[Ord. No. 2016-2, 10/19/2016[1]]
1.
From and after the effective date of this Part, it shall be unlawful
for any person to construct, install, maintain, repair, operate, use,
or allow an illegal storm- or surface water connection on real estate
that they own. This prohibition expressly includes, without limitation,
illegal storm- or surface water connections made prior to the effective
date of this Part, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
2.
From and after the effective date of this Part, it shall be unlawful
for any person to sell or otherwise transfer real estate within those
portions of Cambria Township served by the Borough of Ebensburg sanitary
sewer system (the "Borough"), on which a building or improvement exists,
without first delivering unto the purchaser a certificate of sewage
compliance or temporary certificate of sewage compliance from the
Borough of Ebensburg.
3.
From and after the effective date of this Part, it shall be required,
prior to the issuance of a municipal lien letter or property tax verification
letter, that the owner of real estate to be sold or otherwise transferred,
on which a building or improvement exists, first obtain a certificate
of sewage compliance or a temporary certificate of sewage compliance.
4.
From and after the effective date of this Part, all persons connected
to or connecting to the sanitary sewer system owned and operated by
the Ebensburg Municipal Authority shall be governed by the Rules and
Regulations Governing Sanitary Sewer Service, as adopted, and amended
from time to time, by the Ebensburg Municipal Authority.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 4, Sanitary Sewer Verification and Compliance, adopted
11/24/2014 by Ord. No. 2014-218.
[Ord. No. 2016-2, 10/19/2016]
As used in this Part, the following terms shall have the meanings
indicated:
The Ebensburg Municipal Authority and its authorized representatives,
including the Borough of Ebensburg.
The Borough of Ebensburg, Cambria County, Pennsylvania, including
the Ebensburg Municipal Authority.
Each single-family dwelling unit, multiple dwelling unit,
multiple-use unit, store, shop, office, business, institutional, commercial,
or industrial unit; contained within any structure; erected and intended
for continuous or periodic habitation, occupancy, or use by humans
or animals; from which wastewater may be discharged.
The lowest horizontal piping of a building's drainage
system which receives the discharge from other drainage pipes inside
the walls of a building and conveys it to the sewer lateral at a point
at the building wall.
An official statement from the Borough Manager of the Borough
of Ebensburg or his designee stating that there are no known illegal
storm- or surface water connections into the sanitary sewer connections
on the specific property which is being sold and that the customer
facilities have successfully passed an air pressure test. A certificate
of sewage compliance shall remain in effect for a period of five years.
The short section of pipe, including the tapping tee or saddle,
between the sewer main collection line and the customer's viewport.
In most cases, the connection stub will terminate at the customer's
viewport situated at the customer's property line. In some cases,
due to distance from the sewer main, the connection stub may terminate
at a point other than the customer's property line. The termination
point of the connection stub shall be determined at the sole discretion
of the Authority. The connection stub is considered part of the sewer
main, owned and maintained by the Authority.
The individual or individuals, partnership, association,
company, municipality, or any entity whatsoever becoming the contractual
applicant or actually using the sanitary sewer service of the Authority
and responsible for payment therefor, as provided in the Rules and
Regulations of the Authority.
The discharge of ground- or surface water or the connection
of downspouts, roof drainage, surface areaway drainage, foundation
drainage, footer drainage or discharge from a sump pump into the sanitary
sewer system.
The person or persons appointed by the Borough and/or Authority
to inspect existing or proposed facilities of the sanitary sewer system,
sewer laterals, and building piping and fixtures.
A written letter from the proper official of the Township
of Cambria concerning municipal liens and property taxes.
Any and all persons vested with title, legal or equitable,
sole or partial, of a building or other real estate.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, Authority, or other entity recognized by law
as the subject of rights and duties.
The Rules and Regulations Governing Sanitary Sewer Services,
as adopted and amended by the Ebensburg Municipal Authority.
When used in this Part, the "sale" of property shall apply
to any sale and/or any type of transfer of ownership of real estate
for any purpose whatsoever, including, but not limited to, transfers
within a family, inheritance, corporate transfers, transfers from
joint ownership to individuals, and to or from financial institutions
in cases of foreclosure. It shall apply to a "sale, transfer or assignment"
of any interest in real property, except that the following transactions
are exempted:
Refinancing of real property without a conveyance of an interest.
