When used herein, the following words shall
have the following meanings:
APPLICANT
Any person (defined below) selling real property (defined
below) or purchasing real property (defined below) located within
the Township.
EVIDENCE OF COMPLIANCE CERTIFICATE
A certificate from the Mahoning Township Municipal Authority
confirming that it has on file a written report or statement from
an inspector (defined below) certifying there is not located on a
property any illegal connections (defined below) into the sanitary
sewer system (defined below).
ILLEGAL CONNECTIONS
Connections to the sanitary sewer system that allow storm/surface/groundwater
to be discharged into the Authority's sanitary sewer system from sources
including, but not limited to, floor drainage, sump pumps, downspout
drainage, roof drainage, and areaway drainage.
INSPECTION
Shall include physical inspection, dye testing (a commonly
accepted plumbing test whereby a nontoxic, nonstaining dye is introduced
into the storm/surface/groundwater collection system of real property
to determine if any storm/surface/groundwater is entering the sanitary
sewer system), smoke testing to detect roof leaders, and any other
reasonable and appropriate testing methodology(ies) acceptable to
the Mahoning Water and Sewer Authority to determine if any storm/surface/groundwater
is entering the sanitary sewer system.
MTMA
The Mahoning Township Municipal Authority, its agents, consultants,
contractors, or other designated representatives authorized to act
on its behalf.
PERSON
Any natural person, partnership, association, authority,
syndicate, firm, corporation, developer, contractor, government, or
other entity recognized by law as the subject of rights and duties.
PURCHASER
A person acquiring title to real property with or without
consideration.
SANITARY SEWERS
Sewers designed and built to carry sanitary sewage and/or
industrial waste separately from water discharge.
SELLER
A person transferring or conveying title to real property
to another person.
STORM SEWER SYSTEM
A sewer system designed to accept and transport flows of
storm/surface/groundwater, as distinct from sewage.
TOWNSHIP
The Mahoning Township, Montour County, Pennsylvania.
Illegal connections must be disconnected from
the sanitary sewer system and redirected, as appropriate, to either
a separate storm sewer system, or another appropriate legal place.
Connection of the illegal connection to the Township's separate storm
sewer system is subject to the prior approval of the Township and
the MTMA. In no event is water to be discharged from the illegal connection
upon or across public or private sidewalks, or discharged onto adjacent
property. Prior to the commencement of any work on the disconnection
of an illegal connection, all necessary and required building permits,
street opening permits, sidewalk opening permits, tap-in permits,
and other approvals and permits that may be necessary to accomplish
the disconnection shall be acquired, and all fees paid, and a plan
of corrective action shall be presented to the MTMA, for the MTMA's
approval, on a MTMA Corrective Action Plan form (plan form). "Disconnection"
shall mean that the illegal connection is disconnected and removed
from the sanitary sewer system, and that the illegal connection access
to the sanitary sewer system at that location is permanently capped
and sealed. The disconnection of the illegal connection shall be certified
by an inspector on the MTMA plan form.
The MTMA may reject an application for an evidence
of compliance certificate or for a temporary evidence of compliance
certificate whenever the requirements of this article have not been
met. In the event of such a rejection, the applicant may, within 15
days of the rejection, file an appeal with an appropriate appellate
body.
The MTMA may, by resolution, adopt any or all
of the following in order to accomplish the purposes of this article:
A. Establish and promulgate any and all forms, fees,
procedures, regulations and/or guidelines necessary to implement and
effectuate the objectives and purposes of this article.
B. Establish the procedures and guidelines for the retention, release, and/or payment of any security held by the MTMA under and pursuant to §
183-81 above.
Whenever the MTMA finds that a noncompliance
or violation of this article has occurred, the MTMA may order compliance
by written notice of noncompliance/violation. Said notice may be served
personally on the owner and/or possessor of the property, or by leaving
the same at the principal building on the property, or by posting
the same conspicuously on the property, or by certified mail sent
to the address of the property or at such other address for the owner
and/or possessor as maintained in the Township or County of Montour
records.
A. The notice of noncompliance/violation shall contain:
(1) The name and address of the alleged noncomplier/violator;
(2) The address, when available, or a description of the
building, structure or land upon which the noncompliance/violation
is occurring, or has occurred;
(3) A statement specifying the nature of the noncompliance/violation;
(4) A description of the remedial measures necessary to
restore compliance with this article and a time schedule for the completion
of such remedial action;
(5) A statement of the penalty or penalties that shall
or may be assessed against the person to whom the notice of noncompliance/violation
is directed; and
(6) A statement that the determination of violation may
be appealed by filing a written notice of appeal with an appropriate
appellate body within 15 days of the service of notice of noncompliance/violation.
B. Such notice of noncompliance/violation may require
without limitation:
(1) The performance of inspections, monitoring, analyses,
and reporting;
(2) The elimination, disconnection, and removal of the illegal connection(s) in accordance with §
183-78 of this article; and
(3) That the person whose discharges, practices, or operations
are in noncompliance/violation of this article shall cease and desist
from such noncompliance/violations.
Any person receiving a notice of noncompliance/violation
may appeal the determination of violation by filing a written notice
of appeal with an appropriate appellate body within 15 days of the
service of the notice of noncompliance/violation.
In the event a noncompliance/violation of this
article constitutes an immediate danger to public health or public
safety, the MTMA is authorized to take any and all measures necessary
to abate the noncompliance/violations, disconnect and remove the illegal
connection(s), and/or restore the property. The costs of the measures
taken by the MTMA shall constitute a recordable lien against the property.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of the provisions of this article is a threat to public
health, safety, welfare, and the environment and is declared and deemed
to be a nuisance, and the MTMA may seek abatement thereof by injunctive
or other equitable relief as provided by law.