As used in this Article, the following terms shall have the meanings
indicated:
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 five 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
millimeters [two hundred fifty thousandths (0.250) inch] per year at a test
temperature of 55º C. (130º 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 has any of
but is not limited to the following properties:
A.
It is liquid with a flash point less than 60º C. (140º 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, alone or in conjunction
with a discharge or discharges from other sources, both:
A.
Inhibits or disrupts the ALCOSAN facilities, its treatment processes
or operation 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 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:
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 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 Environmental Protection Agency (EPA), pursuant to Section
307(A) of the Act.
WASTEWATER
The liquid- and water-carried industrial or domestic waste 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:
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 140º
F. (60º 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.
No person shall take any action or do or cause to be done anything in
violation of any rule or regulation of ALCOSAN. The pretreatment regulations
of the Allegheny County Sanitary Authority are incorporated into this Article
by reference as though fully set forth herein.
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. § 72.1 et seq. Authority to so enforce
the pretreatment regulation is granted to ALCOSAN and is in addition to but
not in place of any other remedy available to the borough.