[Adopted 8-10-2004 by Ord. No. 2273; amended in its entirety 12-12-2017 by Ord. No. 2588]
A.
The Pennsylvania Sewage Facilities Act, as amended, 35 P.S. § 750.1
et seq., as well as other county, state and federal regulations, require
that the Borough of Millvale make, or cause to be made, such inspections
and tests that may be necessary to carry out the provisions of such
legislation to eliminate stormwater and surface water from entering
into its sanitary sewer system;
B.
The Borough of Millvale has determined that for the health, safety
and welfare of the residents of the Borough of Millvale, it is necessary
to implement a requirement of certification that there are no illegal
stormwater or surface water connections to the sanitary sewers prior
to the sale of real estate within the Borough through the issuance
of municipal authority lien letters;
C.
The Borough of Millvale is desirous of eliminating stormwater and
surface water from entering into the sanitary sewer system; and
D.
The Borough of Millvale is desirous of establishing certain procedures
for the issuance of municipal lien letters.
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Millvale.
Any commonly accepted method of testing wherein dye is introduced
into the stormwater or surface water collection system and downspouts
of real property to determine if any illegal stormwater or surface
water is entering the sanitary sewer system.
An official statement from the Borough stating that it has
on file a written statement from a licensed plumber that there are
no illegal stormwater or surface water connections into the sanitary
sewer system which would violate Borough or county ordinances, state
or federal statutes or Borough, county or state plumbing regulations.
The discharge of stormwater or surface water by the connection
of downspouts, roof drainage or surface drainage into the sanitary
sewer system.
A written letter from the Borough concerning municipal liens.
Any person, association, partnership, firm, corporation,
institution, agency, authority, or other entity recognized by law
as the subject of rights and duties.
The sanitary sewer system within the Borough.
A temporary statement from the Borough issued pursuant to
the terms of this article.
A.
It shall be unlawful for any property owner or occupant whose premises
or structure is connected to the sanitary sewer system owned and/or
operated by the Borough to discharge or permit to be discharged any
stormwater or surface water from the premises into the Borough's
sanitary sewer system.
B.
It shall be unlawful for any property owner or occupant to maintain
any connection of a roof drain, downspout, driveway drains, or other
conveyance of stormwater or surface water to the Borough's sanitary
sewer system.
A.
ALCOSAN, GRJSA and the Borough, through its officers, agents, representatives,
and contractors, may conduct periodic dye tests, smoke tests or any
other appropriate tests or inspection of all sewer systems, laterals,
structures and premises tapped into the sanitary sewer system located
within the Borough for compliance with this article and any other
regulations pertaining to the operation of the sanitary sewer system.
B.
Every owner or occupant of any structure or premises located in the
Borough or adjoining or tapped into the sanitary sewer system located
within the Borough shall submit to such periodic testing by ALCOSAN,
GRJSA, the Borough or their designated testers. ALCOSAN, GRJSA, the
Borough and its designated testers shall have the right to conduct
as many tests as are necessary, in the opinion of the tester, to determine
whether any illegal stormwater or surface water connections exist.
ALCOSAN, GRJSA and the Borough shall also have the right to rely on
the results of any internal televising of the sanitary sewer or connections
thereto.
C.
ALCOSAN, GRJSA and Borough representatives and designated testers
are hereby authorized to enter onto private property at such times
and places as may be necessary to perform testing hereunder. Such
ALCOSAN, GRJSA and/or Borough representatives and testers shall give
property owners and occupants reasonable advance notice of such entry
onto private property.
D.
Fees. ALCOSAN, GRJSA and the Borough may establish and impose upon
the occupant or owner of any structure or premises which undergoes
testing a fee reasonably calculated to reimburse ALCOSAN, GRJSA and/or
the Borough for costs incurred in connection with such testing, including
the costs of establishing and administering such testing programs,
the amount of such fee to be set by resolution of Borough Council.
A.
