[Adopted 3-10-2008 by Ord. No. 1200]
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 Council of the Borough of Homestead 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 Council of the Borough of Homestead 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 Council of the Borough of Homestead 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 Council of the Borough of Homestead 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:
- BOROUGH
- The Borough of Homestead, Allegheny County, Pennsylvania.
- BOROUGH LIEN LETTER
- A written letter from the Borough certifying that the property is free from municipal liens and unpaid municipal taxes.
- CERTIFICATE OF COMPLIANCE
- An official writing issued by the Borough that dye testing has determined that there are no illegal connections in violation of this article.
- DYE TEST
- Any dye test performed by a registered plumber whereby dye is introduced into the water collection system of a property to determine whether basement seepage, groundwater, downspout drainage, roof drainage, driveway drainage, or other surface water drainage is entering the sanitary sewer system.
- ILLEGAL CONNECTIONS
- 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.
- ORDINANCE COMPLIANCE OFFICERS
- Those persons designated by the Borough to administer and enforce all laws and ordinances of the Borough.
- PERSON
- 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.
- PROPERTY
- Real property located within the Borough upon which a building or improvements exist.
- TEMPORARY CERTIFICATE OF COMPLIANCE
- A statement issued by the Borough pursuant to § 212-44 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.
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) a
refinancing where the holder of title remains unchanged, or b) a transfer
of title by operation of law following the death of the owner.
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
and pay the Borough a fee of $50.
B.
The applicant must have the dye testing performed by a registered plumber, who shall certify the dye testing results to the Borough. If the dye testing identifies illegal connections, then the Borough shall notify the applicant pursuant to § 212-44 of this article. If the dye testing identifies no illegal connections, then the Borough shall issue a certificate of compliance to the applicant.
C.
If a certificate of compliance for the property has been issued within
the 10 years preceding the date of the application, the Ordinance
Compliance Officer may waive the dye testing requirement if the Ordinance
Compliance Officer inspects the property and finds no evidence of
illegal connections. In this event, the Ordinance Compliance Officer
may issue a certificate of compliance upon payment of a fee to the
Borough of $20.
A.
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:
(1)
Written explanation of the practical hardship;
(2)
Cash security in the amount of $1,000;
(3)
An executed agreement by the purchaser/transferee accepting responsibility
for all costs in excess of the cash security; and
(4)
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.
B.
The Ordinance Compliance Officer shall determine in good faith based
upon all the circumstances when such temporary certificate shall expire
and shall advise the 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 return the cash security to the
applicant or to his/her designee.
A request for lien letter must be accompanied by a valid certificate
of compliance and the 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. Upon the request of a property owner or
his/her agent, and subject to time availability as determined by the
Borough in good faith based upon all the circumstances, the Borough
may issue an expedited Borough lien letter on two business days'
notice upon the payment of an expediting fee of $15 in addition to
the lien letter fee.
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 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 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.
