Borough of Green Tree, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Green Tree 9-11-1995 by Ord. No. 1290 (Ch. 1042 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Storm sewer system — See Ch. 286.
Stormwater management — See Ch. 295.
[1]
Editor’s Note: The Borough has sewage disposal agreements with Scott Township and the City of Pittsburgh. The former was executed on March 30, 1955. The latter are as follows:
Area/Borough Ordinance, Adoption Date:
Rook-Noblestown Road/Ord. 128, April 1, 1929.
Potomac Avenue/Ord. 198, September 16, 1936.
Greentree Road at Hamburg Street/Ord. 330, June 20, 1949.
Green Acres (Clearview and Terrace)/Ord. 337, November 7, 1949.
School Street/Ord. 349, March 5, 1951.
McMonagle Avenue/Ord. 352, March 26, 1951.
Ringold Area and School Street Area/Res. of November 5, 1956.
Avacoll-Crane Avenue/Res. of October 8, 1959.
Bell Run Area/(Letters of authority from City dated February 13 and September 6, 1957, and February 13, 1958).
Elmdale Road and Warriors Road/Ord. 826, October 7, 1974.
92.871 acres in the Borough; Bells Run Creek and Foster Plaza Development/Ord. 1007, December 20, 1982.
In addition to the foregoing, Ordinance 335, adopted October 17, 1949, authorized a comprehensive agreement with the City of Pittsburgh and the Allegheny County Sanitary Sewer Authority providing for sewage treatment and disposal service and imposing charges therefor.
Copies of all of the foregoing legislation and agreements are available, at cost, from the Assistant Borough Secretary.

§ 260-1 Adoption of ALCOSAN pretreatment regulations by reference.

The pretreatment regulations of the Allegheny County Sanitary Authority are hereby incorporated into this chapter by reference as though fully set forth herein.

§ 260-2 Definitions.

For the purpose of this chapter, the following terms shall have the following meanings:
ALCOSAN
The 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.
BOROUGH
The Borough of Green Tree.
BOROUGH ENGINEER
The engineer appointed by Council, as authorized under § C-1001 of the Green Tree Home Rule Charter.
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 5.0 or greater than or equal to 10, as determined by a pH meter;
B. 
It is a liquid and corrodes steel (SAE1020) at a rate greater than 6.35 millimeters (0.250 inch) per year at a test temperature of 55° C. (130° F.).
COUNCIL
The Council of the Borough of Green Tree.
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.[1]
IGNITABLE WASTE
A waste or substance which can create a fire hazard in the sewage collection system or the ALCOSAN treatment facility and which has any of, but is not limited to, the following properties:
A. 
It is a liquid with a flashpoint less than 60° C. (140° F.) using the test methods specified in 40 CFR 261.21;
B. 
It is an oxidizer, as defined in 49 CFR 173.151.
INTERFERENCE
A discharge originating in the Borough 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; and, therefore,
B. 
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 404 of the Clean Water Act, the Solid Waste Disposal Act (including Title 2, 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 or other legal entity, or its legal representatives, agents or assigns.
pH
The logarithm (base 10) of the reciprocal of the concentration of hydrogen ions, 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 OR EXPLOSIVE WASTE
A waste or substance which can create an explosion hazard in the sewage collection system or the ALCOSAN treatment facility and 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 it is heated under confinement;
G. 
It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; or
H. 
It is a forbidden explosive, as defined in 40 CFR 173.51, a Class A explosive, as defined in 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.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.

§ 260-3 Connection with public sewers required; number of buildings per house sewer.

[Amended 6-6-2011 by Ord. No. 1660]
Every property in the Borough, adjoining or abutting upon any street, alley or easement in which a public sewer is now or shall hereafter be located within 250 feet of such sewer system shall be connected with such sewer in such a manner and within such time as the Borough may order, for the purpose of the discharge of all fecal matter, human excrement, kitchen and laundry waste and other sewage from such property. All such sewage shall, after such connection, be conducted into such sewer. Every such property shall be connected separately and independently with the sewer through the house connection branch directly opposite the building or nearest to the building in a downstream direction. The grouping of buildings on one house sewer is not permitted, except under special circumstances and for good sanitary reasons, with special permission granted by Council upon the recommendation of the Borough Engineer.

