[Added 9-13-2012]
The implementation of this article will aid the Borough by limiting
and reducing the inflow of additional water into the sanitary sewer
systems. By prohibiting the discharge of water from any roof, surface
ground, sump pump, swimming pool, other natural precipitation, and
other sources of inflow into the Borough's sanitary sewer system,
the Borough is seeking to reduce costs as well as protect against
other damaging effects. The Borough's sanitary sewer system has
had clean water enter the system which must be treated at the sewage
treatment plant. Therefore, by reducing and eliminating this inflow
of clean water into the sanitary sewer system and the subsequent unnecessary
treatment, the expenses to the Borough and its citizens will be reduced
and will assist in protecting the health, safety and welfare of the
residents of the Borough.
A.
Prohibited discharges. No person or entity shall discharge or cause
to be discharged any stormwater, surface water, groundwater, yard
drainage, yard fountain, swimming pool, pond overflow, subsurface
drainage, uncontaminated cooling water or unpolluted industrial process
waters, or any other substance other than sanitary sewage into the
sanitary sewer collection system. No person, business or other entity
shall discharge or cause to be discharged any hazardous substances
into any public sewers. No person or entity shall make connection
of roof downspouts, exterior foundation drains, areaway drains or
other sources of surface runoff or groundwater to a building sewer
or building drain which in turn is connected directly or indirectly
to a public sanitary sewer.
B.
Amnesty period for disconnection.
(1)
On or before March 31, 2013, any person, business, or other entity
who shall have a connection described above and who shall voluntarily
report said connection to the Borough, so that said illicit connection
shall be remedied, shall have any and all permit, connection and inspection
fees waived by the Borough. This waiver of fees applies only to Borough
fees, and does not include the actual cost of remediation.
(2)
After March 31, 2013, any person, business, or other entity who shall
have a connection described above, and shall fail to voluntarily report
such connection by March 31, 2013, shall be liable for all permit
fees, inspection fees, and connection fees as required by the Borough
to remedy the illicit connection.
C.
Manner of disconnection.
(1)
Any property owner, tenant, landlord, or other person with a property interest who shall have a connection in violation of this article, or who has not obtained a waiver pursuant to § 220-51 shall immediately remove such connection and correct such situation. If not removed or corrected within 120 calendar days after receiving a notice of violation which shall be personally delivered or delivered via certified mail, the Borough may seek to impose a fine in the amount provided for in § 220-53.
(2)
All disconnections of said illicit connections shall be accomplished
by a complete and permanent method and performed in a competent manner
and approved and inspected by the Code Enforcement Official. Any disconnection,
plugging, capping, rerouting, altering, or modifying must be done
in accordance with all applicable state and municipal building codes.
A.
After the service of an initial notice of inspection, the Code Enforcement
Official or his designee, as long as he displays the proper credentials
and identification, shall be permitted to request entrance to any
property for the purpose of inspecting, observing, measuring, testing
and sampling to confirm that there is no sump pump or other prohibited
discharge into the sanitary sewer system in accordance with this article.
B.
Any owner, tenant, landlord, or other person with a property interest
who shall refuse entrance to the Code Enforcement Official or his
designee, shall receive a second notice of inspection. If said owner,
tenant, landlord or other person with a property interest continues
to refuse entrance for inspection, an external inspection of the said
sewer system may be undertaken by the Borough. In the event said external
investigation determines any illicit connections to the sewer system,
said owner, tenant, landlord, or other person with a property interest
will be subject to a fine as set forth herein and reimbursement to
the Borough of the costs of such external investigation.
The Borough shall assist and provide guidance to any property
owner, tenant, landlord, or other person with a property interest
in remedying the situation as it involves a matter of public concern
to the resident's health, safety and welfare of the community
in remedying the illicit connection. Except as specifically set forth
in this article, all costs associated to comply with this article
shall be borne by the property owner, tenant, landlord, or other person
with a property interest.
Any person, business, or other entity, who shall by inspection or voluntary reporting be determined to be in violation of any section of this article, shall be permitted to file for a waiver of the fine requirement of § 220-53, if they can prove that they have exhausted all possible remedial measures. Remedial measures include but are not limited to, the installation of a dry well, the connection to a storm sewer, and/or use of one's own property for discharge of the water so long as such discharge does not adversely affect any neighboring property owner. Upon certification of the Code Enforcement Official, the person, business, or other entity shall be granted such waiver, but only for such time as to when a remedy becomes available. If such remedy is made available by the Borough, the Borough shall notify the person, business, or other entity that they shall comply with this article within 120 days of receiving said notice. Failure to comply will result in the imposition of a fine as per § 220-53.
After March 31, 2013, any property owner, tenant, landlord,
or other person with an interest in the property must apply and pay
for a permit to install a sump pump. The permit fee shall be $50.
A.
Any property owner, tenant, landlord or other person with an interest
in the property violating this article shall, upon conviction, be
subject to a fine of not less than $1,000 per violation and $100 per
day for each day the violation continues.
The Code Enforcement Official is authorized to enforce this
article and chapter and issue summonses for violations thereof.
All other provisions of Chapter 220 which are not affected by this amendatory ordinance are hereby ratified and confirmed and shall remain in full force and effect. However, all ordinances or parts of ordinances, which are inconsistent with the provisions of this amendatory ordinance, are hereby repealed to the extent of such inconsistency.
If any portion of this article is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this article, but shall
be confined in its effect to the provision directly involved in the
controversy in which such judgment shall have been rendered.
This article shall take effect after final passage and publication
as required by law.
