[HISTORY: Adopted by the Board of Supervisors of the Township of Pine as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-21-2016 by Ord. No. 380.]
The Marshall Township Municipal Sanitary Authority (hereinafter "the Marshall Authority") and the Township have previously entered into an intermunicipal agreement, dated as of June 22, 1988, in which the Township and the Marshall Authority agreed that the Marshall Authority would provide sanitary sewage service to certain areas of the Township as more fully described in said 1988 Agreement.
The aforementioned 1988 Agreement provided, inter alia, that the Township would be subject to all existing and subsequently enacted resolutions, rules, and regulations of the Marshall Authority and all local, state, or federal ordinances, laws or regulations to which the Marshall Authority may be subject from time to time.
The Marshall Authority and its customers located within Marshall Township are subject to the requirements of a dye testing ordinance first enacted by Marshall Township as its Ordinance No. 413 (enacted June 4, 2012) and subsequently amended by Marshall Township as its Ordinance No. 441 (enacted February 1, 2016).
The areas within the Township whose sanitary sewage service rights are held by the Marshall Authority pursuant to the agreement referred to in § 365A-1 above shall be referred to herein as the "Marshall Service Area."
After the effective date of this chapter, it shall be unlawful for any person to sell, transfer or assign any real estate within the Marshall Service Area on which a building or improvement exists that is connected to public sanitary sewers owned and operated by the Marshall Authority, without first delivering to the purchaser, transferee or assignee a document of certification or a temporary document of certification obtained from the Marshall Authority.
Section 6. For any real estate within the Marshall Service Area on which a building or improvement exists that is connected to a public sanitary sewer owned and operated by the Marshall Authority which real estate has been sold, transferred or assigned within 18 months prior to the date of entry into a new contract for sale, transfer or assignment of the same real estate, the seller shall only be required to have an interior test (as defined herein) performed and obtain a document of certification that an interior test has been successfully passed with respect to such initial new sale, transfer or assignment. With respect to any other sale, transfer or assignment of the same real estate within said eighteen-month period or thereafter, the seller shall have both interior and exterior tests (as defined herein) performed and a complete new document of certification shall be required.
Any person selling, transferring or assigning real estate located within the Marshall Service Area ("applicant") shall make application to the Marshall Authority or the Township's designated agent for a document of certification on the then required form, which application shall be made at least 14 days before the date of the proposed sale, transfer or assignment. The applicant shall then request the Marshall Authority or the Township's designated agent to perform a visual inspection and dye testing on the property to be sold, transferred or assigned to determine if any interior sumps or drains ("interior test") or any downspouts and area or outside drains ("exterior test") are illegally connected to the sanitary sewer system. Upon completion of the dye testing, the Marshall Authority or the Township's designated agent shall certify the results of each test. In the event that there are no illegal storm sewers or surface water connections, the document of certification shall be issued to the applicant upon payment of the amount established as the administrative fee for the same.
The Marshall Authority may issue temporary documents of certification under such terms and conditions as are contained in its rules and regulations.
The inspections and dye testing described herein as necessary to obtain a document of certification or temporary document of certification may be performed by any person or entity authorized to perform same by rules and regulations adopted by the Marshall Authority or by a registered or licensed plumber or other qualified contractor approved by the County of Allegheny to perform such inspections and dye testing.
When an illegal storm or surface connection is discovered by the means of the above-mentioned dye testing, no document of certification will be issued until the illegal connection is removed and subsequently inspected and approved by the Marshall Authority.
In the event it is determined from a dye test that there is an illegal connection of storm water or surface water from applicant's property, then applicant shall redirect such storm or surface water in compliance with the applicable provisions of the Code of the Township of Pine (for Storm Water Management) as amended and any applicable storm water management plan. If a storm water management plan is not then in existence, then the Township shall determine how stormwater surface water is to be redirected.
The Marshall Authority is hereby authorized, empowered, and directed to make reasonable rules and regulations for the implementation of this chapter regarding the following:
Form of application for the document of certification and the temporary document of certification, including any purchaser acknowledgement.
Terms and conditions for temporary document of certification.
Establishment of acceptable forms of security or guarantees for temporary documents of certification.
Time and circumstances of dye testing, including establishment of those persons or entities authorized to perform the inspections and tests required hereunder; provided, however, that any registered or licensed plumber or other qualified contractor approved by the County of Allegheny to perform such inspections and tests shall be permitted to perform same by the Marshall Authority.
Use of tests other than dye tests.
Reasonable fees for the application for a document of certification or a temporary document of certification, which fees shall be identical to those applicable to properties situate in Marshall Township, and which shall, in no event, exceed $50 without the approval of the Township.
Such other rules and regulations as are necessary for the operation and enforcement of this chapter as approved by both the Township and by the Marshall Authority.
The Township is hereby authorized, empowered and directed to make rules and regulations for the enforcement of this chapter as it deems necessary.
The Township is authorized to issue orders to correct any violation of this chapter.
Any person, firm or corporation which is found to have violated any order of the Marshall Authority or the Township issued pursuant to this chapter shall pay a fine of $1,000 following adjudication by a Magisterial District Judge for each violation. 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, the Township may recover penalties, damages, costs, reasonable attorneys' fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person or user found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder.
Upon final adjudication that a violation of this chapter exists and the refusal or failure to act by the property owner to undertake the repair, replacement or rehabilitation identified by a written order as herein provided, the Township shall have the right to enter onto the subject property to conduct the necessary work to bring the property into compliance at the expense of the property owner, and further, upon the failure of the property owner to pay said expense, the Township shall have the right to file a lien against the subject property for the amount of said expense, together with costs of filing and perfecting such lien.
The provisions of this chapter providing for dye testing and issuance of a document of certification shall be modified to the extent required by any mandates of the Commonwealth of Pennsylvania or of Allegheny County relating to such programs of testing and compliance.
Nothing herein shall authorize the Marshall Authority to enter upon any private real estate, except for the purpose of conducting the dye test provided for herein.
It is the express intent of the Township that the provisions of this chapter are severable. If any section, subsection, sentence, clause, or phrase of this chapter or the regulations adopted pursuant thereto shall be held to be illegal, invalid, or unconstitutional, the remaining provisions of this chapter or said regulations shall not be affected or impaired.
This article shall not preclude the Township from conducting dye testing or other testing or inspection, or implemewnting a program of dye testing or inspection, within the Marshall Service Area for purposes of discovering or locating the inflow of surface storm water to the Marshall Authority's sanitary sewer system.
A request to the Marshall Authority or to the Township for a municipal lien letter must be accompanied by a valid document of certification or temporary document of certification.