[Adopted 12-14-1994 by Ord. No. 872]
For the purposes of this article, the following
terms shall have the meaning hereafter designated:
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.
The lowest section of the internal sewage drainage system
of a structure, which receives the discharge of sewage from other
drainage pipes inside the walls of the structure and conveys it to
the sewer lateral beginning at the exterior wall of said structure.
[Added 11-8-2017 by Ord.
No. 999]
A waste or substance which has any of the following properties:
Any crack, fracture, hole, deformity, collapse, or similar
structural degradation of the pipe wall of a sewer lateral, or any
separation of the pipe joints of a sewer lateral, whereby stormwater,
groundwater, or surface water is allowed to flow into the lateral.
[Added 11-8-2017 by Ord.
No. 999]
Any commonly accepted plumbing test, wherein dye is introduced
into the stormwater or surface water collector of real property to
determine if stormwater or surface water is entering the sanitary
sewer system.
[Added 9-8-1999 by Ord. No. 907]
An official statement from the Borough stating that it has
on file a written statement from a licensed master plumber certified
by the Allegheny County Health Department that there are no illegal
stormwater or surface water connections into the sanitary sewer connections
which would violate Borough or county ordinances, the state statutes
or Borough, county or state plumbing regulations.
[Added 9-8-1999 by Ord. No. 907]
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[1] as specified in 25 Pa. Code 261.
A waste or substance which can create a fire hazard in the
sewage collection system or the ALCOSAN treatment facility which has
any of but is not limited to the following properties:
The discharge of basement seepage, groundwater, surface water
or other extraneous liquid, or connection of downspouts, roof drainage,
rain leader, rain spout gutter, parking lot drain, foot drains, driveway
drain, foundation drain, interior or exterior sump, or surface or
area way drainage into the sanitary sewer system.
[Added 9-8-1999 by Ord.
No. 907; amended 11-8-2017 by Ord. No. 999]
A discharge originating in the Borough which, alone or in
conjunction with a discharge or discharges from other sources, both:
Inhibits or disrupts the ALCOSAN facilities,
its treatment processes or operations or its sludge processes, use
or disposal; and
Therefore 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 405 of the Clean Water Act, the
Solid Waste Disposal Act (including Title 2 or more commonly referred
to as the Resource Conservation and Recovery Act and including state
regulations contained in and 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.
A written letter from the Borough concerning municipal liens,
sewage charges, refuse charges, and/or property taxes.
[Added 11-8-2017 by Ord.
No. 999]
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).
Any individual, partnership, copartnership, firm, company,
corporation, association, joint stock company, trust, estate, governmental
entity, or any other legal entity, or its legal representatives, agents,
or assigns.
The logarithm (base 10) of the reciprocal of the concentration
of hydrogen ions expressed in grams per liter of solution.
A form of trenchless pipe rehabilitation by which a resin
made of fiberglass, polyester, or a similar material is cured-in-place
to form a new seamless pipe that is located entirely within the host
pipe.
[Added 11-8-2017 by Ord.
No. 999]
A natural person registered and licensed by the Allegheny
County Health Department to perform maintenance and repair of plumbing
systems.
[Added 11-8-2017 by Ord.
No. 999]
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.
The man-made or man-induced alteration of the chemical, physical,
biological, and/or radiological integrity of water.
Any pipe or other sewer drainage infrastructure owned and
maintained by the Borough of Emsworth and lying within the limits
of a public right-of-way or public easement that receives sewage from
one or more sewer laterals at a sewer connection.
[Added 11-8-2017 by Ord.
No. 999]
A waste or substance which can create an explosion hazard
in the sewage collection system or the ALCOSAN treatment facility;
which has any of but is not limited to the following properties:
It is normally unstable and readily undergoes
violent change without detonating.
It reacts violently with water.
It forms potentially explosive mixtures with
water.
When mixed with water, it generates toxic gases,
vapors or fumes in a quantity sufficient to present a danger to human
health or the environment.
It is a cyanide or sulfide bearing waste which
can generate toxic gases, vapors, or fumes in a quantity sufficient
to present a danger to human health or the environment.
It is capable of detonation or explosive reaction
if it is subjected to a strong initiating source or if heated under
confinement.
It is readily capable of detonation, explosive
decomposition or reaction at standard temperature and pressure.