§ 260-4 Connections made by the Borough; recovery of costs.

If the owner of any property, after 45 days' notice from the Borough to make a connection of such property with a sewer, fails to make such connection, the Borough may make such connection and may collect the cost thereof from such owner by a municipal claim or in an action in assumpsit, as is provided by law.

§ 260-5 Conditions prior to connecting.

No person shall make or cause to be made any connection of his or her property with any of the Borough sewers until he or she has fulfilled all of the following conditions:
A. 
Such person shall notify Council of his or her wish and intention to make such connection.
B. 
Such person shall have applied for and obtained a permit to excavate in the street, in accordance with Chapter 295, Article V, of this Code.
C. 
Such person shall have given the Borough Secretary at least 24 hours' notice of the time when such connection shall be made, in order that the Borough Engineer, or his or her authorized agent, can be present to supervise the work of such connection.
D. 
Such person shall pay a sewer connection fee to the Secretary, for the use of the Borough, based on use and occupancy, in accordance with the following schedule:
(1) 
There shall be a minimum sewer connection fee of $200;
(2) 
Every single-family dwelling unit will be charged the minimum sewer connection fee;
(3) 
Multifamily dwelling units will be charged the minimum sewer connection fee of $200 for each unit in the dwelling;
(4) 
For all uses other than residential, such person shall pay the minimum sewer connection fee of $200, which shall entitle the person to two water closets or urinals. For each additional water closet or urinal in the building or structure, an additional fee of $50 shall be charged for each additional water closet or urinal in the building or structure.

§ 260-6 Work specifications; supervisory authority.

All work of making connections to any of the Borough sewers shall be done under the personal supervision of the Borough Engineer, or his or her authorized agent, and shall conform to the following requirements:
A. 
All sewer connections shall be made at the place where the "Y" in the Borough sewer is provided, but if no "Y" is provided in the Borough sewer, the property owner making such connection shall, at his or her own expense, put in the "Y" in making such connection.
B. 
All joints shall be sealed and airtight, smooth and clean inside, with all sewers in straight alignment and of proper grade, so as to provide for the free flow of sewage without any obstruction, and made in accordance with the specifications of the Borough for its sanitary sewers.

§ 260-7 Unlawful connections.

A. 
No person shall connect or cause to be connected with any of the public sewers in the Borough, directly or indirectly, any steam exhaust, boiler blowoff, sediment drip or any pipe carrying or constructed to carry hot water or acid, germicide, grease, gasoline, naphtha, benzine, oil or any other substance detrimental to the sewers or to the operation of the sewage system or sewage disposal.
B. 
No person shall connect or cause to be connected with any of the public sewers in the Borough, directly or indirectly, any industrial or commercial waste without first receiving the consent of, and making satisfactory arrangements with, ALCOSAN and the Borough concerning such industrial or commercial waste.
C. 
Notwithstanding Subsections A and B of this section, no person shall connect or cause to be connected with any of the public sewers in the Borough, directly or indirectly, any waste material of any kind that does not meet with the approval of ALCOSAN and the Borough.

§ 260-8 Private sewage disposal systems.

A. 
No privy vault, cesspool or similar receptacle for human excrement shall at any time, now or hereafter, be connected with any of the Borough sewers.
B. 
No privy vault, cesspool or similar receptacle for human excrement shall hereafter be maintained upon any premises from which connection with any of the Borough sewers has been made. Every such privy vault, cesspool or other receptacle shall, within 30 days after final enactment of this chapter in the case of premises now connected with a sewer, or within 30 days after connection with a sewer in the case of premises hereafter so connected, be abandoned, cleansed and filled under the direction and supervision of the Allegheny County Health Department. Any such privy vault, cesspool or other receptacle not abandoned, cleansed and filled as required by this section shall constitute a nuisance, and such nuisance shall be abated on order of the County Health Department, as provided by law, at the expense of the owner of such property.

