BOROUGH OF WEST MIFFLIN
AN
ORDINANCE - REGULATING THE DISCHARGE OF WASTE MATERIALS INTO SEWERS OF THE
BOROUGH OF WEST MIFFLIN; PROHIBITING THE DISCHARGE THERE INTO OF WASTES WHICH
MAY DAMAGE THE SEWERS OR OTHER FACILITIES OF THE BOROUGH OF WEST MIFFLIN OR
OF THE ALLEGHENY COUNTY SANITARY AUTHORITY. WHICH MAY INTERFERE WITH OR PASS
THROUGH THE ALLEGHENY COUNTY SANITARY AUTHORITY SEWAGE TREATMENT PROCESS,
OR WHICH MAY ENDANGER LIFE, HEALTH OR SAFETY, OR MAY VIOLATE LAWS, RULES
OR REGULATIONS CONTROLLING THE DISCHARGE OF SEWAGE AND INDUSTRIAL WASTE AS
PROMULGATED BY THE FEDERAL GOVERNMENT, THE COMMONWEALTH OF PENNSYLVANIA, THE
COUNTY CF ALLEGHENY, THE OHIO VALLEY WATER SANITATION COMMISSION OR BY THE
ALLEGHENY COUNTY SANITARY AUTHORITY; AND PROVIDING FOR PENALTIES FOR VIOLATION.
WHEREAS, the Borough of West Mifflin, (hereinafter
called “Borough”) is a party to a long-term sewage service agreement with
the Allegheny County Sanitary Authority
(hereinafter called “ALCOSAN”) whereby the sewers located in said Borough
connect to ALCOSAN sewers and ALCOSAN operates and maintains a Sewage Disposal
System providing sewage treatment service for the sewage coming from the Borough.
WHEREAS, the discharge of certain wastes into
Borough sewers could damage or clog not only the Borough’s sewers but also
the structures and other facilities of the ALCOSAN sewage Disposal System,
could interfere with the proper operation thereof or pass through the ALCOSAN
Sewage Disposal System untreated; and
WHEREAS, some of such wastes are dangerous to
the health, life and safety of operating personnel and the public, and some
create offensive nuisance conditions; and
WHEREAS, the said sewage service agreement requires
the Borough to exercise its rights and powers to carry into effect the purposes
and intent of such agreement and requires the Borough to enact an ordinance
incorporating all or designated portions of ALCOSAN’s Rules and Regulations
and providing appropriate penalties for the violation thereof, to amend such
ordinance from time to time as requested by ALCOSAN and to enforce the provisions
thereof fully and prosecute all violators thereof diligently;
WHEREAS, pursuant to the Federal Water Pollution Control Act, 33 U.S.C.
sl2Sl, et seq., and the regulations promulgated pursuant thereto, 40 C.F.R.
s403.l et seq., ALCOSAN is required
to develop a pretreatment program, regulating the discharge of pollutants
by industrial users into the Sewage Disposal System;
NOW, THEREFORE, in order to safeguard health,
safety and life and insure the proper collection, treatment and disposal of
sewage, as well as to protect the sewers and other facilities of the Borough
and ALCOSAN, the following is hereby ordained end enacted;
SECTION 1. For the purposes of this Ordinance, the following terms shall have
the meanings hereinafter designated:
(a) Interference. The term “interference” shall mean 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. 0691.1, 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. 56~O1, et seq.), including Title Ii, more commonly referred
to as the Resource Conservation and Recovery Act and including all Commonwealth
of Pennsylvania Department of Environmental Resources Regulations prepared
pursuant to Subtitle D of the Solid Waste Disposal Act, the Clean Air Act
(42 U.S.C. 16901, 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;
(i) 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.
(ii) discharges wastewater which substantially differs in nature or constituents from the user s average discharge; or
(iii) 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.
(b) Pass Through. The term “pass through” shall
mean 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:
(i) 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.
(ii) discharges wastewater which substantially
differs in nature or constituents from the user’s average discharge;
SECTION 2.
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 (a)
cause interference with the operation or performance of ALCOSAN’s treatment
plant or other facilities or (b) pass through ALCOSAN’s treatment plant or
other facilities.
SECTION 3.
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:
(a) 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 contributes 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.
(b) Any substance which will endanger the life, health or safety of the treatment plant, sewer maintenance arid plant operations personnel or which would preclude safe entry into the sewer system or any portion of the treatment plant.
(c) Any
ignitable, reactive, explosive or corrosive waste.
SECTION 4.
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 & National Categorical or General Pretreatment Standards
promulgated by the U.S. Environmental Protection Agency pursuant to Sections
307(b) and (c) of the Federal Water Pollution Control Act (33 U.S.C. 11317
(b) and (c).
SECTION 5.
No person, firm, association
or corporation shall take any action or do or cause to hoe done anything in
violation of any provision of the Federal Water Pollution Control Act or of
any regulation promulgates by the U.S. Environmental Protection Agency pursuant
thereto.
SECTION 6.
No person, firm1 association
or corporation shall take any action or do or cause to be done any thing 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.
SECTION 7.
Any person1 firm,
association, or corporation violating
any provision of this ordinance shall, upon conviction, be punished by a fine
not to exceed the sum of Three Hundred ($300.00) Dollars 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
thirty (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.
SECTION 8.
The provisions of this ordinance
arc severable, and the invalidity of any section, clause, sentence or provision
of this ordinance shall not affect or impair the validity of any other part
of the ordinance which can be given effect without the invalid part or parts.
SECTION 9.
Any ordinance Or part of ordinance
conflicting with the provisions of this ordinance is hereby repealed, so far
as the same conflicts with this ordinance.
ORDAINED and ENACTED this 4th
day of September 1984.
BOROUGH OF WEST MIFFLIN
ATTEST:
Examined and approved this
4th day of September, 1984.