[Adopted 3-15-2011 by Ord. No. 411]
A.
Municipalities have an obligation to provide for adequate sewage
treatment facilities and protection of the public health by preventing
the discharge of untreated or inadequately treated sewage as mandated
by municipal codes, the Clean Streams Law (35 P.S. § 691.1
et seq. and the Pennsylvania Sewage Facilities Act (35 P.S. § 750.1
et seq.).
B.
A recent study conducted by the Pine Grove Joint Treatment Authority
(PGJTA) has disclosed that during periods of heavy rains the discharge
into the sanitary sewer system rises dramatically in direct relation
to the rainfall. This discharge increase is commonly known as inflow
and infiltration (I&I). Inflow is groundwater coming into the
system by intentional means and infiltration is groundwater coming
into the system by unintentional means. The study revealed that the
PGJTA Sewage Treatment Plant exceeded its discharge capacity during
recent heavy rain events. Further, undocumented connections and connections
which permit a discharge of regulated or prohibited materials is likely
to be exposed and eliminated, regulated and properly charged for in
the case of certain regulated but unascertained discharge. The examination
of all types of connections and all manner of disposal systems is
contemplated under this article, including, but not limited to, gravity
systems, grinder pump and other assisted delivery systems, including,
but not limited to, low pressure systems and any other technology
by which wastewater is delivered to the PGJTA Sewage System.
C.
Excess treatment capacity is a valuable resource which when available
can economically provide future growth in both the Township and the
Borough. As I&I and other types of unregulated and undocumented
connections are consuming this valuable excess capacity, the elimination
of I&I and the regulation and documentation of such discharge
is a priority project of the PGJTA.
D.
The PGJTA has considered several means of solving these problems
and has determined that the most even handed and cost effective way
to begin implementing its I&I reduction program and the regulation
and documentation of certain connections is to have a property owner's
sewer system inspected on a random basis such as when a property is
transferred. It is also believed that when a property changes hands,
the new property owner should be assured that the property's
sewer system is in good working order. Further, when a property is
transferred, there is usually an accompanying transfer of value from
which a fund is available to pay for necessary remedial work.
A.
The purpose of the article is therefore to minimize I&I, discover
undocumented and unregulated systems, maintain the PGJTA within its
discharge limitations as prescribed by its NPDES permit and to provide
for the orderly and random inspection of a certain number of properties
each year as properties are transferred. This article will set forth
the guidelines for inspection of property sewer systems and the procedure
to be followed to administer the pre-transfer inspection of property
sewer systems.
B.
PGJTA proposes to address inflow, infiltration and undocumented and
unregulated systems by examining a property owner's sewer system
to eliminate inflow which may be deliberately placed in the system
and infiltration which often results as a consequence of a defective
or improperly maintained system. The elimination of inflow and infiltration
will reduce the sewage treatment burden on the PGJTA sewage treatment
plant. The minimization of inflow and infiltration, in addition to
reducing the burden, will lessen the likelihood that the PGJTA will
exceed its NPDES permitted discharge authority and will preserve valuable
capacity for future users. Ultimately, the elimination of inflow and
infiltration and undocumented and unregulated uses will extend the
life of the plant as when the plant comes near to its capacity, the
Pennsylvania Department of Environmental Protection is expected to
call on the PGJTA to further expand the plant. It is therefore clearly
in everyone's current and future interests to eliminate I&I
as well as unregulated and undocumented connections to the PGJTA facility.
This article shall be applicable from its hereinafter stated
effective date and shall apply to all properties in this municipality
that are connected to the Pine Grove Joint Treatment Authority public
sewer system. For purposes of clarity, this includes, but is not limited
to, all residential, commercial and industrial uses.
As used in this article, the following terms shall have the
meanings indicated:
A sum determined by multiplying by 1.5 the reasonably determined
costs anticipated to be incurred for the repair of a sewer system
to bring it up to PGJTA operating standards and specifications. Such
costs to be estimated by PGJTA at market rates prevailing in the community
at the time such repair service is required.
