[Ord. 304, 9/14/2015, Art. I]
The above recitals[1] shall form a part of this Part as though the same were
set forth herein at length.
[1]
Editor's Note: The recitals of Ord. 304, 9/14/2015, are as
follows:
"The Borough of Dublin hereby ordains:
"WHEREAS, Dublin Borough ("Dublin" or "Borough") has constructed
a sanitary sewer collector system for the use and benefit of the residents
of the Borough; and
"WHEREAS, Dublin has adopted restrictions on groundwater and
storm water being introduced into the Borough's sanitary sewer system;
and
"WHEREAS, Dublin's engineer has provided information that
excessive storm water inflow exists within parts of the sanitary sewer
system (the "system"); and
"WHEREAS, Dublin concludes that a substantial amount of the
storm water inflow which exists in the system is caused by the advanced
age and poor condition of the private sewer service laterals connected
to the system; and
"WHEREAS, Dublin is a party to a Consent Order with the Pennsylvania
Department of Environmental Protection ("PA DEP") requiring Dublin
to reduce the excessive inflow and infiltration in the system; and
"WHEREAS, Dublin represented to the PA DEP in the Consent
Order that the Borough would maintain a program to continue to reduce
the storm water inflow and infiltration within the sanitary sewer
system; and
"WHEREAS, Dublin Borough concludes that the storm water inflow
will continue to cause excessive sanitary sewer flows which may create
and continue to create a direct danger to the health, safety, and
welfare of the Borough residents; and
"WHEREAS, the Borough concludes that the excessive storm water
inflow which has existed, and continues to exist has resulted in,
and will continue to result in increased costs for treatment and maintenance
of the system; and
"WHEREAS, the Borough is charged and obligated to enforce
its Ordinances and to protect the health, safety, and welfare of its
residents; and
"WHEREAS, the Borough concludes that it is in the best interest
of the residents of the Borough to enact a comprehensive and systematic
compliance and enforcement procedure to govern the conduct of all
users of the system and to require maintenance of the private sewer
service laterals connected to the system; and
"NOW, THEREFORE, BE IT ENACTED, by the Borough of Dublin Council:"
[Ord. 304, 9/14/2015, Art. II]
1.
BOROUGH
COMPLIANCE
COUNCIL
EMPLOYEES
LARGE SCALE PRIVATE SEWER SYSTEM
NOTICE
PRIVATE SEWER SERVICE LATERAL
SUMP PUMP
SYSTEM
TRANSFER
USER
Unless the context specifically indicates otherwise, the meaning
of terms used in this Part shall be as follows:
The Borough of Dublin.
Whenever necessary, mean compliance with the provisions of
the ordinance set forth herein, and any amendments thereto, as well
as Dublin Borough Code, this chapter and all rules, regulations, and
resolutions of Dublin Borough.
The Dublin Borough Council.
Whenever necessary, mean and include such employees and designated
representative or officials of the Borough of Dublin as the Borough
shall, from time to time, designate and utilize in the making of the
inspection and/or tests hereafter described in carrying out the duties
as prescribed herein to be performed on behalf of the Borough.
A sanitary sewer collection system that includes a piping
network consisting of mainline sewers, manholes, cleanouts, and laterals
that are located on private properties and service multiple residential
and nonresidential connections. These systems are privately owned
and maintained and ultimately connect to the Dublin Borough system.
Advising when inspections and tests of the system should
be performed by the Borough.
The sewer pipe extending from a building to the legal right-of-way
or edge of public sanitary sewer easement.
Any pump connected to the private sewer service lateral,
or to any lateral connected to the private sewer service lateral that
is being used to pump ground/storm water into the sanitary sewer system.
All facilities for collecting, pumping, and disposing of
sanitary sewage, which are owned by the Dublin Borough within the
sanitary sewer service area of the Borough of Dublin.
The transfer of title to real estate when sale or gift is
intended and excluding transfers that occur for the following reasons:
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(1)
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Conversion. A change in an entity's form or organization, place
of organization or name.
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(2)
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Financing Transaction. When realty is transferred by the debtor
solely for the purpose of serving as security for the payment of a
debt; or when no sale or debt is intended.
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(3)
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Living trust is established.
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(4)
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Confirmatory deeds.
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The owner, lessee, or occupant of the property on which the
buildings and/or appurtenances that are connected to the system are
located.
2.
Throughout this Part, references to the singular shall include the
plural, and vice versa, wherever required by the context.
[Ord. 304, 9/14/2015, Art. III]
1.
