[Adopted 4-28-2022 by Ord. No. 22-04]
The following words and phrases, when used in this article,
shall have the meanings assigned below:
The program adopted and administered by Pennsylvania-American
pursuant to the terms of its National Pollutant Discharge Elimination
System permit issued by the Pennsylvania Department of Environmental
Protection, and with the approval of the Pennsylvania Public Utility
Commission, regulating industrial and commercial customers of the
York System.
The wastewater collection and conveyance system owned and
operated by West Manchester Township, which collects wastewater generated
within the Township that is conveyed to and discharged into the York
System.
Pennsylvania-American Water Company, a regulated water and
wastewater public utility organized and existing under the laws of
the Commonwealth of Pennsylvania.
The terms of the Tariff and Industrial Pretreatment Program,
collectively.
Pennsylvania-American's Rates, Rules and Regulations
Governing the Furnishings of Wastewater Collection and Disposal Service,
as submitted to and approved by the Pennsylvania Public Utility Commission.
West Manchester Township, a municipal corporation organized
and existing under the laws of the Commonwealth of Pennsylvania, with
offices situate at 380 East Berlin Road, York, Pennsylvania 17408.
Liquid and water-carried industrial wastes and sewage, whether
treated or untreated, which are contributed to the municipal collection
system.
The wastewater treatment plant and collection and conveyance
system in and around the City of York, York County, Pennsylvania soon
to be acquired and operated by Pennsylvania-American.
The Township hereby adopts and incorporates the rules and regulations
of Pennsylvania-American relating to the provision of wastewater service
by the York System. Such rules and regulations shall apply to any
connection to and any wastewater discharged into the municipal collection
system. Any person who discharges wastewater containing pollutants
from any nondomestic source into the municipal collection system shall
be regarded as a "user" and an "industrial user" under the terms of
the rules and regulations.
Each person who discharges wastewater into the municipal collection
system shall comply with the rules and regulations, including but
not limited to all general sewer use requirements, prohibited discharge
standards, pretreatment standards and requirements, permitting requirements,
monitoring and reporting requirement, and compliance and inspection
requirements.
In the event that a person requests to discharge wastewater
containing pollutants from any nondomestic source into the municipal
collection system, the Township shall promptly notify Pennsylvania-American
of such request and, prior to allowing such discharge, require the
user to obtain from Pennsylvania-American an individual wastewater
discharge permit or a determination that no individual wastewater
discharge permit is required.
The Township hereby authorizes Pennsylvania-American to implement
the rules and regulations within the Township, including with respect
to inspection and enforcement of the rules and regulations. Any person
who discharges wastewater to the Township's municipal collection
system shall grant Pennsylvania-American access to its property at
all reasonable times to inspect the facility, perform sampling, review
and copy records, and take other actions necessary to determine whether
the person is complying with the rules and regulations and any individual
wastewater discharge permit or compliance directive issued thereunder,
in the manner and to the full extent provided in the rules and regulations.
The Township further authorizes Pennsylvania-American to make the
determination of a violation of the rules and regulations and to deliver
to any user or other person a notice of violation. Nothing herein
shall limit the authority of the Township itself to access and inspect
the property of any user or to take enforcement action with respect
to any discharge to the municipal collection system.
Whenever requested by Pennsylvania-American, the Township shall
take such actions as are lawful and appropriate to implement and enforce
the rules and regulations within the municipal boundaries of the Township,
including by imposing fines and penalties as permitted by the ordinances
of West Manchester Township, the provisions of the Second Class Township
Code or other laws of the Commonwealth of Pennsylvania, seeking legal
or equitable remedies, or suspending or terminating wastewater collection
service. Nothing herein shall limit the authority of the Township
to take action to enforce the rules and regulations on its own accord
within the Township whenever it deems it necessary and appropriate
to do so.
Nothing herein shall limit in any way the authority of the Township
as conferred by the Second Class Township Code or other law of the
Commonwealth of Pennsylvania.