The form prescribed by the PGJTA, as amended from time to
time, notifying the PGJTA that a serviced property is intended to
be transferred and a sewer system inspection is requested.
The certificate given by the PGJTA evidencing the status
of the sewer system on a serviced property.
The situation that occurs, resulting in a serviced property
being exempt from compliance with this article when the PGJTA is unable
to or declines to inspect a property within 15 days after an application
to transfer is delivered to the PGJTA.
Hand delivery, delivery by first class mail addressed to
the PGJTA at its current street address of record or hand delivered
to an officer or employee of the PGJTA at Mifflin Street, Pine Grove,
Pennsylvania.
Exemption due to death of a co-owner, or a deemed approval
for failure of PGJTA to timely inspect a serviced property.
The portion of the sewer line connecting a serviced property
to the PSS.
Notice by PGJTA that a sewer system to a serviced property
does not meet PGJTA operating standards and specifications.
National Pollutant Discharge Elimination System. The permit
issued by the Pennsylvania Department of Environmental Protection
authorizing the PGJTA to discharge treated wastewater in to streams
of the commonwealth.
Those standards and specifications setting forth the minimum
requirements of the condition of a sewage system of a serviced property,
as amended from time to time, and made part of the rules and regulations
of the PGJTA.
The Borough of Pine Grove, Schuylkill County.
The municipal authority with its principal office located
in the Borough of Pine Grove, Schuylkill County, responsible under
various acts, ordinances and statutes for the collection and treatment
of wastewater in Pine Grove Township, Washington Township and Pine
Grove Borough.
The Township of Pine Grove, Schuylkill County.
The responsible person(s) or entity having authority to transfer
a serviced property, including, but not limited to, current property
owners, sellers of property, executors, trustees, personal representatives
and any agent servant or employee acting in such capacity.
The portion of the public sewer transmission line that is
owned and operated by the PGJTA.
The requirements imposed under a CSS by the PGJTA setting
forth the necessary repairs that must be made to a sewer system on
a serviced property in order for the sewer system to meet then current
PGJTA sewer system operating standards and specifications.
Those rules and regulations, as amended from time to time,
as adopted by the PGJTA.
Any property, including a home, business, structure, trailer
or other improvements located in the Borough, Pine Grove Township
or Washington Township that is connected to the PSS.
For the purpose of this article: All aspects of a serviced
property related to the removal of waste or stormwater which could
likely enter the public sewage system. This specially defined term
includes rain gutters and down spouts, internal and external plumbing
fixtures and devices, sump pumps, french drains, and all other aspects
of a serviced property dealing with transporting and eliminating sewage
and stormwater from a serviced property.
The act performed by PGJTA, or its authorized agents, to
determine if the sewer system of a serviced property is in conformity
with current PGJTA operating standards and specifications.
Any act under which a serviced property is sold, given, donated,
transferred or otherwise has a change of titled ownership of real
property or personal property.
The Township of Washington, Schuylkill County.
It shall be unlawful for any property owner/responsible party
to sell, give, donate, transfer or otherwise change titled ownership
of serviced property (transfer) in the municipality without first
having secured a certificate of sewer system status (CSS) from the
PGJTA. In the event of the death of a property owner and a direct
inheritance of real estate or personal property to a new owner, it
shall be unlawful for a deed to be placed on record to a new owner
or a title to be transferred without the property owner/responsible
party having first secured a CSS. In the event of the death of a co-owner,
such as husband and wife, joint tenant and the like, no CSS shall
be required and this transfer shall be exempt from the requirements
of this article.
The property owner or responsible party shall notify the PGJTA
of an intention to transfer a serviced property in the municipality
as soon as practical. The property owner/responsible party shall do
so in writing on a form prescribed by the PGJTA designated as an application
to transfer. The form shall notify the PGJTA of the intended transfer
and the anticipated time and date of transfer. The PGJTA shall also
provide the property owner or responsible party with the requirements
that need to be met in order for the sewer system to be considered
in good repair by then current standards in place in the rules and
regulations of the PGJTA. With the application, the applicant shall
pay an inspection fee in accordance with the PGJTA rules and regulations
in effect at the time of the application.
