[Adopted 4-13-2022 by Ord. No. 2022-05[1]]
[1]
Editor's Note: This ordinance also stated that it shall become
effective on the date that the York System is sold and transferred
to Pennsylvania-American.
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 Spring Garden 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 the 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.
The Township of Spring Garden, York County, Pennsylvania.
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.
To the extent set forth and provided in the agreement, 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 connections 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.
To the extent set forth and provided in the agreement, 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 requirements, and compliance and inspection
requirements.
To the extent set forth and provided in the agreement, in the
event that a person requests to discharge wastewater containing regulated
pollutants from any nondomestic source into the municipal collection
system, the Township shall, as set forth and provided in the agreement,
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.
A.
To the extent set forth and provided in the agreement, 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 wastewater 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.
B.
To the extent set forth and provided in the agreement, 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 York Township Code
of Ordinances, 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 First Class Township Code or other law of the
Commonwealth of Pennsylvania.
