[Adopted 1-3-2000 by Ord. No. 2000-1 (Ch. XVIII, Part 4,
of the 1976 Code of Ordinances)]
The Pennsylvania Department of Environmental Protection has
directed that all municipalities take those steps necessary and proper
to eliminate improper water infiltration into their sanitary sewer
systems. In that regard, the Council of Burgettstown Borough finds
that excessive stormwater and/or surface waters may be illegally routed
into the sanitary sewer systems owned and operated by the Burgettstown-Smith
Township Joint Sewerage Authority, thus requiring increased and unnecessary
treatment capacity and activity and thus curtailing the availability
of tap-ins and treatment to other users who need sanitary sewage treatment.
The Council of Burgettstown Borough finds that the procedures, fees
and penalties provided for herein are necessary to achieve the purposes
of this article. The Council does hereby designate the Burgettstown-Smith
Township Joint Sewerage Authority to administer and enforce this article.
This article may be known and cited as the "Smoke and Dye Test
Ordinance."
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
Burgettstown-Smith Township Joint Sewerage Authority.
Burgettstown Borough.
Burgettstown Borough ordinances, as the same may be from
time to time amended.
An official statement from the Authority stating that there
are no illegal stormwater or surface water connections into the sanitary
sewer connections on the property to be sold which violate any section
of this article.
The discharge of basement seepage or groundwater or the connection
of downspouts, roof drainage or surface or areaway drainage into the
sanitary sewer system.
A written letter from the Borough concerning municipal liens
and property taxes.
Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
A temporary statement of certification from the Authority issued pursuant to the terms of § 423-27 of this article.
After the effective date of this article, it shall be unlawful
for any person to sell or purchase real estate within the Borough
on which a building or improvement exists that is connected to an
Authority sewer line without first delivering to the purchaser a document
of certification or a temporary document of certification issued by
the Authority.
A.
Any person selling real estate located as defined in § 423-23 of this article that is located within the Borough (hereinafter referred to as "applicant") shall make application on a form furnished by the Authority at least 21 days before the date of closing the sale. The applicant shall then cause to have performed a dye test or other tests deemed appropriate by the Authority on the property to be sold. All tests shall be performed by an inspector approved by the Authority (hereinafter referred to as "inspector").
B.
The inspection fee shall be in an amount set by resolution of the
Authority. The inspection fee shall be paid to the Authority at the
time of making the application referred to in this article.
C.
Such inspector shall complete the appropriate portions on the form and certify that the property has been tested and certify the results of such test. In the event there are no illegal stormwater or surface water connections, the Authority shall issue a document of certification upon payment of such fee as set by resolution of the Authority. When an illegal stormwater or surface water connection is discovered by means of the above-mentioned tests, no document of certification will be issued until the illegal connections are removed and certification of such removal by an inspector is received. An additional inspection fee shall be paid by the applicant for each inspection subsequent to the first inspection referred to in Subsection A of this section.
D.
The Council hereby authorizes the Burgettstown-Smith Township Joint
Sewerage Authority and/or its employees to enter upon private property
at all reasonable times for the purpose of conducting inspections
and investigations to assure compliance with the rules and regulations
of the Authority and this article.
A document of certification shall be valid for a period of one
year from the date of issuance. Real estate may be sold during the
one-year effective life of such document without further testing or
certification.
A document of certification shall not be required in the following
instances:
A.
When property is refinanced but no conveyance takes place.
B.
Individual apartment-type units within a single condominium building
may be sold without individual certification, provided that the building
in which the units are located has been certified no longer than one
year previous to the date of the sale of the individual condominium
unit.
C.
When the real estate is such that tap-in to the sanitary sewer system
is not required by law or ordinance.
A temporary document of certification may be issued by the Authority,
at its sole discretion, when either:
A.
The applicant proves that weather conditions or other circumstances
would pose an undue hardship. In that event, the applicant shall provide
a signed, written acknowledgment from the purchaser agreeing to correct,
at purchaser's sole cost and expense, any violations that may
be discovered as a result of subsequent tests. Nothing in this subsection
shall prohibit any purchaser from requiring the applicant to reimburse
purchaser for any costs incurred; provided, however, that primary
liability shall run with the land and no such agreement shall affect
the Authority's enforcement powers or excuse the current owner
from compliance with this article; or
B.
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 a practical hardship for
the applicant, the applicant may apply to the Authority for a temporary
document of certification which may only be issued when the applicant
provides the Authority with all the following:
(1)
A bona fide, executed contract between the applicant and a contractor
to complete the necessary remedial work, with the Authority listed
therein as a third-party beneficiary.
(2)
Cash security in the amount of said contract is posted with the Authority.
(3)
A written agreement by the purchaser to be responsible for all cost
overruns and extras related to the remedial work, together with a
written license to enter upon the property to complete work in case
of default of the contractor referred to above. The Authority's
manager or other individual authorized by the Authority's Board
of Directors shall determine when such temporary document of certification
shall expire. Upon expiration, the security shall be forfeited, and
the Authority may use the security to have the necessary remedial
work completed.
The Authority is hereby empowered to undertake the duties imposed
by this article, including but not limited to:
The Authority may, by resolution, change from time to time the
fees authorized in this article.
Nothing in this article shall limit in any fashion whatsoever
the Authority's or 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 other law or ordinance.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not less than
$100 and not more than $600, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this article in equity in the
Court of Common Pleas of Washington County.
