[Adopted 8-7-2017 by Ord.
No. 2017-3]
A.
BOROUGH
COUNCIL
COMPLIANCE
EMPLOYEES
NOTICE
PRIVATE SEWER SERVICE LATERAL
SYSTEM
SUMP PUMP
TRANSFER
(1)
(2)
(3)
(4)
USER
Unless
the context specifically indicates otherwise, the meanings of the
terms used in this article shall be as follows:
The Borough of Penndel.
The Borough Council of the Borough of Penndel.
Compliance with the provisions of this article as set forth herein, and any amendments thereto; the Borough Code of the Borough of Penndel, including, but not limited to, Chapter 322, Sewers; all rules, regulations, and resolutions of any applicable municipal authority and the Pennsylvania Department of Environmental Protection; sound engineering practice; and the standard specifications governing connection to and use of sanitary sewer collection systems.
Such employees, agents, and designated representative or
officials of the Borough of Penndel, 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.
Advisements of inspections and tests of the system to be
performed by the Borough.
The sewer pipe extending from a building to the curbline
or cartway.
All facilities for collecting, pumping, and disposing of
sanitary sewage, which are owned by the Borough.
Shall mean 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/stormwater into the sanitary sewer
system.
The transfer of title to real estate when sale or gift is
intended, and excluding transfers that occur for the following reasons:
Conversion: a change in an entity's form or organization, place
of organization, or name;
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;
Living trust is established.
Confirmatory deeds.
The owner, lessee, or occupant of the property on which the
buildings and/or appurtenances that are connected to the system are
located.
B.
Throughout this article, references to the singular shall include
the plural, and vice versa, wherever required by the context.
A.
The seller of any property (residential or commercial) 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 article. Said inspections shall
also require a video inspection of the private sewer service lateral
from the building to the connection to the system to ensure compliance.
B.
Should the private sewer service lateral be found not be in compliance,
the lateral pipe shall be replaced or realigned by the property owner
and brought into compliance. In the sole discretion of the Borough,
limited permission for spot and/or minor repairs and maintenance may
be granted. The pipe replacement/realigning/spot repair shall be performed
by a master plumber or utility contractor.
C.
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.
D.
This section shall not apply to the initial transfer of a newly constructed
building involving a new private sewer service lateral connection.
E.
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 A 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 cleanout vent is .capped and not damaged, 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.
F.
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Borough shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Borough to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Borough and property owner, the Borough may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
G.
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.
A.
All users of the system shall, upon notice from the Borough that
it intends to replace or repair a sewer conveyance line to which the
user's private sewer service lateral is connected, 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 set forth herein to determine compliance.
B.
If upon completion of an inspection the private sewer service lateral
is found not to be in compliance, the lateral pipe shall be replaced
or realigned and brought into compliance by the property owner. At
the sole discretion of the Borough, limited permission for spot and/or
minor repairs and maintenance may be granted. The pipe replacement/realigning/spot
repair shall be performed by a master plumber or utility contractor.
C.
The purpose of the inspection required by this article is to locate
any inflow and infiltration into the private sewer service lateral;
to make sure that there are no holes or damage in or to the private
sewer service lateral; to verify that all cleanouts and/or vents are
properly capped and not damaged; and to identify any clay or older
private sewer service laterals.
E.
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Borough shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Borough to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Borough and property owner, the Borough may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
F.
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.
A.
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, make an appointment, within 30 days of being notified,
with the Borough to allow the user' s private sewer service lateral
to be inspected to determine compliance.
B.
If upon completion of an inspection the private sewer service lateral
is found not to be in compliance, the lateral pipe shall be replaced
or realigned by the property owner and brought into compliance. In
the sole discretion of the Borough, limited permission for spot and/or
minor repairs and maintenance may be granted. The pipe replacement/realigning/spot
repair shall be performed by a master plumber or utility contractor.
C.
The purpose of the inspection required by this article 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 cleanouts and/or vents are
properly capped and not damaged; and to identify any clay or older
private sewer service laterals.
E.
In the event that the property owner fails to replace the private sewer service lateral as required by Subsection B above, the Borough shall be authorized as permitted by law to go onto the property and replace the private sewer service lateral and charge the property owner for the cost and expenses incurred by the Borough to replace the private sewer service lateral. In the event that satisfactory payment arrangements are not agreed upon between the Borough and property owner, the Borough may file a municipal lien against the property pursuant to Pennsylvania's Municipal Claims Act[1] and/or pursue other legal remedies for the collection
of same.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
F.
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.
At all times, it shall be the responsibility of the user to
maintain, repair, and replace all the cleanouts along his/her private
sewer service lateral, including the cleanout at the right-of-way,
or curbline, or the edge of the pavement, whichever applies.
A.
In the event a user refuses to comply with any of the terms or conditions of §§ 322-41 through 322-43 above, a surcharge of $25 per month shall be imposed in addition to all other charges authorized and imposed under law. 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 $50 per month.
B.
In the event a user complies with the inspection requirements of §§ 322-41 through 322-43 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 corrective work and achieve compliance within 45 days of the date of the notice.
C.
In the event that the building and/or appurtenances of the user are still determined not to be in compliance following the time period for corrective work set forth in Subsection B of this section expiring, and the user refuses or fails to bring the buildings and/or appurtenances into compliance, a surcharge of $50 per month as per paragraph A per billing account for such user shall be imposed, in addition to all other charges authorized and imposed under any applicable law, 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.
D.
The surcharge referred to herein shall be removed only upon the following
conditions:
(1)
The user utilizing the system executes a grant of inspection to the
Borough; and
(2)
The Borough or its authorized agent inspects and/or performs tests
on the building and/or appurtenances connected to the system and determines
the buildings and/or appurtenances connected to the system to be in
compliance; or
(3)
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.
E.
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 § 322-45 shall be applicable, except that in addition to the surcharge being charged in accordance with Subsection C, 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 C, for knowingly, willfully and/or intentionally creating or permitting such violation to commence and continue. A noncompliance reoccurs when a reconnection of a sump pump or other prohibited connection is discovered with the performance of a subsequent inspection.
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 § 322-45A or C, for knowingly, willfully, and/or intentionally permitting such violation to commence and continue.
Any user violating any of the provisions of this article shall
be liable to the Borough for any expenses, costs, and fees, including,
but not limited to, reasonable attorney's fees, occasioned or caused
to the Borough by reason of seeking enforcement of such Ordinance
against the violator, as well as for any losses or damages occasioned
or caused to the Borough by reason of such violation.
The Borough shall have full power and authority to invoke any
legal, equitable, or special remedy for the enforcement of this article.
