[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 9-11-1995 by Ord. No. 1290 (Ch. 1042 of the 1982 Code). Amendments
noted where applicable.]
[1]
Editor’s Note: The Borough has sewage disposal agreements
with Scott Township and the City of Pittsburgh. The former was executed
on March 30, 1955. The latter are as follows:
Area/Borough Ordinance, Adoption Date:
Rook-Noblestown Road/Ord. 128, April 1, 1929.
Potomac Avenue/Ord. 198, September 16, 1936.
Greentree Road at Hamburg Street/Ord. 330, June 20, 1949.
Green Acres (Clearview and Terrace)/Ord. 337, November 7,
1949.
School Street/Ord. 349, March 5, 1951.
McMonagle Avenue/Ord. 352, March 26, 1951.
Ringold Area and School Street Area/Res. of November 5, 1956.
Avacoll-Crane Avenue/Res. of October 8, 1959.
Bell Run Area/(Letters of authority from City dated February
13 and September 6, 1957, and February 13, 1958).
Elmdale Road and Warriors Road/Ord. 826, October 7, 1974.
92.871 acres in the Borough; Bells Run Creek and Foster Plaza
Development/Ord. 1007, December 20, 1982.
In addition to the foregoing, Ordinance 335, adopted October
17, 1949, authorized a comprehensive agreement with the City of Pittsburgh
and the Allegheny County Sanitary Sewer Authority providing for sewage
treatment and disposal service and imposing charges therefor.
Copies of all of the foregoing legislation and agreements
are available, at cost, from the Assistant Borough Secretary.
The pretreatment regulations of the Allegheny County Sanitary
Authority are hereby incorporated into this chapter by reference as
though fully set forth herein.
For the purpose of this chapter, the following terms shall have
the following meanings:
The 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 Borough of Green Tree.
The engineer appointed by Council, as authorized under § C-1001 of the Green Tree Home Rule Charter.
A waste or substance which has any of the following properties:
The Council of the Borough of Green Tree.
The Allegheny County Health Department Plumbing Code as adopted
by the Allegheny County Health Department.
[Added 8-1-2022 by Ord. No. 1872[1]]
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, as specified in 25
Pa. Code 261.[2]
A waste or substance which can create a fire hazard in the
sewage collection system or the ALCOSAN treatment facility and which
has any of, but is not limited to, the following properties:
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 404 of the Clean Water Act, the Solid
Waste Disposal Act (including Title 2, more commonly referred to as
the Resource Conservation and Recovery Act, and including state regulations
contained in a 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.
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 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.
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.
A waste or substance which can create an explosion hazard
in the sewage collection system or the ALCOSAN treatment facility
and 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 gasses, 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 gasses, 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 it is heated under confinement;
It is readily capable of detonation or explosive decomposition
or reaction at standard temperature and pressure; or
It is a forbidden explosive, as defined in 40 CFR 173.51, a
Class A explosive, as defined in 49 CFR 173.53, or a Class B explosive,
as defined in 49 CFR 173.88.
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 commonly accepted method of testing whereby a video camera
is inserted into and travels throughout the private lateral sewer
line of real property to determine if any illegal stormwater or surface
water connection, groundwater, or surface water is entering the private
lateral and thus the Borough's sanitary sewer system.
[Added 8-1-2022 by Ord. No. 1872[3]]
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.
[Amended 6-6-2011 by Ord. No. 1660]
Every property in the Borough, adjoining or abutting upon any
street, alley or easement in which a public sewer is now or shall
hereafter be located within 250 feet of such sewer system shall be
connected with such sewer in such a manner and within such time as
the Borough may order, for the purpose of the discharge of all fecal
matter, human excrement, kitchen and laundry waste and other sewage
from such property. All such sewage shall, after such connection,
be conducted into such sewer. Every such property shall be connected
separately and independently with the sewer through the house connection
branch directly opposite the building or nearest to the building in
a downstream direction. The grouping of buildings on one house sewer
is not permitted, except under special circumstances and for good
sanitary reasons, with special permission granted by Council upon
the recommendation of the Borough Engineer.
If the owner of any property, after 45 days' notice from the
Borough to make a connection of such property with a sewer, fails
to make such connection, the Borough may make such connection and
may collect the cost thereof from such owner by a municipal claim
or in an action in assumpsit, as is provided by law.
No person shall make or cause to be made any connection of his
or her property with any of the Borough sewers until he or she has
fulfilled all of the following conditions:
A.
Such person shall notify Council of his or her wish and intention
to make such connection.
