[Amended 3-16-1999 by Ord. No. 1094]
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms used in this article shall be as follows:
BOROUGH
The Borough of West Mifflin.
INTERFERENCE
Any inhibition or disruption of the sanitary sewer facilities,
its treatment processes or operations, its sludge processes, use or
disposal, or of any sewer, pipe or other conveyance located in the
Borough of West Mifflin and transmitting any substance into any treatment
facility, wherever located, which is the cause of and significantly
contributes to either a violation of any requirement of that sanitary
sewer facility's National Pollution Discharge Elimination System permit,
hereinafter called "NPDES permit," including increasing the magnitude
or duration of the violation, or to the prevention of sewage sludge
use or disposal by the sanitary sewer facility in accordance with
the following statutory provisions and rules, regulations and permits
issued thereunder: Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.); Pennsylvania Clean Streams Act (35 P.S. § 691.1
et seq.); Pennsylvania Solid Waste Management Act (35 P.S. § 6018.101);
Federal Water Pollution Control Act (33 U.S.C. § 1251 et
seq.); the Solid Waste Disposal Act (42 U.S.C. § 6901 et
seq.), including Title II, more commonly referred to as the "Resource
Conservation and Recovery Act," and including all Commonwealth of
Pennsylvania Department of Environmental Protection regulations prepared
pursuant to Subtitle D of the Solid Waste Disposal Act; and the Clean
Air Act (42 U.S.C. § 7401 et seq.); and the Toxic Substances
Control Act (15 U.S.C. § 2601 et seq.); and the County of
Allegheny Health Code; and the Pollution Control Standards of the
Ohio River Valley Water Sanitation Commission. All such statutory
provisions, rules and regulations or permits are hereinafter referred
to as "statutes" or "laws." A user significantly contributes to such
a permit violation or prevention of sludge use or disposal in accordance
with the above-cited laws whenever such user:
A.
Discharges daily pollutant loading in excess of that allowed
by permit or by contract with any sanitary sewer treatment facility
or by federal, Commonwealth of Pennsylvania, County of Allegheny,
or Borough laws, ordinances, rules and regulations or any other municipal
laws or authority regulations.
B.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge.
C.
Knows or has reason to know that its discharges, alone or in
conjunction with discharges from other sources, would result in a
violation of the Borough of West Mifflin or any other sanitary sewer
NPDES permit or prevent sewage sludge use or disposal in accordance
with the above-cited laws, as they apply to the Borough of West Mifflin's
selected method of sludge management.
LESSEE
Any person who has a leasehold interest in any realty within
the Borough, whether the original lessee or subtenant, holdover tenant,
permissive tenant or guest or squire.
OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any realty located within the Borough.
PASS-THROUGH
Any discharge of pollutants through the sanitary sewer facilities
of the Borough of West Mifflin into navigable waters or streams in
the Commonwealth of Pennsylvania in quantities or concentrations which
are either a cause of or significantly contribute to a violation of
any requirement of the Borough of West Mifflin's NPDES permit (including
an increase in the magnitude or duration of a violation). The user
significantly contributes to such permit violation where it:
A.
Discharges a daily pollutant loading in excess of that allowed
by permit or by contract with the Borough of West Mifflin or by federal,
Commonwealth of Pennsylvania, County of Allegheny, ALCOSAN or any
of the Borough laws, ordinances, rules or regulations.
B.
Discharges wastewater which substantially differs in nature
or constituents from the user's average discharge.
C.
Knows or has reason to know that its discharge, alone or in
conjunction with discharges from other sources, would result in a
permit violation.
D.
Knows or has reason to know that the Borough of West Mifflin
is for any reason violating its final effluent limitations in its
permit, and that such user's discharge, either alone or in conjunction
with discharges from other sources, increases any magnitude or duration
of the Borough of West Mifflin's violation.
E.
Knows or has reason to know that its discharge, alone or in
conjunction with other sources, would prevent sewage sludge use or
disposal in accordance with any applicable law or regulation as the
law or regulation applies to the Borough's selected method of
sludge management.
