For the purposes of this article, the following terms shall
have the meanings hereinafter designated:
INTERFERENCE
Any inhibition or disruption of the ALCOSAN facilities, its
treatment processes or operations, its sludge processes, use or disposal,
or of any sewer, pipe or other conveyance located in the Borough and
transmitting substances into the ALCOSAN facilities, which is a cause
of and significantly contributes to either a violation of any requirement
of ALCOSAN's National Pollution Discharge Elimination System
permit (hereinafter called "NPDES permit") including an increase in
the magnitude or duration of a violation or to the prevention of sewage
sludge use or disposal by ALCOSAN in accordance with the following
statutory provisions and rules, regulations or permits issued thereunder:
Pennsylvania Sewage Facilities Act (35 P.S. § 750.1 et seq.),
Pennsylvania Clean Streams Act (35 P.S. § 691.1 et seq.),
Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101),
Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et
seq.), including Title II, more commonly referred to as the "Resource
Conservation and Recovery Act," and including all Commonwealth of
Pennsylvania statutes and Pennsylvania Department of Environmental
Protection regulations prepared pursuant to Subtitle D of the Solid
Waste Disposal Act, the Clean Air Act (42 U.S.C. § 6901
et seq.), and the Toxic Substances Control Act (15 U.S.C. § 2601
et seq.), County of Allegheny Health Code and the Pollution Control
Standards of the Ohio River Valley Water Sanitation Commission. (All
such statutory provisions, rules, regulations or permits are hereinafter
collectively called "Laws.") A user significantly contributes to such
a permit violation or prevention or sludge use or disposal in accordance
with the above-cited Laws whenever such user:
A.
Discharges daily pollutant loading in excess of that allowed
by permit or by contract with ALCOSAN or by federal, Commonwealth
of Pennsylvania, County of Allegheny, ALCOSAN or Borough laws, ordinances,
rules or regulations;
B.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge; or
C.
Knows or has reason to know that its discharges, alone or in
conjunction with discharges from other sources, would result in violation
of ALCOSAN's NPDES permit or prevent sewage sludge use or disposal
in accordance with the above-cited laws as they apply to ALCOSAN's
selected method of sludge management.
PASS THROUGH
Any discharge of pollutant through the facilities of ALCOSAN
into navigable waters or any stream in the Commonwealth of Pennsylvania
in quantities or concentrations which are a cause of and significantly
contribute to a violation of any requirement of ALCOSAN's NPDES
permit (including an increase in the magnitude or duration of a violation).
A user significantly contributes to such a permit violation where
it:
A.
Discharges a daily pollutant loading in excess of that allowed
by permit or by contract with ALCOSAN or by federal, Commonwealth
of Pennsylvania, County of Allegheny, ALCOSAN or the Borough laws,
ordinances, rules or regulations;
B.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge;
C.
Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in a
permit violation; or
D.
Knows or has reason to know that ALCOSAN is, for any reason,
violating its final effluent limitations in its permit and that such
user's discharge, either alone or in conjunction with discharges
from other sources, increases the magnitude or duration of ALCOSAN's
violations.
No person, firm, association or corporation 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 substance, pollutant or other wastewater which will cause
interference with the operation or performance of ALCOSAN's treatment
plant or other facilities.
No person, firm, association or corporation shall introduce,
permit 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 of the following:
A. Any pollutant or wastewater which will interfere with or substantially
adversely affect the operation or performance of the ALCOSAN treatment
plant, or pass through said plant into navigable waters or streams
of the Commonwealth of Pennsylvania in quantities or concentrations
which are a cause of and significantly contributes to a violation
of any requirement of the above-cited laws or the ALCOSAN NPDES permit,
or adversely affect the use or disposal of ALCOSAN sludge or other
residues.
B. 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.
C. Any ignitable, reactive, explosive or corrosive waste.
D. All wastes that are defined or listed as hazardous under the regulations
enacted by agencies of the federal government or the Commonwealth
of Pennsylvania.
E. Any wastewater with a temperature great enough to inhibit biological
activity in the ALCOSAN treatment plant.
F. 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.
G. Any solids or viscous substances capable of causing obstruction to
the flow in sewers or other interference with the proper operation
of ALCOSAN's facilities or facilities discharging into the ALCOSAN
system.
H. 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.
I. Pathological wastes from a hospital or other medical establishment.
J. Garbage, whether ground or not, except properly shredded food waste
garbage resulting from the proper use of a garbage grinder or disposer
of a type approved by ALCOSAN and maintained in good operating condition.
K. Sludges or other materials from septic tanks or similar facilities
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.
L. Any substance which violates discharge regulations as established
by authorized agencies of the federal government, the Commonwealth
of Pennsylvania, the Ohio River Valley Water Sanitation Commission,
Allegheny County or ALCOSAN.
No person, firm, association or corporation 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 the
Sanitary Authority any toxic substance, pollutant or other wastewater
in violation of the national categorical or general pretreatment standards
promulgated by the U.S. Environmental Protection Agency pursuant to
Sections 307(b) and (c) of the Federal Water Pollution Control Act
[33 U.S.C. § 1317(b) and (c)].
No person, firm, association or corporation shall take any action
or do or cause to be done any thing in violation of any provision
of the Federal Water Pollution Control Act or of any regulation promulgated by the U.S. Environmental
Protection Agency pursuant thereto.
No person, firm, association or corporation shall take any action
or do or cause to be done anything in violation of any rule or regulation
of ALCOSAN or of laws, ordinances, rules or regulations of the Commonwealth
of Pennsylvania, the County of Allegheny, the Ohio River Valley Water
Sanitation Commission or the Borough pertaining to sewage discharge,
introduction or treatment.
Any person, firm, association or corporation violating any provision
of this article shall, upon conviction, be punished by a fine not
to exceed the sum of $300 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 that a violation is continued shall constitute a
separate offense. In the case of firms or associations, the penalty
may be imposed upon the partners or members thereof and, in the case
of corporations, upon the officers thereof.
The provisions of this Article
II of this chapter are severable, and the validity 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 or parts.