[Ord. 1143, passed 4-24-1995]
As used in this article, the following terms shall have the
meaning hereinafter designated:
ACT
The Federal Water Pollution Control Act also known as The
Clean Water Act, as amended, 33 USC 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 (SAE 1020) at a rate greater
than 6.35 mm (0.250 in.) per year at a test temperature of 55°
(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 261.
IGNITABLE WASTE
A waste or substance which can create a fire hazard in the
sewage collection system or the ALCOSAN Treatment Facility which as
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 Town 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; and
(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 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.
MCCANDLESS TOWNSHIP SANITARY AUTHORITY
The municipal authority responsible for the operation of
sanitary sewer collection facilities within the area of the Town for
which treatment of such sewage waste is provided by ALCOSAN facilities.
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 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 of 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 gases, 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 gases, 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 173.88.
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA, 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 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.
WATERS OF THE COMMONWEALTH
All streams, lakes, ponds, marshes, water courses, water
ways, wells, springs, reservoirs, aquifers, irrigation systems, drainage
systems or 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. 1143, passed 4-24-1995]
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 Town and transmitting substances
into the facilities of ALCOSAN, any toxic pollutant or other waste
water 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.
[Ord. 1143, passed 4-24-1995]
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 Town 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 waste water 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 waste water
containing any radioactive wastes or isotopes of such half life or
concentration not in compliance with applicable State or Federal regulations;
(e) Any solid or viscous substance capable of causing obstruction to
the flow in sewers or other interference with the proper operation
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 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; or
(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.
[Ord. 1143, passed 4-24-1995]
(a) No person shall take any action or cause to be done anything in violation
of any rule or regulation of ALCOSAN.
(b) The pretreatment regulations of the Allegheny County Sanitary Authority
are incorporated into this article by reference as though fully set
forth herein.
[Ord. 1143, passed 4-24-1995]
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 article
which can be given effect without the invalid part of parts.
[Ord. 1143, passed 4-24-1995]
The provisions of this article are expressly limited to facilities
of ALCOSAN or any sewer, pipe or other conveyance located in the Town
and transmitting substances into the facilities of ALCOSAN and expressly
excludes any such sewer, pipe or other conveyance which does not transmit
substances into the facilities of ALCOSAN,
[Ord. 1143, passed 4-24-1995]
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 Town or to the McCandless Township Sanitary Authority.