[Adopted 1-16-1995 as Ord. No. 794[1]]
[1]
Editor's Note: This ordinance superseded
former Art. II, Discharge of Waste Materials, adopted 9-17-1984 as
Ord. No. 702
For the purposes of this Article, the following
terms shall have the meanings hereinafter designated:
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:
It is aqueous and has a pH of less than or equal
to five point zero (5.0) or greater than or equal to ten point zero
(10.0), as determined by pH meter.
It is a liquid and corrodes steel (SAE1020)
at a rate greater than 6.35 millimeters [twenty-five hundredths (0.25)
inch] per year at a test temperature of 55ºC. [130ºF.].
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.
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 of Mount Oliver 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; and
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 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.
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 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 gasses,
vapors or fumes in a quantity sufficient to present a danger to human
health or the environment.
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.
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 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 Federal Water Pollution Control Act, also known as the
Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA, pursuant to Section 307(A)
of the Act.
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.
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 of Mount Oliver
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
of Mount Oliver 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.
[Amended 3-20-1995 by Ord. No. 798]
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 of Mount Oliver.
[Added 4-16-2001 by Ord. No. 853]
A.
Purposes. The purpose of this section is to establish
procedures for the use and maintenance of existing and new holding
tanks or controlled discharge systems designed to receive and retain
sewage, and it is hereby declared that the enactment of this section
is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this borough.
B.
AUTHORITY
CONTROLLED DISCHARGE SYSTEM
HOLDING TANK
IMPROVED PROPERTY
MUNICIPALITY
OWNER
PERSON
SEWAGE
Definitions. Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this section shall
be as follows:
Council of the Borough of Mount Oliver, Allegheny County,
Pennsylvania.
A watertight receptacle, whether permanent or temporary,
which receives sewage conveyed by a water carrying system and is designed
to release the sewage into an existing sewage system during low flow
period. This system shall act as a holding tank only during times
when the existing sewer system is in a surcharged condition.
A watertight receptacle, whether permanent or temporary,
which receives and retains sewage conveyed by a water carrying system
and is designed and constructed to facilitate the ultimate disposal
of the sewage at another site.
Any property within the borough upon which there is erected
or to be erected a structure intended for continuous or periodic habitation,
occupancy or use by human beings or animals and from which structure
sewage shall or may be discharged.
The Borough of Mount Oliver, Allegheny County, Pennsylvania.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the borough.
Any individual, partnership, company, association, corporation
or other group or entity.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health or to animal or aquatic life or to the use of
water for domestic water supply or for recreation.
C.
Rights and privileges granted. The Authority is hereby
authorized and empowered to undertake within the borough the control
and methods of holding tank or controlled discharge system use, sewage
disposal and sewage collection and transportation thereof.
D.
Rules and regulations. The Authority is hereby authorized
and empowered to adopt such rules and regulations concerning sewage
which it may deem necessary from time to time to effect the purposes
herein.
E.
Rules and regulations to be in conformity with applicable
law. All such rules and regulations adopted by the Authority shall
be in conformity with the provisions herein, all other ordinances
of the borough and all applicable laws and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
F.
Rates and charges. The Authority shall have the right
and power to fix, alter and collect rates, assessments and other charges
in the area served by its facilities at reasonable and uniform rates
as authorized by applicable law.
G.
Exclusiveness of rights and privileges.
(1)
The collection and transportation of all sewage from
any improved property utilizing a holding tank or controlled discharge
system shall be done solely by or under the direction and control
of the Authority, and the disposal thereof shall be made only at such
site or sites as may be approved by the Department of Environmental
Protection of the Commonwealth of Pennsylvania.
(2)
The Authority will receive, review and retain pumping
receipts from permitted holding tanks.
(3)
The Authority will complete and retain annual inspection
reports for each permitted tank.
H.
Duties of improved property owner. The owner of any
improved property that utilizes a holding tank or controlled discharge
system shall:
(1)
Maintain the holding tank or controlled discharge
system in conformance with this or any ordinance of this borough,
the provisions of any applicable law and the rules and regulations
of the Authority and any administrative agency of the Commonwealth
of Pennsylvania.
(2)
Permit only the Authority or its agent to inspect
holding tanks or controlled discharge systems on an annual basis.
(3)
Permit only the Authority or agent to collect, transport
and dispose of the contents therein.
I.
Violations. Any person who violates any provisions of § 191-14H shall, upon conviction thereof, be sentenced to pay a fine of not less than $300 and not more than $1,000, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
J.
Abatement of nuisances. In addition to any other remedies provided in this section, any violation of § 191-14H above, shall constitute a nuisance and shall be abated by the borough by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
K.
Coordination with regulations of the Allegheny County
Sanitary Authority. In the event that regulations of the Allegheny
County Sanitary Authority shall conflict with the provisions of this
section, said regulations shall control.
