[HISTORY: Adopted by the Borough Council of the Borough of Dravosburg as indicated in article histories. Amendments noted where applicable.][1]
GENERAL REFERENCES
Uniform construction codes — See Ch. 120.
Grading, excavating and filling — See Ch. 163.
Stormwater management — See Ch. 255.
Streets and sidewalks — See Ch. 261.
Water — See Ch. 299.
Zoning — See Ch. 310.
[1]
Editor's Note: Ordinance No. 2010-09 provided for the approval of an agreement for the sale, transfer and conveyance as of 1-1-2011 of the Dravosburg Sanitary Sewer System and Wastewater Treatment Plant to the Municipal Authority of the City of McKeesport, and Ord. No. 2010-10 provided for the approval of an agreement to dissolve any agreements then in effect between the Borough of Dravosburg and the Dravosburg Housing Association that related to said sewer system and treatment plant. Complete copies of the ordinances are on file in the Borough offices.
[Adopted 2-18-2003 by Ord. No. 03-02]
A. 
The United States Environmental Protection Agency and the Pennsylvania Department of Environmental Protection have directed municipalities to take such steps as are necessary to eliminate sanitary sewer overflows or face civil penalties and other sanctions.
B. 
The Council of the Borough of Dravosburg has determined that inflows of stormwater, surface water, and other nonsanitary discharges into the sanitary sewer system may exceed the hydraulic capacity of the Borough's sanitary sewer system and cause or contribute to sanitary sewer overflows.
C. 
The Council of the Borough of Dravosburg has determined that inflows of stormwater, surface water and other nonsanitary discharges into the sanitary sewer system result in wasteful expenditures for wastewater treatment.
D. 
The Council of the Borough of Dravosburg has determined that it is in the best interest of the residents of the Borough to eliminate inflows of stormwater, surface water, and other nonsanitary discharges into the Borough sanitary sewer system.
E. 
The Council of the Borough of Dravosburg has expended funds in an effort to eliminate inflows of stormwater, surface water, and other nonsanitary discharges into the Borough sanitary sewer system.
F. 
The Council of the Borough of Dravosburg is desirous of continuing a program to identify and eliminate inflows of stormwater, surface water, and nonsanitary discharges into the Borough sanitary sewer system.
G. 
The Council of the Borough of Dravosburg has determined that the procedures, fees, and penalties provided by this article are necessary to achieve the purposes of this article.
After the effective date of this article, it shall be unlawful for any person to sell property without first delivering to the purchaser a certificate of compliance or temporary certificate of compliance. For purposes of this article, a sale of property shall include any conveyance or transfer whereby title is transferred from one person to another, but shall not include:
A. 
A refinancing where the holder of title remains unchanged; or
B. 
A transfer of title by operation of law following the death of the owner.
This article may be known and cited as the "Dye Testing Ordinance."
The following terms used in this article shall have the following meanings:
BOROUGH
The Borough of Dravosburg, Allegheny County, Pennsylvania.
BOROUGH LIEN LETTER
A written letter from the Borough certifying that the property is free from municipal liens and unpaid municipal taxes.
CERTIFICATE OF COMPLIANCE
An official writing issued by the Borough that dye testing has determined that there are no illegal connections in violation of this article.
COUNCIL
The governing body of the Borough of Dravosburg.
DATE OF SALE
The date of closing.
DYE TEST
Any dye test performed by a registered plumber whereby dye is introduced into the water collection system of a property to determine whether basement seepage, groundwater, downspout drainage, roof drainage, driveway drainage, or other surface water drainage is entering the sanitary sewer system.
[Amended 5-13-2003 by Ord. No. 03-04]
EVIDENCE OF COMPLIANCE
An official statement from the Borough stating that it has on file a written statement from a licensed plumber or approved home inspector that there are no illegal stormwater or surface water connections into the sanitary sewer connections which would violate municipal or county ordinances, the state statutes or municipal, county, or state plumbing regulations.
HOME INSPECTOR
A person registered with the Borough who performs stormwater dye tests.
ILLEGAL CONNECTIONS
Any connection or conveyance that allows the discharge of inflammable or volatile liquids, basement seepage, groundwater, downspout drainage, roof drainage, driveway drainage, or other surface water drainage into the sanitary sewer system.
MUNICIPAL LIEN LETTER
A written letter from the Borough concerning municipal liens and claims.
