[Ord. 822, 9/11/2006, § 1]
The Commissioners of the Township of Elizabeth find that excessive
storm- and/or surface waters are illegally routed into the sanitary
sewer systems within the Township, thus requiring increased and unnecessary
treatment capacity and activity and thus curtailing the availability
of tap-ins and treatment to other users who need sanitary sewage treatment.
The Board of Commissioners finds that the procedures, fees and penalties
provided for herein are necessary to achieve the purposes of this
Part.
[Ord. 822, 9/11/2006, § 2]
When used herein, the following words shall have the following
meanings:
The Allegheny County Health Department.
Defined in § 605, Subsection 1, below.
Portions of the sewer system which were designed and built
to carry sanitary sewage and/or industrial waste in a manner combined
with stormwater discharge.
An official written letter or statement from ETSA stating
that there are no illegal surface or stormwater connections into the
sanitary sewer connections on the property to be sold which violate
any section of the Code.
Any commonly accepted plumbing test whereby a nontoxic, nonstaining
dye is introduced into the surface stormwater collection system of
real property to determine if any surface stormwater is entering the
Township's sanitary sewer system. The term "dye test" shall include
any other reasonable and appropriate testing methodology(ies) (excluding
the use of smoke testing to detect roof leaders) acceptable to ETSA
to determine if any surface stormwater is entering the Township's
sanitary sewer system.
The Elizabeth Township Sanitary Authority, its agents, consultants,
contractors or other designated representatives authorized to act
on its behalf.
Connections to the Township's sanitary sewers that allow
surface stormwater to be discharged into the Township's sanitary
sewer system from sources including but not limited to downspout drainage,
roof drainage, and areaway drainage.
A written letter from ETSA to a person (defined below) regarding
any liens, claims and/or sewer rates or rentals due ETSA from said
person.
Any natural person, partnership, association, authority,
syndicate, firm, corporation, developer, contractor, government or
other entity recognized by law as the subject of rights and duties.
A plumber registered and certified by the Allegheny County
Health Department.
Portions of the sewer system which were designed and built
to carry sanitary sewage and/or industrial waste separately from stormwater
discharge or portions of the sewer system so designated as a sanitary
sewer by resolution of ETSA.
A sewer system designed to accept and transport flows of
stormwater, as distinct from sewage.
A temporary written report/statement from ETSA issued pursuant
to § 606 of this Part.
The Township of Elizabeth.
[Ord. 822, 9/11/2006, § 3]
1.
From and after the effective date of this Part, it shall be unlawful
for any person to construct, install, maintain, repair, operate, use
or allow an illegal surface stormwater connection on real estate that
he/she owns. This prohibition expressly includes, without limitation,
illegal surface stormwater connections made prior to the effective
date of this Part, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of the
connection.
2.
From and after the effective date of this Part, it shall be unlawful
for any person to sell real property located within the Township on
which a building or improvement exists, or that has an active tap-in
to a sanitary sewer, without first obtaining and delivering to the
purchaser an evidence of compliance or temporary evidence of compliance
from ETSA as required under this Part.
[Ord. 822, 9/11/2006, § 4]
Illegal surface stormwater connections must be disconnected
from the Township's sanitary sewers and redirected, as appropriate,
to either a separate storm sewer system or other appropriate legal
place. If there is no storm sewer available, the illegal surface stormwater
connection shall be redirected in accordance with Article XV, Plumbing
and Building Drainage, of ACHD's Rules and Regulations, or any
regulations ETSA may establish from time to time. "Disconnection"
shall mean that the illegal surface stormwater connection is disconnected
and removed from the Township's sanitary sewers and that access
to the sanitary sewers at that location shall be permanently capped
and sealed. The disconnection of the illegal surface stormwater connection
shall be certified by a registered plumber on a form approved by ETSA.
Connection of the illegal surface stormwater connection to the Township's
separate storm sewer system is subject to the prior approval of ETSA.
Prior to the commencement of any work on the disconnection of an illegal
surface stormwater connection, all necessary and required building
permits, street opening permits, sidewalk-opening permits, tap-in
permits and fees and other approvals and permits that may be necessary
to accomplish the disconnection shall be acquired. In no event is
water to be discharged from the illegal surface stormwater connection
onto adjacent property.
[Ord. 822, 9/11/2006, § 5]
1.
Any person selling real property within the Township, hereinafter
termed the "applicant," shall apply to ETSA for an evidence of compliance
on an ETSA-approved form at least 14 days prior to the date of closing
and pay such fee as ETSA may establish from time to time. Prior to
the submission of such form, any such applicant whose real property
is located in a portion of the sewer system served by sanitary sewers
shall have a dye test performed by a registered plumber, at the applicant's
expense, on the real property to be sold. Upon completion of the dye
test, the registered plumber hired by the applicant shall then complete
the appropriate section of the ETSA-approved form confirming that
the property has been dye-tested and certifying the results of such
test. In the event that the registered plumber certifies that there
are no illegal surface stormwater connections on the real property,
the form shall be submitted by the applicant to ETSA. ETSA shall not
issue the evidence of compliance until the illegal surface stormwater
connection has been disconnected and removed as required by § 604
above and the correction of the illegal surface stormwater connection
has been certified by a registered plumber. ETSA shall issue the evidence
of compliance within seven days of ETSA's receipt of the properly
completed form describing the disconnection and removal of the illegal
surface stormwater connection and the certification of the correction
by the registered plumber, or upon verification that the applicant's
real property is not located in a portion of the sewer system served
by sanitary sewers.