It is a forbidden explosive as defined in 40
CFR 173.51, or a Class A explosive as defined in 49 CFR 173.53 or
a Class B explosive as defined in 49 CFR 173.88.
Any flow from roofs of buildings, dwellings, and/or any other
structure, any stormwater, any surface water, any flow from cellars,
and/or french drains.
[Added 3-12-1997 by Ord. No. 885]
The building drain, sewer lateral, sewer connection, and
public sewer, inclusive.
[Added 11-8-2017 by Ord.
No. 999]
Any combination of water and water-carried wastes discharged
from a structure for conveyance to a wastewater treatment facility.
[Added 11-8-2017 by Ord.
No. 999]
A section of pipe that is physically affixed to both the
sewer lateral and the public sewer and that is designed to convey
sewage from the former to the latter.
[Added 11-8-2017 by Ord.
No. 999]
The generally horizontal pipe of the sewage drainage system,
which receives discharge from the building drain at the exterior wall
of a structure and conveys it to the sewer connection at the public
sewer.
[Added 11-8-2017 by Ord.
No. 999]
A written official statement from the Borough stating that
there are no defects in the sewer lateral, which defects would violate
any existing Borough ordinance regulating sewers.
[Added 11-8-2017 by Ord.
No. 999]
Any flow occurring during or following any form of natural
precipitation, and resulting from such precipitation.
[Added 3-12-1997 by Ord. No. 885]
That portion of the precipitation which runs off over the
surface of the ground.
[Added 3-12-1997 by Ord. No. 885]
The Federal Water Pollution Control Act, also known as “The
Clean Water Act,” as amended, 33 U.S.C. § 1251 et
seq.
Any pollutant or combination of pollutants listed as toxic
in regulations promulgated by the EPA, pursuant to Section 307(A)
of the Act.
Any conveyance of real property that results in a change
of names listed on the deed for said real property. A transfer shall
not be deemed to have occurred if a change of names was due to the
marriage, divorce, or death of spouse, or due to the creation of a
trust in which the current owner or owners are exclusively named as
beneficiary.
[Added 11-8-2017 by Ord.
No. 999]
Any commonly accepted plumbing test whereby a video camera
is inserted into and travels through the entirety of the sewer lateral
or the appropriate portions of the sanitary sewer system or stormwater
system to determine if there are any defects in the sewer lateral
or appropriate sewer system, or if any illegal storm or surface water
connection is entering the sewer lateral or other sewer system.
[Added 11-8-2017 by Ord.
No. 999]
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.
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.
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:
A.
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 such 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, gases 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 type approved by ALCOSAN and maintained in good operating
condition.
(9)
Sludges or other materials from septic tanks or similar
facilities or 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, 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.
B.
From and after the effective date of this article, it shall be unlawful anywhere within the Borough of Emsworth to discharge stormwater, surface water or roof drainage into the sewers of the Borough of Emsworth, or into or upon any of the public streets or thoroughfares of the Borough or upon abutting properties. The owner(s) of any property in the Borough shall provide an adequate sump or sumps on the property, and shall conduct all stormwater, surface water and roof drainage, and discharge the same into said sump or sumps. Any applicant for a building permit in the Borough shall indicate on the application therefor the manner in which said drainage shall be handled. Where, in the exclusive and final opinion of the Borough Engineer, the existing storm sewers of the Borough are large enough to adequately handle the stormwater, surface water and/or roof drainage from a property(ies), the said Engineer may grant written permission to the property owner(s) to connect all or part of his/her/its drainage facilities to the Borough storm sewer. Any property owner failing to comply with the provisions of this subsection within 30 days after having been notified to do so, shall, upon conviction thereof before a District Justice, be subject to the penalties set forth in § 186-26 of this article.
[Added 3-12-1997 by Ord. No. 885]
[Added 3-12-1997 by Ord. No. 885]
A.
The Borough of Emsworth, by its designated agents, including but not limited to its Code Enforcement Officer, any contractors, or the Ohio Township Police Department, shall have the right to enter any buildings, structures or property of any person, firm or corporation to determine whether the provisions of this article are being complied with, and to conduct smoke and/or dye testing to determine if the provisions of this article are being complied with. The Borough, through its designated agents, shall be allowed ready access to all parts of any premises for the purposes of inspection, smoke and/or dye testing, sampling, testing, or performance of any additional duties. Unreasonable delays in allowing access, or the refusal to allow access to the Borough for the purposes set forth herein shall constitute a violation of this article, and will subject the offender(s) to the penalties of § 186-26 of this article.
