[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.
C. 
Installation of cleanouts under this section may be undertaken at any time with applicable permits, but shall only be required with new construction or replacement of existing laterals, pursuant to § 160-40 or §§ 160-43 through 160-45.
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:
(1) 
Is uncapped or improperly capped;
(2) 
Has leaks or breaks or is otherwise subject to exfiltration or leakage of sewage, or
(3) 
Has nonsanitary sewer connections or is otherwise subject to inflow and infiltration, whether accidentally, negligently, or intentionally.
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.
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.