2.
Valid evidence of compliance shall expire one year following the
date of issuance of the evidence of compliance. If any additions are
made to the property within the one-year period, certification that
the addition has no illegal stormwater connections shall be provided
by a registered plumber.
[Ord. 822, 9/11/2006, § 5]
In the event that an illegal surface stormwater connection is
discovered pursuant to § 605, and the necessary remedial
correction of the condition would require a length of time or other
circumstances to perform such that it would create an undue hardship
on the applicant to perform the same prior to the date of closing
on the sale of the property, the applicant may apply to ETSA for temporary
evidence of compliance on an ETSA-approved form and pay such fee as
ETSA may establish from time to time, provided that there is strict
compliance with all of the following conditions:
A.
ETSA is provided with a bona fide, executed contract between the
applicant and a registered plumber requiring the registered plumber
to complete the necessary remedial work to correct and/or disconnect
and remove the illegal surface stormwater connection and granting
ETSA the right and power to enforce the contract as a third-party
beneficiary.
B.
Cash security in the amount of 120% of the price of the contract
described in § 606A above is deposited with ETSA, to be
held by ETSA in a non-interest-bearing account. Cash security shall
be limited to cash, certified checks and treasurer's checks,
provided that a temporary evidence of compliance may be issued with
the condition that, at closing, a cash security in the amount of 120%
of the price of the contract as described in § 606A shall
be collected by the closing agent for and on behalf of ETSA.
C.
A written acknowledgment and notarized agreement under which the
purchaser agrees to be responsible for all cost overruns related to
the remedial work, together with a grant to ETSA of a license to enter
upon the property to complete the work at the expense and cost of
the purchaser should the contractor or the applicant default on the
agreement. ETSA may establish a reasonable period of time for said
corrective work to be completed, taking into consideration the extent
of the work required and the conditions then existing. The temporary
evidence of compliance shall be effective for no more than 60 days,
and the expiration date of the temporary evidence shall be noted thereon.
If, upon expiration of the temporary evidence of compliance, all remedial
work has not been completed and evidence of compliance has not been
issued, the cash security deposited with ETSA shall be forfeited,
and ETSA may use such security to have the required remedial work
completed. Any cost overrun exceeding the cash security posted with
ETSA shall remain the sole and exclusive liability of the purchaser
and constitute a recordable lien against the real estate.
D.
In the event that the required remedial work necessitated by the
sale of real property is not practical due to the absence of available
remedies, and where the ETSA has adopted a plan of corrective action
applicable to the sanitary sewers serving such real property, then
the temporary evidence of compliance shall be extended until the time
of the planned remedial work. In such event, ETSA shall set security
in the amount of 120% of the price of the applicant's anticipated
pro-rata cost of the anticipated corrective action.
[Ord. 822, 9/11/2006, § 6]
ETSA may reject an application for evidence of compliance or
for temporary evidence of compliance whenever the requirements of
this Part have not been met. In the event of such a rejection, the
applicant may, within 30 days of the rejection, file an appeal as
set forth by ETSA regulations governing the removal of illegal stormwater
connections.
[Ord. 822, 9/11/2006, § 7]
A request to ETSA for a Sewer Lien Certification Letter must
be accompanied by a valid Evidence of Compliance Certificate and/or
a valid Temporary Evidence of Compliance certificate. ETSA may, by
regulation, establish a fee for such letter.
[Ord. 822, 9/11/2006, § 8]
ETSA may, by resolution, adopt any or all of the following in
order to accomplish the purposes of this Part:
A.
Establish the application form, the purchaser acknowledgment form,
the registered plumber's certificate forms and the form of the
evidence of compliance certificate and temporary evidence of compliance,
and the fee(s) for issuance of same.
B.
Establish the procedures and guidelines for the retention, release
and/or payment of any security fund held by ETSA under and pursuant
to § 606B above.
C.
Establish and promulgate any other forms, fees, procedures, regulations
and/or guidelines necessary to implement and effectuate the objectives
and purposes of this Part.
[Ord. 822, 9/11/2006, § 9]
ETSA shall be permitted, as necessary, to enter and inspect
real properties at reasonable times to perform dye testing and related
inspections to determine compliance with this Part.
A.
If a property has security measures in force which require proper
identification and clearance before entry into its premises, upon
reasonable notice by ETSA, the owner or possessor shall make the necessary
arrangements to allow access by representatives of ETSA.
B.