C.
Such person shall have given the Borough Secretary at least 24 hours'
notice of the time when such connection shall be made, in order that
the Borough Engineer, or his or her authorized agent, can be present
to supervise the work of such connection.
D.
Such person shall pay a sewer connection fee to the Secretary, for
the use of the Borough, based on use and occupancy, in accordance
with the following schedule:
(1)
There shall be a minimum sewer connection fee of $200;
(2)
Every single-family dwelling unit will be charged the minimum sewer
connection fee;
(3)
Multifamily dwelling units will be charged the minimum sewer connection
fee of $200 for each unit in the dwelling;
(4)
For all uses other than residential, such person shall pay the minimum
sewer connection fee of $200, which shall entitle the person to two
water closets or urinals. For each additional water closet or urinal
in the building or structure, an additional fee of $50 shall be charged
for each additional water closet or urinal in the building or structure.
All work of making connections to any of the Borough sewers
shall be done under the personal supervision of the Borough Engineer,
or his or her authorized agent, and shall conform to the following
requirements:
A.
All sewer connections shall be made at the place where the "Y" in
the Borough sewer is provided, but if no "Y" is provided in the Borough
sewer, the property owner making such connection shall, at his or
her own expense, put in the "Y" in making such connection.
B.
All joints shall be sealed and airtight, smooth and clean inside,
with all sewers in straight alignment and of proper grade, so as to
provide for the free flow of sewage without any obstruction, and made
in accordance with the specifications of the Borough for its sanitary
sewers.
A.
No person shall connect or cause to be connected with any of the
public sewers in the Borough, directly or indirectly, any steam exhaust,
boiler blowoff, sediment drip or any pipe carrying or constructed
to carry hot water or acid, germicide, grease, gasoline, naphtha,
benzine, oil or any other substance detrimental to the sewers or to
the operation of the sewage system or sewage disposal.
B.
No person shall connect or cause to be connected with any of the
public sewers in the Borough, directly or indirectly, any industrial
or commercial waste without first receiving the consent of, and making
satisfactory arrangements with, ALCOSAN and the Borough concerning
such industrial or commercial waste.
A.
No privy vault, cesspool or similar receptacle for human excrement
shall at any time, now or hereafter, be connected with any of the
Borough sewers.
B.
No privy vault, cesspool or similar receptacle for human excrement
shall hereafter be maintained upon any premises from which connection
with any of the Borough sewers has been made. Every such privy vault,
cesspool or other receptacle shall, within 30 days after final enactment
of this chapter in the case of premises now connected with a sewer,
or within 30 days after connection with a sewer in the case of premises
hereafter so connected, be abandoned, cleansed and filled under the
direction and supervision of the Allegheny County Health Department.
Any such privy vault, cesspool or other receptacle not abandoned,
cleansed and filled as required by this section shall constitute a
nuisance, and such nuisance shall be abated on order of the County
Health Department, as provided by law, at the expense of the owner
of such property.
A.
BOROUGH CLAIM/LIEN/TAX VERIFICATION LETTER
DYE TEST
EVIDENCE OF COMPLIANCE
ILLEGAL STORM OR SURFACE WATER
PERSON
TEMPORARY EVIDENCE OF COMPLIANCE
Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
A written letter from the Borough regarding any liens, claims,
and/or taxes due the Borough from said person.
Any commonly accepted plumbing test whereby dye is introduced
into the stormwater or surface water system of real property to determine
if any stormwater or surface water is entering the sanitary sewer
system.
An official written letter or statement from the Borough
confirming that it has on file a written report or statement from
a licensed plumber certifying there are no illegal stormwater or surface
water connections into the sanitary sewer system which would violate
the Borough or County ordinances, the State statutes, or Borough,
County or State plumbing regulations.
The inflow, infiltration, and/or discharge of stormwater,
surface water, basement seepage, downspouts, roof drainage, area way
drainage, or non-sanitary sewer discharge into the Borough's sanitary
sewer system.
Include without limitation any natural person, partnership,
association, authority, syndicate, firm, corporation, or other entity
having any ownership rights for or in any real property in the Borough
that is subject to this section.
A temporary written report/statement from the Borough issued pursuant to Subsection E(3) of this section.
B.
From and after the effective date of this section, it shall be unlawful
for any person to sell, convey or transfer real property located within
the Borough on which a building or improvement exists without first
obtaining and delivering to the purchaser an evidence of compliance
or temporary evidence of compliance from the Borough as required under
this section.
C.
