[Adopted 8-17-2010 by Ord. No. 735]
A.
The purpose of this article is to codify requirements for the testing,
repair, replacement, and ongoing maintenance of the privately owned
sewer laterals within the Borough of Trafford.
B.
The requirements of this article are intended to comply with requirements
of the Commonwealth of Pennsylvania Department of Environmental Protection
(PADEP), the Clean Streams Law, Act of June 22, 1937, P.L. 1987, as
amended, 35 P.S. 691.1 to 691.1001 ("Clean Streams Law"); Section
1917-A of the Administrative Code of 1929, Act of April 9, 1929, P.L.
177, as amended, 71 P.S. 510-17 ("Administrative Code") and the rules
and regulations ("rules and regulations") promulgated hereunder for
reducing infiltration and inflow in the Borough of Trafford sanitary
sewer collection system. To this end, this article requires that all
private sewer laterals be maintained by their owners in accordance
with the standards set forth in this article.
C.
On April 27, 2004, the Pennsylvania Department of Environmental Protection,
in its enforcement of the Clean Streams Law of June 1937, issued an
administrative cease-and-desist order to the Borough of Trafford,
and other communities, to control sewage overflows.
D.
In an effort to solve the problem of sewage overflows in compliance
with administrative consent order, the Borough of Trafford developed
a compliance plan, approved by the PADEP.
E.
Borough staff has observed that there exist in the Borough numerous
nonconforming storm water inflow connections into sewer laterals,
such as downspouts and storm drains on private property.
F.
The Borough estimates that as much as 40% to 50% of the I/I peak
flows during heavy wet weather events are from private laterals and
nonconforming storm drain connections on private property.
G.
Infiltration and nonsanitary sewer connections (inflows) are major
sources of the I/I that occurs during the rainy season. Evidence supporting
this conclusion includes internal inspection by television and conditions
documented by archaeological-type excavations.
H.
It is recommended that the Borough of Trafford update and enforce
their sewer ordinances as required to implement the consent order
recommendations, including an ordinance requiring testing and repair
of the privately owned portion of sewer laterals as a condition on
the sale of property; and to require all property owners to disconnect
nonconforming storm water connections and correct defective sewers
identified through testing.
I.
In order to meet the administrative consent order requirements for
I/I reduction, it is necessary to address the issues of private lateral
repair or replacement, and disconnection of nonsanitary sewer.
A.
The standards for maintenance of private laterals are as follows:
(1)
The private lateral shall be kept free from roots, grease deposits,
and other solids, which may impede the flow or obstruct the transmission
of waste;
(2)
All joints shall be tight and all pipes shall be sound;
(3)
The private lateral shall be free of any structural defects such
as cracks, breaks, openings, rodent holes or missing portions, and
the grade shall be uniform without sags or offsets;
(4)
The private laterals shall have cleanouts in accordance with § 160-39. All cleanouts shall be securely sealed with a proper cap at all times; and
(5)
All nonsanitary sewer connections shall be disconnected and such
connections shall be rerouted in accordance with applicable standards.
(6)
In conjunction with a lateral serving a structure in which there
are plumbing fixtures at an elevation too low to permit gravity drainage
from the fixtures to the main sewer, the property owner shall install
and maintain a pump to lift the sewage to the Borough's main
line.
B.
These standards shall apply to existing private sewer laterals only pursuant to § 160-40 or §§ 160-43 through 160-45, or when a person performs any work on a private sewer lateral, in which case such work shall comply with the requirements for repairs and maintenance of private laterals established by the Borough Engineer and the Plumbing Code of the Borough of Trafford.
A.
Each sewer lateral shall have a standard inspection port/site tee
cleanout located in the Borough right-of-way or easement. Such cleanouts
shall be installed by the property owner after obtaining all applicable
permits from the Borough.
B.
Each private lateral shall also have a privately maintained cleanout
within 30 inches of the building or as specified by the Plumbing Code
as adopted by the Borough of Trafford, whichever is more restrictive.
Such cleanouts shall be installed by the property owner consistent
with the Plumbing Code as adopted by the Borough of Trafford, after
obtaining all applicable permits from the Borough.
A.
A private lateral constitutes a public nuisance when either of the
following conditions exists:
(1)
The piping and fittings have leaks or breaks, or it is otherwise
subject to exfiltration or leakage of sewage; or
(2)
The piping and fittings provide connections other than those permitted
by this article and the Plumbing Code as adopted by the Borough of
Trafford, or is otherwise subject to inflow and infiltration, whether
accidentally, negligently, or intentionally.
B.
A cleanout constitutes a public nuisance if it:
A.
The Public Works Department/Code Enforcement Officer may require
the inspection and/or testing of any private lateral, and may determine
and declare that a private lateral or cleanout is a public nuisance
as defined in this article. Testing and inspection and repairs shall
be conducted as set forth in regulations adopted by the Borough of
Trafford.
B.
