[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:
BOROUGH
The Borough of Millvale.
DYE TEST
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.
EVIDENCE OF COMPLIANCE
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.
ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
The discharge of stormwater or surface water by the connection of downspouts, roof drainage or surface drainage into the sanitary sewer system.
MUNICIPAL NO-LIEN LETTER
A written letter from the Borough concerning municipal liens.
PERSON
Any person, association, partnership, firm, corporation, institution, agency, authority, or other entity recognized by law as the subject of rights and duties.
SANITARY SEWER SYSTEM
The sanitary sewer system within the Borough.
TEMPORARY DOCUMENTS OF CERTIFICATION
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.