For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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); 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 state 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. §§ 16901 et seq.) and the Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.), County 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:
(1) Discharges daily pollutant loading in excess of that allowed by permit or by contract with ALCOSAN or by federal, commonwealth, county, ALCOSAN or borough laws, ordinances, rules or regulations;
(2) Discharges wastewater which substantially differs in nature or constituents from the user’s average discharge; and
(3) 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.
(1) Any discharge of pollutant through the facilities of ALCOSAN into navigable waters or any stream in the commonwealth 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).
(2) 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, county, 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; and
(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.
(Ord. 936, passed 9-18-1984)