The owner and/or possessor of the property shall allow ETSA reasonable
access to all parts of a property necessary to the dye testing and
related inspections of the property. ETSA shall have the right to
set up on any property such devices as are necessary, in the opinion
of ETSA, to conduct dye testing and related inspections of the property.
C.
Any temporary or permanent obstruction to safe and easy access to
the property to be dye-tested, or on which related inspections shall
be performed, shall be promptly removed by the owner of the property
at the written or oral request of ETSA and shall not be replaced until
such dye testing is completed and/or any violations of this Part are
corrected and such corrections are certified by a registered plumber.
The costs of clearing such assess shall be borne by the property owner.
D.
ETSA may provide reasonable notice of the dye testing and related
inspections of a property or properties through written notice or
publication. However, except as provided in § 610A, ETSA
is not required to provide such notice prior to performing dye testing
or related inspections on a property. Unreasonable delays in allowing
ETSA to access a property is a violation of this Part.
[Ord. 822, 9/11/2006, § 10]
Any person violating the provisions of this Part shall, upon
conviction thereof, be subject to a penalty up to $1,000 per day.
Every calendar day after the person has received written notice of
any violation of this Part, and on which the violation continues,
shall constitute a separate violation of this Part and the person
shall be subject to pay the fine as specified for each day the property
remains in violation.
[Ord. 822, 9/11/2006, § 11]
Whenever ETSA finds that a violation of this Part has occurred,
ETSA may order compliance by written notice of violation sent to the
owner and/or possessor of the property, at the address of the property
or at such other address for the owner and/or possessor as maintained
in Township or County of Allegheny records.
A.
The notice of violation shall contain:
(1)
The name and address of the alleged violator.
(2)
The address, when available, or a description of the building,
structure or land upon which the violation is occurring or has occurred.
(3)
A statement specifying the nature of the violation.
(4)
A description of the remedial measures necessary to restore
compliance with this Part and a time schedule for the completion of
such remedial action.
(5)
A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed.
(6)
A statement that the determination of violation may be appealed
to the Elizabeth Township Sanitary Authority by filing a written notice
of appeal within 30 days of service of notice of the violation.
B.
Such notice of violation may require, without limitation:
(1)
The performance of dye testing, monitoring, analyses and reporting.
(2)
The elimination, disconnection and removal of the illegal surface
stormwater connection in accordance with § 604 above.
(3)
That the person whose discharges, practices or operations are
in violation of this Part shall cease and desist from such violation(s).
[Ord. 822, 9/11/2006, § 12]
Any person receiving a notice of violation may appeal the determination
of violation made by ETSA. The notice of appeal must be filed with
the Elizabeth Township Sanitary Authority within 30 days from the
date of the notice of violation.
[Ord. 822, 9/11/2006, § 13]
1.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation or, in the event of an appeal,
within 30 days after the decision of the appeal upholding the determination
of violation made by ETSA, ETSA may then enter upon the subject private
property and is authorized to take any and all measures necessary
to abate the violation, disconnect and remove the illegal surface
stormwater connection and/or restore the property. It shall be unlawful
for any person, owner, agent, or occupier in possession of any premises
to refuse to allow ETSA to enter upon the premises for the purposes
set forth above. The costs of the measures taken by ETSA shall constitute
a recordable lien against the property.
2.
Where correction of the violation cannot be made in accordance with
the notice of violation or, in the case of an appeal, within 30 days
of the decision on the appeal upholding the determination of violation,
upon proof to ETSA of a contract for performance of the correction
work or other document satisfactory to ETSA showing good-faith commencement
of correction of the violation, abatement by ETSA may be delayed up
to a maximum of 60 days after the notice of violation or, in the case
of appeal, for a maximum of 60 days after the decision upholding the
determination of violation made by ETSA.
[Ord. 822, 9/11/2006, § 14]
In the event a violation of this Part constitutes an immediate
danger to public health or public safety, ETSA is authorized to enter
upon the subject private property, without giving prior notice, to
take any and all measures necessary to abate the violations, disconnect
and remove the illegal surface stormwater connection and/or restore
the property. The costs of the measures taken by ETSA shall constitute
a recordable lien against the property.
[Ord. 822, 9/11/2006, § 15]
In addition to the enforcement processes and penalties provided,
any condition caused or permitted to exist in violation of the provisions
of this Part is a threat to public health, safety and welfare and
the environment and is declared and deemed to be a nuisance, and ETSA
may seek abatement thereof by injunctive or other equitable relief
as provided by law.
[Ord. 822, 9/11/2006, § 16]
The remedies listed in this Part are not exclusive of any other
remedies available under any applicable federal, Commonwealth or local
law, and ETSA may seek cumulative remedies. ETSA may recover attorneys'
fees, court costs and other expenses associated with the enforcement
of this Part, including sampling and monitoring expenses.
[Ord. 822, 9/11/2006, § 17]
This Part shall take effect within 30 days of the date of enactment
and shall apply to any sale on or after that date, without regard
to the date of any agreement or contract under which the sale occurred.