§ 260-9 Dye testing.

[Added 11-5-2001 by Ord. No. 1442]
A. 
Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOROUGH CLAIM/LIEN/TAX VERIFICATION LETTER
A written letter from the Borough regarding any liens, claims, and/or taxes due the Borough from said person.
DYE TEST
Any commonly accepted plumbing test whereby dye is introduced into the stormwater or surface water system of real property to determine if any stormwater or surface water is entering the sanitary sewer system.
EVIDENCE OF COMPLIANCE
An official written letter or statement from the Borough confirming that it has on file a written report or statement from a licensed plumber certifying there are no illegal stormwater or surface water connections into the sanitary sewer system which would violate the Borough or County ordinances, the State statutes, or Borough, County or State plumbing regulations.
ILLEGAL STORM OR SURFACE WATER
The inflow, infiltration, and/or discharge of stormwater, surface water, basement seepage, downspouts, roof drainage, area way drainage, or non-sanitary sewer discharge into the Borough's sanitary sewer system.
PERSON
Include without limitation any natural person, partnership, association, authority, syndicate, firm, corporation, or other entity having any ownership rights for or in any real property in the Borough that is subject to this section.
TEMPORARY EVIDENCE OF COMPLIANCE
A temporary written report/statement from the Borough issued pursuant to Subsection E(3) of this section.
B. 
From and after the effective date of this section, it shall be unlawful for any person to sell, convey or transfer real property located within the Borough on which a building or improvement exists without first obtaining and delivering to the purchaser an evidence of compliance or temporary evidence of compliance from the Borough as required under this section.
C. 
Any person selling, conveying or transferring real property located within the Borough shall apply for evidence of compliance on a Borough-approved form at least 14 days prior to the date of closing and pay such fee as the Borough may establish from time to time by resolution. Such person, hereinafter termed the "applicant," shall thereupon have a dye test performed on the real property to be sold, conveyed or transferred by a plumber registered and licensed by the Allegheny County Health Department. Upon completion of the dye test, the plumber so hired by the applicant shall then complete the appropriate section of the Borough form confirming that the property has been dye tested and certifying the results of such test. In the event said plumber certifies that there are no illegal stormwater or surface water connections on the property to be sold, conveyed or transferred, the Borough Manager or his or her representative shall issue the evidence of compliance. If the dye test reveals the existence of an illegal stormwater or surface water connection, the Borough Manager shall not issue the evidence of compliance until the illegal connection has been removed and the correction of the illegal connection has been certified by a plumber who is registered and licensed by the Allegheny County Health Department.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
This section shall apply to any transfer of the property, whether by sale, gift, exchange, inheritance, or bequest or deed in lieu of mortgage foreclosure, except that this section shall not apply where a joint owner with right of survivorship or a tenant by the entireties acquires full ownership of the property upon the death of the co-owner.
E. 
In the event an illegal stormwater or surface water connection is discovered, and the necessary remedial correction of the condition would require a length of time to perform such that it would create an undue hardship on the applicant to perform the same prior to the date of closing on the sale, conveyance or transfer of the property, the applicant may apply to the Borough Manager for temporary evidence of the compliance, provided there is strict compliance with the following conditions:
(1) 
The Borough Manager or his or her designee is provided with a bona fide executed contract between the applicant and a plumber registered and licensed by the Allegheny County Department of Health requiring the plumber to complete the necessary remedial work to correct and/or remove the illegal stormwater or surface water connection;[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Cash security in the amount of 110% of the contract price described in Subsection E(1) of this section is deposited with the Borough prior to the issuance of the temporary evidence of compliance to be held by the Borough in a non-interest-bearing account. Cash security shall be limited to cash, certified checks and treasurer's checks;
(3) 
A written acknowledgment and notarized agreement under which the purchaser, grantee, transferee, or devisee agrees to be responsible for all cost overruns related to the remedial work, together with a grant to the Borough of a license to enter upon the property to complete the work, and the expense and cost of the purchaser should the contractor default in the agreement. The Borough Manager or his or her designee may establish a reasonable period of time for the corrective work to be completed, taking into consideration the extent of the work required and the conditions then existing. The Borough Manager or his or her designee shall thereupon advise the applicant and the purchaser of the date of expiration of the temporary evidence of compliance. Upon expiration of the temporary evidence of compliance without all remedial work having been completed, the cash security deposit with the Borough shall be forfeited, and the Borough may use such security to have the required remedial work completed. Any cost overrun exceeding the cash security posted with the Borough shall remain the sole and exclusive liability of the purchaser and constitute a lien against the real estate.
(4) 
The agreement referred to Subsection E(3) of this section shall be in a form capable of being recorded in the Office of the Recorder of Deeds, and may be recorded by the Borough as it deems necessary. The cost of recording the agreement shall be the responsibility of the purchaser and the applicant.
F. 
A request for a Borough lien letter or tax certification letter must be accompanied by a valid evidence of compliance certificate and/or a valid temporary evidence of compliance certificate no less than 14 business days prior to the date the letters are requested. The Borough may, by resolution, establish the fees for such letters.
G. 
The Borough may, by resolution, adopt any or all of the following in order to accomplish the purposes of this section:
(1) 
Establish the application form, the purchaser acknowledgment form, the plumber's certificate form, and the form of the evidence of compliance certificate and temporary evidence of compliance, and the fee for issuance of the same;
(2) 
Establish the procedures and guidelines for the retention, release, and/or payment of any security fund held by the Borough under and pursuant to Subsection E(2) of this section.
H. 
Any person violating any provision of this section shall, upon conviction thereof, by subject to a penalty up to the maximum amount provided by § 1-2 of this Code. The continuation of a violation shall, for each day after notice, constitute a separate offense subject to the penalties provided.