B.
If the Borough, acting through its agents, is refused or denied access to a building, structure, or property, or any part thereof, the Borough, upon a demonstration of probable cause that there may be a violation of this article, or that there is a need to inspect, smoke and/or dye test, and/or take samples to verify compliance with this article, may seek issuance of a search warrant from the Court of Common Pleas of Allegheny County, and may obtain and execute said warrant to make forcible entry to said building, structure, or property. If the Borough is required to obtain said warrant, this shall constitute a violation of this article, and shall subject the offender(s) to the penalties of § 186-26 of this article.
[Added 9-8-1999 by Ord. No. 907; amended 4-11-2001 by Ord. No.
919; 11-8-2017 by Ord. No. 999]
A.
Transfers.
(1)
After the effective date of this section, any person or persons (hereinafter
"applicant") selling, transferring, conveying, mortgaging or assigning
any interest in real property situate in the Borough of Emsworth shall
make application for evidence of compliance on a form furnished by
the Borough at least 21 days before the sale, transfer, conveyance,
mortgage or assignment. The applicant shall then have a plumber who
is registered and licensed by the Allegheny County Health Department
to perform a dye test on the real property to be sold, transferred,
conveyed, mortgaged or assigned. The plumber shall complete the appropriate
portions of the form confirming that the real property has been dye
tested and certify the results of such test. In the event that there
are no illegal stormwater or surface water connections or discharges,
the Borough Secretary, or her designate, shall issue an evidence of
compliance upon payment of a fee of $25. Said fee may hereafter be
amended by ordinance or resolution of the Borough Council of the Borough
of Emsworth. If the dye test reveals the existence of an illegal stormwater
or surface water connection, no evidence of compliance will be issued
until such time as the illegal connections or discharges are removed
and certification of such removal by a registered licensed plumber
is received by the Borough.
(2)
Temporary evidence of compliance. A temporary evidence of compliance
may be issued at the Borough's sole discretion when either:
(a)
The applicant proves that dye testing cannot be performed because
of weather conditions. When such is the case, the applicant shall
provide the Borough with security in the amount of $250 to guarantee
and insure that the dye test on the real property shall be performed.
The applicant will cause the dye test to be performed within 14 days
of written notification from the Borough, which will be given at such
time as weather conditions make the dye test possible. In addition,
the applicant shall provide the Borough with a signed, written acknowledgment
from the purchaser agreeing to correct, at the purchaser's sole
expense, any violations discovered as a result of subsequent dye tests.
Nothing in this subsection shall prohibit any purchaser from requiring
the applicant to reimburse the purchaser for any costs incurred; provided,
however, that the primary liability for correction of any illegal
connection shall run with the land and no agreement between the applicant
and the purchaser shall affect the Borough's enforcement powers
or excuse the current owner from performance; or
(b)
An illegal stormwater or surface water connection is discovered
and the necessary remedial activities to correct such connection would
require a length of time such as to create a practical hardship for
the applicant. The applicant may apply to the Borough Secretary for
temporary evidence of compliance which may only be issued when the
applicant provides the Borough with all of the following:
[1]
A bona fide executed contract between the applicant and a registered
licensed plumber legally requiring the plumber to complete the necessary
remedial work and granting the Borough the legal power to enforce
the contract, as a third-party beneficiary;
[2]
Cash security in the amount of said contract is posted with
the Borough; and
[3]
An agreement by the purchaser to be responsible for all cost
over-runs related to the remedial work together with a license to
enter upon the property to complete work in case of default of contractor.
The temporary evidence of compliance shall expire within 30 days after
its issuance, and at the expiration of the same the security thus
posted shall be applied by the Borough to have the necessary remedial
work completed. Any excess of funds remaining as security shall be
refunded to the applicant, but in the event that the security posted
is insufficient to complete the remedial work, the purchaser shall
be charged for the same and shall be responsible for payment thereof.
(3)
Regulations.
(a)
The Borough Council may from time to time adopt reasonable rules
and regulations for the operation and enforcement of this article
as the same may become necessary, which shall include, but not be
limited to:
(b)
Such rules and regulations shall be adopted at a regular meeting
of the Borough Council and shall be posted in the office of the Borough
Secretary. Rules and regulations issued pursuant to this section shall
be in writing and distributed as necessary to insure compliance with
this article.