PERSON
Any individual, partnership, company, association, corporation,
political subdivision, authority, state, county or any other group
or entity.
PROPERTY
Any property within the Borough upon which there is erected
a structure intended for continuous or habitual habitation, occupancy
or use by human beings or animals and from which structure sewage
shall or may be discharged.
SEWAGE
Any substance that contains any of the waste products or
excrement or other discharges from the bodies of human beings or animals.
TAP-IN FEE
The fee charged by the Borough of West Mifflin for access
to municipal sanitary sewer lines which transmit sewage to sanitary
sewage treatment facilities, whether owned by the Borough or any other
person.
Every improved property in the Borough of West Mifflin adjoining
or abutting upon streets, alleys or areas in which a public sewer
is now or shall hereinafter be constructed or located shall be connected
with said sanitary sewer line, in such manner and within such time
as the Borough may order, for the purposes of collection of the discharge
of all sewage from said property.
No person shall make or cause to be made any connection of his
property with any of the Borough's sanitary sewer lines until
he has fulfilled all of the following conditions:
A. Make application with the Borough Building Inspector's office
for a permit to make such connections.
B. Present the Building Inspector's office with such data the Building
Inspector may require to insure the proper connection of the property
and the Borough's sanitary sewer line and to insure that only
sewage shall be discharged into the sanitary sewer line.
C. Pay the appropriate tap-in fee as from time to time established by
the Borough of West Mifflin.
D. Make application for, secure and pay for any other permit fee required
in connection with the tap-in installation, such as a permit to excavate
in the street, grading permit or whatever else is required by statute,
county and Borough ordinances or regulations.
E. The owner or his agent shall give the Building Inspector's office
at least 24 hours' written notice of the time when such connection
shall be made, in order that the Building Inspector or his designee
can be present to observe that the work of connection is done correctly
in accordance with rules and regulations of the Borough of West Mifflin.
All work in making a connection into any of the Borough sanitary
sewer lines or any line which voids into the Borough's sewer
lines shall be done in accordance with the rules and regulations established
by the Borough of West Mifflin and shall be done under the personal
observation of the Building Inspector's office, the Borough Engineer
or whatever other person the Council of the Borough of West Mifflin
may authorize and delegate to oversee the actual connection to the
Borough sanitary sewer lines. All work pertaining to the connection
to the said Borough sanitary sewer lines shall be, financially and
otherwise, the responsibility of the owner of the property or his
lessee, jointly and severally, with which the tap-in connection is
made, and all tap-in fees shall be the responsibility of the owner
and lessee, jointly and severally.
[Amended 3-1-1994 by Ord. No. 1012]
No stormwater or water from roofs shall be permitted to enter
the sanitary sewers, and no connection shall be made and no apparatus
shall be connected which shall be intended for or shall render possible
the entry of such stormwater or roof water into the sanitary sewer
lines.
Every property in the Borough of West Mifflin which has access
to a sanitary sewer trunk line of the Borough of West Mifflin or a
sanitary sewer trunk line, pipe or conveyance shall be connected with
said sanitary sewer trunk line, pipe or connection within 30 days,
unless the Borough designated a different time period for such connection,
and the property owners shall pay to the Borough the tap-in fees hereinafter
set forth.
The Borough of West Mifflin imposes a tap-in fee, in such amount
as hereinafter set forth, to be paid by the owners or tenants, jointly
or severally, for access to the various sanitary sewer lines located
in the various sanitary sewer districts of the Borough of West Mifflin.
The Borough of West Mifflin hereby imposes a fee of $1,000 for
each unit to be paid by the owner of mobile home parks, or the mobile
home site if individually owned, situate in the Borough of West Mifflin,
Commonwealth of Pennsylvania, and the amounts are imposed upon the
following properties as set forth in the following schedule:
A. Hereafter, each mobile home, prefabricated unit, modular dwelling
or other structure or comparable unit occupying a berth, pad or space
in the mobile home park or upon an individual lot shall be assessed
the sum of $1,000 for one commode or for one lavatory or one urinal,
together with an additional fixed sum of $165 for each additional
lavatory, commode, urinal or other sanitary unit contained in the
unit. Each pad, berth or space shall be considered a unit, whether
the pad, berth or space is occupied or vacant.