A transfer from an individual or individuals into an ordinary
grantor trust, as that term is commonly accepted.
A transfer between spouses or former spouses pursuant to a bona
fide marriage settlement agreement.
A transfer arising from a Sheriff's sale where the purchaser
is a mortgage holder or lien creditor. However, a subsequent transfer
of the property from the mortgage holder or lien creditor shall be
subject to this regulation.
A transfer from a record owner to a mortgage holder/lien creditor
pursuant to a deed in lieu of foreclosure. However, a subsequent transfer
of the property from the mortgage holder or lien creditor shall be
subject to this regulation.
The customer facilities fee, connection fee, and tapping
fee (comprised of capacity, collection, special purpose and reimbursement
fees) imposed by the Authority under Act 57 of 2003, as amended, payable
upon connection of a building or property to the sanitary sewer system,
and also refers to regular usage fees, surcharges, and other charges.
All piping, including the property line viewport, on the
customer's side of the connection stub. In those cases where,
due to distance from the sewer main, it is necessary to extend a sewer
lateral through neighboring public or private property, the installation
and maintenance of the entire sewer lateral shall be the responsibility
of the customer.
A temporary statement of certification from the Borough Manager of the Borough of Ebensburg, issued pursuant to the terms of § 18-404 of this Part.
[Ord. No. 2016-2, 10/19/2016]
1.
Any person selling or otherwise transferring real estate located
within those portions of Cambria Township served by the Borough of
Ebensburg sanitary sewer system (hereinafter "applicant") shall make
application for a certificate of sewage compliance, on a form furnished
by the Borough of Ebensburg, at least seven days before the date of
sale or transfer. The application fee shall be established from time
to time by resolution of the Borough Council.
2.
The applicant shall, as prescribed within the Rules and Regulations,
then have a qualified contractor perform an air pressure test of the
sewer lateral on the property to be sold. The contractor shall notify
the Authority at least 72 hours before the test is made so that the
Authority may witness the test. The Authority shall have the right
to approve the test as performed and/or to require that additional
tests be made. The Authority shall also have the right to rely on
the results of any internal televising of the sewer lateral completed
by the Authority. In the event that there are no illegal storm- or
surface water connections and the sewer lateral is deemed to be in
compliance with these Rules and Regulations, the Authority shall issue
a certificate of sewage compliance upon the payment of any established
fee. When an illegal storm- or surface water connection or malfunctioning
drainage system is discovered by the means of the above-mentioned
testing, no certificate of sewage compliance will be issued until
the illegal connections/malfunctioning drainage system are removed/repaired
and/or the entire sewer lateral is replaced from the foundation wall
to the connection stub. The system must then be retested. The Borough
must inspect all work performed and witness all tests. Failure to
have the Borough inspect the work may result in the Borough requiring
the uncovering of any pipe or other structure to view the repair,
at the cost of the property owner.
3.
A certificate of sewage compliance shall expire five years following
the date of issuance of the certificate of sewage compliance. If any
additions are made to the property within the five-year period, certification
for said addition shall be required.
[Ord. No. 2016-2, 10/19/2016]
1.
A temporary certificate of sewage compliance may be issued at the
Borough's sole discretion when either:
A.
The applicant proves that such testing cannot be performed because
of weather conditions, and, when such is the case, the applicant shall
provide the Borough with security in the amount of $2,000 to guarantee
that the appropriate test will be performed. The applicant will cause
to have performed the appropriate test within 30 days of subsequent
written notification from the Borough, which will be given at such
time as weather conditions make such testing possible. In addition,
the applicant shall provide a signed written acknowledgement from
the purchaser of the real estate agreeing to correct, at the said
purchaser's sole expense, any violations/defects that may be
discovered as the result of subsequent tests. Nothing in this subsection
shall prohibit any purchaser from requiring the applicant to reimburse
the purchaser for any costs incurred; provided, nevertheless, that
primary liability shall run with the land, and no such agreement shall
affect the Borough's enforcement powers or excuse the then-current
owner from performance.
B.
