[Adopted 11-11-1994 by Ord. No. 1971; amended in its entirety 12-12-2017 by Ord. No. 2588]
For the purposes of this article, the following terms shall
have the meanings hereafter designated:
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.
A waste or substance which has any of the following properties:
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 Ch. 261a.
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 discharge originating in the Borough which, alone or in
conjunction with a discharge or discharges from other sources, both:
Inhibits or disrupts the ALCOSAN facilities, its treatment processes
or operations or its sludge processes, use or disposal; and
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,[1] the Solid Waste Disposal Act (including Title 2 or more
commonly referred to as the "Resource Conservation and Recovery Act"[2] and including state regulations contained in and State
Sludge Management Plan prepared pursuant to subtitle D of the Solid
Waste Disposal Act), the Clean Air Act[3] and the Toxic Substances Control Act.[4]
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).
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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
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.
The fabricated or man-induced alteration of the chemical,
physical, biological, and/or radiological integrity of water.
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:
It is normally unstable and readily undergoes violent change
without detonating.
It reacts violently with water.
It forms potentially explosive mixtures with water.
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.
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.
It is capable of detonation or explosive reaction if it is subjected
to a strong initiating source or if heated under confinement.
It is readily capable of detonation, explosive decomposition
or reaction at standard temperature and pressure.
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 Federal Water Pollution Control Act, also known as "The
Clean Water Act," using the most recent amended version thereof.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the Environmental Protection Agency
("EPA") pursuant to the most recent amended version of the Act.
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.
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 Borough and transmitting substances
into the facilities of ALCOSAN, any toxic pollutant or other wastewater,
which will:
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 Borough 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 disposable criteria, guidelines, or regulations developed
under Section 405 of the Act,[1] any criteria, guidelines, or regulations promulgated pursuant
to the Solid Waste Disposal Act,[2] the Clean Air Act,[3] the Toxic Substances Control Act[4] or state laws or regulations applicable to the treatment
or disposal of such effluent or such product.
A.
No person shall take any action or do or cause to be done anything
in violation of any rule or regulation of ALCOSAN, or the laws, ordinances,
rules or regulations of the Commonwealth of Pennsylvania, County of
Allegheny, or the Borough pertaining to sewage discharge, introduction
or treatment.
B.
The pretreatment regulations of the Allegheny County Sanitary Authority
are incorporated into this article by reference as though fully set
forth herein.
A.
Any person, firm or corporation who violates a provision of this
article, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $1,000 for each violation, plus
costs, and, in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
B.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
found to have been violated. All fines and penalties for the violation
of this article shall be paid to the Borough.
C.
The Borough may also commence appropriate actions in equity, at law
or other to prevent, restrain, correct, enjoin, or abate violations
of this article.
D.
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 Borough.