B. Other structures, including conventional homes, located within the
mobile home parks shall be assessed according to the general ordinance
governing either residential unit or business or commercial unit rates
or assessments, as the case may be, which assesses a fixed sum for
sewage services through the Borough.
[Amended 2-15-1994 by Ord. No. 1009]
A. For all sanitary sewer construction projects which are now under
various stages of planning, bidding or constructing, the tap-in fee
shall remain the same as when the project was initially planned by
the Sanitation Committee, i.e., $300 for one commode, urinal or lavatory
and $50 for each additional commode, urinal or lavatory. All existing
sanitary sewer projects currently planned that shall retain the tap-in
fee of $300 for one commode, urinal or lavatory and $50 for each additional
commode, urinal or lavatory are listed as follows:
(1) Everlawn Street Sanitary Sewer Project.
(2) Buttermilk Hollow Road Sanitary Sewer Project.
(3) Gunther Plan Sanitary Sewer Project.
(4) Homestead-Duquesne Road Sanitary Sewer Project.
(5) Addison Avenue Sanitary Sewer Project.
B. Additionally, all residential structures existing in the Borough
of West Mifflin which are 15 years or older will be subject to a tap-in
fee of $300 for one commode, urinal or lavatory and $50 for each additional
commode, urinal or lavatory. However, in order to qualify for the
fifteen-year or older residential structure fee, the residential structure
must meet the following conditions:
(1) Be substantially the same as when it was constructed.
(2) Have a construction date that commenced on or before February 1,
1979, as evidenced by a valid building permit issued by the Borough
of West Mifflin. In the event that the age of the residential structure
is in excess of years when building permits were required, then, upon
inspection, the Building Inspector's office may issue a certification
that the age of the residential structure is in excess of the time
period for which records are kept by the Borough of West Mifflin.
(3) The structure is substantially the same as when it was constructed
on or before February 1, 1979. "Substantially the same" means that
the exterior dimensions of the structure have not been enlarged in
excess of 25% of what was originally constructed.
(4) The owners did not have reasonable access to a sanitary sewer trunk
line from the period of February 1, 1979, until the date of enactment
of this article.
All such fixed sums shall be due and payable when application
for a permit is filed, unless Council of the Borough of West Mifflin
grants an extension of time or a payment schedule to the applicant.
If said sum is not paid when application for a building permit is
filed, within the time allotted by the Borough Council, a penalty
of 10% will be added, together with the interest payments at the rate
of 10% per annum from the due date of payment, together with court
costs and attorneys' fees incurred for collection. All monies
collected under this article shall be deposited into a sanitary sewer
and treatment fund, and said funds shall be used to construct, reconstruct,
acquire sanitary sewer rights-of-way, and maintain sanitary sewer
lines and appurtenances or sanitary treatment plants of the Borough
of West Mifflin. These funds may also be used to pay all related sanitary
sewer and treatment costs, such as engineering fees, legal costs,
attorneys' fees and lien costs and costs for collection of the
fees.
Such fixed sum shall be a lien on the property from the date
due and, if not paid within 30 days of notice by the Borough, may
be collected by an action of assumpsit in the name of the Borough
of West Mifflin against the owner of the property charged or by distress
of personal property on the premises or by distress on rents due or
by a lien filed in the nature of a municipal lien or any other method
permitted by law.
In addition to filing for collection of all monies due, the
Borough Manager is hereby authorized to initiate proceedings to have
the water company cease servicing the property and to have the water
company shut off access to the water which services the property at
the curb. The cessation of water services to any structure shall be
done in accordance with existing statutes and regulations during time
periods allowed by existing statute.
[Amended 3-16-1999 by Ord. No. 1094]
A. Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days.
B. Each day that a violation continues shall constitute a separate offense.
In the case of firms or associations, the penalty may be imposed on
the partners or members thereof; in the case of a corporation, upon
the officers and stockholders thereof.