[Adopted 11-21-2006 by Ord. No. 874]
As used in this article, the following terms shall have the meanings indicated:
DOCUMENT OF CERTIFICATION, EVIDENCE OF COMPLIANCE
An official statement from the Redbank Valley Municipal Authority stating that there are no illegal stormwater or surface water connections into the sanitary sewer system on the specific property which is being sold, transferred, assigned or mortgaged.
DYE TEST
Any commonly accepted method of testing wherein dye is introduced into the stormwater, surface water, or subsurface water collection system and downspouts of real estate property to determine if any illegal stormwater or surface water is entering a sanitary sewer system.
GRINDER PUMP INSPECTION
The inspection and subsequent testing required by the Redbank Valley Municipal Authority of said grinder pump in order to determine the operational condition and/or maintain the warranty of an individual grinder pump unit.
ILLEGAL STORM OR SURFACE WATER CONNECTIONS
The connection of any surface water, downspouts, roof drainage or surface area drainage into a sanitary sewer system.
MUNICIPAL LIEN LETTER
A written letter from the proper official of the Borough of New Bethlehem or the Redbank Valley Municipal Authority concerning municipal liens.
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 official of the Redbank Valley Municipal Authority issued pursuant to the terms of § 425-41 of this article.
That after the effective date of this article, it shall be unlawful for any person to sell, transfer, assign or mortgage any real estate within the Borough of New Bethlehem on which a building or improvement exists, without first delivering to the purchaser, transferee, assignee or mortgagee a document of certification or a temporary document of certification from the proper officials of the Redbank Valley Municipal Authority.
Any person selling, transferring, assigning or mortgaging real estate on which a building or improvement exists or has existed, located within the Borough of New Bethlehem, hereinafter "applicant" shall make application on a form furnished by the Redbank Valley Municipal Authority at least 14 days before the date of sale, transfer, assignment or mortgaging. The applicant shall then have the Redbank Valley Municipal Authority or its agents perform a dye test on the property to be sold, transferred, assigned or mortgaged, said dye test to involve the use of nontoxic, nonstaining dye. The Redbank Valley Municipal Authority or its agents will then perform an inspection and/or testing of the grinder pump unit, if any, to determine the operating condition of said grinder pump unit. The Redbank Valley Municipal Authority shall complete the appropriate portions on the form that the property has been dye tested and the grinder pump, if any, inspected and tested, and certify the results of such tests. In the event that there are no illegal stormwater or surface water connections and no damage to the grinder pump unit, if any, that may have been caused by the applicant's intentional act or negligence, the Redbank Valley Municipal Authority or its designate shall issue a document of certification upon the payment of $75 or such reasonable fee as may be set from time to time by the Redbank Valley Municipal Authority. When by the means of the above-mentioned testing, an illegal stormwater or surface connection is discovered and/or it is found that a grinder pump unit has been damaged due to the property owner's intentional act or negligence no document of certification will be issued until the illegal connections are removed, inspected and approved by the Redbank Valley Municipal Authority. The document of certification will be issued within 14 days of the approval by the Redbank Valley Municipal Authority.
A temporary document of certification may be used at the Redbank Valley Municipal Authority's sole discretion only under the following circumstances:
A. 
When such testing cannot be performed because of weather conditions, the applicant shall provide the Redbank Valley Municipal Authority with security in the amount of $500 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 acknowledgement from the purchaser, transferee, assignee or mortgagee of the real estate, agreeing to correct, at the sole expense of said purchaser, transferee, assignee or mortgagee any violation that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser, transferee, assignee or mortgagee from requiring the applicant to reimburse the purchaser, transferee, assignee or mortgagee for any costs incurred; provided, nevertheless, that primary liability shall run with the land and that no such agreement shall affect the Borough of New Bethlehem and/or the Redbank Valley Municipal Authority enforcement powers or excuse the current owner from performance.
B. 
When illegal stormwater 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 Redbank Valley Municipal Authority for a temporary document of certification which may only be issued when the applicant provides the Redbank Valley Municipal Authority 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 Redbank Valley Municipal Authority; and
(2) 
An agreement by the purchaser, transferee, assignee or mortgagee agreeing to be responsible for all cost overruns related to the remedial work, together with a license to the Redbank Valley Municipal Authority to enter upon the property to complete such work in case of default by the contractor. The Redbank Valley Municipal Authority shall determine, by regulation, when such temporary document of certification shall expire, at which time the security shall be forfeited, and the Redbank Valley Municipal Authority may use the security to have the necessary remedial work completed.
In addition to the requirements set forth in §§ 425-39, 425-40, and 425-41 of this article, for issuance of a document of certification set forth therein, any person selling real estate on which a building or improvement exists located within the Borough of New Bethlehem must subject such person's real property to prior inspection, including inspection of interior premises of any building or residence, by authorized representatives of the Redbank Valley Municipal Authority, between the hours of 8:00 a.m. and 4:00 p.m., prevailing time, and upon prior seven days' written advance notice at no cost to the person selling such real estate, to determine the presence of sump pumps or other similar devices which discharge extraneous waters into the Redbank Valley Municipal Authority sanitary sewer system. Such person shall not be issued a document of certification until:
A. 
