[Adopted 6-4-2012 by Ord. No. 413; amended 2-1-2016 by Ord. No. 441]
A. 
The McCandless Township Sanitary Authority (hereinafter "the McCandless Authority") and Marshall Township (hereinafter "the Township") have entered into an Intermunicipal Agreement, dated as of December 21, 1970 (the "1970 Agreement") in which the Township and the McCandless Authority agreed that the McCandless Authority would provide sanitary sewage service to certain areas of the Pine Creek Drainage Area and the Big Sewickley Watershed Area of the Township as more fully described in said 1970 Agreement.
B. 
The Township and the McCandless Authority have also entered into an Amendment to the 1970 Agreement dated as of May 1, 1974 (the "1974 Amendment") which modifies the 1970 Agreement with respect to the sanitary sewage service situated within the Township to be served by the McCandless Authority.
C. 
On November 29, 2001, the Township and the McCandless Authority entered into an Amendment to the 1974 Agreement (the "2001 Amendment") which transferred sanitary sewage service rights in the Valley Watershed held by the McCandless Authority back to the Township.
D. 
The Township and the McCandless Authority have also entered into an Intermunicipal Agreement, dated as of January 1, 2008 (the "2008 Agreement") with the McCandless Authority in which the McCandless Authority requested that within three years of the effective date of said Intermunicipal Agreement, the Marshall Authority request the Township-to enact a dye-test ordinance requiring all customers within the McCandless Service Area, as defined in this Article IV, to have performed on their premises a dye-test to identify any unauthorized connections, with said test to be conducted prior to any sale or transfer of such premises.
E. 
The Township enacted the dye testing ordinance required by the 2008 Agreement on June 4, 2012, and it is hereby amended pursuant to an ordinance adopted on February 1, 2016.
A. 
After the effective date of this Article, it shall be unlawful for any person to sell, transfer or assign any real estate within the McCandless Service Area on which a building or improvement exists that is connected to public sanitary sewers owned and operated by the McCandless Authority, without first delivering to the purchaser, transferee or assignee a document of certification or a temporary document of certification obtained from the McCandless Authority.
B. 
For any real estate within the McCandless Service Area on which a building or improvement exists that is connected to a public sanitary sewer owned and operated by the Marshall Authority which real estate has been sold, transferred or assigned within 18 months prior to the date of entry into a new contract for sale, transfer or assignment of the same real estate, the seller shall only be required to have an interior test (defined in Section 157-39) performed and obtain a document of certification that an interior test has been successfully passed with respect to such initial new sale, transfer or assignment. With respect to any other sale, transfer or assignment of the same real estate within said 18 month period or thereafter, the seller shall have both interior and exterior tests (defined in Section 157-39) performed and a complete new document of certification shall be required.
Any person selling, transferring or assigning real estate located within the McCandless Service Area ("Applicant") shall make application to the Marshall Authority or the Township's designated agent for a document of certification on the then required form, which application shall be made at least 14 days before the date of the proposed sale, transfer or assignment. The Applicant shall then request the Marshall Authority or the Township's designated agent to perform a visual inspection and dye testing on the property to be sold, transferred or assigned to determine if any interior sumps or drains ("Interior Test") or any downspouts and area or outside drains ("Exterior Test") are illegally connected to the sanitary sewer system. Upon completion of the dye testing, the Marshall Authority or the Township's designated agent shall certify the results of each test to the Township. In the event that there are no illegal storm sewer or surface water connections, the Township shall issue the document of certification to the Applicant upon payment of the amount determined by the rules and regulations of the Township.
When an illegal storm or surface connection is discovered by the means of the above-mentioned dye testing, no document of certification will be issued until the illegal connection is removed and subsequently inspected and approved by the McCandless Authority.
In the event it is determined from a dye test that there is an illegal connection of storm water or surface water from Applicant's property, then Applicant shall redirect such storm or surface water in compliance with Chapter 165 of the Marshall Township Code of Ordinances, Stormwater Management, as amended and any applicable stormwater management plan. If a storm water management plan is not in existence then the Township shall determine how stormwater surface water is to be redirected.
The McCandless Authority is hereby authorized, empowered, and directed to make rules and regulations for the implementation of this Article IV regarding the following:
A. 
Form of application for the document of certification and the temporary document of certification, including any purchaser acknowledgement.
B. 
Terms and conditions for temporary document of certification.
C. 
Establishment of acceptable forms of security or guarantees for temporary documents of certification.
D. 
Time and circumstances of dye testing.
E. 
Use of tests other than dye tests.
F. 
Fees for the application for a document of certification or a temporary document of certification.
G. 
Such other rules and regulations as are necessary for the operation and enforcement of this Article as approved by the Township and the Marshall Authority.
The Township is hereby authorized, empowered and directed to make rules and regulations for the enforcement of this Article IV as it deems necessary.
A. 
Any person who violates Section 157-38 of this Article shall for every offense, be fined not more than $1,000 together with costs, or shall be imprisoned for not more than 90 days, or both, at the discretion of the District Justice.
B. 
The Township is authorized to issue orders to correct any violation of this Article.
C. 
Any person, firm or corporation which is found to have violated any order of the Marshall Authority or the Township issued pursuant to this Article, shall pay a fine of $1,000 following adjudication by a Magisterial District Judge for each violation. Each day on which a violation shall occur or continue to occur shall be deemed a separate and distinct violation.
D. 
In addition to the penalties provided herein, the Township may recover penalties, damages, costs, reasonable attorney fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person or user found to have violated this Article or the orders, rules, regulations, and permits issued hereunder.
E. 
Upon final adjudication that a violation of this Article exists and refusal or failure to act by the property owner to undertake the repair, replacement or rehabilitation identified by written order as herein provided, the Township shall have the right to enter onto the subject property to conduct the necessary work to bring the property into compliance at the expense of the property owner, and further, upon the failure of the property owner to pay said expense, the Township shall have the right to file a lien against the subject property for the amount of said expense, together with costs of filing and perfecting such lien.
Nothing herein shall authorize the McCandless Authority to enter upon any private real estate, except for the purpose of conducting the dye test provided for herein.
It is the express intent of the Township that the provisions of this Article are severable. If any section, subsection, sentence, clause, or phrase of this Article or the regulations adopted by the Authority pursuant thereto shall be held to be illegal, invalid, or unconstitutional, the remaining provisions of this Article or said regulations shall not be affected or impaired.
This Article shall not preclude the Township or the Marshall Authority from conducting dye testing or other testing or inspection, or implementing a program of dye testing or inspection, within the McCandless Authority Service Area for purposes of discovering or locating the inflow of surface storm water to the McCandless Authority's sanitary sewer system.