The Township Schedule of Fees and Charges, as set forth from time to time by resolution of the Board of Commissioners of Upper Allen Township and in effect as of the date of adoption of these rates, rules and regulations, shall remain in full force and effect and are adopted hereby by reference thereto.
Notwithstanding any other pretreatment provision to the contrary, nothing in these rates, rules and regulations shall be deemed to be a legally binding commitment under the Clean Water Act (33 U.S.C. § 1251 et seq.), the Clean Streams Law, (35 P.S. § 691.1 et seq.) and applicable regulations (e.g., 40 CFR 403, Title 25 Pa. Code) for the Township to undertake pretreatment implementation or enforcement activities beyond the minimum otherwise required by federal and state laws and regulations. Township implementation of pretreatment provisions for significant industrial users will be reflected in a wastewater discharge permit, as provided for by § 200-6.2 of these rates, rules and regulations. Nevertheless, the Township maintains its discretionary authority to undertake pretreatment activities beyond the minimum required.
The Township reserves the right to change or amend, from time to time, these rates, rules and regulations in accordance with law. No officer or employee of the Township can vary these rates, rules and regulations without action of the Township Board, and the Township may not be bound by any agent or employee's act or representation, except when authorized in writing by an executive officer of the Township Board.
If any word, sentence, paragraph, provision, section or part of these rates, rules and regulations is invalidated by any court of competent jurisdiction, the remaining words, sentences, paragraphs, provisions, sections or parts shall not be affected and shall continue in full force and effect.
All other rates, rules and regulations and resolutions and parts of other rates, rules and regulations and resolutions inconsistent with or conflicting with any part of these rates, rules and regulations are hereby repealed to the extent of such inconsistency or conflict.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of this Township existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the Township existing on the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinance or codes are hereby declared to be repealed to the extent that they may be found to be in conflict with this chapter.
This Township reserves the right to refuse to any person the privilege of connection of any improved property to a sewer or to compel discontinuance of use of a sewer by any person or to compel the pretreatment of industrial wastes in order to prevent discharge into the sewer system of wastes which may be deemed by this Township to be harmful to the sewer system or to have a deleterious effect on sewage treatment process.
This Township shall have the right of access at reasonable times to any part of any improved property served by the sewer system as shall be required for purposes of inspection, measurement, sampling and testing and for performance of other functions relating to service rendered by this Township through the sewer system.
The Township shall not be liable for a deficiency or failure of service when occasioned by emergency or required repairs or for any cause beyond its control. The Township reserves the right to restrict the use of sewer service whenever the public welfare may require it.
This Township reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to connections with a sewer and the sewer system, which additional rules and regulations, to the extent appropriate, shall be and shall be construed as part of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Unless subject to any other fines or penalties as specified herein, any person who shall violate this chapter shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $500 and not more than $5,000, together with costs of prosecution in each case. Each day that a violation shall continue shall be deemed and shall be taken to be a separate offense and shall be punishable as such.
Fines and costs imposed under provisions of this chapter shall be enforceable and recoverable in the manner at the time provided by applicable law.
These rates, rules and regulations shall take effect on March 19, 2014.