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
et seq.), 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 11, 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.
C.
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.
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.
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.
[Amended 3-10-1998 by Ord. No. 667]
Any person who violates any provisions of this
article shall, upon conviction thereof by summary proceedings, be
sentenced to pay a fine of not less than $500 and not more than $5,000,
plus costs, or to imprisonment for a period not to excess of 90 days,
or both.