For the purposes of this article, the following
terms shall have the meaning hereafter designated:
ALCOSAN
Allegheny County Sanitary Authority, including its treatment
facility and any devices and systems used in the storage, treatment,
recycling and reclamation of municipal sewage or industrial wastes
of a liquid nature.
CORROSIVE WASTE
A waste or substance which has any following properties:
A.
It is aqueous and has a pH of less than or equal
to five or greater than or equal to 10, as determined by pH meter.
B.
It is a liquid and corrodes steel (SAE 1020)
at a rate greater than 6.33 mm (0.250 inches) per year at test temperature
of 55° C. (130° F.).
HAZARDOUS WASTE
All wastes that are defined as hazardous under the regulations
enacted pursuant to the Resource Conservation and Recovery Act (RCRA)
as specified in 40 CFR 261 or under the regulations promulgated pursuant
to the Pennsylvania Solid Waste Management Act as specified in 25 PA Code 261.
IGNITABLE WASTE
A waste or substance which can create a fire hazard in the
sewage collection system or the ALCOSAN treatment facility which has
any of, but is not limited to, the following properties:
A.
It is liquid with a flash point less than 60°
C. (110° F.) using the test methods specified in 40 CFR 201.21.
B.
It is an oxidizer as defined in 49 CFR 173.151.
INTERFERENCE
A discharge originating in the Township which, alone or in
conjunction with a discharge or discharges from other sources, both:
A.
Inhibits or disrupts the ALCOSAN facilities,
its treatment processes or operations or its sludge processes, use
or disposal; and
B.
Therefore is a cause of a violation of any requirement
of ALCOSAN 's National Pollutant Discharge Elimination System (hereinafter
referred to as "NPDES") permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal by ALCOSAN in compliance with the following statutory
provisions and regulations or permits issued thereunder (or more stringent
state or local regulations): Section 405 of the Clean Water Act, the
Solid Waste Disposal Act (including Title 2 or more commonly referred
to as the “Resource Conservation and Recovery Act” and
including state regulations contained in any State Sludge Management
Plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act),
the Clean Air Act, and the Toxic Substances Control Act.
PASS-THROUGH
Any discharge of a pollutant through ALCOSAN into the waters
of the Commonwealth of Pennsylvania in quantities or concentrations
which, alone or in conjunction with other discharges from other sources,
are a cause of a violation of any requirement of the ALCOSAN's NPDES
permit (including an increase in the magnitude or duration of a violation).
PERSON
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or its legal representatives, agents
or assigns.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, sewage,
garbage, sewage sludge, emissions, chemical wastes, biological materials,
radioactive materials, heat, wrecked or discharged equipment, rock,
sand, cellar dirt or other industrial, municipal, or agricultural
waste discharged into water.
POLLUTION
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of water.
REACTIVE/EXPLOSIVE WASTE
A waste or substance which can create an explosion hazard
in the sewage collection system or the ALCOSAN treatment facility;
which has any of but is not limited to the following properties:
A.
It is normally unstable and readily undergoes
violent change without detonating.
B.
It reacts violently with water.
C.
It forms potentially explosive mixtures with
water.
D.
When mixed with water, it generates toxic gases,
vapors or fumes in a quantity sufficient to present a danger to human
health or the environment.
E.
It is a cyanide or sulfide bearing waste which
can generate toxic gases, vapors or fumes in a quantity sufficient
to present a danger to human health or the environment.
F.
It is capable of detonation or explosive reaction
if it is subjected to a strong initiating source or if heated under
confinement.
G.
It is readily capable of detonation, explosive
decomposition or reaction at standard temperature and pressure.
H.
It is a forbidden explosive as defined in 40
CFR 173.51, or a Class A explosive as defined in 49 CFR 171.53 or
a Class B explosive as defined in 49 CFR 171.86.
THE ACT
The Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA, pursuant to Section 307(A)
of the Act.
