[Adopted 6-28-2004 by Ord. No. 806]
As used in this article, the following terms
shall have the meanings indicated:
An official statement from BASA[1] stating that there was, at the time of inspection and
testing, no evidence of any illegal stormwater and surface water connections
and infiltration of groundwater or subsurface waters on the specific
property which is being sold, transferred, assigned, mortgaged or
refinanced.
The connection or presence of any basement seepage, stormwater,
surface water, drains, down spouts, roof drainage, or infiltration
of ground or subsurface waters into the sanitary sewer system.
A written letter from officials of BASA[2] concerning municipal liens for public sanitary sewer service
and charges related thereto.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
As defined under the Pennsylvania Sewage Facilities Act,
35 P.S. § 750.2, any substance that contains any of the
waste products or excrement or other discharge from the bodies of
human beings or animals and any noxious or deleterious substances
being harmful or inimical to the public health, or to animal or aquatic
life, or to the use of water for domestic supply or for recreation,
or which constitutes pollution under the Act of June 22, 1937 (P.L.
1987, No. 394, also known as the Clean Streams Law, as amended, 35
P.S. § 691.1 et seq.).
Any commonly accepted method of testing and inspection wherein
a television camera, dye and/or smoke is introduced into the stormwater,
surface water, groundwater or subsurface water collection system,
down spouts or sanitary sewer lateral connection of real estate property
to determine if any illegal stormwater or surface water or infiltration
of groundwater or subsurface water is entering the sanitary sewer
system.
The Township has, by Ordinance No. 783,[1] designated BASA,[2] its officers, employees and agents, as agents for the
Township to identify, report and require the disconnection of any
illegal stormwater and surface water connections and infiltration
of groundwater or subsurface waters, at any time prior to or from
the effective date of this article, to the BASA sanitary sewer system,
and for such purpose, BASA, its officers, employees and agents are
authorized to enforce, consistent with this article and the ordinances
in effect within the Township with respect to illegal stormwater and
surface water connections and infiltration of groundwater or subsurface
water to the sanitary sewers. BASA shall report to the Township all
enforcement measures undertaken within the Township which are directed
to an owner, lessee or occupier of realty situate in the Township.
After the effective date set forth in § 224-42 of this article, it shall be unlawful for any person: a) to sell or transfer any real estate within the Township of Butler on which a building or improvement exists which is connected to the BASA sanitary sewer system, when such sale or transfer is subject to taxation under the Realty Transfer Tax Act, 72 P.S. § 8101-C et seq., and the corresponding regulations of the Department of Revenue; or b) to mortgage or refinance any real estate within the Township of Butler on which a building or improvement exists which is connected to the BASA sanitary sewer system when such mortgage or refinancing is for the purpose of acquiring title to, or improving, modifying, repairing or rehabilitating any such real estate which requires a building permit under the Township's Building Code,[1] without first delivering to the purchaser, transferee
mortgagee or person or institution providing financing or refinancing,
a document of certification from the proper officials of BASA.
A.Â
Any person selling, transferring, mortgaging or refinancing real estate located within the Township of Butler (hereinafter "applicant") and subject to the requirements set forth in § 224-31 above shall make application on a form furnished by the BASA at least 14 days before the date of sale, transfer, mortgaging or refinancing, together with payment of a fee to be set by the Township by resolution of the Board of Commissioners. BASA shall schedule, within 14 days of receipt of the application, an inspection and televising, dye and/or smoke test on the property to be sold, transferred, mortgaged or refinanced, said televising, dye or smoke testing to involve the use of nontoxic, nonstaining dye or smoke. BASA shall complete the appropriate portions on the form that the property lateral and facilities have been inspected, televised, dye and/or smoke tested and certify the results of such test. In the event that there was, at the time of inspection and testing, no evidence of illegal connections, devices, or conditions causing or permitting stormwater or surface water, or infiltration of groundwater or subsurface waters, to enter the sanitary sewer system, BASA shall issue a document of certification.
B.Â
When an illegal connection, device, or condition which
causes or permits stormwater or surface water or the infiltration
of groundwater or subsurface water to enter into the BASA sanitary
sewer system is discovered by the means of the above-mentioned inspection
and testing, no document of certification will be issued until the
illegal connections, devices, or conditions are removed, inspected
and approved by BASA. BASA shall have the authority to permit BASA
and the applicant, purchaser, transferee, mortgagor, mortgagee and
any other appropriate person to enter into an escrow agreement to
provide adequate assurance to BASA that the necessary actions will
be taken to remove the illegal connection, device, or condition and
to eliminate the illegal stormwater and surface water connections
and infiltration of groundwater or subsurface waters from entering
into the BASA sanitary sewer system.
