[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Municipal claims — See Ch. 205.
[Adopted 9-4-1984 by Ord. No. 834 (Ch. 18, Part 1, of the
1989 Code)]
For the purposes of this article, the following terms shall
have the meanings hereinafter designated:
Any inhibition or disruption of the ALCOSAN[1] 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:
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;
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge; or
Knows or has reason to know that its discharge 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.
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:
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.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge;
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.
[1]
Editor's Note: The Allegheny County Sanitary Authority (ALCOSAN).
A.
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: 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.
B.
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:
(1)
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 contribute 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.
(2)
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.
(3)
Any ignitable, reactive, explosive or corrosive waste.
(4)
All wastes that are defined or listed as hazardous under the regulations
enacted by agencies of the federal government or the Commonwealth
of Pennsylvania.
(5)
Any wastewater with a temperature great enough to inhibit biological
activity in the ALCOSAN Treatment Plant.
(6)
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.
(7)
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 ALCOSAN's
system.
(8)
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.
(9)
Pathological wastes from a hospital or other medical establishment.
(10)
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.
(11)
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.
(12)
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.
C.
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
a national categorical or general pretreatment standards promulgated
by the United States 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)].
A.
No person, firm, association or corporation shall take any action
or do or cause to be done anything in violation of any provision of
the Federal Water Pollution Control Act or of any regulation promulgated
by the United States Environmental Protection Agency pursuant thereto.
B.
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.
[Amended 11-14-1989 by Ord. No. 899]
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 $1,000 and costs or, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 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.
[Adopted 4-1-1997 by Ord. No. 954 (Ch. 18, Part 2, of the
1989 Code)]
This article shall be known as the "Wilmerding Sewage Charge
Ordinance."
There is herein imposed a charge on all sewage fees and charges
as determined by ALCOSAN to Wilmerding residents in the amount of
25% of such bill. The collector of sewage accounts shall calculate
and collect such charge on behalf of the Borough.
It is found that this charge is a reasonable approximation of
expenses of the Borough of Wilmerding in regard to the operation,
maintenance, repair and upgrading of the sanitary sewage system.
The sewage fee collector is hereby directed and authorized to
impose and collect an additional ten-percent charge on all delinquent
accounts and remit the same to the Borough.
All attorneys' fees incurred shall be added to any delinquent
account pursuant to Chapter 205, Municipal Claims.
The Borough hereby confirms and reestablishes its right to terminate
water service to any resident, business or entity who or which has
failed to timely pay sewage charges. The shutoff procedure will be
followed pursuant to the laws of the Commonwealth of Pennsylvania.
Any fees, charges or expenses incurred in connection with such termination
shall be paid by the consumer.
This article shall take effect on April 1, 1997.
This article may be amended by simple resolution by the Borough
of Wilmerding. However, in the event of an increase of rates, the
same shall not go into effect until after advertising in accordance
with the law.
