[Ord. 185, 6/10/1931, § 1]
It shall be unlawful for the owner or owners of any building
or buildings of any kind or character to drain or to cause, permit
or allow to be drained, any surface, storm or roof water into the
sanitary sewer system of Forest Hills Borough.
[Ord. 185, 6/10/1931, § 2]
In all cases where surface, storm and/or roof water is now or has heretofore been drained into the sanitary sewer system, the owner or owners of the property or properties discharging the same shall perform the necessary act or acts to comply with § 18-201 hereof.
[Ord. 185, 6/10/1931, § 3; as amended by Ord. 442,
6/23/1965, § 1]
All work contemplated by this Part shall be done under the direct
supervision and inspection of the Ordinance Enforcement Officer, and
shall not be covered or concealed until after it has been inspected
and approved by him.
[Ord. 185, 6/10/1931, § 4; as amended by Ord. 830,
3/18/1992; and by Ord. 976, 1/16/2008]
1.
If the owner or owners of any property shall neglect or refuse to
comply with the provisions of this Part, the Street Committee by or
through its chairman may serve a written notice upon said owner or
owners, or upon the tenant or party in possession of the premises,
if said owner or owners cannot be found on the said premises, requiring
said owner or owners to comply in every respect with the provisions
of this Part within 30 days after the service of such notice, and
if said owner or owners shall neglect or refuse to comply with said
notice, the Street Committee shall perform or cause to be performed,
such work and labor, and furnish or cause to be furnished such material
as may be necessary to comply with the provisions of this Part at
the cost and expense of such owner or owners together with 10% additional
thereon and all charges and expenses incident thereto which sum shall
be collected from said owner or owners for the use of Forest Hills
Borough as debts are by law collectible, or the said Borough may,
by its proper officer, file a municipal claim or lien therefor against
said premises as provided by the Act or Acts of Assembly in such cases
made and provided, and in addition to any penalty hereinabove prescribed,
any person, firm or corporation violating any of the provisions of
this Part shall, upon conviction thereof, be sentenced to pay a fine
not less than $100 nor exceeding $1,000 and costs and, in default
of payment thereof, shall be subject to imprisonment for a term not
to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
2.
The Forest Hills Borough may follow either or both of the remedies
herein prescribed in order to enforce compliance with the provisions
of this Part.
[Ord. 854, 12/21/1994, § 1]
For the purposes of this Part, the following terms shall have
the meaning 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 § 261.
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
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, the Solid
Waste Disposal Act (including Title 2 or more commonly referred to
as the Resource Conversation 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.
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 man made 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 gasses, 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 gasses, 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, as amended, 33 U.S.C. § 1251 et seq.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA, pursuant to Section 307(A)
of the Act.
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 storm water that
may be present, whether treated or untreated, which is contributed
directly or indirectly into the facilities of ALCOSAN.
All streams, lakes, ponds, marshes, water courses, 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.
[Ord. 854, 12/21/1994, § 2]
1.
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:
[Ord. 854, 12/21/1994, § 3]
1.
No person shall introduce, permit or cause to be introduced, directly
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, gasses 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
§ 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.
[Ord. 854, 12/21/1994, § 4]
[Ord. 854, 12/21/1994, § 5; as amended by Ord.
976, 1/16/2008]
1.
Any person, firm or corporation who violates a provision of this Part, 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. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter 1 of this Code.
2.
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 Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3.
The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
4.
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.
