[Adopted 8-11-2020 by Ord. No. 2720]
Every owner of property in the geographic area of Monroeville
serviced by FTMSA whose property abuts upon any public sanitary sewer
presently in existence or to be constructed in the future by FTMSA
or any other person and/or entity, shall connect, at its own cost,
the house, building or other structures located on said property with
the aforementioned public sanitary sewers for the purpose of disposing
of all acceptable sanitary sewage emanating from said property. "House,
building or other structure" as used in this article shall be defined
as any house, building or other structure that is occupied or building
or structure that has facilities for the discharge of water or other
waste considered by law to be such that same must be treated by a
sewage treatment facility.
The owner of property upon which a house, building or other
structure currently exists or is to be constructed may request FTMSA
for an exemption to connect to the public sanitary sewer if the house,
building or other structure on the property is or will be more than
200 feet from the public sanitary sewer.
It shall be unlawful for any owner, lessee or occupier of any
property located in the geographic area of Monroeville serviced by
FTMSA abutting upon any aforementioned public sanitary sewer to employ
any means, either by septic tank, cesspool, privy vault, mine hole
or otherwise, for the disposal of acceptable sanitary sewage other
than into and through said public sanitary sewers.
Where any house, building or structure located in the geographic
area of Monroeville serviced by FTMSA abutting upon any aforementioned
public sanitary sewer is now or hereafter may be using any method
for the disposal of acceptable sanitary sewage other than through
said public sanitary sewer, it shall be the duty of the Municipal
Engineer or the authorized representative of FTMSA to notify the owner,
lessee or occupier of such structure, in writing, either by personal
service, certified mail or registered mail, to disconnect the same
and make proper connection for the discharge and disposal of all acceptable
sanitary sewage through said public sanitary sewers, as herein provided,
within 60 days after receipt of such notice. Any owner or lessee or
occupier of a structure who cannot comply with the provisions of this
section as to connection within the sixty-day period stipulated above
due to causes beyond his control shall apply to FTMSA within said
sixty-day period for a time extension of up to six months in duration.
Said application shall be made on a form to be furnished by FTMSA
and shall contain a voluntary agreement on the part of the applicant
under which the applicant shall agree to commence paying the regular
monthly sewer rates immediately even though actual connection to the
public sanitary sewers will not be accomplished until some later date
within the said six-month extension period.
No privy vault, cesspool, septic tank, mine hole or similar
receptacle for human excrement shall at the present time or at any
time hereafter be connected with the aforesaid public sanitary sewers.
It shall be unlawful for any person, firm or corporation connected
to any aforementioned public sanitary sewers to connect any roof drain
thereto or permit any roof drain to remain connected thereto, or to
permit, allow or cause to enter into said public sanitary sewers any
stormwater, foundation drain water, spring water, surface water or
any sewage or industrial waste from any property other than that for
which a permit is issued.
No person, firm or corporation shall make or cause to be made
any connection with any of the aforementioned public sanitary sewers
until such person, firm or corporation has fulfilled all of the following
conditions:
A.
Such person, firm or corporation shall make application to FTMSA
upon a permit form to be formulated and supplied by FTMSA for permission
to connect to the aforementioned public sanitary sewers. Among other
things, the applicant must state the character and use of each structure
located upon his property.
B.
Such person, firm or corporation shall pay the required FTMSA tap
fee to FTMSA at the time of making application for permission to make
a connection.
C.
No work shall commence before the payment of the aforesaid tap fee
and issuance of the aforementioned connection permit.
D.
Such person, firm or corporation shall give the designated inspector
of FTMSA at least 72 hours' notice of the time when such connection
shall be made in order that said inspector can be present to inspect
and approve the work of connection. The inspector shall signify his
approval of the connection by endorsing his name and the date of approval
on the aforementioned connection permit in the possession of the permittees.
E.
At the time of inspection of the connection, the owner or owners
of properties shall permit the inspector full and complete access
to all sanitary and drainage arrangements and facilities in each building
and in and about all parts of the property. No building sewer line
shall be covered over or in any manner concealed until after it is
inspected and approved by said inspector.
