[Ord. 2009-03, 2/18/2009, § 1]
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.
The Council of the Borough of Liberty has determined that the sanitary sewer facilities of the Borough may be receiving stormwater, surface water, and other non-sanitary discharges that exceed the hydraulic capacity of the Borough's sanitary sewer system and cause or contribute to sanitary sewer overflows.
The Council of the Borough of Liberty has determined that inflows of stormwater, surface water, and other non-sanitary discharges into the sanitary sewer system result in wasteful expenditures for wastewater treatment.
The Council of the Borough of Liberty has determined that it is in the best interest of the residents of the Borough to eliminate inflows of stormwater, surface water, and other non-sanitary discharges into the Borough sanitary sewer system.
The Council of the Borough of Liberty has determined that the procedures, fees, and penalties provided by this Part are necessary to achieve the purposes of this Part.
[Ord. 2009-03, 2/18/2009, § 2]
This Part may be known and cited as the "Dye Testing Ordinance."
[Ord. 2009-03, 2/18/2009, § 3]
The following terms used in this Part shall have the following meanings:
- The Borough of Liberty, 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 Part.
- DYE TEST
- Any dye test performed by the Borough, a registered plumber, or other qualified contractor whereby dye is introduced into the water collection system of a property to determine whether basement seepage, ground water, 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, ground water, downspout drainage, roof drainage, driveway drainage, or other surface water drainage into the sanitary sewer system.
- ORDINANCE COMPLIANCE OFFICER
- Those person(s) designated by the Borough to administer and enforce all laws and ordinances of the Borough.
- 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.
- Real property located within the Borough upon which a building or improvements exists.
[Ord. 2009-03, 2/18/2009, § 4]
Illegal connections are prohibited.
[Ord. 2009-03, 2/18/2009, § 5]
Persons owning property are required to maintain all private sanitary sewer laterals and sanitary sewer service connections in good repair.
[Ord. 2009-03, 2/18/2009, § 6]
The Ordinance Compliance Officer shall immediately initiate dye testing to identify illegal connections. The Ordinance Compliance Officer is authorized to retain the services of a qualified contractor to perform the dye testing, and to cooperate with neighboring municipalities to minimize costs. Persons owning property are required to grant access to the Ordinance Compliance Officer and/or the dye testing contractor and to permit dye testing.
[Ord. 2009-03, 2/18/2009, § 7]
In the event that the Ordinance Compliance Officer identifies any illegal connections, leaking, deteriorating, or poorly constructed private sanitary sewer laterals and/or sanitary sewer service connections, the Ordinance Compliance Officer shall give written notice of same to the property owner and an order that such illegal connections be eliminated and/or that such leaking, deteriorating, or poorly constructed sanitary sewer laterals and/or service connections be, at the property owner's expense, repaired, replaced, or rehabilitated within 60 calendar days of the date of the notice and order. If the condition does not create a health hazard, the Ordinance Compliance Officer, upon request of the property owner, may once extend the sixty-day deadline to 90 calendar days from the date of the notice and order.
[Ord. 2009-03, 2/18/2009, § 8]
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 Part, 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.
[Ord. 2009-03, 2/18/2009, § 9; as amended by A.O.]
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 in the amount as established, from time to time, by resolution of Borough Council. The applicant shall have dye testing 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 issue a certificate of compliance to the applicant. In the event the dye test fails the owner must make corrections and retest the property to ensure compliance with Borough ordinances.
If a certificate of compliance for the property has been issued within the five 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 in the amount as established, from time to time, by resolution of Borough Council.
[Ord. 2009-03, 2/18/2009, § 10; as amended by A.O.]
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 applicant, applicant may apply to the Ordinance Compliance Officer for a temporary certificate of compliance, which may only be issued when applicant provides the Borough with all of the following:
Written explanation of the practical hardship.
Cash security in the amount as established, from time to time, by resolution of Borough Council.
An executed agreement by the purchaser/transferee accepting responsibility for all costs in excess of the cash security.
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.
The Ordinance Compliance Officer shall determine in good faith based upon all the circumstances when such temporary certificate shall expire, and shall advise 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.
[Ord. 2009-03, 2/18/2009, § 11]
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 for the lien letter fee.
[Ord. 2009-03, 2/18/2009, § 12]
The fees set forth in this Part may be changed from time to time by resolution of the Borough Council.
[Ord. 2009-03, 2/18/2009, § 13]
Nothing in this Part shall limit in any fashion whatsoever the Borough's right to enforce its Ordinances or the laws of the commonwealth. Nothing in this Part shall be a defense to any citation issued by any municipal corporation or the commonwealth pursuant to any law or ordinance.
[Ord. 2009-03, 2/18/2009, § 14; as amended by A.O.]
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 Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay 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 90 days. Once a person is notified of a violation of this Part, 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 Part.