Borough of Zelienople, PA
Butler County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Zelienople as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Western Butler County Authority — See Ch. 10, Art. II.
Subdivision and land development — See Ch. 240.
[Adopted 4-4-1977 by Ord. No. 566 (Ch. 18, Part 1, of the 1995 Code)]

§ 202-1 Connection required.

Every owner of property in the Borough of Zelienople whose property abuts upon any public sanitary sewer, including combined sewers, presently in existence or to be constructed in the future by Western Butler County Authority 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.

§ 202-2 Unlawful means of disposal.

It shall be unlawful for any owner, lessee or occupier of any property in the Borough 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.

§ 202-3 Notice of unlawful disposal.

Where any house, building or structure in the Borough 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 sewers, it shall be the duty of the Borough Manager/Secretary or the authorized representative of Western Butler County Authority (hereinafter called the "Authority") 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 the 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 the Borough or the Authority 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 the Borough or the Authority 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 stated later date within the said six months' extension period.

§ 202-4 Unlawful connections.

No privy vault, cesspool, septic tank, mine hole or similar receptacle for human excrement shall at the present time or any time hereafter be connected with the aforesaid public sanitary sewers.

§ 202-5 Unlawful discharge of stormwater and wastes.

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 issued. The prohibition as to roof drains, stormwater, foundation drain water, spring water and surface water set forth in this section shall not apply to combined sewers.

§ 202-6 Conditions required for connection; permit and fee.

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 or to the Authority, as the Borough's agent, upon a permit form to be formulated and supplied by the Borough or the Authority 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 to the Authority the required tap connection fee established by said Authority for each building unit on each property connected to the aforementioned public sanitary sewers at the time of making application for permission to make such connection or connections.
C. 
No work shall commence before the payment of the aforesaid tap connection fee and issuance of the aforementioned connection permit.
D. 
He shall give the designated inspector of the Borough or the Authority 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 permittee.
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.

§ 202-7 Manner of construction.

The construction and number and size of all building sewer lines or house service sewers shall be done in accordance with the specifications, plans and procedures established by the Borough and the Authority in the sewer system rules and regulations, as the same may be from time to time published and amended, copies of which, upon adoption, shall be maintained on file with the Borough Manager/Secretary and the Authority.

§ 202-8 Rights reserved by Borough.

If the owner or owners of any occupied houses, buildings or structures in the Borough shall neglect or refuse to comply with the provisions of this article or the written notice as prescribed in § 202-3 hereof, the Borough or the Authority 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 the Borough or the Authority as debts are by law collectible, or the Borough or the Authority, as its agent, may, by its proper officer, file a municipal claim or lien therefor against said premises as provided by law.

§ 202-9 Unacceptable sanitary sewage.

Unacceptable sanitary sewage and other terms used herein for purposes of this article shall have the same definition as those which are set forth in the sewer system rules and regulations, said rules and regulations to be applicable to all users of the aforementioned public sanitary sewer.

§ 202-10 Violations and penalties.

[Amended 8-21-1995 by Ord. No. 712; 12-11-1995 by Ord. No. 715]
In addition to any penalty hereinabove prescribed, any person, firm or corporation who shall violate any provision of this article or shall fail to make a proper connection within the time specified after receipt of proper notice as provided herein shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.
[Adopted 11-9-1998 by Ord. No. 729 (Ch. 18, Part 2, of the 1995 Code)]

§ 202-11 Definitions.

As used in this article, the following terms shall have the meanings indicated:
DOCUMENT OF CERTIFICATION; EVIDENCE OF COMPLIANCE
An official statement from the Western Butler County Authority stating that there are no illegal stormwater or surface water connections into the sanitary sewer system on the specific property which is being sold, transferred, assigned, mortgaged or refinanced.
DYE AND/OR SMOKE TEST
Any commonly accepted method of testing wherein dye and/or smoke is introduced into the stormwater, surface or subsurface water collection system and downspouts of real estate property to determine if any illegal stormwater or surface water is entering the sanitary sewer system.
ILLEGAL STORMWATER OR SURFACE WATER CONNECTIONS
The connection of any basement seepage, surface water, subsurface drains, downspouts, roof drainage or surface areaway drainage into the sanitary sewer system.
MUNICIPAL LIEN LETTER
A written letter from the proper official of the Western Butler County Authority 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.
TEMPORARY DOCUMENT OF CERTIFICATION
A temporary statement of certification from the proper official of the Western Butler County Authority, issued pursuant to the terms of § 202-15 of this article.

§ 202-12 Designation of the Western Butler County Authority as agent for Borough of Zelienople.