In the event that testing reveals that there are no illegal stormwater
or surface water connections into the sanitary sewer system, ALCOSAN,
GRJSA, the Borough or any combination of authorities and/or government
shall issue to the property owner an evidence of compliance.
B.
When an illegal stormwater or surface water connection is discovered
by means of the above-referenced testing or otherwise, a notice describing
said violation and the required remediation will be sent by ALCOSAN,
GRJSA, the Borough or any combination of authorities and/or government
to the owner of the structure or premises found to be in violation.
(1)
Within 90 days of the issuance of such notice of violation, all necessary
work to correct such illegal stormwater or surface water connection
shall be commenced and completed by the owner or occupant of the premises,
weather permitting.
(2)
In the event that weather does not permit the remedial work to be
commenced and completed within 90 days or in the event that the necessary
remedial work would create severe economic hardship for the owner
or occupant of the premises, application may be made to ALCOSAN, GRJSA
and/or the Borough for one extension of time up to an additional four
months to complete said remedial work.
(3)
In the event the owner or occupant of the premises fails to complete
the necessary remedial work within the time permitted, including any
extension thereof, the Borough may undertake to have the necessary
remedial work completed at the expense of the owner or occupant of
the premises, and to make any necessary arrangements for the payment
of said work by the owner or occupant of the premises, which arrangement
shall be mutually satisfactory to the owner or occupant. In the event
satisfactory arrangements for payment are not agreed to by ALCOSAN,
GRJSA, the Borough, the Agency appointed by the Borough and the owner
or occupant, the authorities, government or agency may do any or all
of the following:
(a)
File, pursuant to 53 P.S. § 7101 et seq., a lien against
the property for the expense incurred by the authority, government
and/or agency to perform the work plus interest per annum plus a penalty
of the amount due, plus attorneys' fees and costs incurred by
the authority, government and/or agency, which lien shall remain in
effect until payment in full or sale of the property occurs;
(b)
Pursuant to the Borough Code, commence prosecution against the
property owner and/or occupant; and
(c)
Commence a civil action against the property owner and/or occupant
to recover the amount due, plus interest, plus costs, plus attorneys'
fees as permitted by law.
A.
When an illegal stormwater or surface water connection is required
to be redirected from the sanitary sewer system, the property owner
shall promptly provide and construct, at his or her own expense, a
separate sewer line to carry such discharge from the premises to a
storm sewer abutting the property or shall handle the discharge pursuant
to such other method as may be approved by the appropriate engineer
of the authority or government which will prevent the drainage from
entering onto any neighboring property without an easement from the
neighboring property owner.
B.
Whenever remedial work is required pursuant to this article, such
work shall not commence until approval has been obtained from ALCOSAN,
GRJSA and/or the Borough. In order to secure approval, the property
owner or occupant shall submit a written plan to the authority and
Borough for review and shall provide such information as the authority
and Borough Engineer may require.
C.
Submission of a remedial plan for review and approval shall be accompanied
by a fee in the amount set by ALCOSAN, GRJSA and/or resolution of
Council, which fee may be calculated to reimburse the authority and/or
Borough for the costs of the engineer's review.
D.
In reviewing and approving the plans for remedial work, the authority
and/or Borough Engineer shall require such work to be designed and
constructed in accordance with generally applicable engineering standards
and criteria and any applicable federal, state and/or local regulations.
A.
Sale or conveyance without evidence of compliance prohibited. After
the effective date of this article, it shall be unlawful for any person
to sell or convey real property within the Borough on which a building
or improvement exists without first delivering to the purchaser evidence
of compliance or temporary evidence of compliance from the Borough.
Moreover, the Borough shall no longer issue municipal no-lien letters
prior to the sale of conveyance of real property within the Borough
without there, simultaneously or prior, being issued evidence of compliance
or temporary evidence of compliance.
B.