(4)
The fees set forth in this article may be changed from time to time
by ordinance or resolution of Council.
B.
Excavations.
(1)
After the effective date of this section, any person or persons,
including but not limited to any public utility, private company or
corporation (hereinafter "applicant") excavating, boring or otherwise
penetrating by two feet or more ("excavating") into any property,
including Borough property, streets, sidewalks, Borough easements,
situate in the Borough of Emsworth ("improved property") shall make
an application for evidence of compliance on a form furnished by the
Borough at least 21 days before the commencement of the excavating.
The applicant shall then have a plumber who is registered and licensed
by the Allegheny County Health Department to perform a video inspection
of the sanitary sewer system and stormwater system on the real property
to be improved and/or subject to excavating. The plumber shall complete
the appropriate portions of the form confirming that he/she performed
a video camera inspection and certify the results of such test. The
plumber shall note all defects in the sanitary sewer system and stormwater
system. Said plumber shall also furnish a recorded copy of the results
of the video camera inspection in DVD-video format to the Borough.
(a)
Standards. To ensure that all defects are recorded, the inspector
shall inspect the appropriate portion of the sewer from both directions
or by high resolution pan and tilt cameras that allow the operator
to move the camera head angle to view defects as needed, providing
a full three-hundred-sixty-degree view, as approved by the Borough.
The Borough may amend, modify or provide guidance as to these standards
by resolution.
(b)
Insurance. The applicant and/or applicant's contractor
is required to have liability insurance which shall be maintained
in the minimum coverage amount of $1,000,000. A satisfactory certificate
of insurance confirming such coverage must be filed with the Borough
before any work shall be commenced. The Borough may amend, modify
or provide guidance as to these insurance requirements by resolution.
(2)
In the event that there are no illegal stormwater or surface water
connections or discharges, the Borough Secretary, or her designate,
shall issue an evidence of compliance upon payment of a fee of $25.
Said fee may hereafter be amended by ordinance or resolution of the
Borough Council of the Borough of Emsworth. If the video camera inspection
shows the existence of an illegal stormwater or surface water connection,
no evidence of compliance will be issued until such time as the illegal
connections or discharges are removed and certification of such removal
by a registered licensed plumber is received by the Borough. No improvements
may commence until applicant receives an evidence of compliance from
the Borough.
(3)
At the conclusion of the excavation (or a reasonable time thereafter,
as determined by the Borough), the applicant shall have the plumber
perform a video reinspection of the sanitary sewer system and stormwater
system on the real property to be improved. The plumber shall complete
the appropriate portions of the form confirming that he/she performed
a video camera inspection and certify the results of such test. The
plumber shall note all defects in the sanitary sewer system and stormwater
system. Said plumber shall also furnish a recorded copy of the results
of the video camera inspection in DVD-video format to the Borough.
(4)
The applicant shall be responsible for repairing, to the Borough's sole satisfaction, all defects in the sanitary sewer system and stormwater system determined by the Borough to have occurred between the pre-improvement camera inspection and the post-improvement camera inspection. In addition to or in lieu of the penalties set forth in § 186-26, the Borough may enforce applicant's obligations to repair defects by commencing a civil action with the appropriate magisterial district judge or the Court of Common Pleas of Allegheny County and, if successful, the Borough shall be entitled to recover from the applicant court costs and reasonable attorneys' fees incurred by the Borough from the person violating this article.
C.
Enforcement. The Borough designates the Code Enforcement Officer
and/or a police officer serving the Borough, or their designees, as
being the persons responsible for:
[Amended 11-8-2017 by Ord. No. 999]
Any person violating any provision of this article shall, upon
conviction thereof by any magisterial district judge or other court
of competent jurisdiction, be sentenced to pay a fine of not more
than $1,000 for each offense, plus court costs and reasonable attorneys'
fees incurred by the Borough, and, in default of payment of such fine
and costs, to imprisonment not to exceed 30 days. Each day a violation
is continued shall constitute a separate offense. In addition, any
person violating any provision 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 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 granted
to ALCOSAN, and is in addition to but not in place of any other remedy
available to the Borough. In addition to or in lieu of enforcement
set forth above, the Borough may enforce this article in equity in
the Court of Common Pleas of Allegheny County and, if successful,
shall be entitled to recover court costs and reasonable attorneys'
fees incurred by the Borough from the person violating this article.