§ 260-10 Performance and reporting of dye tests.

[Added 8-2-2004 by Ord. No. 1498]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DYE TEST
Any commonly accepted plumbing test whereby dye is introduced into the stormwater or surface water collection system of real property to determine if such stormwater or surface water is entering the sanitary sewer system. For the limited purpose of this section, the performance of a dye test by the Borough's designated contractor may require access to the interior of any structure.
EVIDENCE OF COMPLIANCE
An official written letter or statement from the Borough confirming that it has on file a written report or statement from a licensed plumber certifying there are no illegal stormwater or surface water connections into the sanitary sewer system which would violate the Borough or County ordinances; state statutes; Borough, County or state plumbing regulations; and/or the consent decree executed by and between the Borough and the Allegheny County Health Department.
ILLEGAL STORMWATER OR SURFACE WATER
The inflow, infiltration, and/or discharge of stormwater, surface water, basement seepage, downspouts, roof drains, driveway drainage, or non-sanitary-sewer discharge into the Borough's sanitary sewer system.
PERSON
Includes without limitation any natural person, partnership, association, authority, syndicate, firm, corporation or other entity having any ownership rights for or in any real property in the Borough that is subject to this section.
B. 
The Borough shall solicit bids from plumbers registered in Allegheny County for the performance of dye testing of all structures located in the Borough to determine the source of surface water, illegal stormwater, or surface stormwater, such as roof leaders, downspouts or driveway drainage systems.
C. 
In the event the Borough awards a bid for the services set forth above, the Borough will establish a timetable by which all dye testing on all structures will be performed.
D. 
In setting forth the timetable for the performance of dye testing, the Borough shall provide for reasonable advance notice of the week during which the dye test is anticipated to be performed, as follows:
(1) 
The Borough shall provide to the occupant of a residence and to the owner or management company of a structure other than a residence a written notice, mailed first class, postage prepaid, setting forth the week during which the dye test is scheduled to be performed; or
(2) 
By personal delivery to the structure/residence, a written notice setting forth the week during which the dye test is scheduled to be performed.
E. 
The dye test will be performed during normal business hours, Monday through Friday.
F. 
The dye test shall be performed only by a plumber registered and licensed by the Allegheny County Health Department.
G. 
The results of the dye test shall be reported to the Borough on a form approved by the Borough.
H. 
Upon completion of the dye test as contracted for by the Borough, the plumber so hired shall complete the appropriate section of the Borough form certifying that the property has been dye tested and the results of such test. In the event the said plumber certifies that there are no illegal stormwater or surface water connections on the property at that time, the Borough Secretary or his or her designated representative shall issue to the owner of the structure a form entitled "Evidence of Compliance." The evidence of compliance shall certify the condition of the stormwater as of the date on which the dye test was performed. In the event the dye test reveals the evidence of any illegal stormwater or surface water connection, the Borough Secretary shall not issue the evidence of compliance until the illegal connection has been removed and remedied by the owner at his expense and the correction of the illegal connection has been certified by the plumber to the Borough.
[Amended 6-6-2011 by Ord. No. 1662]
I. 
