[Ord. 451, 6/19/1996; as amended by Ord. 656, 4/9/2015]
1. It shall be unlawful for any property owner within the Township whose
premises are connected to the sanitary wastewater collection system
owned and/or operated by the MTMA to discharge or permit to be discharged
any stormwater or surface water from the premises into the MTMA's
sanitary wastewater collection system.
2. It shall be unlawful for any property owner within the Township to
maintain any connection of a roof drain, downspout, french drain or
other surface water or stormwater collection system to the MTMA's
sanitary wastewater collection system.
3. The Township hereby authorizes and empowers the MTMA to undertake
within the Township the control and methods of testing for the discharge
of stormwater or surface water into the MTMA sanitary wastewater collection
system pursuant to this Part 2D.
[Ord. 451, 6/19/1996; as amended by Ord. 656, 4/9/2015]
The MTMA Manager or his designee, bearing proper identification, shall be permitted to enter any premises at any reasonable time for the purpose of inspecting and/or testing to ensure compliance with §
18-231 of this Part.
[Ord. 451, 6/19/1996; as amended by Ord. 656, 4/9/2015]
It shall be unlawful for any person to sell property located
within the Township on which a building or improvement exists without
first delivering to the purchaser or transferee a document of certification
or temporary document of certification issued by the MTMA. The MTMA
shall not issue a municipal lien letter for the subject property transaction
unless and until a document of certification or temporary document
of certification has been issued.
[Ord. 451, 6/19/1996; as amended by Ord. 656, 4/9/2015]
1. Any person selling or transferring property located within the Township,
upon which exists any building or improvement, shall make application
for a document of certification to the MTMA at least 14 days prior
to the date of sale or transfer of the subject property.
2. The application shall be submitted on a form furnished by the MTMA
and shall be accompanied by payment of an established fee, set from
time to time by the MTMA Board of Directors, which fee represents
the costs incurred by the MTMA in performing the required test(s)
and in processing the application.
3. The information set forth on the application form shall include,
but not be limited to, the name and address of the seller, the location
of the property being sold, the name and address of the purchaser
or transferee and a description of the building and/or improvement
on the property.
4. The MTMA shall then have an inspector proceed to the subject property
and perform a dye test, smoke test or air test of the stormwater and
wastewater drainage systems on the subject property. The purpose of
such test(s) is to determine whether any surface water and/or stormwater
is being discharged into the MTMA's sanitary wastewater collection
system in violation of this Part.
5. The MTMA's inspector shall have the right to conduct as many
of the above-referenced tests as he deems necessary. The MTMA shall
also have the right to rely on the results of any internal televising
of the main sewer completed by the MTMA or its contractor.
[Ord. 451, 6/19/1996; as amended by Ord. 656, 4/9/2015]
1. In the event that there are no illegal stormwater or surface water
discharges and the existing drainage system is sound, the MTMA shall
issue a document of certification.
2. When an illegal stormwater or surface water discharge or malfunctioning drainage system is discovered by means of the above-referenced testing, no document of certification will be issued until the illegal discharge and/or malfunctioning drainage system are removed and/or repaired and the system retested and certified by the MTMA. The established fee described in §
18-234, Subsection
2, of this Part must be paid to the MTMA prior to each retesting required.
3. In the event of discovery by the MTMA of an illegal discharge and/or
a malfunctioning drainage system, a notice describing said violations
and the required remediation will be sent by the MTMA to the applicant.
[Ord. 451, 6/19/1996; as amended by Ord. 656, 4/9/2015]
A temporary document of certification may be issued at the sole
discretion of the MTMA when either:
A. Weather Conditions.
(1)
The MTMA determines that the required testing cannot be performed
because of weather conditions and, when such is the case, the applicant
shall provide the MTMA with a signed written acknowledgment from the
purchaser/transferee of the subject property agreeing to correct,
at said purchaser/transferee's sole expense, any unlawful discharges
that may be discovered as a result of subsequent testing.
(2)
The applicant shall also provide the MTMA with full payment
of the MTMA's established fee for testing and processing costs.
(3)
Within 30 days of the date of issuance of temporary document
of certification, the MTMA will perform adequate testing of the subject
property and will issue a document of certification if the testing
reveals no unlawful discharges. If unlawful discharges are found during
this testing, the purchaser/transferee of the property will be held
responsible for immediate remediation.
(4)
A failure to remediate within a reasonable time specified by
the MTMA may result in the imposition of a fine for violation of this
Part.
B. Remedial Activities.
(1)
When an illegal discharge or malfunctioning drainage system
has been discovered and the necessary remedial activities to correct
such violation(s) would require a length of time such as to create
a practical hardship for the applicant, the applicant may apply to
the MTMA for a temporary document of certification which may only
be issued when the applicant provides the MTMA with all of the following:
(a)
A bona fide executed contract between the applicant and a registered,
licensed plumber to complete the necessary remedial work.
(b)
A deposit equal to the amount of said plumbing contract to be
posted with the MTMA as surety for work completion.
(c)
An agreement by the purchaser/transferee to be responsible for
all cost overruns related to the remedial work, together with a license
to the MTMA to enter upon the property to complete work in case of
default by the contractor. The MTMA Manager or his designee shall
determine when such temporary document of certification shall expire.
At the expiration of such time period, if the remedial work has been
completed on the subject property, the deposit shall be returned to
the applicant.
(2)
If the time period set forth on the temporary document of certification
should expire prior to the completion of the required remediation
work, the deposit will be forfeited in the amount required by the
MTMA to complete the necessary remedial work.
[Ord. 451, 6/19/1996; as amended by Ord. 656, 4/9/2015]
1. The MTMA is hereby authorized, empowered and directed to make reasonable
rules and regulations for the application and/or issuance of the required
document of certification as it deems necessary, which shall include,
but not be limited to:
A. Establishing acceptable forms of security or guaranties.
B. Establishing the appropriate fee for the required testing and processing.
C. Establishing acceptable testing methods.
D. Establishing the forms of applications, purchaser acknowledgments,
document of certification and temporary document of certification.
E. Limiting the times of year in which temporary documents of certification
are available for weather-related reasons.
2. All rules and regulations issued pursuant to this section shall be
in writing and shall be approved by the MTMA Board of Directors prior
to such rules and regulations becoming effective.