Any person selling, conveying, or transferring real property located
within the Borough shall apply for evidence of compliance on a Borough-approved
form at least 14 days prior to the date of closing and pay such fee
as the Borough may establish from time to time by resolution. Such
person, hereinafter termed the "applicant," shall thereupon have both
a dye test and video camera inspection, hereinafter the "inspection,"
performed on the real property to be sold, conveyed, or transferred.
Both the dye test and inspection shall be performed by a plumber registered
and licensed by the Allegheny County Health Department. Upon completion
of the dye test and inspection, the plumber so hired by the applicant
shall then complete the appropriate section of the Borough form confirming
that the property has been dye tested and inspected and certifying
the results of such tests. In the event said plumber certifies that
there are no illegal stormwater or surface water connections or defects
in the private lateral on the property to be sold, conveyed, or transferred,
the Borough Manager or his or her representative shall issue the evidence
of compliance. If the dye test reveals the existence of an illegal
stormwater or surface water connection, or the inspection reveals
a defect allowing infiltration of the private lateral, the Borough
Manager shall not issue the evidence of compliance until the illegal
connection has been removed or the private lateral is repaired, and
the necessary correction(s) have been certified by a plumber who is
registered and licensed by the Allegheny County Health Department.
D.
This section shall apply to any transfer of the property, whether
by sale, gift, exchange, inheritance, or bequest or deed in lieu of
mortgage foreclosure, except that this section shall not apply where
a joint owner with right of survivorship or a tenant by the entireties
acquires full ownership of the property upon the death of the co-owner.
E.
In the event an illegal stormwater or surface water connection is
discovered, and the necessary remedial correction of the condition
would require a length of time to perform such that it would create
an undue hardship on the applicant to perform the same prior to the
date of closing on the sale, conveyance or transfer of the property,
the applicant may apply to the Borough Manager for temporary evidence
of the compliance, provided there is strict compliance with the following
conditions:
(1)
The Borough Manager or his or her designee is provided with a bona
fide executed contract between the applicant and a plumber registered
and licensed by the Allegheny County Department of Health requiring
the plumber to complete the necessary remedial work to correct and/or
remove the illegal stormwater or surface water connection;
(2)
Cash security in the amount of 110% of the contract price described in Subsection E(1) of this section is deposited with the Borough prior to the issuance of the temporary evidence of compliance to be held by the Borough in a non-interest-bearing account. Cash security shall be limited to cash, certified checks and treasurer's checks;
(3)
A written acknowledgment and notarized agreement under which the
purchaser, grantee, transferee, or devisee agrees to be responsible
for all cost overruns related to the remedial work, together with
a grant to the Borough of a license to enter upon the property to
complete the work, and the expense and cost of the purchaser should
the contractor default in the agreement. The Borough Manager or his
or her designee may establish a reasonable period of time for the
corrective work to be completed, taking into consideration the extent
of the work required and the conditions then existing. The Borough
Manager or his or her designee shall thereupon advise the applicant
and the purchaser of the date of expiration of the temporary evidence
of compliance. Upon expiration of the temporary evidence of compliance
without all remedial work having been completed, the cash security
deposit with the Borough shall be forfeited, and the Borough may use
such security to have the required remedial work completed. Any cost
overrun exceeding the cash security posted with the Borough shall
remain the sole and exclusive liability of the purchaser and constitute
a lien against the real estate.
(4)
The agreement referred to Subsection E(3) of this section shall be in a form capable of being recorded in the Office of the Recorder of Deeds, and may be recorded by the Borough as it deems necessary. The cost of recording the agreement shall be the responsibility of the purchaser and the applicant.
F.
A request for a Borough lien letter or tax certification letter must
be accompanied by a valid evidence of compliance certificate and/or
a valid temporary evidence of compliance certificate no less than
14 business days prior to the date the letters are requested. The
Borough may, by resolution, establish the fees for such letters.
G.
The Borough may, by resolution, adopt any or all of the following
in order to accomplish the purposes of this section:
(1)
Establish the application form, the purchaser acknowledgment form,
the plumber's certificate form, and the form of the evidence of compliance
certificate and temporary evidence of compliance, and the fee for
issuance of the same;
(2)
Establish the procedures and guidelines for the retention, release, and/or payment of any security fund held by the Borough under and pursuant to Subsection E(2) of this section.
(3)
Establish reasonable rules and regulations for the operation and
enforcement of the video camera inspection requirement.
H.
