[Adopted 9-8-2004 by Ord. No. 1422]
A.
The United States Environmental Protection Agency and the Pennsylvania
Department of Environmental Protection have directed municipalities
to take such steps as are necessary to eliminate sanitary sewer overflows
or face civil penalties and other sanctions.
B.
The Town Council of the Borough of West View has determined that
the sanitary sewer facilities of the Borough may be receiving stormwater,
surface water and other nonsanitary discharges that exceed the hydraulic
capacity of the Borough's sanitary sewer system and cause or
contribute to sanitary sewer overflows.
C.
The Town Council of the Borough of West View has determined that
inflows of stormwater, surface water and other nonsanitary discharges
into the sanitary sewer system result in wasteful expenditures for
wastewater treatment.
D.
The Town Council of the Borough of West View has determined that
it is in the best interest of the residents of the Borough to eliminate
inflows of stormwater, surface water and other nonsanitary discharges
into the Borough sanitary sewer system.
E.
The Town Council of the Borough of West View has determined that
the procedures, fees and penalties provided by this article are necessary
to achieve the purposes of this article.
This article may be known and cited as the "Dye Testing Ordinance."
The following terms used in this article shall have the following
meanings:
The Borough of West View, Allegheny County, Pennsylvania.
A written letter for the Borough certifying that the property
is free from municipal liens and unpaid municipal taxes.
An official writing issued by the Borough that dye testing
has determined that there are no Illegal connections in violation
of this article.
Any dye test performed by the Borough, or an authorized agent
of the Borough who must be licensed under permit of the Allegheny
County Department of Plumbing, whereby dye is introduced into the
water collection system of a property to determine whether basement
seepage, groundwater, downspout drainage, roof drainage, driveway
drainage to other surface water drainage is entering the sanitary
sewer system.
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage or other surface water
drainage into the sanitary sewer system.
Those person(s) designated by the Borough to enforce this
article.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority or entity recognized by law as the
subject of rights and duties. The singular shall include the plural.
Real property located within the Borough upon which a building
or improvement exists.
A statement issued by the Borough pursuant to § 228-17 of this article.
Illegal connections are prohibited.
Persons owning property are required to maintain all private
sanitary sewer laterals and sanitary sewer service connections in
good repair.
The Ordinance Compliance Officer shall immediately initiate
dye testing to identify illegal connections. This Ordinance Compliance
Officer is authorized to retain the services of a qualified contractor
to perform the dye testing, and to cooperate with neighboring municipalities
to minimize costs. Persons owning property are required to grant access
to the Ordinance Compliance Officer and/or the dye testing contractor
and to permit dye testing.
In the event that the Ordinance Compliance Officer identifies
any illegal connections or leaking, deteriorating or poorly constructed
private sanitary sewer lateral and/or sanitary sewer service connections,
the Ordinance Compliance Officer shall give written notice of same
to the property owner and an order that such illegal connections be
eliminated and/or that such leaking, deteriorating or poorly constructed
sanitary sewer laterals and/or service connections be, at the property
owner's expense, repaired, replaced, or rehabilitated within
10 consecutive calendar days of the date of the notice and order.
If the condition does not create a health hazard, the Ordinance Compliance
Officer, upon request of the property owner, may once extend the 10
consecutive day deadline to 30 consecutive calendar days from the
date of the notice and order.
It is unlawful for any person to sell property without first
delivering to the purchaser a certificate of compliance or temporary
certificate of compliance. For purposes of this article, a sale of
property shall include any conveyance or transfer whereby title is
transferred from one person to another, but shall not include:
A.
At least 21 days prior to the sale of property, the seller (hereinafter "applicant") shall apply to the Borough for a certificate of compliance, by a registered master plumber, at no cost to the Borough. The dye testing on the property shall be performed as directed by the owner. If the dye testing identifies illegal connections, then the Borough shall notify applicant pursuant to § 228-14 of this article. If the dye testing identifies no illegal connections, then the Borough shall issue a certificate of compliance to applicant upon payment of a twenty-dollar fee to the Borough.
B.
If a certificate of compliance for the property has been issued within
the three years preceding the date of application, the Ordinance Compliance
Officer may waive the dye testing requirement. In this event, the
Ordinance Compliance Officer may issue a certificate of compliance
upon payment of a fee to the Borough of $20.
A.
Requirements
and issuance.
(1)
When
an illegal connection is discovered and activities necessary to correct
the condition would require such a length of time as to create a practical
hardship for the applicant, the applicant may apply to the Ordinance
Compliance Officer for a temporary certificate of compliance, which
may only be issued when the applicant provides the Borough with all
of the following:
(a)
Written explanation of the practical hardship;
(b)
Security, in the form of a certified check or bond in the amount
of $1,000, which shall be held in escrow at the time of the closing;
(c)
An executed agreement by the purchaser/transferee accepting responsibility
for all costs in excess of the cash security; and
(d)
An easement or other license executed by the purchaser/transferee
allowing the Borough to enter upon the property and complete the work
in case of default by applicant.
(2)
The temporary certificate shall in no event exceed 30 consecutive
calendar days.
B.
The Ordinance Compliance Officer shall determine in good faith based
upon all the circumstances when such temporary certificate shall expire,
and shall advise applicant and the purchaser of the expiration date.
If the temporary certificate of compliance should expire without all
work having been completed, the cash security shall be forfeited to
the Borough, and the Borough may apply the cash security to complete
the necessary work. If the remedial work is completed prior to the
expiration date, the Borough shall authorize the release of security
to the applicant or to his/her designee.
A request for a Borough no lien letter must be accompanied by
a valid certificate of compliance and no lien letter fee, all of which
shall be delivered to the Borough at least seven business days prior
to the day the lien letter is to be provided.
The fees set forth in this article may be changed from time
to time by resolution of the Borough Council.
Nothing in this article shall limit in any fashion whatsoever
the Borough's right to enforce its ordinances or the laws of
the Commonwealth. Nothing in this article shall be a defense to any
citation issued by any municipal corporation or the commonwealth pursuant
to any law or ordinance.
It is unlawful for any person to refuse access to property for
purposes of dye testing, to issue or obtain false dye testing results,
or to procure a certificate of compliance or temporary certificate
of compliance under false pretenses. Any person violating these or
any other provisions of this article shall, upon conviction, be subject
to a penalty of not more than $500 for each violation or, in the alternative,
a penalty of not more than the maximum provided under other Borough
or Pennsylvania laws that may apply. Once a person is notified of
a violation of this article, each day that such violation occurs or
continues shall constitute a separate violation. In addition to and
not in lieu of the foregoing, the Borough may seek equitable and legal
relief to compel compliance with this article.
