[Adopted 4-14-1997 by Ord. No. 9-1997 (§ 9.74
of the 1986 Code)]
The Board of Supervisors of Allegheny Township
finds as follows:
A.
The laws of Westmoreland County and the Commonwealth
of Pennsylvania prohibit the direction of stormwater into sanitary
sewers.
B.
The Township has authority to adopt an ordinance to
prohibit the direction or discharge of stormwater into the sanitary
sewers of the Township pursuant to the Second Class Township Code,
53 P.S. § 65101 et seq., and the Pennsylvania Clean Streams
Law, 35 P.S. § 691.1 et seq.
C.
The Township of Allegheny desires to comply with the
laws of Westmoreland County and the Commonwealth of Pennsylvania,
and to meet the conditions of its sewerage permits by eliminating
stormwater and surface water from entering into the sanitary sewer
systems of the Township.
D.
The Township of Allegheny desires to establish certain
regulations prohibiting the direction of stormwater into sanitary
sewer lines and to require, upon notice, that property owners connect
stormwater drains and runoff into storm sewers, where available, and
require certification of compliance with all rules and regulations
of the Municipal Authority of Allegheny Township and Kiski Valley
Water Pollution Control Authority prior to the sale or financing of
real estate.
It shall be unlawful for any person whose premises
are connected to the Allegheny Township Municipal Authority sanitary
sewer system to permit, allow or cause to enter into such sanitary
sewer system any groundwater, stormwater or surface water or any sewage
from any property other than that for which a permit has been issued,
or any gasoline or other inflammable liquid, or any other substance,
liquid, gas or solid which is prohibited by the terms of any other
rule, regulation or ordinance adopted by Allegheny Township (hereinafter
"Township") or the Allegheny Township Municipal Authority (hereinafter
"Authority") for the operation of the sanitary sewer system. All owners
of property within the Township of Allegheny and all owners of property
adjoining the Township who, by contract or otherwise, have their premises
served by the Authority sanitary sewer system, are hereby directed,
after 30 days' prior notice, to cease and desist from permitting,
allowing or causing to enter into the sanitary sewer system any groundwater,
storm water or surface water or any sewage from any property other
than that for which a permit has been issued, or any gasoline or other
inflammable liquid, or any other substance, liquid, gas or solid which
is prohibited by the terms of any other rule, regulation or ordinance
adopted by the Township or the Authority for the operation of the
sanitary sewer system. Such unlawful drainage or discharge includes,
but is not limited to, the drainage or discharge into the sanitary
sewer system, as described herein, by means of downspouts, roof drainage,
surface area drainage, or foundation or basement drainage. It shall
also be unlawful for any person to connect to the Authority sanitary
sewer system without first fully complying with the rules, regulations
and/or ordinances of the Township and the Authority and obtaining
any permit required therefor.
Upon notice as hereinafter provided by § 197-30 of this article, all owners of property on any streets, lanes or alleys under which the Township has, now or hereafter, given approval to construct and/or has constructed surface water or stormwater sewers, shall promptly provide and construct, at their own expense, a separate sewer line to carry off from their buildings and premises all rain and surface water by connecting said sewer line for their premises, with the said surface water or stormwater sewer under any street, lane or alley upon which their properties abut, or to provide a plan for such other method to be approved by the Township Engineer which will prevent the drainage of such water from their premises from entering into the sanitary sewer system of the Township or onto any neighboring property. It is further the obligation of all persons and/or property owners whose premises are equipped with "view ports" or other similar devices allowing inspection of any connection to the sanitary sewer system to inspect and maintain said view ports or other devices so that they are operational and also usable by the Township or the Authority, or their agents or employees.
Whenever in the opinion of the Board of Supervisors
of Allegheny Township it may be necessary or advisable to have all
premises upon a public street or portion thereof containing a surface
water or stormwater sewer to make connections thereto, due notice
to make and complete such connection within 30 days shall be served
upon the owners of all said premises, or, if the owner is a nonresident
and cannot be personally served, then said notice shall be served
upon the owner by giving said written notice to occupants of such
premises if the same shall contain buildings, and additional written
notice shall also be sent to the owner by certified mail, or, if the
said premises are unimproved by buildings, said notice shall be served
on the agent of the owner and notice shall also be sent to the owner
by certified mail.
The owners of all properties abutting on streets,
lanes and alleys where no storm sewers have been installed shall,
upon 30 days' notice from the Township, provide at their own expense,
1) for draining all surface water and stormwater from their premises
to the public streets adjacent to their properties where catch basins
connected with the Township storm sewers are available at the corners
of such streets and where the storm drainage from their properties
will drain to such catch basins, and 2) by providing such other methods
to be approved by the Township which will prevent the drainage of
such water from their premises from entering into the sanitary sewer
system of the Township.
The Township Manager, or such delegate as the
Manager may recommend to the Board of Supervisors, is hereby appointed
as the enforcement officer under this article with full authority
to give the notices required in this article and to approve the methods
which shall be used by the property owners to comply with the provisions
of this article.
A.
The Township Manager, or such delegate as the Manager
may recommend to the Board of Supervisors, may, after authorization
by the Township Board of Supervisors, from time to time perform dye,
smoke or air testing of the sanitary sewer system, or any connections
thereto, to monitor compliance with this article, said smoke test
to involve the use of nontoxic, nonstaining smoke which is forced
through the sanitary sewer system by the use of air blowers. The Township
may also perform, use and rely on the results of any internal televising
of the main sewer system to monitor compliance with this article.
