As used in this article, the following terms shall have the meanings
indicated:
DOCUMENT OF CERTIFICATION, EVIDENCE OF COMPLIANCE
An official statement from BASA stating that there was, at the time
of inspection and testing, no evidence of any illegal stormwater and surface
water connections and infiltration of ground- or subsurface waters on the
specific property which is being sold, transferred, assigned, mortgaged or
refinanced.
MUNICIPAL LIEN LETTER
A written letter from officials of BASA concerning municipal liens
for public sanitary sewer service and charges related thereto.
PERSON
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as the subject
of rights and duties.
SEWAGE
As defined under the Pennsylvania Sewage Facilities Act, 35 P.S.
§ 750.2, any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals and
any noxious or deleterious substances being harmful or inimical to the public
health, or to animal or aquatic life, or to the use of water for domestic
supply or for recreation, or which constitutes pollution under the Act of
June 22, 1937 (P.L. 1987, No. 394, also known as the Clean Streams Law, as
amended, 35 P.S. § 691.1 et seq.).
TELEVISING, DYE AND/OR SMOKE TESTING AND INSPECTION
Any commonly accepted method of testing and inspection wherein television
camera, dye and/or smoke is introduced into the storm, surface, ground- or
subsurface water collection system, down spouts or sanitary sewer lateral
connection of real estate property to determine if any illegal stormwater
or surface water or infiltration of ground- or subsurface water is entering
the sanitary sewer system.
The City has, by Ordinance No. 1502 (Council Bill No. 2001-103), designated BASA, its officers, employees and agents, as agents
for the City to identify, report and require the disconnection of any illegal
stormwater and surface water connections and infiltration of ground- or subsurface
waters, at any time prior to or from the effective date of this article, to
the BASA sanitary sewer system, and for such purpose, BASA, its officers,
employees and agents, are authorized to enforce, consistent with this article
and the ordinances in effect within the City with respect to illegal stormwater
and surface water connections and infiltration of ground- or subsurface water
to the sanitary sewers. BASA shall report to the City all enforcement measures
undertaken within the City which are directed to an owner, lessee or occupier
of realty situate in the City.
After the effective date set forth in §
217-23 of this article, it shall be unlawful for any person to sell or transfer any real estate within the City of Butler on which a building or improvement exists which is connected to the BASA sanitary sewer system, when such sale or transfer is subject to taxation under the Realty Transfer Tax Act, 72 P.S. § 8101-C et seq., and the corresponding regulations of the Department of Revenue; or to mortgage or refinance any real estate within the City of Butler on which a building or improvement exists which is connected to the BASA sanitary sewer system when such mortgage or refinancing is for the purpose of acquiring title to, or improving, modifying, repairing or rehabilitating any such real estate which requires a building permit under the City’s Building Code, without first delivering to the purchaser, transferee mortgagee
or person or institution providing financing or refinancing, a document of
certification from the proper officials of BASA.
In addition to the requirements set forth in §§
217-12 and 13 of this article of the City, any person selling, transferring, mortgaging or refinancing real estate located within the City which is connected to the BASA sanitary sewer system must subject such person’s real property to prior inspection, including inspection of interior premises of any building or residence, by authorized representatives of BASA, between the hours of 7:00 a.m. and 9:00 p.m., prevailing time, and upon seven days’ written advance notice to the person selling such real estate, to determine the presence of any illegal connection, device (e.g., a sump pump), or condition, which causes or permits storm- or surface water or the infiltration of ground- or subsurface water to enter into the BASA sanitary sewer system. Such person shall not be issued a document of certification until such inspection and testing has been performed and has revealed no evidence that a connection, device, or condition exists which causes or permits storm- or surface water or the infiltration of ground- or subsurface water to enter into the BASA sanitary sewer system and a followup inspection verifies that such connection, device or condition found to be previously in operation or existence has been disconnected and removed; or an escrow agreement satisfactory to BASA has been executed and a followup inspection of the illegal connection, device or condition identified in such agreement verifies that such connection, device or condition found to be previously in operation or existence has been disconnected and removed.
BASA is authorized in the course of its program of inspection and testing
privately and publicly owned facilities within the City, when it identifies
deteriorating sewer service laterals or other connections, devices or conditions
which cause or permit inflow of storm- and surface waters or infiltration
of ground- or subsurface waters into the publicly owned facilities of the
BASA sanitary sewer system, to provide written notice to the property owner
or owners as to the condition of such laterals and sewer service connections,
devices or conditions, together with a statement that such deteriorating laterals
and sewer service connections, devices or conditions, must, at the property
owner’s expense, be promptly repaired, replaced or rehabilitated. A
copy of all written reports of deteriorating laterals and sewer service connections
shall be kept on file and shall be used in determining whether certificates
can issue.
The powers conferred by this article of the City shall be in addition
to and not in substitution for any other powers conferred upon BASA to enforce
and require the elimination of illegal stormwater and surface water connections
or infiltration of ground- or subsurface water to the BASA sanitary sewer
system.
Nothing in this article shall limit, in any fashion whatsoever, the
City’s rights to enforce its ordinances or the laws of the Commonwealth
of Pennsylvania. Nothing in this article shall be a defense to any citation
issued by any municipal corporation or the Commonwealth pursuant to any other
law or ordinance.
The provisions of this article are severable and if any section, sentence,
clause or phrase shall be held by a court of competent jurisdiction to be
illegal, invalid or unconstitutional, the remaining portions of this article
shall not be affected or impaired hereby.
Any ordinance or part of any ordinance conflicting with the provisions
of this article be and the same are hereby repealed to the extent of such
conflict.
Sections
217-12,
217-13, and
217-14 of this article shall take effect June 1, 2004. The remaining sections of this article shall take effect 10 days after passage per § 1014 of the Third Class City Code.