B.
If the PGJTA fails to inspect the sewer system within 15 days and
fails to provide the property owner/responsible party with either
a notice of failure or a CSS, then the property shall be deemed to
pass the inspection. This event shall be designated a "deemed approval."
C.
Nothing in this provision or this entire article shall, however,
in any way limit or restrict the rights of the PGJTA to cause the
inspection of a sewer system at any time, this right being expressly
stated in PGJTA rules and regulations. A deemed approval under this
provision shall only excuse the responsible party from the fines and
penalties associated with this article. The acquisition of a property
without first complying with the inspection requirements of this article
does not prevent or in any way limit the PGJTA's rights to inspect
a sewer system at any time.
D.
If the property receives a notice of failure, the steps prescribed
under remediation shall apply.
The testing procedures utilized by PGJTA under the direction
of the Operations Manager shall include all proper and legal inspections
and testing methods required to determine whether the property involved
in the test is in compliance with the provisions of the rules and
regulations of the Authority and the municipal ordinances applicable
to public sanitary sewage in general. The permitted inspections and
tests shall include but not be limited to:
A.
The inspection
of inside plumbing, french drains, sump pumps, floor and other miscellaneous
types of drains to determine whether or not the same are constructed
in such a manner as to permit the discharge of any substance into
the public sanitary sewer system;
B.
The inspection
of outside area drains, driveway drains and roof leaders to determine
whether or not any of the same are constructed in such a manner as
to permit the discharge of any substance into the public sanitary
sewer system;
C.
The determination
of whether inspection stacks, building traps and cleanouts are in
existence and in proper working order and otherwise comply with existing
PGJTA rules and regulations; and
D.
The inspection
of all lateral sewers to determine whether or not the same have any
inflow or infiltration resulting from any cause whatsoever which is
not permitted under the applicable PGJTA rules and regulations or
applicable municipal ordinance. The inspection and testing procedures
shall utilize all appropriate means, including, but not limited to:
If after inspection the PGJTA or its agent determines that the
property has failed to meet the PGJTA Sewer System Standards, a report
designated notice of failure shall be issued and the serviced property
shall not be transferred until either the status of the sewer system
has been corrected to the satisfaction of the PGJTA or the designated
inspector and a CSS is issued, or an adequate reserve has been set
aside in an escrow account naming the PGJTA and the responsible party
as joint owners on the account and which account is designated for
sewer system repairs to the serviced property.
It shall be a violation of this article for a property owner
to fail to first secure a CSS or deemed approval before a transfer
occurs. The penalty for a violation of this section shall be a fine
of $500 for the initial failure to comply with the article and a continuing
violation punishable by a fine of $25 per day for each day after the
transfer that the serviced property goes without a valid CSS or deemed
approval. The penalties imposed by this ordinance shall be reduced
to a lien and placed against the current property owner by action
of PGJTA or the municipality.
Upon satisfactory compliance with this article and payment of
all fines, penalties and associated costs, the PGJTA shall promptly
satisfy the lien. If the remedial work necessary to bring the property
into compliance cannot be immediately accomplished, a CSS may be issued
provided an amount equal to 1.5 times the estimated costs of repairs
plus reasonable compliance costs are escrowed in an account naming
the PGJTA and the property owner as co-owners of the escrowed account
and all fines, penalties and costs are paid.
The cost for the sewer system inspection shall be paid by the
responsible party and be based upon the number of EDUs providing service
to the subject property. The fee shall be paid with the application
to transfer a property. The amount of the fee shall be set by the
Pine Grove Joint Treatment Authority and shall be clearly stated in
its rules and regulations as amended from time to time.
All ordinances or resolutions or parts of ordinance or resolutions
which are inconsistent herewith are hereby repealed to the extent
that the same are inconsistent with the terms of this article.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections,
or parts of this article. It is hereby declared as the intent of the
Borough that this article would have been adopted had such unconstitutional,
illegal, or invalid sentence, clause, section, or part thereof not
been included.