When an illegal storm- or surface water connection or malfunctioning
drainage system has 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 Borough for a temporary certificate of sewage compliance
which may only be issued when the applicant provides the Borough with
all of the following:
(1)
A bona fide executed contract between the applicant and a qualified
contractor to complete the necessary remedial work, with the Borough
listed therein as a third-party beneficiary;
(2)
Cash security in the amount of said contract posted with a an
escrow agent; and
(3)
An agreement by the purchaser to be responsible for all cost
overruns related to the remedial work, together with a license to
the Borough to enter upon the property to complete work in case of
default by the contractor. The Borough Manager shall determine, by
regulation, when such temporary certificate of sewage compliance shall
expire, at which time the security shall be forfeited, and the Borough
may use the security to have the necessary remedial work completed.
C.
The Borough is anticipating future repair or replacement of the sewer main(s) in the vicinity of the property to be transferred. In such a case, the applicant may choose to bring the sewer lateral into compliance, as described in § 18-403, or may apply for a temporary certificate of sewage compliance.
(1)
If the sewer lateral is brought into compliance and a certificate
of sewage compliance is issued, the purchaser will be responsible
for any additional remedial work that may be required in order to
satisfactorily connect to the new sewer main.
(2)
If the applicant applies for a temporary certificate of sewage
compliance, pending the completion of an anticipated Borough project,
the applicant shall provide the Borough with security in the amount
of $2,000 to guarantee that the appropriate remedial work and subsequent
testing will be performed. In addition, the applicant shall provide
a signed written acknowledgement from the purchaser of the real estate,
agreeing to correct, at the said purchaser's sole expense, any
violations/defects that may be discovered as the result of subsequent
tests. Nothing in this subsection shall prohibit any purchaser from
requiring the applicant to reimburse the purchaser for any costs incurred;
provided, nevertheless, that primary liability shall run with the
land, and no such agreement shall affect the Borough's enforcement
powers or excuse the then-current owner from performance.
[Ord. No. 2016-2, 10/19/2016]
No person shall connect or reconnect to the sanitary sewer system
without first complying with the Rules and Regulations of the Ebensburg
Municipal Authority relative to application for service, required
testing and payment of any fees.
[Ord. No. 2016-2, 10/19/2016]
All persons now connected to the sanitary sewer system, upon
notice received from the Ebensburg Municipal Authority, shall employ
any and all measures deemed necessary to bring building drain and
sewer lateral facilities into compliance with the Rules and Regulations
of the Ebensburg Municipal Authority.
[Ord. No. 2016-2, 10/19/2016]
Duly authorized employees or representatives of the Borough
and the Authority shall have the right to enter on the premises of
any person, firm, corporation or other entity connected to the system
for the purpose of inspection, observation, measurement, sampling,
testing, inspection of connections or fixtures, for a disconnection
of service, for enforcement of these Rules and Regulations and for
other such purposes for the protection of public health and property
and the effective, orderly operation of the sanitary sewer system.
Borough and Authority employees or representatives shall bear proper
credentials and identification and display the same when requested.
By virtue of being connected to and receiving service from the sanitary
sewer system, each person, firm, corporation or other entity receiving
said services acknowledges and authorizes Borough and Authority employees
or representatives to enter upon their premises for the aforesaid
purposes, including closed-circuit televising (CCTV) of all buried
and under slab piping of the premises and any type of testing, including
air pressure, water pressure and smoke testing. In the event that
access is required into the interior of any building on the premises,
the Borough/Authority representative will give twenty-four-hour notice.
[Ord. No. 2016-2, 10/19/2016]
1.
Any owner found to be in violation of the Authority's Rules
and Regulations, by allowing any quantity of inflow and infiltration
into the sanitary sewer system, shall be required to bring all buried
pipelines into compliance. In the event the Borough identifies any
illegal connections or leaking, deteriorating or poorly constructed
private sewer lateral and/or sanitary sewer service connections, the
Borough Manager shall give written notice of same to the owner that
such illegal connections be eliminated and/or that said connections
be repaired, replaced, or rehabilitated, at the owner's expense,
within six months of the date of the notice.
2.
Compliance must be proven at the time of inspection by an air pressure
test as outlined in Section 312 of the International Plumbing Code.
If a portion(s) of the said system fails to meet compliance standards,
additional repairs must be completed and tested until the entire system
has been determined to be in compliance, all within the original six-month
time frame.
3.
Failure to bring all buried pipelines into compliance within the
six-month time frame shall be deemed a violation of the Rules and
Regulations. In such circumstances, the Borough may take one or more
of the following enforcement actions:
A.
The Borough and/or Authority may file a civil action in order to
enforce the penalty clause of this Part.
B.