The seller of any property (residential or nonresidential) located
in the Borough, which is connected to the system shall be required
to retain the services of a master plumber or utility contractor for
the purposes of conducting an inspection of the property to ensure
compliance with the provisions of this Part and Borough Code, this
chapter; as well as the Borough's rules, regulations, and resolutions.
Said inspections shall include a certification attesting to the condition
or the sanitary sewer lateral which will also include a video inspection
of the sanitary sewer lateral from the structure to the connection
to the system to ensure compliance.
2.
Should the lateral, be found to be defective, based upon the Borough's
rules, regulations, and resolutions and/or sound engineering practice,
the lateral pipe shall be replaced or repaired. In the sole discretion
of the Borough, limited permission for spot and/or minor repairs and
maintenance may be granted. The pipe replacement/spot repair shall
be performed by a master plumber or utility contractor in accordance
Borough Code, this chapter requirements; as well as the Borough's
rules, regulations, and resolutions.
3.
In the event that any transfer of title occurs without an inspection
having being conducted and without the seller obtaining a certified
report, the buyer or purchaser of the property shall be responsible
for having the aforementioned inspection conducted and for the submission
of the certified result to the Borough within 30 calendar days from
receipt of notice issued by the Borough.
4.
This section shall not apply to transfer of newly constructed properties
or large scale private sewer systems.
5.
The Borough upon payment of any application and inspection fee and upon the Borough's receipt and approval of the certification set forth in Subsection 1 above, including a copy of the televised video inspection, the certification specifically certifying that there is no inflow and/or infiltration into the private sewer service lateral, nor any illegal connections and that the clean-out vent is capped and not damaged; the Borough shall issue a private sewer service lateral inspection permit to the seller who shall deliver said permit to the buyer or purchaser of the property at the time of the sale or conveyance.
6.
The property owner shall permit the designated employees or agents
of the Borough access during reasonable hours of the day to all parts
of the property to make necessary inspections and observations.
7.
The requirements of this section shall not apply to properties within
the Borough that have had a documented sanitary sewer lateral inspection
performed within a five-year time period preceding the date of the
impending transfer of title to the property.
[Ord. 304, 9/14/2015, Art. IV]
1.
All users of the system shall upon notice from the Borough that it
intends to perform inspections of the sanitary sewer system in their
area shall make an appointment, within 30 days of being notified,
with the Borough to allow the user's private sewer service lateral
to be inspected in accordance with the terms and conditions of the
ordinances of the Borough and the standard specifications governing
connection to and use of the sanitary sewage collection system of
the Borough including, but not limited to, the requirements as set
forth herein; Dublin Borough Code, this chapter; as well as the rules,
regulations, and resolutions of the Borough.
2.
If upon completion of an inspection the lateral is found to be defective,
based upon the Borough's rules, specifications, regulations, and resolutions
and/or sound engineering practice, the lateral pipe shall be replaced.
In the sole discretion of the Borough, limited permission for spot
and/or minor repairs and maintenance may be granted. The pipe replacement/spot
repair shall be performed at the property owner's expense by a master
plumber or utility contractor in accordance with Borough Code, this
chapter; as well as the rules, regulations, and resolutions of the
Borough.
3.
The purpose of the inspection required by this Part is to locate
any inflow and infiltration into the private sewer service lateral;
to make sure that there are not any holes or damage in or to the private
sewer service lateral; to verify that all clean-outs and/or vents
are properly capped and not damaged; and to identify any clay or older
private sewer service laterals.
4.
The Borough shall not charge the User for the inspection required
by this section.
5.
The property owner shall permit the designated employees or agents
of the Borough access during reasonable hours of the day to all parts
of the property to make necessary inspections and observations.
6.
The condition of large scale private sewer systems shall be monitored
by the Borough on a periodic basis as part of the Borough's ongoing
inflow and infiltration reduction program. Should the Borough determine
that excessive inflow and/or infiltration is present through such
monitoring, the Borough by its designated employee shall provide written
notice to the owner of the large scale private sewer system, advising
that further investigation and corrective measures are to be performed
by the system owner, in a manner acceptable to the Borough, which
shall be required to comply with the applicable provisions set forth
herein; Dublin Borough Code, this chapter; as well as the rules, regulations,
and resolutions of the Borough, within 60 days of the date of the
notice.
[Ord. 304, 9/14/2015, Art. V]
At all times, it shall be the responsibility of the user to
maintain, repair, and replace all the clean-outs along his/her private
sewer service lateral, including the clean-out at the right-of-way
or edge of public sanitary sewer easement.