Any person violating any provision of this section shall, upon conviction thereof, by subject to a penalty up to the maximum amount provided by § 1-2 of this Code. The continuation of a violation shall, for each day after notice, constitute a separate offense subject to the penalties provided.
I.
This section shall not preclude the Borough from requiring other
inspections of private systems for the purpose of locating defective
piping which would allow surface water or groundwater to enter the
system.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2023.
[Added 8-2-2004 by Ord. No. 1498]
A.
DYE TEST
EVIDENCE OF COMPLIANCE
ILLEGAL STORMWATER OR SURFACE WATER
PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any commonly accepted plumbing test whereby dye is introduced
into the stormwater or surface water collection system of real property
to determine if such stormwater or surface water is entering the sanitary
sewer system. For the limited purpose of this section, the performance
of a dye test by the Borough's designated contractor may require access
to the interior of any structure.
An official written letter or statement from the Borough
confirming that it has on file a written report or statement from
a licensed plumber certifying there are no illegal stormwater or surface
water connections into the sanitary sewer system which would violate
the Borough or County ordinances; state statutes; Borough, County
or state plumbing regulations; and/or the consent decree executed
by and between the Borough and the Allegheny County Health Department.
The inflow, infiltration, and/or discharge of stormwater,
surface water, basement seepage, downspouts, roof drains, driveway
drainage, or non-sanitary-sewer discharge into the Borough's sanitary
sewer system.
Includes without limitation any natural person, partnership,
association, authority, syndicate, firm, corporation or other entity
having any ownership rights for or in any real property in the Borough
that is subject to this section.
B.
The Borough shall solicit bids from plumbers registered in Allegheny
County for the performance of dye testing of all structures located
in the Borough to determine the source of surface water, illegal stormwater,
or surface stormwater, such as roof leaders, downspouts or driveway
drainage systems.
C.
In the event the Borough awards a bid for the services set forth
above, the Borough will establish a timetable by which all dye testing
on all structures will be performed.
D.
In setting forth the timetable for the performance of dye testing,
the Borough shall provide for reasonable advance notice of the week
during which the dye test is anticipated to be performed, as follows:
(1)
The Borough shall provide to the occupant of a residence and to the
owner or management company of a structure other than a residence
a written notice, mailed first class, postage prepaid, setting forth
the week during which the dye test is scheduled to be performed; or
(2)
By personal delivery to the structure/residence, a written notice
setting forth the week during which the dye test is scheduled to be
performed.
E.
The dye test will be performed during normal business hours, Monday
through Friday.
F.
The dye test shall be performed only by a plumber registered and
licensed by the Allegheny County Health Department.
G.
The results of the dye test shall be reported to the Borough on a
form approved by the Borough.
H.
Upon completion of the dye test as contracted for by the Borough,
the plumber so hired shall complete the appropriate section of the
Borough form certifying that the property has been dye tested and
the results of such test. In the event the said plumber certifies
that there are no illegal stormwater or surface water connections
on the property at that time, the Borough Secretary or his or her
designated representative shall issue to the owner of the structure
a form entitled "Evidence of Compliance." The evidence of compliance
shall certify the condition of the stormwater as of the date on which
the dye test was performed. In the event the dye test reveals the
evidence of any illegal stormwater or surface water connection, the
Borough Secretary shall not issue the evidence of compliance until
the illegal connection has been removed and remedied by the owner
at his expense and the correction of the illegal connection has been
certified by the plumber to the Borough.
[Amended 6-6-2011 by Ord. No. 1662]
I.
The owner of the structure containing any illegal stormwater or surface
water connection shall receive a written notice from the Borough that
such illegal connection exists. Such notice shall be mailed by certified
mail, return receipt requested. In the event the owner refuses to
accept the service of the notice, the Borough shall be authorized
to mail it to the owner by first class mail, postage prepaid.
J.
Any and all illegal stormwater or surface water connections shall
be removed and remedied at the sole cost and expense of the owner
of the structure and shall be performed within 120 days of the date
the notice of illegal stormwater or surface water connection was issued.
K.
Any and all proposed remedial work to remove, correct or repair any
illegal stormwater or surface water connection shall be performed
as required by the Allegheny County Health Department Plumbing Division
Rules, Regulations and Code.
L.
Upon satisfactory completion of all required remedial work and certification
of performance of such corrective work by a registered plumber to
the Borough Secretary, the Borough Secretary shall issue to the owner
a form entitled "Evidence of Compliance."
M.
Any evidence of compliance issued under this section shall not be
deemed satisfactory evidence of compliance upon the subsequent sale
of the real estate.