WASTEWATER
The liquid and water carried industrial or domestic wastes
from dwellings, commercial buildings, industrial facilities and institutions,
together with any ground water, surface water, and stormwater that
may be present, whether treated or untreated, which is contributed
directly or indirectly into the facilities of ALCOSAN.
WATERS OF THE COMMONWEALTH
All streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems, and other bodies or accumulations of water, surface or underground,
natural or artificial, public or private, which are contained within,
flow through, or border upon the Commonwealth of Pennsylvania or any
portion thereof.
No person shall introduce or cause to be introduced
directly or indirectly into the facilities of ALCOSAN or into any
sewer, pipe or other conveyance located in the Township and transmitting
substances into the facilities of ALCOSAN, any toxic pollutant or
other wastewater which will:
A. Cause interference with the operation or performance
of ALCOSAN's treatment plant or other facilities; or
B. Pass through ALCOSAN's treatment plant or other facilities.
No person shall introduce, permit or cause to
be introduced, directly or indirectly, into the facilities of ALCOSAN
or into any piped sewer, pipe or other conveyance located in the Township
and transmitting substances into the facilities of ALCOSAN any of
the following:
A. Any substance which will endanger the life, health
or safety of the treatment plant sewer maintenance and plant operations
personnel or which would preclude safe entry into the sewer system
or any portion of the treatment plant.
B. Any ignitable, reactive, explosive, corrosive, or
hazardous waste, except as provided for by ALCOSAN's rules and regulations.
C. Any wastewater with a temperature greater than 140°
F. (60° C.).
D. Any waste which exceeds the naturally occurring background
levels for either Alpha, Beta, or Gamma radiation and/or any wastewater
containing any radioactive wastes or isotopes of such half life or
concentration not in compliance with applicable state or federal regulations.
E. Any solids or viscous substance capable of causing
obstruction to the flow in sewers or other interference with the proper
operations of ALCOSAN's facility or facilities discharging into the
ALCOSAN system.
F. Any noxious or malodorous liquids, gases or solids
which either singly or by interaction with other wastes may create
a public nuisance or adversely affect public health or safety.
G. Pathological wastes from a hospital or other medical
establishment.
H. Garbage, whether ground or not, except properly shredded
food waste garbage resulting from the proper use of a garbage grinder
or disposer type approved by ALCOSAN and maintained in good operating
condition.
I. Sludges or other materials from septic tanks or similar
facilities or from sewage or industrial waste treatment plants or
from water treatment plants, unless the discharge of such sludges
and other materials is specifically approved by ALCOSAN.
J. Any pollutant including oxygen demanding pollutants
released in a discharge at a flow rate and/or pollutant concentration
which will cause interference with the ALCOSAN facilities.
K. Any substance which will cause ALCOSAN's effluent
or any other product of the ALCOSAN facilities, such as residues,
sludges, or scums, to be unsuitable for reclamation processes, including
any substance which will cause the ALCOSAN facility to be in noncompliance
with sludge use or disposal criteria, guidelines, or regulations developed
under Section 405 of the Act, any criteria, guidelines, or regulations
promulgated pursuant to the Solid Waste Disposal Act, the Clean Air
Act, the Toxic Substances Control Act or state laws or regulations
applicable to the treatment or disposal of such effluent or such product.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $300 nor more than $1,000, plus costs of
prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 30 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition,
any person violating any provision of the ALCOSAN pretreatment regulations
may be subject to administrative and civil penalties as provided for
by the pretreatment regulations and administered by ALCOSAN. Such
penalties may include, but are not limited to, injunctive relief and
penalties of up to $25,000 per day, per violation, as provided for
by the Publicly Owned Treatment Works Penalty Law, 35 P.S. § 752.1
et seq. Authority to so enforce the pretreatment regulations is granted
to ALCOSAN, and is in addition to but not in place of any other remedy
available to the Township.