The Borough of Zelienople hereby designates the Western Butler County Authority, its officers and employees, as an agency authorized by the Borough to identify, report and require disconnection of any illegal stormwater or surface water connections made (described § 202-11) at any time prior to or from the effective date of this article to the Western Butler County Authority sewer system or other public sewer system, and for such purpose the Western Butler County Authority is authorized to enforce, consistent with the ordinances in effect within the Borough and the provisions of this article with respect to illegal stormwater and surface water connections to the Western Butler County Authority sewer system. The Western Butler County Authority shall report to the Borough all enforcement measures proposed within the Borough pursuant to ordinances concurrently with the undertaking of such enforcement action.

§ 202-13 Sale, transfer, assignment, mortgaging or refinancing without evidence of compliance prohibited.

After the effective date of this article, it shall be unlawful for any person to sell, transfer, assign, mortgage or refinance any real estate within the Borough of Zelienople on which a building or improvement exists without first delivering to the purchaser, transferee, assignee, mortgagee or person or institution providing refinancing a document of certification or a temporary document of certification from the proper officials of the Western Butler County Authority.

§ 202-14 Evidence of compliance; document of certification; application.

Any person selling, transferring, assigning, mortgaging or refinancing real estate located within the Borough of Zelienople, hereinafter "applicant," shall make application on a form furnished by the Western Butler County Authority at least 14 days before the date of sale, transfer, assignment, mortgaging or refinancing. The applicant shall then have the Western Butler County Authority perform a dye test and/or smoke test on the property to be sold, transferred, assigned, mortgaged or refinanced, said smoke test to involve the use of nontoxic, nonstaining smoke, which is forced through the real estate sewer system by the use of air blowers. The Western Butler County Authority shall complete the appropriate portions on the form that the property has been dye tested and/or smoke tested and certify the results of such test. In the event that there are no illegal stormwater or surface water connections, the Western Butler County Authority or its designate shall issue a document of certification upon the payment of $15. When an illegal stormwater or surface water connection is discovered by the means of the above-mentioned testing, no document of certification will be issued until the illegal connections are removed, inspected and approved by the Western Butler County Authority.

§ 202-15 Temporary document of certification.

A temporary document of certification may be used at the Western Butler County Authority's sole discretion only under the following circumstances:
A. 
When such testing cannot be performed because of weather conditions, the applicant shall provide the Western Butler County Authority with security in the amount of $500 to guarantee that the appropriate test will be performed. The applicant shall cause to have performed the appropriate test at such time as weather conditions make such testing possible. In addition, the applicant shall provide a signed written acknowledgment from the purchaser, transferee, assignee, mortgagee or refinancer of the real estate, agreeing to correct, at the sole expense of said purchaser, transferee, assignee, mortgagee or refinancer, any violations that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit any purchaser, transferee, assignee, mortgagee or refinancer from requiring the applicant to reimburse the purchaser, transferee, assignee, mortgagee or refinancer for any costs incurred; provided, nevertheless, that primary liability shall run with the land, no such agreement shall affect the Borough's enforcement powers or excuse the current owner from performance.
B. 
When illegal stormwater or surface water connections have been discovered and the necessary remedial activities to correct such connection would require a length of time such as to create a practical hardship for the applicant, the applicant may apply to the Western Butler County Authority for a temporary document of certification, which may only be issued when the applicant provides the Authority with all of the following:
(1) 
Cash security in the amount of the contract for the completion of the necessary remedial work is posted with the Western Butler County Authority.
(2) 
An agreement by the purchaser, transferee, assignee, mortgagee or refinancer to be responsible for all cost overruns related to the remedial work, together with a license to the Authority to enter upon the property to complete such work in case of default by the contractor. The Western Butler County Authority shall determine, by resolution, when such temporary document of certification shall expire, at which time the security shall be forfeited and the Authority may use the security to have the necessary remedial work completed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 202-16 Certification of sanitary sewer status prior to sale of real estate.

In addition to the requirements set forth in §§ 202-13, 202-14 and 202-15 of this article for issuance of a document of certification set forth therein, any person selling real estate located within the Borough of Zelienople must subject such person's real property to prior inspection, including inspection of interior premises of any building or residence, by authorized representatives of the Authority, between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, and upon prior seven days' written advance notice, at no cost to the person selling such real estate, to determine the presence of sump pump or other similar devices which discharge extraneous waters into the Western Butler County Authority sewer system. Such person shall not be issued a document of certification until:
A. 
Such inspection has been performed and has revealed no device discharging extraneous waters into the Authority sewer system.
B. 
A follow-up inspection verifies that such device found to be previously in operation has been disconnected and removed.

§ 202-17 Written reports of and required repairs of deteriorating laterals and sewer service connections.

