[Adopted 8-5-2020 by Ord. No. 1025-20[1]]
[1]
Editor's Note: This ordinance also superseded former Art. II, Connections, adopted 1-15-1969 by Ord. No. 36-69, as amended 12-16-1991 by Ord. No. 305-91.
Every owner of property in Murrysville whose property abuts upon any public sanitary sewer Every owner of property in Murrysville 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 in Murrysville 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 in Murrysville 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 Chief Administrator 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 he has fulfilled all of the following conditions:
A. 
He 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. 
He 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. 
He 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 Chief Administrator.
If the owner or owners of any occupied houses, buildings or structures in Murrysville shall neglect or refuse to comply with the provisions of this article or written notice as prescribed herein, Murrysville 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 Murrysville or FTMSA as debts are by law collectible, or Murrysville or FTMSA may, by its proper officer, file a municipal claim or lien therefor against said premises as provided by law.
[Amended 12-6-2023 by Ord. No. 1083-23]
"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 Murrysville and held to be applicable to all users of the aforementioned public sanitary sewers. It shall be unlawful for any person, firm or corporation to dispose, permit, allow or cause to enter into the public sanitary sewers unacceptable sanitary sewage.
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 pre-public 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; 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.
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 Murrysville 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:
CERTIFICATION OF SEWER LATERAL
An official statement from the proper official of FTMSA stating that, after inspection, there are no known illegal storm 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 Murrysville.
EXEMPT TRANSACTIONS
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 (1) transfer between husband and wife incidental to a divorce; (2) transfer through a decree of distribution incidental to the administration of an estate; or (3) 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.
ILLEGAL STORM OR SURFACE WATER CONNECTIONS
Includes, but is not limited to the discharge of ground or surface water for the connection of downspouts, roof drainage, surface area drainage, or foundation or basement drainage into the sanitary sewer system.
INSPECTION METHOD
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.
MUNICIPAL LIEN LETTER
A written letter from the proper official of FTMSA 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.
STRUCTURALLY DEFECTIVE SEWER LATERAL
A sewer lateral that exhibits root intrusion, separated joint(s), broken pipe(s), cracks, inflow and/or infiltration of storm, spring 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, throughout Murrysville 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 re-tested, 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 re-tested 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:
A. 
Establishing acceptable forms of security or guarantee;
B. 
Acceptable testing methods;
C. 
Establishing the forms of applications, agreements, purchaser acknowledgements, and certifications;
D. 
A schedule of fees and costs necessary to enforce the terms, conditions, and provisions for testing.
Nothing in this article shall limit in any fashion whatsoever Murrysville's right or FTMSA's right to enforce any ordinance, resolution or law of Murrysville or FTMSA, the intent being that this article shall supplement already existing resolutions and ordinances dealing with the enforcement of sanitary sewer status within Murrysville. 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 ordinance.
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.