For the purpose of this article, the following terms shall have
the meanings hereafter designated:
ALCOSAN
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 5 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 mm (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 Chapter 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, along 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; and therefore
B.
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 Substance 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 discharge 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 representative, 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 or 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 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 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. § 1251 et seq.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA, pursuant to Section 307A of
the Act.
WASTE WATER
The liquid and water carrying 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 Borough/Township 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; or
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 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 Section 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.
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 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.
The provisions of this article are severable, and the invalidity
of any section, clause, sentence or provision of this article shall
not affect or impair the validity of any other part of the ordinance
which can be given effect without the invalid part or parts.
Any ordinance or part of ordinance conflicting with the provisions
of this article is hereby repealed, so far as the same conflicts with
this article.