Procedure for evidence of compliance. Any person (hereinafter "applicant")
selling or conveying real property within the Borough shall make application
for evidence of compliance on a form furnished by the Borough at least
14 days before the date of sale or conveyance with the appropriate
fee as provided for by resolution of Borough Council. The applicant
shall then have a plumber who is registered and licensed by the Allegheny
County Health Department to perform a dye test on the real property
to be sold or conveyed. Should the Borough duly appoint a plumber
to perform all dye tests within the Borough pursuant to this article,
then that plumber shall be allowed by the applicant to conduct the
dye test. The plumber shall complete the appropriate portions of the
Borough form confirming that the property has been dye tested and
certifying the results of such test. In the event that there are no
illegal stormwater or surface water connections, the Borough or its
designated representative shall issue evidence of compliance and requested
municipal no-lien letters upon application and payment of a fee as
provided by resolution of Council. If the dye test reveals the existence
of an illegal stormwater or surface water connection, neither evidence
of compliance nor municipal no-lien letters will be issued until the
illegal connections are removed and certification of such removal
by a registered licensed plumber is received.
C.
Temporary evidence of compliance; security. Temporary evidence of
compliance and municipal no-lien letters may be issued at the Borough's
sole discretion when either:
(1)
The applicant proves that the dye testing cannot be performed because
of weather conditions. In this case, the applicant shall provide the
Borough with security in the name of the Borough in an amount established
by resolution of Borough Council, to guarantee that the dye test will
be performed. The applicant will cause the dye test to be performed
within 14 days of written notification from the Borough, which will
be given at such time as weather conditions make the dye test possible.
In addition, the applicant shall provide the Borough with a signed,
written acknowledgement from the purchaser agreeing to correct, at
the purchaser's sole expense, any violations discovered as a
result of a subsequent dye test. Nothing in this subsection shall
prohibit any purchaser from requiring the applicant to reimburse the
purchaser for any costs incurred; provided, however, that primary
liability for correction of any illegal connection shall run with
the land, and no agreement between the applicant and the purchasers
shall affect the Borough's enforcement powers or excuse the current
owner from performance; or
(2)
When an illegal stormwater or surface water connection is discovered
and the necessary remedial activities to correct such connection would
require a length of time such as to create an excessive hardship for
the applicant, the applicant may forward a written request to the
Borough for temporary evidence of compliance, provided the applicant
provides the Borough with all of the following:
(a)
A bona fide executed contract between the applicant and a registered
licensed plumber to complete the necessary remedial work.
(b)
Cash security in the amount 110% of said contract, posted in
the name of the Borough.
(c)
An agreement by the purchaser to be responsible for all cost
overruns related to the remedial work, together with the written authority
to enter upon the property to complete the work in case of default
by the contractor. The Borough shall determine by resolution when
such temporary evidence of compliance shall expire, and the applicant
and the purchaser shall be advised of the expiration of the temporary
evidence of compliance. The security shall be forfeited, and the Borough
may use the security to have the necessary remedial work completed.
The Council of the Borough, agency appointed by the Borough,
GRJSA and ALCOSAN may change from time to time the fees set for service
by resolution.
Nothing in this article shall limit in any fashion the Borough's
right to enforce its rules and regulations and other ordinances or
the laws of the commonwealth. Nothing in this article shall be a defense
to any citation issued by the Borough or the commonwealth pursuant
to any other ordinance, regulation or law.
A.
Any person, firm or corporation who violates a provision of this
article, or who fails to comply therewith, or with any of the requirements
thereof, shall be, upon conviction thereof, sentenced to pay a fine
of not less than $100 nor more than $1,000 for each violation, plus
costs, and, in default of payment of said fine and costs, to imprisonment
to the extent permitted by law for the punishment of summary offenses.
B.
A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this article
found to have been violated. All fines and penalties for the violation
of this article shall be paid to the Borough.
C.
The Borough may also commence appropriate actions in equity, at law
or other to prevent, restrain, correct, enjoin, or abate violations
of this article.
This article shall not preclude ALCOSAN, GRJSA and/or the Borough
from performing area dye testing/smoke testing programs or other inspections
of the private systems for locating defective piping, which would
allow surface water or groundwater to enter the system. The Authority
and/or Borough will do so at its own expense.
