[Adopted 5-5-2004 by Ord. No. 72]
As used in this article, the following terms shall have the
meanings indicated:
An official statement from BASA stating that there was, at
the time of inspection and testing, no evidence of any illegal stormwater
and surface water connections and infiltration of ground 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 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 storm,
surface, ground 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 ground
or subsurface water is entering the sanitary sewer system.
The Township has, by this article, designated BASA, 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 ground 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 ground 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 § 205-34 of this article, it shall be unlawful for any person to sell or transfer any real estate within the Township of Connoquenessing 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., as may be amended, and the corresponding regulations of the Department of Revenue; or to mortgage or refinance any real estate within the Township of Connoquenessing 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 Chapter 110, Construction Codes, Uniform, 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 Connoquenessing (hereinafter "Applicant") and subject to the requirements set forth in § 205-25 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 Supervisors. 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 and televised, 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 storm or surface water, or infiltration of ground 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 storm or surface water or the infiltration of ground 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 ground 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 §§ 205-25 and 205-26 of this article, 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 storm or surface water or the infiltration of ground 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 ground 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 of 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 storm and surface waters or infiltration of ground 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 ground 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 ground 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 who willfully violated or
failed to comply with any provision of this article and the orders,
rules, regulations and permits issued hereunder shall, upon conviction
in a summary proceeding brought before a Magisterial District Judge
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not less than
$100 nor more than $1,000, plus costs of prosecution. In default of
payment thereof, the defendant may be sentenced to imprisonment for
a term not exceeding 90 days. 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/or
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. Fines made imposed hereunder shall be made
payable to the Township of Connoquenessing Treasurer and then remitted
to BASA.[1]
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 storm or surface water or the infiltration of ground
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. § 551 et
seq. and 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.[2]
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.