[HISTORY: Adopted by the Borough Council
of the Borough of Norristown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1992 by Ord. No. 92-31]
The Borough Council of the Borough of Norristown
(the "borough") hereby signifies its intention and desire to organize
an Authority under the provisions of the Municipality Authorities
Act of 1945, Act of May 2, 1945, P.L. 382, as amended (the "Act").[1]
[1]
Editor's Note: See 53 P.S. § 301
et seq.
The Borough Secretary is hereby directed to cause a notice of the substance of this chapter, including the substance of the above Articles of Incorporation described in § 63-2 and the proposed date for filing the Articles of Incorporation as set forth in § 63-4 hereof, to be published once in the Times Herald, a newspaper published and of general circulation in the borough, and in the Montgomery County Law Journal, the legal journal designated by the Rules of Court for the publication of legal notices in the County of Montgomery as required by the Act.
The President or Vice President of the borough and the Borough Secretary are directed to file the Articles of Incorporation described in § 63-2 above, together with the necessary proofs of publication, with the Secretary of the Commonwealth, and to do all other acts and things necessary or appropriate to effect the incorporation of such Authority as soon as practicable after passage of this chapter.
The initial project to be undertaken by said
Authority is to acquire, hold, construct, finance, improve, maintain,
operate, own and lease, either in the capacity of lessor or lessee,
presently existing sewer treatment works, interceptors, sewer lines
and such additions as may be constructed or added thereto and all
other facilities in connection therewith.
The following named persons be and they hereby
are appointed as the first members of the Board of the Authority,
whose initial terms of office shall commence on the date of appointment
and filing of the Articles of Incorporation and shall continue for
the periods set forth.[1]
[1]
Editor's Note: The names of the members of
the Board of the Authority are on file in the Borough Office.
[Adopted by the Municipal Council 9-15-2009]
Pursuant to the power vested in the Municipality by § 258-12[1] to authorize an agent to stop and prevent the discharge
of any substances into the sanitary sewer system that may be detrimental
to the sanitary sewer system or the sewage treatment plant, the Municipality
hereby authorizes and appoints the Norristown Municipal Waste Authority
(NMWA) as the Municipality's agent for such purposes.
The actions of NMWA in stopping and preventing the discharge
of wet weather flows into the sanitary sewer system shall be limited
to:
A.Â
Entering upon any exterior portion of any property in the Municipality
at all reasonable times between the hours of 7:00 a.m. and 9:00 p.m.,
prevailing time, with seven days' written advance notice to the
owner, lessee or occupier of the property (unless exigent circumstances
require otherwise), for the purpose of obtaining information, conducting
routine or systemic inspections, and televising, dye and/or smoke
testing the stormwater system, downspouts, roof leaders, vents or
cleanouts and/or the sanitary sewer lateral connection to the property
to determine whether any illegal stormwater or surface water is entering
the sanitary sewer system.
B.Â
Upon determining that remedial work is required related to the elimination
of the illegal or improper stormwater and surface water connection
flows, undertaking to have the necessary remedial work completed by
the NMWA's employees or a third-party at the sole cost and expense
of the NMWA.
C.Â
Instituting any suit in equity to restrain, prevent, remove or correct
any connection, device or condition from and/or to the sanitary sewer
system.
A.Â
Prior to the adoption of this article, the NMWA shall execute and deliver to the Municipality a release, defend, indemnify and hold-harmless agreement, which shall be attached to this article as Exhibit A and incorporated herein by reference as if set forth herein at length.[1]
[1]
Editor's Note: The agreement is on file in the Municipality's
office.
B.Â
Prior to the adoption of this article, the NMWA shall present to
the Municipality a certificate of insurance naming the Municipality
as an additional named insured, with proof of general liability insurance
in the amount of $1,000,000 per occurrence and $3,000,000 in the aggregate.
A.Â
The powers conferred by this article shall be in addition to and
not in limitation or substitution of any other powers conferred upon
NMWA to enforce and require the elimination of illegal stormwater
and surface water connections or infiltration of ground or subsurface
water to the NMWA sanitary sewer system.
B.Â
Nothing in this article shall limit the Municipality's right
to enforce its ordinances, resolutions and regulations. Nothing in
this article shall be a defense to any citation issued by the NMWA,
the Municipality or the Commonwealth of Pennsylvania pursuant to any
other law, ordinance or resolution.