ORDINANCE COMPLIANCE OFFICER
That person, or those persons, designated by the Borough to administer and enforce all laws and ordinances of the Borough.
PERSON
Any person, partnership, association, syndicate, firm, corporation, institution, agency, authority, or entity recognized by law as the subject of rights and duties. The singular shall include the plural.
PROPERTY
Real property located within the Borough upon which a building or improvements exist.
TEMPORARY CERTIFICATE OF COMPLIANCE
A statement issued by the Borough pursuant to § 237-9 of this article.
Illegal connections are prohibited.
Persons owning property are required to maintain all private sanitary sewer laterals and sanitary sewer service connections in good repair.[1]
[1]
Editor's Note: Original Section 7, Dye testing by Borough, which immediately followed this section, was repealed 5-13-2003 by Ord. No. 03-04.
In the event that the Ordinance Compliance Officer identifies any illegal connections, leaking, deteriorating, or poorly constructed private sanitary sewer laterals and/or sanitary sewer service connections, the Ordinance Compliance Officer shall give written notice of same to the property owner and an order that such illegal connections be eliminated and/or that such leaking, deteriorating, or poorly constructed sanitary sewer laterals and/or service connections be, at the property owner's expense, repaired, replaced, or rehabilitated within 10 calendar days of the date of the notice and order. If the condition does not create a health hazard, the Ordinance Compliance Officer, upon request of the property owner, may once extend the ten-day deadline to 30 calendar days from the date of the notice and order.
A. 
At least 21 days prior to the sale of property, the seller (hereinafter, "applicant") shall apply to the Borough for a certificate of compliance, and which application for certificate shall be accompanied by a dye testing report performed by a registered plumber, who shall certify the dye testing results to the Borough. If the dye testing report identifies illegal connections, then the Borough shall notify applicant pursuant to § 237-7 of this article. If the dye testing report identifies no illegal conditions, then the Borough shall issue a certificate of compliance to applicant upon payment of a fee to the Borough as set from time to time by resolution of the Borough Council.
[Amended 5-13-2003 by Ord. No. 03-04][2]
[2]
Editor's Note: Original Section 9b, regarding dye testing, which immediately followed this subsection, was repealed 5-13-2003 by Ord. No. 03-04.
B. 
If a certificate of compliance for the property has been issued within the 10 years preceding the date of the application, the Ordinance Compliance Officer may waive the dye testing requirement if the Ordinance Compliance Officer inspects the property and finds no evidence of illegal connections. In this event, the Ordinance Compliance Officer may issue a certificate of compliance upon payment of a fee to the Borough as set from time to time by resolution of the Borough Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
When an illegal connection is discovered and activities necessary to correct the condition would require such a length of time as to create a practical hardship for the applicant, the applicant may apply to the Ordinance Compliance Officer for a temporary certificate of compliance, which may only be issued when the applicant provides the Borough with all of the following:
(1) 
Written explanation of the practical hardship;
(2) 
Cash security in an amount as set from time to time by resolution of the Borough Council;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(3) 
An executed agreement by the purchaser/transferee accepting responsibility for all costs in excess of the cash security; and
(4) 
An easement or other license executed by the purchaser/transferee allowing the Borough to enter upon the property and complete the work in case of default by applicant.
B. 
The Ordinance Compliance Officer shall determine in good faith based upon all the circumstances when such temporary certificate shall expire, and shall advise the applicant and the purchaser of the expiration date. If the temporary certificate of compliance should expire without all work having been completed, the cash security shall be forfeited to the Borough and the Borough may apply the cash security to complete the necessary work. If the remedial work is completed prior to the expiration date, the Borough shall return the cash security to the applicant or to his/her designee.
A request for lien letter must be accompanied by a valid certificate of compliance and the lien letter fee, all of which shall be delivered to the Borough at least seven business days prior to the day the lien letter is to be provided. Upon the request of a property owner or his/her agent, and subject to time availability as determined by the Borough in good faith based upon all the circumstances, the Borough may issue an expedited Borough lien letter on two business days' notice upon the payment of an expediting fee as set from time to time by resolution of the Borough Council, in addition to the lien letter fee.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The fees set forth in this article may be changed from time to time by resolution of the Borough Council.