The owner of the structure containing any illegal stormwater or surface water connection shall receive a written notice from the Borough that such illegal connection exists. Such notice shall be mailed by certified mail, return receipt requested. In the event the owner refuses to accept the service of the notice, the Borough shall be authorized to mail it to the owner by first class mail, postage prepaid.
J. 
Any and all illegal stormwater or surface water connections shall be removed and remedied at the sole cost and expense of the owner of the structure and shall be performed within 120 days of the date the notice of illegal stormwater or surface water connection was issued.
K. 
Any and all proposed remedial work to remove, correct or repair any illegal stormwater or surface water connection shall be performed as required by the Allegheny County Health Department Plumbing Division Rules, Regulations and Code.
L. 
Upon satisfactory completion of all required remedial work and certification of performance of such corrective work by a registered plumber to the Borough Secretary, the Borough Secretary shall issue to the owner a form entitled "Evidence of Compliance."
M. 
Any evidence of compliance issued under this section shall not be deemed satisfactory evidence of compliance upon the subsequent sale of the real estate.
N. 
In the event any person objects to the Borough's designated contractor performing the dye test on his property, or in any way prohibits or delays the Borough's contractor from performing the dye test during the period scheduled for the structure, the dye test as set forth herein will not then be performed by the Borough's designated contractor or at the Borough's expense. In that event, the owner of the structure will be required to have the dye test performed at his sole cost and expense by a plumber registered in Allegheny County within 30 days of the date the Borough had originally scheduled the dye test to be performed upon his structure.
O. 
In all other respects, the owner of any structure who elects to have the dye test performed at his sole cost and expense, or by his actions in preventing or delaying the Borough's designated contractor from performing the dye test at the scheduled date, shall be required to have the test performed at his sole cost and expense, and shall comply with all other requirements for correcting and removing any illegal stormwater or surface water connections.
P. 
Any person violating any provision of this section shall, upon conviction thereof, be subject to a penalty up to the maximum amount provided by law for the violation of the applicable building code. The continuation of a violation shall, for each day after notice, constitute a separate offense subject to the penalties as provided.[1]
[1]
Editor's Note: Original Sec. 1042.08, Prohibited discharges, which immediately followed this section, was repealed 9-11-1995 by Ord. No. 1290. See now § 260-15.

§ 260-11 Payment of delinquent charges.

In all cases where the Borough is required to pay ALCOSAN for a delinquent account incurred by a resident of the Borough, the resident who incurred such delinquency and is responsible therefor shall reimburse the Borough in full for all sums that were required to be paid by the Borough to ALCOSAN as a result of such delinquency for failure to pay the charges assessed by ALCOSAN.

§ 260-12 Notices of delinquency.

The Manager or the Borough Secretary is hereby directed to notify the person responsible for a delinquent account, in writing, setting forth the total amount that the Borough was required to pay to ALCOSAN on behalf of such person, and request that reimbursement be made forthwith.

§ 260-13 Disconnection of water service.

Upon failure to receive the requested sum, as set forth in §§ 1042.09 and 1042.10, within 30 days from the date of notice of a delinquent account, the Manager or the Borough Secretary, at the discretion of Council, is hereby authorized to shut off the water supply to the person involved or to proceed to collect the sum involved in the manner provided by law for the collection of such accounts, whichever in the Manager's or the Secretary's discretion is deemed advisable.