C.Â
Testing will not be required when the application
process reveals that a valid document of certification with respect
to the specific tax parcel has been issued by BASA in accordance with
this article within a period of five years from the date of application.
In addition to the requirements set forth in §§ 224-31 and 224-32 of this article of the Township, any person selling, transferring, mortgaging or refinancing real estate located within the Township which is connected to the BASA sanitary sewer system must subject such person's real property to prior inspection, including inspection of interior premises of any building or residence, by authorized representatives of BASA, between the hours of 7:00 a.m. and 9:00 p.m., prevailing time, and upon seven days' written advance notice to the person selling such real estate, to determine the presence of any illegal connection, device (e.g., a sump pump), or condition, which causes or permits stormwater or surface water or the infiltration of groundwater or subsurface water to enter into the BASA sanitary sewer system. Such person shall not be issued a document of certification until:
A.Â
Such inspection
and testing has been performed and has revealed no evidence that a
connection, device, or condition exists which causes or permits storm
or surface water or the infiltration of groundwater or subsurface
water to enter into the BASA sanitary sewer system and a follow-up
inspection verifies that such connection, device or condition found
to be previously in operation or existence has been disconnected and
removed; or
B.Â
An escrow
agreement satisfactory to BASA has been executed and a follow-up inspection
of the illegal connection, device or condition identified in such
agreement verifies that such connection, device or condition found
to be previously in operation or existence has been disconnected and
removed.
BASA is authorized in the course of its program
of inspection and testing privately and publicly owned facilities
within the Township, when it identifies deteriorating sewer service
laterals or other connections, devices or conditions which cause or
permit inflow of stormwater and surface waters or infiltration of
groundwater or subsurface waters into the publicly owned facilities
of the BASA sanitary sewer system, to provide written notice to the
property owner or owners as to the condition of such laterals and
sewer service connections, devices or conditions, together with a
statement that such deteriorating laterals and sewer service connections,
devices or conditions, must, at the property owner's expense, be promptly
repaired, replaced or rehabilitated. A copy of all written reports
of deteriorating laterals and sewer service connections shall be kept
on file and shall be used in determining whether certificates can
issue.
A.Â
BASA, its officers, employees and agents, in performing
its duties and authorized functions under this article, shall be empowered,
subject to the requirements set forth below, to enter upon any private
property at all reasonable times between the hours of 7:00 a.m. and
9:00 p.m., prevailing time, with seven days' written advance notice
to the owner, lessee or occupier (unless exigent circumstances require
otherwise) for the purpose of obtaining information, conducting routine
or systemic inspections, and televising, dye and/or smoke testing,
and/or enforcing this article, and shall have only those powers expressly
set forth in this article and in other ordinances of the Township
or provided by law to perform its functions consistent with such ordinances
and laws. BASA shall first seek permission from the owner, lessee
or occupier of such real estate to enter upon the property to obtain
information, conduct inspections and/or enforce this article. In the
event that permission is not granted by the owner, lessee or occupier
of the property, BASA shall make appropriate application to the Court
of Common Pleas for authorization to enter upon the property for such
purposes.
B.Â
In the event the owner of the premises is unable or
fails to effect the necessary remedial work within the time permitted,
including any extension thereof, or BASA determines that a public
health hazard exists, BASA may undertake to have the necessary remedial
work completed by its employees or a third party at the expense of
the owner, lessee or occupier of the premises, and to make any necessary
arrangements for the payment of such work by the owner, lessee or
occupier of the premises on an installment basis, which arrangements
shall be mutually satisfactory to the owner, lessee or occupier. Under
such circumstances, in the event satisfactory arrangements are not
agreed upon by the BASA and the owner, lessee or occupier, the BASA
may file a lien against such property.
C.Â
BASA is hereby authorized to conduct, by written advance
notice, random and/or periodic inspection and televising, dye and/or
smoke testing, and any other appropriate test or inspection, without
cost to the residents of the Township, of all existing sanitary sewer
systems and structures in the Township for compliance with this article
and other laws pertaining to sanitary sewer systems and structures.
Such testing will not be required when the owner, lessee or occupier
of the land produces a valid document of certification issued by BASA
in accordance with this article, which document of certification shall
be sufficient proof of compliance for purpose of this article, for
a period of two years from the date of issuance.
D.Â
When illegal stormwater or surface water connections
or infiltration of groundwater or subsurface water or conditions have
been discovered, all necessary remedial work to correct such connection
shall be completed by the owner, lessee or occupier of the premises,
weather permitting, within 60 days of the date such party receives
notification of the illegal device, connection or condition.