Nothing in this article shall limit in any fashion whatsoever the Borough's right to enforce its ordinances or the laws of the commonwealth. Nothing in this article shall be a defense to any citation issued by any municipal corporation or the commonwealth pursuant to any law or ordinance.
It is unlawful for any person to refuse access to property for purposes of dye testing, to issue or obtain false dye testing results, or to procure a certificate of compliance under false pretenses. Any person violating these or any other provisions of this article shall, upon conviction, be subject for each violation to a fine of not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment for a term not to exceed 30 days, or, in the alternative, a penalty of not more than the maximum provided in other Borough or Pennsylvania laws that may apply. Once a person is notified of a violation of this article, each day that such violation occurs or continues shall constitute a separate violation. In addition to and not in lieu of the foregoing, the Borough may seek equitable and legal relief to compel compliance with this article.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Every owner of property in the Borough of Dravosburg, whose property abuts upon any public sanitary sewer presently constructed or to be constructed in the future, shall connect, at his own cost, the building, buildings, or other structures located on said property with the aforementioned sanitary sewers for the purpose of disposing of all sanitary sewage as is customarily disposed of in such a system of sanitary sewers.
B. 
All sewer connections shall comply with the provisions of this article, code or other ordinances of the Borough, specifications of the Borough Engineer, and all applicable provisions of the Allegheny County Plumbing Code and the rules and regulations of the Allegheny County Health Department and the Pennsylvania Department of Environmental Protection.
C. 
No more than one building shall be connected to a sewer through any one connection without the consent of Borough Council.
It shall be unlawful for any owner, lessee or occupier of any property in the Borough abutting on any line of the public sanitary sewer system to employ any means, either by septic tank, cesspool, privy tank, mine hole or otherwise, for the disposal of sanitary sewage, other than into and through said public sanitary sewers.
Where any structure in the Borough is now or hereafter may be using any method for the disposal of sanitary sewage other than through said public sanitary sewers, it shall be the duty of the Borough Secretary or other person authorized by the Borough Council 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 connections for the discharge and disposal of the sewage through the said public sanitary sewers as herein provided, within 60 days after receipt of such notice.
A. 
No privy vault, cesspool, septic tank, mine hole or similar receptacle for human excrement shall at any time, now or hereafter, be connected with the aforesaid public sanitary sewers.
B. 
No person shall connect roof downspouts, exterior foundation drains, drains or other sources of surface runoff of groundwater to any sanitary or combined sewer.
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 the Borough upon a permit form to be formulated and supplied by the Borough 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 the property.
B. 
He shall pay a permit fee in the amount established from time to time by resolution of Borough Council to the Borough at the time of making application for permission to make a connection.
C. 
The permit will only be issued following a review of the application to assure all other necessary Borough, county, state and federal approvals or permits have been obtained.
D. 
No work shall commence before the payment of the above permit fee and issuance of the aforementioned connection permit.
E. 
He shall give the designated inspector of the Borough at least 24 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.
F. 
That 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.
G. 
No person shall open any public street or sidewalk in the Borough for any sewer-related work without a street opening permit in accordance with Chapter 261, Streets and Sidewalks.
H. 
All work performed in connecting any property with a public sewer shall be at the expense of the person making the connection. All work and repairs to the street and sidewalks shall be done in accordance with Borough specifications and under the supervision of the Borough Engineer or other designated employee. Any work within the right-of-way of a public street shall be performed by a registered master plumber and comply with the requirements of the Allegheny County Health Department.
I. 
No sewer shall be laid on any premises or house connection without a trap, said trap to be placed between the house and the first branch or opening, and shall be vented to three inches above the ground and be capped.
J. 
Interceptors for oil, grease, sand and other substances harmful or hazardous to the building drainage system, the public sewer or sewage treatment plant or processes shall be provided as required by Section 1004 of the International Plumbing Code, 1995 edition.
The construction of all building sewer lines or house service sewers shall be done in accordance with the specifications, plans and procedures established by the Borough, as the same may be from time to time published and amended, copies of which shall be maintained on file with the Borough Secretary.
