For the purposes of this article, the following
terms shall have the meanings hereinafter designated:
INTERFERENCE
Any inhibition or disruption of the ALCOSAN facilities, its treatment processes or operations or its
sludge processes, use or disposal, or of any sewer, pipe or other
conveyance located in the Borough and transmitting substances into
the ALCOSAN facilities which is a cause of and significantly contributes
to either a violation of any requirement of ALCOSAN's national pollution
discharge elimination system permit (hereinafter called "NPDES permit"),
including an increase in the magnitude or duration of a violation,
or to the prevention of sewage sludge use or disposal by ALCOSAN in
accordance with the following statutory provisions and rules, regulations
or permits issued thereunder: the Pennsylvania Sewage Facilities Act
(35 P.S. § 750.1 et seq.); the Pennsylvania Clean Streams
Act (35 P.S. § 691.1 et seq.); the Pennsylvania Solid Waste
Management Act (35 P.S. § 6018.101); the Federal Water Pollution
Control Act (33 U.S.C. § 1251 et seq.), including Title
11, more commonly referred to as the "Resource Conservation and Recovery
Act"; and including all Commonwealth of Pennsylvania statutes and
Pennsylvania Department of Environmental Protection regulations prepared
pursuant to the Subtitle D of the Solid Waste Disposal Act, the Clean
Air Act (42 U.S.C. § 6901 et seq.) and the Toxic Substances
Control Act (15 U.S.C. § 2601 et seq.); the County of Allegheny
Health Code; and the pollution control standards of the Ohio River
Valley Water Sanitation Commission. A user significantly contributes
to such a permit violation or prevention of sludge use or disposal
in accordance with the above-cited laws whenever such user:
A.
Discharges daily pollutant loading in excess
of that allowed by permit or by contract with ALCOSAN or by federal,
Commonwealth of Pennsylvania, County of Allegheny, ALCOSAN or Borough
laws, ordinances, rules or regulations.
B.
Discharges wastewater which substantially differs
in nature or constituents from the user's average discharge.
C.
Knows or has reason to know that its discharge,
alone or in conjunction with discharges from other sources, would
result in the violation of ALCOSAN's NPDES permit or prevent sewage
sludge use or disposal in accordance with the above-cited laws as
they apply to ALCOSAN's selected method of sludge management.
PASS THROUGH
Any discharge of a pollutant through the facilities of ALCOSAN
into navigable waters or any stream in the Commonwealth of Pennsylvania
in quantities or concentrations which are a cause of and significantly
contribute to such a permit violation, where it:
A.
Discharges a daily pollutant loading in excess
of that allowed by permit or by contract with ALCOSAN or by federal,
Commonwealth of Pennsylvania, County of Allegheny, ALSOSAN or the
Borough laws, ordinances, rules or regulations.
B.
Discharges wastewater which substantially differs
in nature or constituents from the user's average discharge.
C.
Knows or has reason to know that its discharge,
alone or in conjunction with discharges from other sources, would
result in a permit violation.
D.
Knows or has reason to know that ALCOSAN is,
for any reason, violating its final effluent limitations in its permit
and that such user's discharge, either alone or in conjunction with
discharges from other sources, increases the magnitude or duration
of ALCOSAN's violations.
No person, firm, association or corporation
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 Borough and transmitting substances into the facilities
of ALCOSAN any toxic substance, pollutant or other wastewater which
will cause interference with the operation or performance of ALCOSAN's
treatment plant or other facilities or pass through ALCOSAN's treatment
plant or other facilities.
No person, firm, association or corporation
shall introduce, permit or cause to be introduced, directly or indirectly,
into the facilities of ALCOSAN or into any sewer, pipe or other conveyance
located in the Borough and transmitting substances into the facilities
of ALCOSAN any of the following:
A. Any pollutant or wastewater which will interfere with
or substantially adversely affect the operation or performance of
the ALCOSAN treatment plant or pass through said plant into navigable
waters or streams of the Commonwealth of Pennsylvania in quantities
or concentrations which are a cause of and significantly contribute
to a violation of any requirement of the above-cited laws or the ALCOSAN
NPDES permit or adversely affect the use or disposal of ALCOSAN sludge
or other residues.
B. 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.
C. Any ignitable, reactive, explosive or corrosive waste.
D. All wastes that are defined or listed as hazardous
under the regulations enacted by agencies of the federal government
or the Commonwealth of Pennsylvania.
E. Any wastewater with a temperature great enough to
inhibit biological activity in the ALCOSAN treatment plant.
F. 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 with such half-life
or concentration not in compliance with applicable state or federal
regulations.
G. Any solids or viscous substances capable of causing
obstruction to the flow in sewers or other interference with the proper
operation of ALCOSAN's facilities or facilities discharging into the
ALCOSAN system.
H. 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.
I. Pathological wastes from a hospital or other medical
establishment.
J. Garbage, whether ground or not, except properly shredded
food waste garbage resulting from the proper use of a garbage grinder
or disposer of a type approved by ALCOSAN and maintained in good operating
condition.
K. 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.
L. Any substance which violates discharge regulations
as established by authorized agencies of the federal government, the
Commonwealth of Pennsylvania, the Ohio River Valley Water Sanitation
Commission, Allegheny County or ALCOSAN.
No person, firm, association or corporation
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 Borough and transmitting substances into the facilities
of the Sanitary Authority any toxic substance, pollutant or other
wastewater in violation of national categorical or general pretreatment
standards promulgated by the United States Environmental Protection
Agency pursuant to Sections 307(b) and (c) of the Federal Water Pollution
Control Act [33 U.S.C. § 1317(b) and (c)].
No person, firm, association or corporation
shall take any action or do or cause to be done anything in violation
of any provision of the Federal Water Pollution Control Act or of
any regulation promulgated by the United States Environmental Protection
Agency pursuant thereto.
No person, firm, association or corporation
shall take any action or do or cause to be done any thing in violation
of any rule or regulation of ALCOSAN or of the laws, ordinances, rules
or regulations of the Commonwealth of Pennsylvania, the County of
Allegheny, the Ohio River Valley Water Sanitation Commission or the
Borough pertaining to sewage discharge, introduction or treatment.
[Amended 5-10-2005 by Ord. No. 702]
Any person, firm, association or corporation
violating any provision of this article shall, upon conviction, be
punished by a fine of not less than $100 nor more than $1,000 for
each offense, recoverable with costs, and, in default of payment of
the fine and costs, shall be subject to imprisonment for a period
not exceeding 30 days. Each day that a violation is continued shall
constitute a separate offense. In the case of firms or associations,
the penalty may be imposed upon the partners or members thereof, and
in the case of corporations upon the officers thereof.