[Adopted 8-10-1989; amended in its entirety 12-18-1991 by Ord. No. 90]
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Editor's Note: Former § 126-32, Purpose and policy; applicability, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-33, Definitions and word usage, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-34, Abbreviations, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-35, Use of public sewers required, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-36, Private wastewater disposal, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-37, Building sewers; connections and installations, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-38, New sewers and sewer extensions, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-39, General discharge prohibitions, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-40, Nonpublic facilities, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-41, Metering; sampling station, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-42, User data requirements, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-43, Measurement and test standards, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-44, Modifications of federal standards, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-45, More stringent regulations to apply, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-46, Excessive discharge, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-47, Accidental discharges, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-48, Rates, charges and fees, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-49, Wastewater permit regulations, was repealed 9-29-2004 by Ord. No. 190.
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Editor's Note: Former § 126-50, Damage to wastewater facilities, was repealed 9-29-2004 by Ord. No. 190.
The Engineer and other duly authorized employees of the Authority bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the community system in accordance with the provisions of this article.
While performing the necessary work on private properties referred to in § 126-51 above, the Engineer or duly authorized employees of the Authority shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the Authority employees, and the Authority shall indemnify the company against loss or damage to its property by Authority employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 126-40.
The Engineer and other duly authorized employees of the Authority bearing proper credentials and identification shall be permitted to enter all private properties through which the Township holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A. 
The Authority may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the Authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW, or causes the Township to violate any condition of its NPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Authority shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Authority within 15 days of the date of occurrence.
Any user who violates the following conditions of this article or applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of §§ 126-51 through 126-58 of this article.
A. 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
D. 
Violation of conditions of the permit.
Whenever the Authority finds that any user has violated or is violating this article, a wastewater contribution permit or any prohibition and limitation or requirements contained herein, the Authority may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Authority by the user.
A. 
The Authority may order any user who causes or allows an unauthorized discharge to show cause before the Authority why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Authority regarding the violation, the reasons why the action is to be taken and the proposed enforcement action and directing the user to show cause before the Authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
B. 
The Authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the Authority to:
(1) 
Issue in the name of the Authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Authority for action thereon.
C. 
At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript so recorded will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
D. 
After the Authority has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances and that they are properly operated. Further orders and directives as are necessary and appropriate may be issued.
[Amended 9-29-2004 by Ord. No. 190]
If any person discharges sewage, industrial wastes or other wastes into the Township's wastewater disposal system contrary to the provisions of this article, federal or commonwealth pretreatment requirements or any order of the Authority, the Township, or their respective solicitors may commence an action for appropriate legal and/or equitable relief in the appropriate court of competent jurisdiction.
[Added 12-14-1994 by Ord. No. 115]
In all cases in which it shall be necessary for a representative of Athens Township to make an inspection of any sewer connection called for under this article, and said user or owner shall have not been assessed or paid any other fee for the tap-in, then there is hereby levied an inspection fee hereby set by the Township from time to time, which sum shall be paid to the party who shall perform said inspection as reimbursement for the work performed therefor.
[Amended 8-28-1996 by Ord. No. 128; 5-28-1997 by Ord. No. 133; 10-27-1999 by Ord. No. 159; 9-29-2004 by Ord. No. 190]
Any user who is found to have violated an order of the Authority or who willfully or negligently fails to comply with any provision of this article or of any orders, rules, regulations, or permits shall be guilty of a summary offense. Upon conviction thereof, such offender shall be subject to a fine of not less than $300 nor more than $600, plus costs for each offense, or in default thereof, shall undergo imprisonment for not more than 30 days. 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 Authority may recover reasonable attorney's fees, costs and other expenses of litigation as allowed by law in an appropriate legal action against the person or persons found to have violated this article or the orders, rules, regulations or permits issued hereunder.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article or a wastewater contribution permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not less than $100 nor more than $300, plus costs, or, in default thereof, by imprisonment for a term not to exceed 30 days.[1]
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Editor's Note: The various application forms and schedules which were included as Sections 11 and 12 and the Addenda of this ordinance are on file in the Township offices, where they may be examined during regular office hours.