[Ord. 304, 9/14/2015, Art. VI]
1.
In the event a user refuses to comply with any of the terms or conditions of §§ 18-503 through 18-505, above, a surcharge in an amount as provided for in the Borough's consolidated fee schedule, as amended from time to time, shall be imposed per month in addition to all other charges authorized and imposed under any applicable resolutions of the Borough commencing at the next billing period following the date of such failure to comply. Should a user continue to refuse to comply for a period of 60 days after the final notice of noncompliance, the surcharge shall be increased to an amount as provided for in the Borough's consolidated fee schedule, as amended from time to time, per month.
2.
In the event a user complies with the inspection requirements of §§ 18-503 through 18-504, above, and the Borough determines that the buildings and/or appurtenances of said User are not in compliance, then and in such event, the Borough by its designated employee shall provide written notice to the user, who shall be required to commence compliance with the applicable provisions set forth herein; Dublin Borough Code, this chapter; as well as the rules, regulations, and resolutions of the Borough, within 45 days of the date of the notice.
3.
In the event that the building and/or appurtenances of the user is still determined not to be in compliance with the ordinance set forth herein, and any amendments thereto; Dublin Borough Code, this chapter; or the rules, regulations, and resolutions of the Borough, and the time period for the commencement of corrective work expires, and the user refuses or fails to bring the buildings and/or appurtenances in compliance with the ordinance, a surcharge in an amount as provided for in the Borough's consolidated fee schedule, as amended from time to time, as per Subsection 1 per billing account for such user shall be imposed per month, in addition to all other charges authorized and imposed under any applicable resolutions of the Borough commencing at the next billing period following the date of the inspection or testing by the Borough or such noncompliance was determined, for permitting such violation to continue to exist.
4.
The surcharge referred to herein shall be removed only upon the following
conditions:
A.
The user utilizing the system executes a grant of inspection to the
Borough; and,
B.
The Borough or its authorized agents inspects and/or performs tests
on the building and/or appurtenances connected to the system and determines
that the buildings and/or appurtenances connected to the system are
compliant; or,
C.
Under any of these conditions, surcharges will continue to be billed
to the user until the date when the buildings and/or appurtenances
in question are determined to be in compliance.
5.
In the event a user is found to be in compliance and subsequent inspections and/or tests determine that noncompliance now exists, the terms and provisions of this section, shall be applicable, except that in addition to the surcharge being charged in accordance with Subsection 3, if any, the user shall also be liable for the payment of a sum equal to the number of the months since the original determination of compliance was made, multiplied by the monthly surcharge amount provided for in Subsection 3, for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. A noncompliance re-occurs when a reconnection of a sump pump or other prohibited connection is discovered with the performance of a subsequent inspection.
6.
Provided, however, the surcharges provided for in Ord. 248 [Part
4] shall not be cumulative and the higher of the two surcharges shall
be charged.
[Ord. 304, 9/14/2015, Art. VII]
In the event a user is found to be in a state of noncompliance of a second or subsequent time, then the user shall be liable for the payment of a sum equal to $1,000 per day, plus an amount equal to the sum of the months since the original noncompliance was corrected (and if never corrected, from the date of such noncompliance determination), multiplied by the monthly surcharge amount provided for in § 18-506, Subsection 1 or 3, for knowingly, willfully, and/or intentionally permitting such violation to commence and continue.
[Ord. 304, 9/14/2015, Art. VIII]
In the event that the owner of a large scale private sewer system does not comply with the requirements contained within § 18-504, Subsection 6, herein, the owner shall be subject to a penalty in the amount of $1,000 per day from the date of noncompliance for knowingly, willfully, and/or intentionally permitting such violation to commence and continue. The Borough may extend the deadline for achieving compliance if the owner can demonstrate satisfactory efforts are being made to achieve said compliance, at the sole discretion of the Borough.
[Ord. 304, 9/14/2015, Art. IX]
The Borough shall have full power and authority to invoke any
legal, equitable, or special remedy for the enforcement of this Part.
[Ord. 304, 9/14/2015, Art. X]
This Part shall be deemed supplemental to all other ordinances
and provisions thereof for enforcement and compliance purposes, and
shall not be deemed to amend or rescind said other ordinances and
provisions; further that any fines, fees, charges, or penalties levied
or imposed pursuant to this Part shall be in addition to any fines,
fees, charges, or penalties levied or imposed pursuant to all other
ordinances and provisions thereof, unless otherwise noted herein.