§ 260-14 Interest and penalties on delinquent accounts; shutoff agreement.

A. 
In addition to requiring the reimbursement to the Borough of all sums paid to ALCOSAN on behalf of a delinquent account, the Borough shall assess to each and every such account a delinquency penalty of 25% of the amount of the delinquent account to cover the costs and expenses incurred by the Borough in the processing and handling of such account, and if such account remains unpaid for 30 days after the person responsible for such account has been notified of the delinquency, as provided in § 260-12, the Borough shall further assess interest at the rate of 6% on the total delinquent amount.
B. 
The proper officers of the Borough of Green Tree are hereby authorized to enter into a shutoff agreement and amendments thereto with the Pennsylvania-American Water Company, a current copy of which shall be kept on file in the Borough offices and available for inspection and copying as authorized by law.
C. 
As authorized in the shutoff agreement, the Borough Manager, or such other authorized officer of the Borough of Green Tree, shall be authorized to request the Pennsylvania-American Water Company, or its successors, to shut off the supply of water from its system to any premises in the Borough of Green Tree in which the rentals, rates and charges for sewer, sewage or sewage treatment services supplied by or imposed by the Borough of Green Tree are unpaid, for a period of at least 30 days from the due date thereof, and to which the Borough has sent such notices as may be required by 53 P.S. § 3102.502 et seq., and the regulations thereunder as set forth in the shutoff agreement, or as the same may be amended hereafter.
D. 
In addition to the assessment and collection of all unpaid rentals, rates and charges imposed for sewage services, there is hereby imposed upon delinquent accounts any and all fees, costs and penalties, including, but not limited to, the Water Company's charge for termination of water supply, the Water Company's cost to restore water services and the amount billed and paid by the Borough of Green Tree to the Water Company for the Water Company's loss of water revenues, resulting from such shutoff services, together with any and all other charges authorized by 53 P.S. § 3102.502 and the regulations contained therein.
E. 
Any and all fees, costs and/or penalties assessed or imposed upon the Borough as authorized by the shutoff agreement, or as amended hereafter, shall be and are hereby imposed upon the delinquent account holder and shall be collectable and payable as a condition of the Borough authorizing the restoration of water services to the delinquent account.
F. 
Nothing herein shall prevent the Borough Manager, with prior authorization from Council, from accepting payments on account of such delinquent accounts or, in appropriate hardship cases, as may be determined at the discretion of and as authorized by Borough Council, from suspending such termination notice once issued.
G. 
The right of the Borough to assess the delinquent accounts and the fees, charges and costs set forth herein and as authorized in 53 P.S. § 3102.502 and the regulations contained therein, and as set forth in the shutoff agreement, shall be in addition to, and not in lieu of, those charges authorized by law and as otherwise contained in this chapter.

§ 260-15 Interference with ALCOSAN plant and facilities.

A. 
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 and transmitting substances into the facilities of ALCOSAN, any toxic pollutant or other wastewater which will:
(1) 
Cause interference with the operation or performance of ALCOSAN's treatment plant or other facilities; or
(2) 
Pass through ALCOSAN's treatment plant or other facilities.
B. 
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 and transmitting substances into the facilities of ALCOSAN, any of the following:
(1) 
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.
(2) 
Any ignitable, reactive, explosive, corrosive or hazardous waste, except as provided for by ALCOSAN's rules and regulations.
(3) 
Any wastewater with a temperature greater than 140° F. (60° C.).
(4) 
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 a half-life or concentration not in compliance with applicable state or federal regulations.
(5) 
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.
(6) 
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.
(7) 
Pathological wastes from a hospital or other medical establishment.
(8) 
Garbage, whether ground or not, except properly shredded food waste garbage resulting from the proper use of a garbage grinder or disposer of a type approved by ALCOSAN and maintained in good operating condition.
(9) 
Sludges or other materials from septic tanks or similar facilities, 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.
(10) 
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.
(11) 
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 or 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.