The Western Butler County Authority is authorized in the course of its program of testing, repair, rehabilitation, maintenance and replacement of publicly owned treatment works of the Authority, when it identifies deteriorating laterals and sewer service connections causing infiltration and inflow of extraneous waters into the publicly owned treatment works of the Western Butler County Authority, to provide written notice to the property owner or owners as to the condition of such laterals and sewer service connections, together with a statement that such deteriorating laterals and sewer service connections must, at the property owner's expense, be promptly repaired, replaced or rehabilitated. A copy of all written reports prepared by the Authority in connection with its examination of deteriorating laterals and sewer service connections shall be kept on file at the Western Butler County Authority and shall be used by the Western Butler County Authority in determining whether certificates can issue. The Western Butler County Authority shall transmit a copy of all documents of certification and temporary documents of certification to the Borough for their records.

§ 202-18 Powers of the Western Butler County Authority.

The Western Butler County Authority and its employees, in performing the duties and undertaking the programs identified in this article, shall be empowered to enter upon any private property between the hours of 7:00 a.m. and 5:00 p.m., prevailing time, with seven days' advance written notice to the owner, for the purpose of conducting inspections and/or enforcing this article and shall have only those powers expressly set forth in this article and in other ordinances of the Borough or provided by law to perform its functions consistent with such ordinances.

§ 202-19 Powers conferred herein are in addition to all other powers and responsibilities of authorities.

The powers conferred by the within article to the Borough of Zelienople and the Western Butler County Authority shall be in addition to and not in substitution for any other powers conferred upon such Authority and Borough to enforce and require the elimination of illegal stormwater and surface water connections to the Western Butler County Authority sewer system and other public sewer systems maintained within the borders of the Borough of Zelienople.

§ 202-20 Periodic testing authorized.

A. 
No property or property user in the Western Butler County Authority sewer system shall discharge or permit the discharge of any stormwater, surface water, springs or natural watercourses, roof runoff, subsurface drainage, foundation drains, driveway drainage, cooling water or unpolluted industrial process water into said sanitary sewer system.
B. 
The Western Butler County Authority is hereby authorized to conduct, by aforesaid advance written notice, periodic smoke and/or dye tests and any other appropriate test or inspection, without costs to the residents of the Borough of Zelienople, of all existing sewer systems and structures in the Borough of Zelienople for compliance with this article and other laws pertaining to sewer systems and structures.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Every owner, lessee or occupier of land within the Borough of Zelienople serviced by the Authority shall submit to smoke and/or dye testing by the Western Butler County Authority, which Authority has been designated, authorized, constituted and appointed by the Borough of Zelienople as its sole and exclusive agent for such testing purposes, other than as provided by this article. The owner, lessee or occupier of the land shall permit said testing upon request of Western Butler County Authority to conduct such testing at no cost to the owner, lessee or occupier of land. Testing will not be required when the owner, lessee or occupier of the land produces a valid document of certification issued by the Western Butler County Authority in accordance with this article, which document of certification shall be sufficient proof of compliance for purpose of this article, for a period of one year from the date of issuance.
D. 
When illegal stormwater or surface water connections 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 connection or condition.
E. 
In the event the necessary remedial work would create severe economic hardship for the owner, lessee or occupier of the premises, application may be made to the Authority for an extension of up to an additional six months to complete said remedial work. A "severe economic hardship" shall be defined as any person or persons who qualifies as having a level of income considered to be a low-moderate income under federal guidelines. In the event the owner, lessee or occupier of the premises who established severe economic hardship is unable to effect the necessary remedial work within the time permitted, including any extension thereof, the Authority may undertake to have the necessary remedial work completed at the expense of the owner, lessee or occupier of the premises, and to make any necessary arrangements for the payment of said 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 Authority and the owner, lessee or occupier, the Authority may file a lien against such property, which lien shall remain in effect until payment in full or sale of the property occurs.

§ 202-21 Rules and regulations.

The Western Butler County Authority 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:
A. 
Establishing acceptable forms of security or guarantees.
B. 
Establishing the forms of application, fees and purchaser acknowledgment.
C. 
Limiting the times of year in which temporary documents of certification are available for reasons of weather.
D. 
Such other rules and regulations as are necessary for the operation and enforcement of this article.

§ 202-22 No conflict with general police powers.

Nothing in this article shall limit, in any fashion whatsoever, the Borough'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.

§ 202-23 Violation and penalties.

Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this article or of any regulation or requirement pursuant thereto and authorized thereby shall, upon conviction before any issuing authority, be sentenced to pay a fine of $600 and costs of prosecution and, in default of payment thereof, to imprisonment for a term not to exceed 90 days.