E.Â
In the event the necessary remedial work would create
extraordinary economic hardship for the owner, lessee or occupier
of the premises, application may be made to BASA for an extension
of up to an additional six months to complete said remedial work.
An extraordinary economic hardship shall be determined by the Board
of BASA, upon consideration of the cost of the remedial work, the
financial means of the owner(s) and other factors which the Board
may determine to be relevant.
F.Â
BASA shall also have the power to institute suit in
equity to restrain, prevent, remove or correct any connection, device,
or condition from and/or to the sanitary sewer system.
The powers conferred by the within article of
the Township shall be in addition to and not in substitution for any
other powers conferred upon BASA to enforce and require the elimination
of illegal stormwater and surface water connections or infiltration
of groundwater or subsurface water to the BASA sanitary sewer system.
A.Â
BASA is hereby authorized, empowered and directed
to make rules and regulations for the operation and enforcement of
this article as it deems necessary, which shall include, but not be
limited to:
B.Â
In the event that BASA determines that any rule or
regulation is required, it shall give the Township at least 60 days'
written notice prior to its adoption and implementation by the BASA
Board.
Nothing in this article shall limit, in any
fashion whatsoever, the Township's rights to enforce its ordinances
or the laws of the Commonwealth of Pennsylvania. Nothing in this article
shall be a defense to any citation issued by any municipal corporation
or the commonwealth pursuant to any other law or ordinance.
A.Â
Any person, firm, corporation or entity which is found
to have violated any sewage-related Township ordinance enforced by
BASA and/or the Township or who willfully violated or failed to comply
with any provision of this article and the orders, rules, regulations
and permits issued hereunder, shall pay a fine of not less than $100
or no more than the maximum penalty set forth in the Pennsylvania
Sewage Facilities Act, 35 P.S. § 750.13, following adjudication
by a Judge of the Court of Common Pleas for each violation. Each day
on which a violation shall occur or continue to occur shall be deemed
a separate and distinct violation. In addition to the penalties provided
herein, BASA and the Township may recover penalties, damages, costs,
reasonable attorneys' fees, court costs, court reporters' 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.
B.Â
BASA shall also have the power to institute suit in
equity to restrain, prevent or correct any illegal connection, device,
or condition which causes or permits stormwater or surface water or
the infiltration of groundwater or subsurface water to enter into
the BASA sanitary sewer system.
C.Â
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 of rehabilitation identified by written notice
as herein provided, BASA shall have the right to enter onto the subject
property to conduct the necessary work to bring the property into
compliance with this article at the expense of the property owner,
and further, upon failure of the property owner to pay said expense,
BASA shall have the right to file a lien against the subject property
for the amount of said expense, together with the costs of filing
and perfecting such lien.
D.Â
Any applicant, purchaser, transferee, mortgagor, mortgagee
or other person aggrieved by an initial determination by BASA personnel
that an illegal connection, device or condition exists on real estate
shall be permitted to file a request for a hearing before the Butler
Area Sewer Authority's Board of Appeals. Any request for a hearing
must be received by BASA within 30 days of the date of BASA's notification
to the applicant, purchaser, transferee, mortgagor, mortgagee or other
person that an illegal connection, device or condition exists. The
hearing before the Board of Appeals shall be governed by applicable
provisions of the Local Agency Law, 2 Pa.C.S.A. § 101 et
seq., 2 Pa.C.S.A § 751 et seq., and a right of appeal from
the determination of the Board of Appeals shall be permitted in accordance
with the Local Agency Law.
E.Â
The Board of Appeals shall be empowered solely to
determine whether or not any illegal connection, device or condition
exists on the property. The Board of Appeals shall consist of two
available members of the BASA Board and a third member appointed to
the Board of Appeals by the governing body of the municipality wherein
the property which is the subject of the appeal is situated. If any
municipality does not appoint a member to the Board of Appeals, a
vacancy exists in any such appointment, or a member appointed is otherwise
not available, the third member of the Board of Appeals shall be a
member appointed by another municipality within the service area of
BASA, or if no such member is available, the third member of the Board
of Appeals shall be an available member of the BASA Board. No appointee
of any municipality to the Board of Appeals shall be involved in any
inspection of property on behalf of the municipality or be engaged
in the business, trade or occupation of performing plumbing or sewer
line installation or repairs.
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
hereby.
Any ordinance or part of any ordinance conflicting
with the provisions of this article be and the same are hereby repealed
to the extent of such conflict.