§ 260-16 Sewer user fee/surcharge; sanitary sewer fund.

[Amended 12-17-2001 by Ord. No. 1445; 10-4-2004 by Ord. No. 1501; 12-5-2005 by Ord. No. 1542; 12-4-2006 by Ord. No. 1560; 12-7-2009 by Ord. No. 1629;[1] 12-19-2011 by Ord. No. 1667;[2] 10-24-2013 by Ord. No. 1703; 12-5-2016 by Ord. No. 1763]
A. 
In accordance with the action taken by the Board of Directors of the Allegheny County Sanitary Authority (ALCOSAN) on October 24, 2013, in its resolution fixing sewer rates and charges for water usage on or after January 1, 2014, the Council of the Borough of Green Tree hereby approves and adopts the said ALCOSAN resolution setting sewer rates and charges effective as of January 1, 2014. A true and correct copy of ALCOSAN resolution adopted in October 24, 2013, is attached hereto, made a part hereof, and marked "Exhibit A."[3]
[3]
Editor's Note: Exhibit A is on file in the Borough offices.
B. 
The Borough of Green Tree's sanitary sewer user fee/surcharge adopted by Ordinance No. 1285 and subsequently last amended by Ordinance 1703 is hereby set at $5 per 1,000 gallons of water used, on or after January 1, 2017, through December 31, 2017. The sanitary sewer user fee/surcharge shall be billed monthly, and payment shall be due and payable without further demand within 30 days of the date of the billing statement.
C. 
The sanitary sewer sewage rates for sewered premises included within ALCOSAN's resolution adopted on October 24, 2013, shall be billed monthly and shall include therein the sanitary sewer user fee/surcharge set forth in Subsection B above.
D. 
The sanitary sewer sewage rates for sewered premises and the sanitary sewer user fee/surcharge shall be billed monthly, and payment shall be due and payable without further demand no later than 30 days after the date of the billing statement.
E. 
In the event any of the charges for sanitary sewer system services, including the sanitary sewer sewage rates and the sanitary sewer user fee/surcharge, remain unpaid for the period of 30 days from the date of said billing statement, such charges are hereby declared to be delinquent, and a penalty of 10% of the total amount of the billing statement shall be added to the amount then due and owing. The unpaid sanitary sewer sewage charges plus the delinquent sanitary sewer user fee/surcharge together with the ten-percent penalty shall together constitute the gross delinquent sanitary sewer account.
F. 
For each delinquent sanitary sewer account remaining unpaid 90 days after the date of the original billing statement, a service charge of 3% of the gross delinquent sanitary sewer account shall be added to the amount then due and owing. For each succeeding 90 days or part thereof that the account remains delinquent in whole or in part, an additional service charge of 3% shall be assessed, based upon the gross delinquent sanitary sewer account or outstanding portion thereof.
G. 
The sanitary sewer user fee/surcharge collected under and pursuant to this section shall be deposited by the Borough of Green Tree in a special fund, designated as the "Sanitary Sewer Fund" to be used for the general purpose of erecting, installing, repairing, replacing, cleaning, or otherwise maintaining and expanding the sanitary sewer system within the Borough of Green Tree, including therein all such construction, maintenance, installation, engineering, legal and/or condemnation fees, costs and awards that may be incurred in connection with such sanitary sewer system.
[1]
Editor's Note: As of its effective date, this ordinance repealed Ord. No. 1593, adopted 12-3-2007, and Ord. No. 1610, adopted 12-1-2008.
[2]
Editor’s Note: As of its effective date, this ordinance repealed Ord. No. 1610, adopted 12-1-2008, and Ord. No. 1629, adopted 12-7-2009.

§ 260-17 Violations of ALCOSAN rules and regulations.

No person shall take any action or do or cause to be done anything in violation of any rule or regulation of ALCOSAN.

§ 260-18 Violations and penalties; equitable remedies.

In addition to the penalty provided in § 1-2 of the Code, whoever violates any of the provisions 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 hereby granted to ALCOSAN and is in addition to, but not in place of, any other remedy available to the Borough.