herein by reference,[1] the Township or its designated representative may commence
an action for appropriate legal and/or equitable relief in the Court
of Common Pleas of Cambria County, Pennsylvania.
[1]
Editor's Note: Said rules and regulations
are on file in the Township offices.
B.
The township or its designated representative shall
have the authority to seek civil and criminal penalties and injunctive
relief for noncompliance with the provisions of this Part 4. Any person
found to be in noncompliance with any provision of this Part 4 shall
be fined not more than $1,000 a day for each offense. 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 or its designated representative may recover reasonable
attorneys' fees, court costs, court reporters' fees and such other
expenses of litigation by appropriate suit of law against the person
found to have violated this Part 4.