If the Public Works Department/Code Enforcement Officer determines
and declares that a private lateral or cleanout is a public nuisance,
the Public Works Department/Code Enforcement Officer may issue a written
notice ordering the property owner to make whatever repairs the Public
Works Department/Code Enforcement Officer reasonably deems necessary,
within a reasonable period of time that shall be specified in the
notice.
C.
Determinations under this section may be appealed to Borough Council.
A.
Owners shall obtain all required plumbing and sewer permits prior
to making such repairs, and shall retain the inspection card(s), signed
and approved by the Code Enforcement Officer, as proof of completion
of work.
B.
Upon approval of such repairs and payment of the required fee, the
Code Enforcement Officer shall issue a sewer lateral certificate.
C.
In the event a property does not comply with a final notice and order under § 160-41, the Borough may abate the public nuisances.
D.
The Borough may recover any costs incurred in abating a public nuisance
under this article.
A.
Prior to the sale of property that contains any structure with a
building sewer line that was installed more than three years prior
to the sale of the property, the owner shall have the building sewer
line tested for infiltration and inflow.
B.
The seller of any real property shall be responsible for disclosing
to prospective purchasers that the requirements of this article and
the compliance status of the real property in questions.
C.
Upon receipt of a municipal lien certificate request, the Public
Works Department of the Borough of Trafford shall, within 10 working
days of receipt of said application, inspect the private lateral sewer
connection to its public sewer system to determine whether or not
same is in compliance with the rules and regulations of the Borough
of Trafford.
A.
Whenever a person applies for a building and/or plumbing permit for
a construction valuation that exceeds either $20,000, or $10,000 when
involving two or more plumbing fixtures, the property owner shall
have the building sewer line tested for infiltration and inflow, unless
he or she presents satisfactory proof to the Code Enforcement Officer
that the private lateral sewer line is less than 10 years old or has
been repaired but not completely replaced within the last five years.
B.
In order to ensure compliance with this section, the property owner
shall obtain a sewer lateral certificate prior to approval of a building
permit application for that work.
C.
The Borough of Trafford Code Enforcement Officer is hereby authorized
to implement this section.
A.
All testing and inspection procedures shall be in accordance with
the standard procedures, or reviewed and approved by the Borough Engineer.
B.
CCTV inspections shall be performed by the Borough of Trafford Public
Works Department, unless directed otherwise, shall be performed by
a qualified, licensed plumbing contractor or utility evaluation service,
unless the owner presents satisfactory proof to Code Enforcement that
the private lateral is less than three years old.
C.
In the event it is determined that the aforesaid lateral sewer connection
is in violation of the rules and regulations of the Borough of Trafford,
the Borough of Trafford shall, within five days of completion of said
inspection, notify the applicant of the violation(s) and the necessary
repair work which must be done in order to correct said violation(s).
The applicant shall then, prior to the issuance of the municipal lien
certificate, complete the repairs necessary to correct the defective
condition(s), and shall request the Borough of Trafford to inspect
the repair work performed. The sanitary sewer lateral shall not be
covered by the applicant until the inspection has been completed.
The Borough of Trafford shall, within 48 hours of said request, inspect
said repair work and issue a certificate of compliance to the applicant
subject to the work being approved.
D.
If nonsewer connections to the private lateral sewer line are found, the property owner will be required to disconnect them and contain, disperse on site, or redirect storm water run-off unless granted an exception under § 160-46.
E.
The property owner shall submit a copy of the inspection card signed
and approved by a Borough inspector, as proof of compliance.
F.
Failure to comply with an order issued under this section shall be
deemed a violation of this article, and the condition of the private
lateral sewer line in such cases shall be deemed, and is hereby declared,
a public nuisance.
A.
All properties governed by this article are required to obtain sewer
lateral certificates. Sewer lateral certificates shall be issued by
the Code Enforcement Officer upon sufficient proof that a property
owner has complied with this article, and upon payment of any required
fee.
B.
Sewer lateral certificates shall be effective for the following periods
of time:
(1)
A period of three years after:
(a)
Acceptance of a test performed under this article if no repairs
were required;
(b)
Inspection and approval by the Borough of completed alterations
(partial repairs) to a lateral of or connections to a lateral;
(c)
Inspection and approval by the Borough of completed repairs
to a lateral or cleanout ordered by the Borough.
(2)
A period of three years after inspection and approval by the Borough
of replacement of the private lateral.
The Borough Council may establish fees by resolution for administration
of the article.
Any violation of any provisions of the chapter shall be deemed
a misdemeanor but may be cited and prosecuted, in the discretion of
the enforcing officer, as an infraction, and shall be punishable as
set for the in the Borough Code at the rate of $500 per day.
The remedies specified in this article are cumulative.
If any article, section, subsection, paragraph, sentence, clause
or phrase of this article for any reason shall be held to be invalid
or unconstitutional, the decision shall not affect the remaining portions
of this article. The Council of the Borough of Trafford hereby declares
that it would have passed this article and each article, section,
subsection, paragraph, sentence, clause or phrase which is a part
thereof, irrespective of the fact that anyone or more articles, sections,
subsections, paragraphs, sentences, clauses or phrases are declared
to be invalid or unconstitutional.
