[HISTORY: Adopted by the Board of Commissioners
of the Township of Haverford 9-10-1991 by Ord. No. 2122; amended in its entirety 5-14-2018 by Ord. No. 2823. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Sewage and drainage facilities - See Ch. 149.
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 City of Philadelphia
Water Department (PWD), the United States Environmental Protection
Agency (USEPA), the Pennsylvania Department of Environmental Protection
(DEP) 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 401.10 et seq.
A.
Discharges into all Township wastewater management systems (also
commonly known as "sanitary sewers" or "sewers") shall be in accordance
with the National Pretreatment Standards as promulgated by the United
States Environmental Protection Agency and set forth in 40 CFR 401.10
et seq.
B.
Discharges into DELCORA Wastewater Management System.
(1)
The Township of Haverford does hereby adopt the DELCORA Standards,
Rules and Regulations to govern the conduct of all discharges into
the DELCORA Wastewater Management System published online at https://www.delcora.org/wp-content/uploads/2015/09/3.3-RegsforEastWest.pdf.
A copy of the Standards, Rules and Regulations are on file at the
office of the Township Manager.
(2)
DELCORA or its designee as its agent shall have the power to enforce the DELCORA Standards, Rules and Regulations, together with the National Pretreatment Standards referenced in Subsections A and B(1) of this section, and institute proceedings in the name of the Township of Haverford against any and all persons, firms or corporations who violate such provisions.
(3)
In cases involving the enforcement of this subsection, 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 Township
of Haverford.
(4)
All required notifications and reports shall be made to both DELCORA
and the Township of Haverford.
C.
Discharges into other wastewater management systems.
(1)
The Township of Haverford hereby adopts the City of Philadelphia
Sewer and Wastewater Control Regulations as published by the PWD online
at: hftp://www.phila.gov/water/PDF/PWDregCH5.pdf. A copy of the Sewer
and Wastewater Control Regulations are on file at the office of the
Township Manager.
(2)
The City of Philadelphia (City) or its designee as its agent shall have the power to enforce the PWD Wastewater Control Regulations, together with the National Pretreatment Standards referenced in Subsection A including inspections and penalties, with notification to the Township.
(3)
All required notifications and reports shall be made to both the
City and the Township of Haverford.
(4)
The City shall administer industrial pretreatment permit applications,
and a copy of permit applications shall be submitted to the Township.
(5)
Any industrial user responsible for any accidental discharge of wastewater
must immediately notify both the City and the Township.
(6)
Except as allowed by federal pretreatment standards, dilution as
a control technique for compliance with discharge limits is prohibited.
(7)
The City, with notification to the Township and as part of its approval,
modification or administration of industrial pretreatment permits,
may impose mass discharge limits in lieu of, or in conjunction with,
concentration discharge limits.
(8)
The knowing transmittal of false information by an industrial user
to either the City or the Township is prohibited and constitutes a
wastewater control regulation violation.
(9)
The City or the Township may require an industrial user to install
monitoring and pretreatment facilities, and these shall be provided
and operated at the user's own expense.
(10)
In cases involving the enforcement of this subsection, the Solicitor
of the City or its designee may cause subpoenas to be issued for witnesses
for the prosecution and may conduct the hearing on behalf of the Township
of Haverford.
A.
Violations. The Board of Commissioners of the Township of Haverford hereby ordains and establishes that any person, firm or corporation who fails or refuses to comply with the applicable provisions of § 180-2 shall be subject to the penalties set forth in this Chapter.
B.
Penalties.
(1)
Any person, firm or corporation who is found to have violated, continues
to violate or fails to comply with any provision of this chapter applicable
to discharges into the DELCORA Wastewater Management System shall
be subject to paying a fine of up to $1,000 for each offense plus
actual damages incurred by the Township per violation per day, for
as long as the violation continues, and/or, upon conviction thereof,
be sentenced to imprisonment for a term not to exceed 90 days. Each
day on which a violation shall occur or continue shall be deemed a
separate and distinct offense; each term, condition or parameter violated
shall also be deemed a separate and distinct offense. In addition
to the penalties and damages provided herein, the Township may recover
reasonable attorneys' fees, court costs, court reporters'
fees and other expenses associated with the enforcement activities,
including sampling and monitoring expenses, against the person found
to have violated these regulations or the orders, rules, regulations
and permits issued hereunder.
(2)
Any person, firm or corporation who is found to have violated, continues
to violate or fails to comply with any provision of the Chapter applicable
to discharges into other wastewater management systems shall, in addition
to those penalties for violations specified by the City of Philadelphia
Wastewater Control Regulations, be liable to the Township for a civil
penalty not exceeding $1,000 or the maximum fine allowed by law for
each offense plus actual damages incurred by the Township per violation
per day, for as long as the violation continues and/or, upon conviction
thereof, be sentenced to imprisonment for a term not to exceed 90
days. Each day on which a violation shall occur or continue shall
be deemed a separate and distinct offense; each term, condition or
parameter violated shall also be deemed a separate and distinct offense.
In addition to the penalties and damages provided herein, the Township
may recover reasonable attorneys' fees, court costs, court reporters'
fees and other expenses associated with the enforcement activities,
including sampling and monitoring expenses, against the person found
to have violated these regulations or the orders, rules, regulations
and permits issued hereunder.