The discharge of industrial wastes into the sewer system, without the prior written consent of the Borough, is hereby prohibited. Any industrial establishment desiring to discharge industrial wastes into the sewer system shall make application to the Borough for a permit therefor. The applicant for such permit shall furnish the Borough with such information as is required for the purpose of determining whether the proposed discharge of industrial wastes will conform with the requirements of the rules and regulations for the sewer system of the Borough. The granting of such permit may be made contingent upon the applicant providing and maintaining, at the expense of the applicant, apparatus for regulating the rate of discharge and/or pretreating such wastes prior to discharge in accordance with national categorical pretreatment standards and for the proper sampling thereof, from time to time, as the Borough may deem necessary.
A. 
Prohibited discharges.
(1) 
No cellar seepage, french drain, oils, tar, grease, gasoline, combustible gases or liquids, garbage or insoluble solids or any substance that would impair or interfere with the sewer system, or any part thereof in any manner, or with the function of the processes of sewage treatment, shall be discharged into the sewer system.
(2) 
No person shall discharge or cause to be discharged into the sewer system any ashes, cinders, sand, mud, straw, hay, shavings, metal, glass, scrape, rags, feathers, plastics, wood or any viscous substance capable of causing obstruction to the flow in the sewer system or other interference with the proper operation of the sewer system or the processes of sewage treatment. It shall be unlawful to discharge into the sewer system the following:
(a) 
Mineral acids, waste acid, pickling or plating liquids from the pickling or plating of iron, steel, brass, copper or chromium, or any other dissolved or solid substances which will endanger health or safety, interfere with the flow in sewers, attack or corrode sewers or sewage structures or equipment or otherwise interfere with the operation of the sewers or other facilities of the Borough.
(b) 
Cyanides or cyanogen compounds capable of liberating hydrocyanic gas on acidification.
(c) 
Fats, entrails and the like from meat processing plants, rendering plants and similar industries and establishments.
(d) 
Gas, tar, phenols, residues from petroleum storage, refining or processing, fuel or lubricating oil, gasoline, naphtha, benzene or explosive or inflammable liquids, solids or gases.
(e) 
Ashes, cinders, sand, mud, lime or acetylene sludges, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, sawdust, paunch manure, hair, hides, dead animals, spent mash and grain, pulp from food processing, water or wastes containing grease in excess of 100 parts per million, or any other solids or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the facilities of the Borough or the Sanitary Authority.
(f) 
Sludges or other materials from septic tanks or similar facilities or from sewage or industrial waste treatment plants or from water treatment plants.
(g) 
Water or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the Borough or the Sanitary Authority.
B. 
Required discharges. All sewage discharged into the sewer system shall meet the following requirements:
(1) 
The five-day biochemical oxygen demand (BOD) shall not exceed 400 parts per million by weight (PPM).
(2) 
The suspended solids (SS) shall not exceed 400 parts per million by weight (PPM).
(3) 
The total other soluble grease (grease, fats or oils) shall not exceed 25 parts per million by weight (PPM).
(4) 
The sewage shall be free of any corrosive, volatile, suffocating, inflammable or explosive liquids, solids, vapor, or gas, such as gasoline, benzene, naphtha or fuel oil.
(5) 
The sewage shall be free of unshredded garbage.
(6) 
The use of garbage grinders is restricted to single-family residences or their equivalent in number of persons housed. Grinders are specifically prohibited in hotels, restaurants, clubs, dormitories, boardinghouses of more than seven rooms, apartment houses except where installed in individual apartments; and in retail or wholesale food stores or any similar establishments where food is processed or prepared for group feeding larger than single-family units.
(7) 
The pH (hydrogen ion concentration) of the sewage shall be between 4.5 and 9.0.
(8) 
The sewage shall be free of toxic or poisonous substances in quantities sufficient to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving stream of the sewage treatment plant.
If the owner or owners of any occupied building or buildings in the Borough shall neglect or refuse to comply with the provisions of this article or the written notice as prescribed in § 237-16 hereof, the Borough of Dravosburg 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 incident thereto, which sum shall be collected from said owner or owners for the use of the Borough as debts are by law collectible, or the said Borough may, by its proper officer or agent, file a municipal claim or lien therefor against said premises as provided by law.
In addition to any penalty hereinabove prescribed, any person, firm or corporation failing to make a proper connection within 60 days after receipt of notice as provided hereunder shall be fined $1,000, or violating any of the other provisions of this article shall, upon conviction thereof before a District Justice, be fined not less than $500 nor more than $1,000, and, in default of payment or payments thereof, be sentenced to undergo an imprisonment of not less than five days nor more than 30 days in the county jail.
