[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:
This article may be known and cited as the "Dye
Testing Ordinance."
The following terms used in this article shall
have the following meanings:
The Borough of Dravosburg, Allegheny County, Pennsylvania.
A written letter from the Borough certifying that the property
is free from municipal liens and unpaid municipal taxes.
An official writing issued by the Borough that dye testing
has determined that there are no illegal connections in violation
of this article.
The governing body of the Borough of Dravosburg.
The date of closing.
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]
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.
A person registered with the Borough who performs stormwater
dye tests.
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.
A written letter from the Borough concerning municipal liens
and claims.
That person, or those persons, designated by the Borough
to administer and enforce all laws and ordinances of the Borough.
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.
Real property located within the Borough upon which a building
or improvements exist.
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.
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;
(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.
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.
[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.