N.
In the event any person objects to the Borough's designated contractor
performing the dye test on his property, or in any way prohibits or
delays the Borough's contractor from performing the dye test during
the period scheduled for the structure, the dye test as set forth
herein will not then be performed by the Borough's designated contractor
or at the Borough's expense. In that event, the owner of the structure
will be required to have the dye test performed at his sole cost and
expense by a plumber registered in Allegheny County within 30 days
of the date the Borough had originally scheduled the dye test to be
performed upon his structure.
O.
In all other respects, the owner of any structure who elects to have
the dye test performed at his sole cost and expense, or by his actions
in preventing or delaying the Borough's designated contractor from
performing the dye test at the scheduled date, shall be required to
have the test performed at his sole cost and expense, and shall comply
with all other requirements for correcting and removing any illegal
stormwater or surface water connections.
P.
Any person violating any provision of this section shall, upon conviction
thereof, be subject to a penalty up to the maximum amount provided
by law for the violation of the applicable building code. The continuation
of a violation shall, for each day after notice, constitute a separate
offense subject to the penalties as provided.[1]
In all cases where the Borough is required to pay ALCOSAN for
a delinquent account incurred by a resident of the Borough, the resident
who incurred such delinquency and is responsible therefor shall reimburse
the Borough in full for all sums that were required to be paid by
the Borough to ALCOSAN as a result of such delinquency for failure
to pay the charges assessed by ALCOSAN.
The Manager or the Borough Secretary is hereby directed to notify
the person responsible for a delinquent account, in writing, setting
forth the total amount that the Borough was required to pay to ALCOSAN
on behalf of such person, and request that reimbursement be made forthwith.
Upon failure to receive the requested sum, as set forth in §§ 1042.09
and 1042.10, within 30 days from the date of notice of a delinquent
account, the Manager or the Borough Secretary, at the discretion of
Council, is hereby authorized to shut off the water supply to the
person involved or to proceed to collect the sum involved in the manner
provided by law for the collection of such accounts, whichever in
the Manager's or the Secretary's discretion is deemed advisable.
A.
In addition to requiring the reimbursement to the Borough of all sums paid to ALCOSAN on behalf of a delinquent account, the Borough shall assess to each and every such account a delinquency penalty of 25% of the amount of the delinquent account to cover the costs and expenses incurred by the Borough in the processing and handling of such account, and if such account remains unpaid for 30 days after the person responsible for such account has been notified of the delinquency, as provided in § 260-12, the Borough shall further assess interest at the rate of 6% on the total delinquent amount.
B.
The proper officers of the Borough of Green Tree are hereby authorized
to enter into a shutoff agreement and amendments thereto with the
Pennsylvania-American Water Company, a current copy of which shall
be kept on file in the Borough offices and available for inspection
and copying as authorized by law.
C.
As authorized in the shutoff agreement, the Borough Manager, or such
other authorized officer of the Borough of Green Tree, shall be authorized
to request the Pennsylvania-American Water Company, or its successors,
to shut off the supply of water from its system to any premises in
the Borough of Green Tree in which the rentals, rates and charges
for sewer, sewage or sewage treatment services supplied by or imposed
by the Borough of Green Tree are unpaid, for a period of at least
30 days from the due date thereof, and to which the Borough has sent
such notices as may be required by 53 P.S. § 3102.502 et
seq., and the regulations thereunder as set forth in the shutoff agreement,
or as the same may be amended hereafter.
D.
In addition to the assessment and collection of all unpaid rentals,
rates and charges imposed for sewage services, there is hereby imposed
upon delinquent accounts any and all fees, costs and penalties, including,
but not limited to, the Water Company's charge for termination of
water supply, the Water Company's cost to restore water services and
the amount billed and paid by the Borough of Green Tree to the Water
Company for the Water Company's loss of water revenues, resulting
from such shutoff services, together with any and all other charges
authorized by 53 P.S. § 3102.502 and the regulations contained
therein.
E.
Any and all fees, costs and/or penalties assessed or imposed upon
the Borough as authorized by the shutoff agreement, or as amended
hereafter, shall be and are hereby imposed upon the delinquent account
holder and shall be collectable and payable as a condition of the
Borough authorizing the restoration of water services to the delinquent
account.
F.
Nothing herein shall prevent the Borough Manager, with prior authorization
from Council, from accepting payments on account of such delinquent
accounts or, in appropriate hardship cases, as may be determined at
the discretion of and as authorized by Borough Council, from suspending
such termination notice once issued.