Such inspection has been performed and has revealed no device discharging extraneous waters into the Redbank Valley Municipal Authority sanitary sewer system; or
B. 
A follow-up inspection verifies that such device found to be previously in operation has been disconnected from the sanitary sewer system and/or removed.
The Redbank Valley Municipal Authority is authorized in the course of its program of testing, repair, rehabilitation, maintenance and replacement of sanitary sewers, when it identifies deteriorating laterals and sewer service connections, causing infiltration and inflow of extraneous waters into the sanitary sewers, to provide written notice to the property owner or owners as to the condition of such laterals and sewer connections, together with a statement that such deteriorating laterals and sewer service connections must, at the property owner's expense, be promptly repaired, replaced or rehabilitated. A copy of all written reports prepared by the Redbank Valley Municipal Authority in connection with this article shall be used by the Redbank Valley Municipal Authority and/or the Borough of New Bethlehem in determining whether a document of certification can be issued.
The Redbank Valley Municipal Authority and its employees in performing the duties and undertaking the programs identified in this article shall be empowered to enter upon any private property between the hours of 8:00 a.m. and 4:00 p.m., prevailing time, with seven days' advance written notice to the owner, for the purpose of conducting inspections and/or enforcing this article and shall have only those powers expressly set forth in this article and in other ordinances of the Borough of New Bethlehem or provided by law to perform its functions consistent with such ordinances. Such powers shall include the power to report violations of any Borough or Commonwealth ordinances to the Borough or Commonwealth as applicable.
The powers conferred by this article to Redbank Valley Municipal Authority shall be in addition to and not in substitution for any other powers conferred upon such Authority and the Borough of New Bethlehem to enforce and require the inspection and testing of publicly owned sewage facilities and the elimination of illegal stormwater and surface water connections to a sanitary sewer system within the borders of the Borough of New Bethlehem.
A. 
No property or property user in the Redbank Valley Municipal Authority sanitary sewer system shall discharge, or permit the discharge of, any stormwater, surface water, springs or natural watercourses, roof runoff, downspout stormwater, driveway drainage, or unpolluted industrial process water into said sanitary sewer system.
B. 
The Redbank Valley Municipal Authority is hereby authorized to conduct by aforesaid advance written notice random periodic dye tests, and other appropriate tests or inspections, without costs to the residents of the Borough of New Bethlehem, of all existing sewer systems and structures in the Borough of New Bethlehem for compliance with this article and other laws pertaining to separate sewer systems and structures.
C. 
Every owner, lessee or occupier of land within the Borough of New Bethlehem shall submit to dye testing by the Redbank Valley Municipal Authority. The owner, lessee or occupier of the land shall permit said testing upon request of the Redbank Valley Municipal Authority to conduct such testing at no cost to the owner, lessee, or occupier of land. Testing will not be required when the owner, lessee or occupier of the land produces a valid document of certification issued by the Redbank Valley Municipal Authority in accordance with this article, which document of certification shall be sufficient proof of compliance for purpose of this article, for a period of one year from the date of issuance, provided that there is no evidence of a change in the drainage systems on such land.
D. 
When illegal stormwater or surface water connections or conditions have been discovered, all necessary remedial work to correct such connection shall be completed by the owner, lessee, or occupier of the premises, weather permitting, within 60 days of the date such party receives notification of the illegal connection or condition or within such longer time period as the Redbank Valley Municipal Authority may permit for good cause shown.
E. 
Severe economic hardship.
(1) 
In the event the necessary remedial work would create severe economic hardship for the owner, lessee or occupier of the premises, application may be made to the Redbank Valley Municipal Authority for an extension of up to an additional six months to complete said remedial work or within such longer time period as the Redbank Valley Municipal Authority may permit for good cause shown. A "severe economic hardship" shall be defined as any person or persons who qualify or qualifies as having a level of income considered to be a low-moderate income under federal guidelines.
(2) 
In the event the owner, lessee, or occupier of the premises who establishes severe economic hardship and is unable to effect the necessary remedial work within the time permitted, including any extension thereof, the Redbank Valley Municipal Authority may undertake to have the necessary remedial work completed at the expense of the owner, lessee, or occupier of the premises, and to make any necessary arrangements for the payment of said work by the owner, lessee, or occupier of the premises on an installment basis, which arrangement shall be mutually satisfactory to the owner, lessee, or occupier. Under such circumstances, in the event satisfactory arrangements are not agreed upon by the Redbank Valley Municipal Authority and the owner, lessee, or occupier, the Redbank Valley Municipal Authority may file a lien against such property, as provided in the Pennsylvania Municipal Liens Act, as amended.
The Redbank Valley Municipal Authority is hereby authorized, empowered and directed to make reasonable 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; and
D. 
Such other rules and regulations as are necessary for the operation and enforcement of this article.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person who violates or permits a violation of this article shall, upon being found liable therefor, pay a fine of not less than $100 nor more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Clarion County.
B. 
Failure to correct a violation or a repeated violation identified in a notice shall not require an additional notice of violation applying to the same person, property or premises within the same calendar year or within 150 days of the first notice, whichever is longer.