For the purposes of this Part, the following
terms shall have the meaning 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:
1.
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.
2.
It is a liquid and corrodes steel (SAE1020)
at a rate greater than 6.35 millimeters (0.250 inches) 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 Ch. 261a, Identification and
Listing of Hazardous Waste.
[Amended at time of adoption of Code (see AO)]
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:
1.
It is liquid with a flash point less than 60°
C. (140° F.) using the test methods specified in 40 CFR 261.21.
2.
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:
1.
Inhibits or disrupts the ALCOSAN facilities,
its treatment processes or operations or its sludge processes, use
or disposal; and
2.
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): § 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, copartnership, 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:
1.
It is normally unstable and readily undergoes
violent change without detonating.
2.
It reacts violently with water.
3.
It forms potentially explosive mixtures with
water.
4.
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.
5.
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.
6.
It is capable of detonation or explosive reaction
if it is subjected to a strong initiating source or if heated under
confinement.
7.
It is readily capable of detonation, explosive
decomposition or reaction at standard temperature and pressure.
8.
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 Environmental Protection Agency
(EPA), pursuant to § 307(A) of the Act.
WASTEWATER
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, 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:
1. Cause interference
with the operation or performance of ALCOSAN's treatment plant or
other facilities; or
2. 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:
1. 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.
2. Any ignitable,
reactive, explosive, corrosive or hazardous waste, except as provided
for by ALCOSAN's Rules and Regulations.
3. Any wastewater
with a temperature greater than 140° F (60° C.).
4. 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.
5. 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.
6. 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.
7. Pathological
wastes from a hospital or other medical establishment.
8. 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.
9. 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.
10. 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.
11. 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.
Any person violating any provision of this Part
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.