G.
The right of the Borough to assess the delinquent accounts and the
fees, charges and costs set forth herein and as authorized in 53 P.S.
§ 3102.502 and the regulations contained therein, and as
set forth in the shutoff agreement, shall be in addition to, and not
in lieu of, those charges authorized by law and as otherwise contained
in this chapter.
A.
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:
B.
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 a 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, gasses 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
of a type approved by ALCOSAN and maintained in good operating condition.
(9)
Sludges or other materials from septic tanks or similar facilities,
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 or 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.
[Amended 12-17-2001 by Ord. No. 1445; 10-4-2004 by Ord. No. 1501; 12-5-2005 by Ord. No. 1542; 12-4-2006 by Ord. No. 1560; 12-7-2009 by Ord. No.
1629;[1] 12-19-2011 by Ord. No. 1667;[2] 10-24-2013 by Ord. No. 1703; 12-5-2016 by Ord. No. 1763; 12-4-2017 by Ord. No. 1780; 8-2-2021 by Ord. No. 1847; 12-6-2021 by Ord. No. 1860]
A.
In accordance with the action taken by the Board of Directors of
the Allegheny County Sanitary Authority (ALCOSAN) on October 28, 2021,
in its resolution fixing sewer rates and charges for water usage on
or after January 1, 2022, Council of the Borough of Green Tree hereby
approves and adopts the said ALCOSAN resolution setting sewer rates
and charges effective as of January 1, 2022. A true and correct copy
of the ALCOSAN resolution adopted on October 28, 2021, is attached
hereto, made a part hereof, and marked "Exhibit A."[3]
[3]
Editor's Note: Exhibit A is on file in the Borough offices.
B.
The Borough of Green Tree's sanitary sewer user fee/surcharge
adopted by Ordinance No. 1780 and subsequently last amended by Ordinance
No. 1847 is hereby set at $6 per 1,000 gallons of water used, on or
after January 1, 2022, through December 31, 2022. The sanitary sewer
user fee/surcharge shall be billed monthly, and payment shall be due
and payable without further demand within 30 days of the date of the
billing statement.
C.
The sanitary sewer sewage rates for sewered premises included within ALCOSAN's resolution adopted October 28, 2021, shall be billed monthly and shall include therein the sanitary sewer user fee/surcharge set forth in Subsection B above.
D.
The sanitary sewer sewage rates for sewered premises and the sanitary
sewer user fee/surcharge shall be billed monthly, and payment shall
be due and payable without further demand no later than 30 days after
the date of the billing statement.
E.
In the event any of the charges of sanitary sewer system services,
including the sanitary sewer sewage rates and the sanitary sewer user
fee/surcharge, remain unpaid for the period of 30 days from the date
of said billing statement, such charges are hereby declared to be
delinquent, and a penalty of 10% of the total amount of the billing
statement shall be added to the amount then due and owing. The unpaid
sanitary sewer sewage charges plus the delinquent sanitary sewer user
fee/surcharge together with the 10% penalty shall together constitute
the gross delinquent sanitary sewer account.
F.
For each delinquent sanitary sewer account remaining unpaid 90 days
after the date of the original billing statement, a service charge
of 3% of the gross delinquent sanitary sewer account shall be added
to the amount then due and owing. For each succeeding 90 days or part
thereof that the account remains delinquent in whole or in part, an
additional service charge of 3% shall be assessed, based upon the
gross delinquent sanitary sewer account or outstanding portion thereof.
G.
The sanitary sewer user fee/surcharge collected pursuant to this
section shall be deposited by the Borough of Green Tree in a special
fund, designated as the "Sanitary Sewer Fund," to be used for the
general purpose of erecting, installing, repairing, replacing, cleaning,
or otherwise maintaining and expanding the sanitary sewer system within
the Borough of Green Tree, including therein all such construction,
maintenance, installation, engineering, legal and/or condemnation
fees, costs and awards that may be incurred in connection with such
sanitary sewer system.
H.
Any ordinance or part of an ordinance conflicting with the provisions
of this section shall be and the same are hereby repealed insofar
as the same may affect this section. Ordinance No. 1847 is hereby
amended as set forth herein upon the effective date of this section.
No person shall take any action or do or cause to be done anything
in violation of any rule or regulation of ALCOSAN.
In addition to the penalty provided in § 1-2 of the Code, whoever violates any of the provisions 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 of 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 hereby granted to ALCOSAN and is in addition to, but not in place of, any other remedy available to the Borough.
