[Adopted 7-15-2003 by Ord. No. 691]
A.
The United States Environmental Protection Agency
and the Pennsylvania Department of Environmental Protection have directed
municipalities to take such steps as are necessary to eliminate sanitary
sewer overflows or face civil penalties and other sanctions.
B.
The Council of the Borough of Trafford has determined
that the sanitary sewer facilities of the Borough may be receiving
stormwater, surface water, and other nonsanitary discharges that exceed
the hydraulic capacity of the Borough's sanitary sewer system and
cause or contribute to sanitary sewer overflows.
C.
The Council of the Borough of Trafford has determined
that inflows of stormwater, surface water, and other nonsanitary discharges
into the sanitary sewer system result in wasteful expenditures for
wastewater treatment.
D.
The Council of the Borough of Trafford has determined
that it is in the best interest of the residents of the Borough to
eliminate inflows of stormwater, surface water, and other nonsanitary
discharges into the Borough sanitary sewer system.
E.
The Council of the Borough of Trafford has determined
that the procedures, fees, and penalties provided by this article
are necessary to achieve the purposes of this article.
This article may be known and cited as the "Dye
Testing Ordinance."
The following terms used in this article shall
have the following meanings:
The Borough of Trafford, Westmoreland and Allegheny Counties,
Pennsylvania.
A written letter from the Borough Solicitor certifying that
the property is free from municipal liens and unpaid municipal taxes.
An official writing issued by the Borough that dye testing
has determined that there are no illegal connections in violation
of this article.
Any dye test performed by the Borough, a registered plumber,
or other qualified contractor whereby dye is introduced into the water
collection system of a property to determine whether basement seepage,
groundwater, downspout drainage, roof drainage, driveway drainage,
or other surface water drainage is entering the sanitary sewer system.
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage, or other surface water
drainage into the sanitary sewer system.
Those person(s) designated by the Borough to administer and
enforce au laws and ordinances of the Borough.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority, or entity recognized by law as the
subject of rights and duties. The singular shall include the plural.
Real property located within the Borough upon which a building
or improvements exists.
A statement issued by the Borough pursuant to § 160-28 of this article.
Illegal connections are prohibited.
Persons owning property are required to maintain
all private sanitary sewer laterals and sanitary sewer service connections
in good repair.
The Ordinance Compliance Officer shall immediately
initiate dye testing to identify illegal connections. The Ordinance
Compliance Officer is authorized to retain the services of a qualified
contractor to perform the dye testing, and to cooperate with neighboring
municipalities to minimize costs. Persons owning property are required
to grant access to the Ordinance Compliance Officer and/or the dye
testing contractor and to permit dye testing.
In the event that the Ordinance Compliance Officer
identifies any illegal connections, leaking, deteriorating, or poorly
constructed private sanitary sewer laterals and/or sanitary sewer
service connections, the Ordinance Compliance Officer shall give written
notice of same to the property owner and an order that such illegal
connections be eliminated and/or that such leaking, deteriorating,
or poorly constructed sanitary sewer laterals and/or service connections
be, at the property owner's expense, repaired, replaced, or rehabilitated
within 30 calendar days of the date of the notice and order. If the
condition does not create a health hazard, the Ordinance Compliance
Officer, upon request of the property owner, may once extend the thirty-day
deadline to 30 calendar days from the date of the notice and order.
It is unlawful for any person to sell property
without first delivering to the purchaser a certificate of compliance
or temporary certificate of compliance. For purposes of this article,
a sale of property shall include any conveyance or transfer whereby
title is transferred from one person to another, but shall not include
a refinancing where the holder of title remains unchanged, or a transfer
of title by operation of law following the death of the owner.
A.
At least 21 days prior to the sale of property, the seller (hereinafter, "applicant") shall apply to the Borough for a certificate of compliance and pay the Borough a fee of $50. The Borough may perform dye testing on the property. If the dye testing identifies illegal connections, then the Borough shall notify the applicant pursuant to § 160-25 of this article. If the dye testing identifies no illegal connections, then the Borough shall issue a certificate of compliance to the applicant.
B.
In lieu of the Borough performing the dye testing, the applicant may have the dye testing performed by a registered plumber, who shall certify the dye testing results to the Borough. If the dye testing identifies illegal connections, then the Borough shall notify the applicant pursuant to § 160-25 of this article. If the dye testing identifies no illegal connections, then the Borough shall issue a certificate of compliance to the applicant upon payment of a fee to the Borough of $20.
C.
If a certificate of compliance for the property has
been issued within the 10 years preceding the date of the application,
the Ordinance Compliance Officer may waive the dye testing requirement
if the Ordinance Compliance Officer inspects the property and finds
no evidence of illegal connections. In this event, the Ordinance Compliance
Officer may issue a certificate of compliance upon payment of a fee
to the Borough of $20.
A.
When an illegal connection is discovered and activities
necessary to correct the condition would require such a length of
time as to create a practical hardship for the applicant, the applicant
may apply to the Ordinance Compliance Officer for a temporary certificate
of compliance, which may only be issued when applicant provides the
Borough with all of the following:
(1)
Written explanation of the practical hardship;
(2)
Cash security in the amount of $1,000;
(3)
An executed agreement by the purchaser/transferee
accepting responsibility for all costs in excess of the cash security;
and
(4)
An easement or other license executed by the purchaser/transferee
allowing the Borough to enter upon the property and complete the work
in case of default by the applicant.
B.
The Ordinance Compliance Officer shall determine,
in good faith, based upon all the circumstances, when such temporary
certificate shall expire and shall advise the applicant and the purchaser
of the expiration date. If the temporary certificate of compliance
should expire without all work having been completed, the cash security
shall be forfeited to the Borough and the Borough may apply the cash
security to complete the necessary work. If the remedial work is completed
prior to the expiration date, the Borough shall return the cash security
to the applicant or to his/her designee.
A request for lien letter must be accompanied
by a valid certificate of compliance and the lien letter fee, all
of which shall be delivered to the Borough Solicitor at least seven
business days prior to the day the lien letter is to be provided.
The fees set forth in this article may be changed
from time to time by resolution of the Borough Council.
Nothing in this article shall limit in any fashion
whatsoever the Borough's right to enforce its ordinances or the laws
of the commonwealth. Nothing in this article shall be a defense to
any citation issued by any municipal corporation or the commonwealth
pursuant to any law or ordinance.
[Amended 5-10-2005 by Ord. No. 702]
It is unlawful for any person to refuse access
to property for purposes of dye testing, to issue or obtain false
dye testing results, or to procure a certificate of compliance under
false pretenses. Any person violating these or any other provisions
of this article shall, upon conviction, be subject to a fine of not
less than $100 nor more than $1,000, together with costs of prosecution.
Once a person is notified of a violation of this article, each day
that such violation occurs or continues shall constitute a separate
violation. In addition to and not in lieu of the foregoing, the Borough
may seek equitable and legal relief to compel compliance with this
article.
