[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 11-8-1984 by Ord. No. 429; amended in its entirety 5-14-1992 by Ord. No.
469. Subsequent amendments noted where applicable.]
A.
This chapter is adopted to promote and protect the public health,
safety, comfort, convenience and other aspects of the general welfare.
These general goals include, among others, the specific enforcement
of the various regulations promulgated by the Delaware County Regional
Water Quality Control Authority (DELCORA), the United States Environmental
Protection Agency (USEPA), the Pennsylvania Department of Environmental
Resources (PADER) and such other agencies which may succeed the aforementioned
agencies to implement the Delaware County Wastewater Management Plan
and the National Pretreatment Standards, 40 CFR 401 et seq.
B.
This chapter shall be known and may be cited as the "Borough of Colwyn
Wastewater Treatment Ordinance."
A.
The DELCORA Standards, Rules and Regulations are hereby adopted by
the Borough of Colwyn to govern the conduct of all discharges to the
DELCORA wastewater management system.
B.
Intent of enforcement.
(1)
It is intended that this chapter provide for the enforcement and
prosecution of the DELCORA Standards, Rules and Regulations and the
National Pretreatment Standards.
(2)
It is the specific intent of this chapter to provide a means of enforcement
of the National Pretreatment Standards promulgated by the United States
Environmental Protection Agency as set forth in 40 CFR 401 et seq.
(1983) pursuant to the Clean Water Act, as amended, 33 U.S.C. § 1251
et seq.
C.
The DELCORA Standards, Rules and Regulations shall be minimum standards
and shall apply uniformly to each class or kind of user within the
Borough of Colwyn.
The Council of the Borough of Colwyn hereby ordains and establishes
that any person, firm or corporation who fails or refuses to comply
with the DELCORA Standards, Rules and Regulations embodied in DELCORA
Resolution No. 91-03, adopted May 22, 1991, as the same may be amended
from time to time,[1] which is incorporated herein by reference and attached
hereto as Appendix A,[2] shall be subject to the penalties set forth in this chapter.
Any person, firm or corporation who shall violate any provision
of this chapter shall be subject to pay a fine of up to $1,000 or
the maximum legal limit of the fining authority, whichever is greater,
and/or, upon conviction thereof, be sentenced to imprisonment for
a term not to exceed 90 days. Every day that each violation continues
of this chapter and/or DELCORA's Standards, Rules and Regulations,
as amended, shall constitute a separate offense.
A.
The Borough of Colwyn hereby appoints DELCORA or its designee as
its agent having the power of the Borough of Colwyn to institute proceedings
in the name of the Borough of Colwyn against any and all persons,
firms or corporations who violate the provisions of this chapter.
B.
In cases involving the enforcement of this chapter, the Solicitor
of DELCORA or its designee may cause subpoenas to be issued for witnesses
for the prosecution and may conduct the hearing on behalf of the Borough
of Colwyn.
