[Ord. 902, 3/17/1999, § 1]
From and after the effective date of this Part, no person, firm, corporation, property owner, lessee, occupier, developer or contractor shall connect, or cause or permit to be connected, to the sanitary sewers of the Borough of Ben Avon any rain leader, down spout, gutter, parking lot drain, driveway drain, interior or exterior sump, french drain, swimming pool drain, spring or other source or device capable of carrying surface water, rain, stormwater or ground water into the sanitary sewers of the Borough.
[Ord. 902, 3/17/1999, § 2]
1. 
From and after the effective date of this Part, no person, firm, corporation, real property owner, lessee, occupier, developer or contractor shall cause or permit discharge of surface water, rain, stormwater or ground water into the sanitary sewers of the Borough.
2. 
From and after the effective date of this Part, it shall be the affirmative duty of every real property owner to repair and maintain in water-tight condition all sanitary sewer laterals from private structures located upon the owner's real property to the public sanitary sewer located in the Borough's right-of-way.
[Ord. 902, 3/17/1999, § 3]
1. 
The proper officers, employees and agents of the Borough, as appointed or hired by Council from time to time, are hereby authorized and directed to conduct periodic smoke and/or dye tests and such other appropriate inspections, at public cost, of all existing structures located in Ben Avon Borough, and all structures located in adjacent municipalities with whom the Borough has a reciprocal inspection agreement and whose sewer drains are known or reasonably suspected to be connected to Ben Avon's sanitary sewers. Upon prior written notice to the owner and occupant, such appropriate other inspections may include an inspection and dye testing of plumbing fixtures and traps inside any structure located in the Borough.
2. 
The purpose of the inspections shall be to determine that the structure is in compliance with this Part and all regulations promulgated hereunder, and all other ordinances, laws and regulations pertaining to sewer systems and structures.
3. 
The Borough, or its agents, shall give at least seven days' written notice of the inspection program and of the approximate date of the inspections to be conducted.
4. 
All inspections shall be performed between the hours of 8:00 a.m., local time, and 5:00 p.m. local time, unless the owner or occupant of the structure requests another time for the convenience of the owner or occupant.
[Ord. 902, 3/17/1999, § 4]
Every owner, lessee or occupier of land within Ben Avon Borough shall submit to smoke and/or dye testing under this Part.
[Ord. 902, 3/17/1999, § 5]
1. 
When illegal stormwater or surface water connections or conditions have been discovered, all necessary remedial work to correct such illegal connection shall be completed by the owner, lessee or occupier of the premises, weather permitting, within 180 days of the date the party receives notification of the illegal connection or condition. Notice shall be by regular mail, postage prepaid, addressed to the party at the property or at such other address for the party maintained in the Borough records. Notice shall be deemed to have been received seven days after mailing, unless returned by the Post Office.
2. 
When the weather shall not reasonably permit start or completion of the remediation within 180 days of notice of the violation, the Borough may extend the time for start or completion of the work provided that the owner, lessee or occupier of the premises submits to the Borough: (A) a written contract to complete the work from a licensed master plumber, (B) good funds payable to the Borough in a sum equal to 110% of the cost of the work called for in the contract, to be held by the Borough as security for prompt and complete remediation once the weather permits; and (C) a written license, on a form prepared by the Borough, permitting the Borough or its authorized agents and employees to enter upon the premises to complete the work if the owner, lessee or occupier fails to do so after reasonable notice.
3. 
In the event that the necessary remedial work would create a severe economic hardship for the owner, lessee or occupier of the premises, application may be made to the Borough for an extension of up to an additional six months to complete said remedial work. A severe economic hardship shall occur when any person responsible for compliance with this Part as to the particular premises has a level of income considered to be "low-moderate" under federal guidelines.
4. 
In the event that the owner, lessee or occupier of the premises is unable to effect the necessary remedial work within the time permitted, including any extension, the Borough may undertake to have the remedial work completed at the expense of the owner, lessee or occupier of the premises, and to make the necessary arrangements for the payment of the cost of such work by the owner, lessee or occupier of the premises upon an installment basis mutually satisfactory to the Borough and the owner, lessee or occupier of the premises. Under such circumstances, the Borough may file a lien against such property pursuant to the Pennsylvania Municipal Claims Act, which lien shall remain in effect until payment in full.
[Ord. 902, 3/17/1999, § 6; as amended by Ord. 691, 3/15/2000, § 1]
1. 
Acceptable remediation of an illegal connection to the Borough's sanitary sewer system under this Part shall mean that the illegal connection is to be disconnected from the sanitary sewer system of the Borough, and removed, and access to the sewer at that location capped or sealed; and such source shall be discharged: (A) to the storm sewer of the Borough, if, in the opinion of the Borough engineer, such connection is reasonably feasible; or (B) to the curb drain in the public streets of the Borough, if, in the opinion of the Borough Engineer, such connection is feasible; (C) to a surface outlet wholly upon the subject property; or (D) if none of (A), (B) or (C) is feasible in the opinion of the Borough Engineer, then to a dry sump located wholly on the property. Such remediation shall be constructed in accordance with specifications prepared by the Borough Engineer.
2. 
Prior to beginning remediation of an illegal connection, the owner, lessee or occupant shall prepare and file with the Borough a written plan documenting to the satisfaction of the Borough the proposed remediation including: (A) a measurement of the surface area drained by each outlet to be remedied; (B) a list of materials to be used; and (C) the disposition of the water for each outlet. The plan shall be subject to review and approval by the Borough prior to the commencement of any remedial work. Upon plan approval, the Borough shall certify the approval upon the plans. A copy of the approved plans shall be kept on file with the Borough. Upon rejection of the plans, the Borough shall return the plans to the applicant and shall state the reason(s) for the rejection.
3. 
Prior to covering any work to remediate an illegal connection under this Part, the owner, lessee or occupant shall submit the site to inspection by the Borough, or its authorized agent, appointed for that purpose, or by any plumber licensed by the Allegheny County Health Department. The Borough shall have the right to reject any work which does not conform to an approved plan, the Borough's specifications or this Part. Rejected work shall be promptly removed by the owner, lessee or occupant and promptly replaced by conforming work.
4. 
In no event is water to be discharged upon or across public or private sidewalks or discharged onto adjacent property.
5. 
Upon completion of smoke or dye testing, and remediation of any illegal connections in accordance with an approved plan filed with the Borough, the Borough shall issue a certificate of compliance as to that property.
[Ord. 902, 3/17/1999, § 7; as amended by Ord. 691, 3/15/2000, § 2]
Any remediation of an illegal connection shall be completed in the manner set forth herein, including a filed plan, inspection by the Borough, its agent or a licensed plumber, and issuance of a final compliance certificate. The owner of real estate subject to a presale inspection shall pay for the cost of the inspection. The issuance of a presale certificate by the Borough shall be a condition precedent to the issuance of a lien or tax certificate by the Borough. A certificate issued under § 18-405, Subsection 5, of this Part, or a presale certificate issued under this section, shall be valid in lieu of a presale inspection for a period of one year after issue.
[Ord. 902, 3/17/1999, § 8; as amended by Ord. 752, 1/17/2012]
Any person, firm or corporation who shall fail; neglect or refuse to comply with, or who shall otherwise violate the provisions of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 902, 3/17/1999, § 9]
Every calendar day after the owner, lessee or occupier of premises has received written notice of the violation shall constitute a separate violation of this Part.