The Borough may apply a surcharge, as determined from time to time
by the Authority, to the customer's service charge until such
time that required repairs are made.
C.
The Borough may discontinue water service to the property and disconnect
the noncompliant sewer lateral from the sewer main.
D.
The Borough and/or Authority may enter the property to correct the
condition(s) and collect the cost of such correction(s) plus 10% of
all costs.
[Ord. No. 2016-2, 10/19/2016]
1.
Each owner of any building within the service area of the Ebensburg
Municipal Authority, located on property abutting any street, alley
or right-of-way in which a sewer main has been provided by the Authority,
and where any part of a building wherein wastewater is generated is
within 150 feet of the sewer main, at his own expense, shall connect
the building to the sanitary sewer system in accordance with these
rules and regulations within six months after the date of official
written notice to do so from the Borough, unless otherwise approved
in writing by the Borough.
2.
Each owner of any building within the service area of the Ebensburg
Municipal Authority, already connected to the sanitary sewer system
and for which a new sewer main has been provided by the Authority,
at his own expense, shall connect the building to the new sanitary
sewer system in accordance with the Rules and Regulations within six
months after the date of official written notice to do so from the
Borough, unless otherwise approved in writing by the Borough.
3.
In the event any owner refuses or neglects to connect within the
six-month period, he shall be deemed to be in violation of the Authority's
Rules and Regulations and this Part.
4.
Failure to connect or reconnect to the sanitary sewer system within
the six-month time frame shall be deemed a violation of the Rules
and Regulations. In such circumstances, the Borough may take one or
more of the following enforcement actions:
A.
The Borough and/or Authority may file a civil action in order to
enforce the penalty clause of this Part. Any owner who fails to make
a proper connection to the sanitary sewer system within the time specified
after receipt of proper notice or after obtaining a time extension
in writing from the Borough shall, upon conviction thereof before
a District Magistrate, pay a fine or penalty of $50 for each day that
the violation continues.
B.
The Borough may discontinue water service to the property.
C.
The Borough and/or Authority may enter the property to install a
properly functioning sewer lateral and collect the cost of such correction(s)
plus 10% of all costs.
5.
Any owner that fails or neglects to connect to the sanitary sewer
system shall nonetheless be assessed all ongoing service charges that
would otherwise have been payable had the owner connected, as required,
by the Rules and Regulations. The payment of service charges shall
not relieve the owner of the requirement to connect.
[Ord. No. 2016-2, 10/19/2016]
If, for any reason, an owner is unable to comply with the Rules
and Regulations and make required repairs or connection within the
six-month period, the owner may submit a corrective action plan to
the Borough. The plan shall include a signed contract with a prospective
contractor as well as the specific date of repair. The scope of work
must be sufficient, as determined by the Authority, to accomplish
compliance with the Rules and Regulations. The approval of a corrective
action plan will avoid any penalty described above during the approved
term of said corrective action plan but will not negate the obligation
to pay any and all service charges that would have otherwise been
payable.
[Ord. No. 2016-2, 10/19/2016]
The diversion or direct connection of storm- or surface water
to the Township's separate stormwater collection system is prohibited,
except by written authorization of the Township. In no event is stormwater
to be discharged upon or across public or private sidewalks and public
or private streets, or discharged onto adjacent property.
[Ord. No. 2016-2, 10/19/2016]
The Borough of Ebensburg, including the Ebensburg Municipal
Authority, is hereby authorized, empowered and directed to enforce
the provisions of this Part.
[Ord. No. 2016-2, 10/19/2016]
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this Part (except failure to connect),
or of any regulation or requirement pursuant thereto and authorized
thereby, shall, upon conviction before any District Justice, 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 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. No. 2016-2, 10/19/2016]
The provisions of this Part 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 Part shall not be affected or impaired thereby.
[Ord. No. 2016-2, 10/19/2016]
Any ordinance, or part of an ordinance, conflicting with this Part be and the same is hereby repealed insofar as the same affects this Part. Ordinance No. 218 of November 24, 2014, is specifically repealed in its entirety and replaced with this Part. This Part, being applicable only to that area of Cambria Township served by the Ebensburg Municipal Authority, does not repeal Cambria Township's existing Code of Ordinances, Chapter 18, Sewers and Sewage Disposal.
[Ord. No. 2016-2, 10/19/2016]
The effective date of this Part shall be the first day of January
2017.
