[Ord. 678, 4/9/1997, § 1]
From and after the effective date of this Part, no person, firm,
corporation, property owner, developer, contractor, resident or tenant
shall connect to the sanitary or combined sewers of the Borough of
Ben Avon any rain leader, down spout, gutter, parking lot drain, driveway
drain, interior or exterior sump or other device capable of carrying
surface water, rain or stormwater into the sanitary or combined sewers
of the Borough.
[Ord. 678, 4/9/1997, § 2; as amended by Ord. 902,
3/17/1999, § 7]
From and after the effective date of this Part, all real property owners in the Borough of Ben Avon shall, prior to the closing of the sale of the real property, procure, on a form to be supplied by the Borough, the certification of the Borough or an inspection service appointed by the Borough, that a dye test has been performed on any rain leader, down spout, gutter, parking lot drain, driveway drain, interior or exterior sump or other device capable of carrying surface water, rain or stormwater into the sanitary or combined sewers of the Borough, found on the real property to be sold and that there are no connections to the sanitary or combined sewer system of the Borough of Ben Avon which are prohibited under § 18-401 of this Part. The sellers of all real property situate in the Borough shall deliver to the buyers thereof, at time of closing, a copy of the certification. The original certification shall be filed with and maintained by the Borough.
[Ord. 678, 4/9/1997, § 3; as amended by Ord. 902,
3/17/1999, § 7]
The filing of the certification with the Borough shall be a
condition precedent to the issuance by the Borough and its agents
and employees of any municipal lien certification requested for a
real estate closing.
[Ord. 678, 4/9/1997, § 4; as amended by Ord. 902,
3/17/1999, § 7]
1.
In the event that the dye test performed by the Borough or an inspection
service appointed by the Borough reveals a connection of a rain leader,
down spout, gutter, parking lot drain, driveway drain, interior or
exterior sump or other device capable of carrying surface water, rain
or stormwater into the Borough's sanitary or combined sewer system,
the owner of the property shall forthwith cause such illegal connection
to be disconnected from the sanitary or combined sewer system of the
Borough and shall connect such discharge:
A.
To the storm sewer of the Borough, if, in the opinion of the Borough
Engineer, such connection is reasonably feasible.
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.
If neither paragraph .A nor .B is feasible in the opinion of the
Borough Engineer, then to a dry sump located wholly on the property
constructed so that water discharged to the sump does not run onto
adjacent property.
[Ord. 678, 4/9/1997, § 5; 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. 678, 4/9/1997, § 6; as amended by Ord. 902,
3/17/1999, § 7]
As to any person, firm or corporation who sells real property
within the Borough after the effective date of this Part, who neglects
or refuses to obtain a dye certification by the Borough or an inspection
service appointed by the Borough prior to closing, every calendar
day after closing shall constitute a separate violation of this Part.
[Ord. 678, 4/9/1997, § 7]
1.
Any person, firm or corporation who shall purchase real property situate within the Borough of Ben Avon and who shall neglect or fail to require the seller to deliver the dye certification required by this Part shall, upon notice by the Borough of such failure, obtain the certification required by § 18-402 herein and deliver such certification to the Borough.
2.
Should the dye test reveal a connection to the sanitary or combined sewer system of the Borough prohibited in § 18-401 hereof, then the person, firm or corporation having purchased the real property without the dye test certification at closing shall thereafter comply with the terms of this Part forthwith.
