[HISTORY: Adopted by the Borough Council of the Borough of
Zelienople as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-4-1977 by Ord. No. 566 (Ch. 18, Part 1, of the
1995 Code)]
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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)]
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
The connection of any basement seepage, surface water, subsurface
drains, downspouts, roof drainage or surface areaway drainage into
the sanitary sewer system.
A written letter from the proper official of the Western
Butler County Authority concerning municipal liens.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as
the subject of rights and duties.
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.
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.
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.
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.
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]
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:
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.
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.
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.
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]
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.
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.
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.
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.
