Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 1049, passed 3-10-1991; Ord. 1291, passed 11-24-2003]
As used in this article, certain words and terms are defined as follows:
DOCUMENT OF CERTIFICATION, EVIDENCE OF COMPLIANCE
An official statement from the McCandless Township Sanitary Authority ("MTSA") stating that there are no illegal storm or surface water connections into the sanitary sewer system on the specific property which is being sold, transferred or assigned. This Document of Certification shall be in effect for the life of the building for which it was obtained and for so long as the property is again not sold, transferred or assigned.
DYE AND/OR SMOKE TEST
Any commonly accepted method of testing wherein dye and/or smoke is introduced into the storm, surface or sub-surface water collection system and downspout of real estate property to determine if any illegal storm water or surface water is entering the sanitary sewer system.
ILLEGAL STORM OR SURFACE WATER CONNECTIONS
The connection of any basement seepage, surface water, sub-surface drains, downspouts, roof drainage or surface areaway drainage into the sanitary sewer system.
MUNICIPAL LIEN AND PROPERTY TAX VERIFICATION LETTER
A written letter from the proper official of the Town of McCandless concerning municipal liens and property taxes.
PERSON
Any person, syndicate, associate, partnership, firm, corporation, institution, agency, Authority or other entity recognized by law as the subject of rights and duties.
TEMPORARY DOCUMENT OF CERTIFICATION
A temporary statement of certification from the proper officer of the McCandless Township Sanitary Authority ("MTSA"), issued pursuant to the terms of Section 915.04.
THE MCCANDLESS TOWNSHIP SANITARY AUTHORITY (MSTA)
The municipal authority operating the Town's sanitary sewer system and responsible for administration of the program of testing and certification.
[Ord. 1291, passed 11-24-2003]
After the effective date of this section, it shall be unlawful for any person to sell, transfer or assign any real estate within the Town on which a building or improvement exists, without first delivering to the purchaser, transferee or assignee, a Document of Certification or a Temporary Document of Certification from the proper officers of the McCandless Township Sanitary Authority.
[Ord. 1291, passed 11-24-2003]
(a) 
Any person selling, transferring or assigning real estate located within the Town (hereinafter applicant) shall make application on a form furnished by The McCandless Township Sanitary Authority ("MTSA") at least 14 days before the date of sale, transfer or assignment. The MTSA or a plumber designated by MTSA who is registered and licensed by the Allegheny County Health Department shall perform a dye test on the property to be sold, transferred or assigned within 14 days of the date of the application. The plumber shall complete the appropriate portions on the form that the property has been dye tested, and certify the results of such test. In the event that there are no illegal storm or surface water connections, the MTSA shall issue a Document of Certification upon the payment of an amount to be set by resolution of the Board of Directors of MTSA. When an illegal storm or surface connection is discovered by the means of the above-mentioned testing, no Document of Certification will be issued until the illegal connections are removed, inspected and approved by the MTSA.
(b) 
A sanitary sewer dye test of the McCandless Township Sanitary Authority may be substituted for that required under this Section 915.03 when the property has been dye tested under the MTSA Comprehensive Sewer Inspection Program within 18 months of the date of such a test conducted by the MTSA.
(c) 
The MTSA shall maintain a list of plumbers who are registered and licensed by the Allegheny County Health Department who shall perform the dye tests authorized herein at the request of MTSA at the fees set by resolution of the MTSA.
[Ord. 1291, passed 11-24-2003]
A Temporary Document of Certification may be issued at The McCandless Township Sanitary Authority's (MTSA's) sole discretion only under the following circumstances:
(a) 
When such testing cannot be performed because of weather conditions, the applicant shall provide the McCandless Township Sanitary Authority with security in accordance with the fee schedule to be approved by the Board of Directors of MTSA to guarantee that the appropriate test will be performed. The applicant shall cause to have performed the appropriate test at such time as weather conditions make such testing possible. In addition, the applicant shall provide a signed written acknowledgment from the applicant and the purchaser, transferee or assignee of the real estate, agreeing to correct, at the sole expense of the applicant and/or the purchaser, transferee or assignee any violations that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser, transferee or assignee from requiring the applicant to reimburse the purchaser, transferee or assignee for any costs incurred, provided, nevertheless, that primary liability shall run with the land and no such agreement shall affect the Town's or MTSA's enforcement powers or excuse the current owner from performance.
(b) 
When illegal storm water or surface water connections have been discovered and the necessary remedial activities to correct such connection would require a length of time such as to create a practical hardship for the applicant, the applicant may apply to the MTSA for a Temporary Document of Certification which may only be issued when the applicant provides the MTSA with all of the following:
(1) 
Cash security in the amount of the contract for the completion of the necessary remedial work is posted with the MTSA; and
(2) 
An agreement by the purchaser, transferee or assignee to be responsible for all cost overruns related to the remedial work, together with a license to the MTSA to enter upon the property to complete such work in case of default by the contractor. The MTSA shall determine, by regulation, when such Temporary Document of Certification shall expire, at which time the security shall be forfeited, and the MTSA may use the security to have the necessary remedial work completed.
[Ord. 1049, passed 3-10-1991; Ord. 1291, passed 11-24-2003]
The McCandless Township Sanitary Authority is hereby authorized, empowered and directed to make rules and regulations for the operation and enforcement of this Article as it deems necessary, which shall include, but not be limited to:
(a) 
Establishing acceptable forms of security or guarantees;
(b) 
Establishing the forms of application, fees and purchaser acknowledgments;
(c) 
Limiting the times of year in which Temporary Documents of Certification are available for reasons of weather;
(d) 
Setting standards for dye and/or smoke tests to be administered by registered plumbers prior to issuance of Documents of Certification.
(e) 
Such other rules and regulations as are necessary for the operation and enforcement of this article.
[Ord. 1049, passed 3-10-1991]
Nothing in this article shall limit, in any fashion whatsoever, the Town's right to enforce its ordinances or the laws of the Commonwealth of Pennsylvania. Nothing in this article shall be a defense to any citation issued by any municipal corporation or the Commonwealth pursuant to any other law or ordinance.
[Ord. 1049, passed 3-10-1991]
The provisions of this article are severable, and if any section, sentence, clause or phrase shall be held by a court of competent jurisdiction to be illegal, invalid or unconstitutional, the remaining portions of this article shall not be affected or impaired thereby.
[Ord. 1291, passed 11-24-2003]
The provisions of this article providing for dye testing and issuance of Documents of Certification shall be modified to the extent required by any mandates of the Commonwealth of Pennsylvania or of Allegheny County relating to such programs of testing and compliance.
[Ord. 1049, passed 3-10-1991; Ord. 1291, passed 11-24-2003]
(a) 
Whoever fails, neglects or refuses to comply with any of the terms or provisions of this article, or of any regulation or requirement pursuant thereto and authorized thereby shall, upon conviction before any issuing authority, be sentenced to pay a fine of $600 and costs of prosecution, and in default of payment thereof, to imprisonment for a term not to exceed 90 days.
(b) 
Each day that the violation continues after the expiration of the appropriate period of notice shall constitute a separate offense.