The construction of all building sewer lines or house service
sewers shall be done in accordance with the specifications, plans
and procedures established by FTMSA in its Sewer System Rules and
Regulations, as the same may be from time to time published and amended,
copies of which, upon adoption by FTMSA, shall be maintained on file
with the Municipal Engineer.
If the owner or owners of any occupied houses, buildings or
structures located within the geographic area of Monroeville serviced
by FTMSA shall neglect or refuse to comply with the provisions of
this article or written notice as prescribed herein, Monroeville or
FTMSA may perform or cause to be performed such work and labor and
furnish or cause to be furnished such material as may be necessary
to comply with the provisions of this article at the cost and expense
of such owner or owners, together with 10% additional thereof and
all charges and expenses incidental thereto, which sum shall be collected
from said owner or owners for the use of Monroeville or FTMSA as debts
are by law collectible, or Monroeville or FTMSA may, by its proper
officer, file a municipal claim or lien therefor against said premises
as provided by law.
"Unacceptable sanitary sewage," for purposes of this article,
shall have the same definition as that which is set forth in FTMSA's
Sewer System Rules and Regulations, said Rules and Regulations being
hereby approved by Monroeville and held to be applicable to all users
of the aforementioned public sanitary sewers.
FTMSA, from time to time, shall, by resolution, adopt procedures
and methods to be followed by property owners in connection with connecting
to any public sanitary sewer; methods and manner of disconnecting
from the house, building or structure the prepublic sanitary sewage
disposal method; the various fees, rates and charges, without limitation,
that can be implemented by FTMSA pursuant to the laws of the Commonwealth
of Pennsylvania, including, but not limited to, the Municipal Authorities
Act of 2001 and any amendments thereto;[1] to make determinations from time to time with regard to
the method of calculating the rates and other charges legally permissible
by law to fix, alter, charge, impose and collect; to enter into financing
arrangements, if necessary, for the construction, improvement, repair,
maintenance and operation of its facilities and properties; and to
otherwise do and perform any act permissible by law.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.
After the effective date of this article, it shall be unlawful
for any person to sell, transfer, assign (as in the event of a mortgage),
pledge or hypothecate any interest in real property within the geographic
area of Monroeville served by FTMSA on which a house, building or
structure exists, without first obtaining a certification of sewer
lateral from the proper officers of FTMSA.
As used in this article, the following terms shall have the
meanings indicated:
An official statement from the proper official of FTMSA stating
that, after inspection, there are no known illegal stormwater or surface
water connections into the sanitary sewer, and no failed tests or
failure, as defined herein, on the specific property. A certification
of sewer lateral will be required upon the sale, transfer, assignment
(as in the event of a mortgage), pledge or hypothecation of any interest
in real property within Monroeville.
No testing of sewer laterals shall be required upon the sale,
transfer, assignment (as in the event of a mortgage), pledge or hypothecation
of any interest in real property if it is a transfer between husband
and wife incidental to a divorce; transfer through a decree of distribution
incidental to the administration of an estate; or a refinancing of
an existing mortgage by a mortgagor who, prior to the date of this
article, has had a visual inspection of the sewer lateral, had action
taken to correct any failure within five years of the refinancing
and obtained a certification of sewer lateral or is otherwise capable
of producing sufficient documentation that the sewer lateral is no
longer structurally defective.
Includes, but is not limited to, the discharge of groundwater
or surface water for the connection of downspouts, roof drainage,
surface area drainage, or foundation or basement drainage into the
sanitary sewer system.
The inspection necessary to obtain a certification of sewer
lateral shall be accomplished by televising the sewer lateral according
to procedures adopted by FTMSA ("inspection method") designed to detect
a structurally defective lateral. Upon receipt of inspection results
that demonstrate the lateral is structurally defective, which shall
constitute a failed test ("failure" or "failed"), such sewer lateral
must be repaired or replaced by the property owner prior to the issuance
of a certificate indicating the absence of liens on the real property
in question.
