For the purposes of this article, 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, 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 (SAE10202) at a rate greater
than 6.35 mm (0.250 in.) 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 § 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 60° C. (140°
F.) using the test methods specified in 40 CFR 261.21.
INTERFERENCE
A discharge originating in the Township 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 operations or its sludge processes use or disposal.
B.
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, 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 a 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, any other legal entity, or its legal representatives, agents
or assigns.
pH
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen icons 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 49 CFR 173.51, or a Class A explosive as defined 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 EPA pursuant to Section 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 Township 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.
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 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 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 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 substances 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.
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 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 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 Township.