[Adopted 11-21-1994 by Ord. No. 930 (Ch. 18, Part 4, of the
1987 Code of Ordinances)]
For the purposes of this article, the following terms shall
have the meaning hereafter designated:
The Federal Water Pollution Control Act, also known as the
"Clean Water Act," as amended, 33 U.S.C. § 1251 et seq.
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.
A waste or substance which has any of the following properties:
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 discharge originating in the Borough/Township which, alone
or in conjunction with a discharge or discharges from other sources,
both:
Inhibits or disrupts the ALCOSAN facilities, its treatment processes
or operations or its sludge processes, use or disposal.
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,[4] the Solid Waste Disposal Act[5] (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[6] and the Toxic Substances Control Act.[7]
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).
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.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
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.
The man-made or man-induced alteration of the chemical, physical,
biological and/or radiological integrity of water.
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:
It is normally unstable and readily undergoes violent change
without detonating.
It reacts violently with water.
It forms potentially explosive mixtures with water.
When mixed with water, it generates toxic gases, vapors or fumes
in a quantity sufficient to present danger to human health or the
environment.
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.
It is capable of detonation or explosive reaction if it is subjected
to a strong initiating source or if heated under confinement.
It is readily capable of detonation, explosive decomposition
or reaction at standard temperature and pressure.
It is forbidden explosive as defined in 40 CFR 173.51 or a Class
B explosive as defined in 49 CFR 173.88.[8]
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA, pursuant to Section 307(a)
of the Act.[9]
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.
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.
[1]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[3]
Editor's Note: Section 261 of 25 Pa. Code was reserved 4-30-1999.
See now 25 Pa. Code § 261a.
[4]
Editor's Note: See 33 U.S.C. § 1345.
[5]
Editor's Note: See 42 U.S.C. § 6901 et seq.
[6]
Editor's Note: See 42 U.S.C. § 7401 et seq.
[7]
Editor's Note: See 15 U.S.C. § 2601 et seq.
[8]
Editor's Note: The references to "Class B explosive" and the
citation of 49 CFR 173.88 appear to be outdated. For current provisions,
see 49 CFR § 173.1 et seq.
[9]
Editor's Note: See 33 U.S.C. § 1317(a).
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:
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/Township
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 plan.
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
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, 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 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,[1] any criteria, guidelines or regulations promulgated pursuant
to the Solid Waste Disposal Act,[2] the Clean Air Act,[3] the Toxic Substance Control Act[4] 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/Township.