A written letter from the proper official of FTMSA concerning
municipal liens.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority, or other entity recognized by law
as the subject of rights and duties.
A sewer lateral that exhibits root intrusion, separated joint(s),
broken pipe(s), cracks, inflow and/or infiltration of storm, spring
water and/or groundwater, or any other condition which lends itself
to inflow and/or infiltration of water into the sewer lateral other
than sanitary and/or gray water.
FTMSA may perform testing from time to time on all sewer laterals,
new or existing, and located within the geographic area of Monroeville
serviced by FTMSA to determine if there are any structurally defective
sewer laterals. Upon completion of the testing, if it is determined
by FTMSA that a parcel of real estate upon which a house, building
or structure exists does not have a structurally defective sewer lateral,
the person who is the owner of said real estate upon which the house,
building or structure exists will be issued a certification of sewer
lateral, and that certification of sewer lateral shall be evidence
of the lack of a structurally defective sewer lateral regarding the
house, building or structure on the real estate for a period of three
years from the issuance date thereof. After the expiration of three
years, a certification of sewer lateral will be required upon any
sale, transfer, assignment (as in the event of a mortgage), pledge
or hypothecation of any interest in that property. The manner and
method of testing shall be in accordance with the inspection method
defined herein. After the completion of testing by FTMSA, if the testing
determines the existence of structurally defective sewer lateral(s),
the person owning said real estate upon which a house, building or
structure exists shall cause the structurally defective sewer lateral
to be removed/repaired, the same retested, and the payment of any
additional fees and costs and the procurement of a certification of
sewer lateral to be completed within 18 months of the determination
of the existence of a structurally defective sewer lateral.
Persons required under this article to obtain a certification
of sewer lateral shall make application on a form furnished by FTMSA,
and payment of all necessary fees, at least 30 days before the date
of the event requiring acquisition of the certificate of sewer lateral.
The applicant shall then make arrangements with an individual(s) designated
by FTMSA to inspect and televise the sewer laterals on the property.
The individual performing the test shall notify FTMSA if there is
a structurally defective or failed sewer lateral, whereupon FTMSA,
upon the payment of any established fee, shall issue a certification
of sewer lateral if no structural defects or failed laterals are found.
When a structurally defective or failed sewer lateral is discovered
by the means of the above-mentioned testing, no certification of sewer
lateral will be issued until the structurally defective sewer lateral
is repaired or replaced and the sewer lateral is retested and exhibits
no structural defects or failure, and any additional fees and costs
paid and certification of such removal/repair is received from the
individual performing the testing.
FTMSA shall not issue a municipal no-lien letter until such
time as FTMSA has in its possession a certification of sewer lateral.
FTMSA is hereby authorized, empowered and directed by resolution
to make reasonable rules and regulations for the operation and enforcement
of the testing provisions as necessary, which shall include, but not
be limited to:
Nothing in this article shall limit in any fashion whatsoever
Monroeville's right or FTMSA's right to enforce any ordinance, resolution
or law of Monroeville or FTMSA, the intent being that this article
shall supplement already existing resolutions and ordinances dealing
with the enforcement of sanitary sewer status within the geographic
area of Monroeville served by FTMSA. Nothing in this article shall
be a defense to any citation issued by any municipal corporation or
the Commonwealth of Pennsylvania pursuant to any other law or article.
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this article, or of any resolution,
regulation or requirement pursuant thereto and authorized thereby,
shall, upon conviction before any District Justice, be sentenced to
pay a fine of $1,000, and costs of prosecution, and, in a default
of payment thereof, to imprisonment for a term not to exceed 90 days.
Each day that a person is in violation shall constitute a separate
offense.
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.
Any ordinance or resolution or part of any ordinance or resolution
conflicting with the provisions of this article be and the same are
hereby repealed to the extent of such conflict.
This article shall become effective within five days of passage.
