[Ord. 2009-03, 2/18/2009, § 1]
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.
2.
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.
3.
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.
4.
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.
5.
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.
A written letter from the Borough certifying that the property
is free from municipal liens and unpaid municipal taxes.
An official writing issued by the Borough that dye testing
has determined that there are no illegal connections in violation
of this Part.
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.
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.
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.
A statement issued by the Borough pursuant to § 18-410 of this Part.
[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.]
1.
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.
2.
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.]
1.
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:
A.
Written explanation of the practical hardship.
B.
Cash security in the amount as established, from time to time, by
resolution of Borough Council.
C.
An executed agreement by the purchaser/transferee accepting responsibility
for all costs in excess of the cash security.
D.
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.
E.
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.