A. 
Owners and occupants of property shall be jointly and severally liable for the payment of sewage fees established by this article. Fees are in an amount established from time to time by resolution of Borough Council.
B. 
Sewage fees shall be billed to and paid by owners and occupants of property in accordance with this section.
C. 
Owners and occupants of property may agree as between themselves who is to be initially responsible to pay the sewage fee established by this article.
D. 
Unless the Borough is notified to the contrary at least 30 days prior to the date on which the bill is to be mailed or otherwise delivered, the following shall apply:
(1) 
The sewage fee bill shall be mailed or otherwise delivered initially to the owner of the property, who shall pay the bill within the time established by this section.
(2) 
If the owner of the property does not pay the bill within the time limits established by this section, then the sewage fee bill shall be mailed or otherwise delivered to the occupant, who shall pay the bill within the time established by this section.
E. 
If the owner and occupant agree that the occupant is to be initially responsible to pay the bill and want the Borough to bill the occupant initially, then the owner or occupant shall deliver to the Borough Secretary a writing, signed by the occupant, and stating the occupant's name, address and telephone numbers at which the Borough may contact the occupant to confirm the agreement.
F. 
If the owner or occupant delivers to the Borough Secretary the writing at least 30 days before the date on which the bill is to be mailed or otherwise delivered, then:
(1) 
The sewage fee bill shall be mailed or otherwise delivered initially to the occupant of the property, who shall pay the bill within the time established by this section.
(2) 
If the occupant of the property does not pay the bill within the time limits established by this section, then the sewage fee bill shall be mailed or otherwise delivered to the owner, who shall pay the bill within the time established by this section.
G. 
The owner of the property shall provide the Borough Secretary the names, addresses and telephone of all occupants of the property within 30 days of the earlier of the effective date of this section or the occupant's entering the property.
H. 
The sewage fee bill is due and payable within 30 days of the date of mailing or other delivery.
I. 
If the sewage fee bill is not paid within 30 days of the date of mailing or other delivery, then a penalty of 10% of the amount owed, and the unpaid amount, shall be subject to interest at the rate of 12%.
J. 
Payments on account of sewage bills shall be applied first to arrearages, if any, then to outstanding interest charges, if any, then to outstanding penalty charges, if any, and then to the current bill.
The sewage charges imposed hereby shall be a lien on the properties served, and such liens may be filed in the office of the Prothonotary and collected in the manner provided by law for the filing and collection of municipal claims.
If the sewage fee bill is not paid in full within time established by § 237-24H, then the water at any premises within the Borough of Dravosburg owned by any person responsible to pay the sewage fee bill under § 237-24 may be shut off until all overdue sewage fees, together with penalties, interest and any other charges imposed under this code, shall be paid in accordance with Ordinance No. 570, as amended.
A. 
Debts recoverable. All fees, fines and penalties imposed by this article shall be recoverable by the Borough of Dravosburg as other debts are recoverable.
B. 
Collection costs as added costs. If, for any reason, the tax or fee (whichever is applicable) is not paid when due, in addition to any interest and penalties applicable thereto, the person or persons liable therefor shall also be liable for all costs of collection, including but not limited to attorney's fees, collection fees, whether a flat fee, percentage fee or hourly fee, administrative costs of collection and billing, and all other fees and costs charged to or incurred by the Borough of Dravosburg.
A. 
Adoption of policy. The Borough herby adopts the Combined Sewer Overflow Policy attached hereto as Exhibit 1.[1]
[1]
Editor's Note: Exhibit 1 is included at the end of this chapter.
B. 
NPDES permit. The Borough Solicitor and Borough Engineer are authorized to take all actions necessary to apply for and obtain a national pollutant discharge elimination system permit for each CSO within the Borough.
C. 
Additional long-term plans. The Borough Solicitor and Borough Engineer are authorized to communicate and meet with all necessary parties to develop a long-term characterization, monitoring and modeling plan and long-term combined sewer overflow control plan, said plans being subject to future approval by the Borough Council.
D. 
MS4 stormwater regulations. The Borough Solicitor and Borough Engineer are authorized to take all actions necessary to implement actions required to allow the Borough of Dravosburg permission to discharge stormwater from the municipal separate storm sewer system (MS4) in accordance with its general NPDES permit.
See the current long-term control plan (LTCP) on file at the municipal building.