For the purposes of this article, the following terms shall
have the meanings hereafter designated:
ALCOSAN
The 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 of the 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 a pH meter.
B.
It is a liquid and corrodes steel (SAE1020) at a rate greater
than 6.35 millimeters (0.250 inch) per year at a 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. (140°
F.) using the test methods specified in 40 CFR 261.21.
B.
It is an oxidizer as defined in 49 CFR 173.151.
INTERFERENCE
A discharge originating in the Municipality 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 operation 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 the 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,
is 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 173.53 or a Class B explosive
as defined in 49 CFR 173.88.
THE ACT
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1351 et seq.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Environmental Protection Agency
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 groundwater, 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 Municipality 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.
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 Municipality
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 solid 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 or 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 violating any provision of this article shall, upon
conviction, be punished by a fine not to exceed the sum of $1,000
for each offense, recoverable with costs, and, in default of payment
of the fine and costs, shall be subject to imprisonment in the Allegheny
County Jail for a period not exceeding 30 days. Each day a violation
is continued shall 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 Municipality.