For the purposes of this article, the following terms shall
have the meanings hereafter designated:
ACT
The Federal Water Pollution Control Act, also known as The
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
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 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.)
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 gasses, 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 gasses, 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 173.98.
HAZARDOUS WASTE
All wastes that are defined as hazardous under the regulations
enacted pursuant to the Resource Conservation and Recovery Act 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 Borough 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.
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 and 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, co-partnership, 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 soil, 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 manmade or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of water.
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.
WASTE WATER
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, water ways,
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.
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 Borough.