All of the above testing may include, but is not necessarily limited
to, the following:
(1)
Dye testing at each downspout and area drain;
(2)
Dye testing foundation drains by flooding or injection;
(3)
Smoke testing public sewer and sewer lateral to the
house trap;
(4)
Smoke testing building drain on the house side of
the trap;
(5)
Air testing the lateral;
(6)
Hydrostatic testing the lateral;
(7)
Televising of main sewer and/or lateral sewer during
periods of saturated ground and/or precipitation;
(8)
Additional testing as may be necessary if the original
testing is inconclusive.
B.
The sewage system may be retested after any corrective
action has been taken to demonstrate that the illegal connection/defect
has been eliminated/repaired.
The 30 days' notice required to be given hereunder
shall be given by letter to the owners of the premises, or served
upon the owner, or, if the owner is a nonresident, such notice shall
be so given to the occupant of the premises or the owner's agent,
and, in addition, a notice by certified mail shall be sent to the
owner.
After the effective date of this article, it
shall be unlawful for any person to sell, finance or refinance a mortgage
on real estate within the Township of Allegheny on which a building
or improvement exists without first delivering unto the purchaser
a document of certification or temporary document of certification
from the proper officers of the Allegheny Township Municipal Authority.
Any person selling real estate located within
the Township of Allegheny (hereinafter "applicant") shall make application
on a form furnished by the Authority at least seven days before the
date of sale. The applicant shall then have a registered, licensed
plumber perform dye test, smoke test or air test of the sewer drainage
system on the property to be sold, said smoke test to involve the
use of nontoxic, nonsustaining smoke, which is forced through the
sewer system by the use of air blowers. The plumber shall notify the
Authority at least two working days before the test is made so that
the Authority may witness the test. The Authority shall also have
the right to approve the test as performed and/or to require that
additional tests be made. The plumber shall complete the appropriate
portions on the form and certify that the property has been dye tested,
smoke tested or air tested and certify the results of such test. The
plumber shall also certify that the sewer drainage system on the property
complies with all other rules and regulations of the Authority, including
those rules and regulations applicable to grease, oil and sand traps/interceptors
(Rule 2.2.9). In the event that there are no illegal stormwater or
surface water connections and the existing drainage system is sound
and in compliance with all rules and regulations of the Authority,
the Authority shall issue a document of certification upon the payment
of any established fee. When an illegal storm or surface water connection,
malfunctioning drainage system or any other noncompliance with the
rules and regulations of the Authority is discovered by the means
of the above-mentioned testing, no document of certification will
be issued until the illegal connections/malfunctioning drainage system
are removed/repaired, the system retested and certification of such
removal/repair by a registered, licensed plumber is received.
A temporary document of certification may be
issued at the Authority's sole discretion when:
A.
The applicant proves that such testing cannot be performed
because of weather conditions, and when such is the case, the applicant
shall provide the Authority with security in the amount of $1,000
to guarantee that the appropriate test will be performed. The applicant
will cause to have performed the appropriate test within 14 days of
subsequent written notification from the Authority, which will be
given at such time as weather conditions make such testing possible.
In addition, the applicant shall provide a signed written acknowledgement
from the purchaser of the real estate, agreeing to correct, at the
said purchaser's sole expense, any violations, defects that may be
discovered as the result of subsequent tests. Nothing in this subsection
shall prohibit any purchaser from requiring the applicant to reimburse
the purchaser for any costs incurred; provided, nevertheless, that
primary liability shall run with the land and no such agreement shall
affect the Township or Authority's enforcement powers or excuse the
current owner from performance.
B.
When an illegal storm or surface water connection
and/or malfunctioning or noncompliant drainage system has 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 Authority for a temporary
document of certification which may only be issued when the applicant
provides the Authority with all of the following:
(1)
A bona fide executed contract between the applicant
and a registered, licensed plumber to complete the necessary remedial
work with the Authority listed therein as a third-party beneficiary;
(2)
Cash security in the amount of said contract as posted
with the Authority; and
(3)
An agreement by the purchaser 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 work in case
of default by the contractor. The Authority shall determine 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.
A.
The Authority is hereby authorized, empowered and
directed to make reasonable rules and regulations for the operation
and enforcement of this article as it deems necessary, which shall
include, but not be limited to:
(1)
Establishing acceptable forms of security or guarantees;
(2)
Acceptable testing methods;
(3)
Establishing the forms of applications, application
fees, purchaser acknowledgements and plumber certifications;
(4)
Limiting the times of year in which temporary documents
of certification are available for reasons of weather.
B.
All rules and regulations issued pursuant to this
section shall be in writing and be approved by the Authority Board
prior to such rules and regulations being effective.
If any owner of any premises violates the provisions
of this article and/or refuses or neglects to comply with the provisions
of this article, he shall be guilty of a violation, and, for each
and every such violation, upon conviction thereof, he shall be sentenced
to pay a fine of not more than $1,000 along with costs of prosecution,
and imprisonment to the extent allowed by law for the punishment of
summary offenses; provided, each day's violation shall constitute
a separate violation. The Township may also institute any appropriate
action to enjoin, prevent, restrain, correct or abate any conduct,
act or use constituting a violation of this article.
This article shall be construed in pari materia
with any other Township ordinance to the extent possible. Any ordinance
or part of any ordinance conflicting with the provisions of this article
be and the same is hereby repealed to the extent of said conflict.
