[Adopted 3-10-2008 by Ord. No. 1200 (Ch. 212, Art. X, of the 1999 Code)]
1.
The United States Environmental
Protection Agency and the Pennsylvania Department of Environmental
Protection have directed municipalities to take such steps as are
necessary to eliminate sanitary sewer overflows or face civil penalties
and other sanctions.
2.
The Council of the Borough of
Homestead has determined that the sanitary sewer facilities of the
Borough may be receiving stormwater, surface water and other nonsanitary
discharges that exceed the hydraulic capacity of the Borough's sanitary
sewer system and cause or contribute to sanitary sewer overflows.
3.
The Council of the Borough of
Homestead has determined that inflows of stormwater, surface water,
and other nonsanitary discharges into the sanitary sewer system result
in wasteful expenditures for wastewater treatment.
4.
The Council of the Borough of
Homestead has determined that it is in the best interest of the residents
of the Borough to eliminate inflows of stormwater, surface water,
and other nonsanitary discharges into the Borough sanitary sewer system.
5.
The Council of the Borough of
Homestead has determined that the procedures, fees, and penalties
provided by this Part are necessary to achieve the purposes of this
Part.
This Part may be known and cited as the "Dye Testing Ordinance."
The following terms used in this Part shall have the following
meanings:
The Borough of Homestead, Allegheny County, Pennsylvania.
A written letter from the Borough certifying that the property
is free from municipal liens and unpaid municipal taxes.
An official writing issued by the Borough that dye testing
has determined that there are no illegal connections in violation
of this Part.
Any dye test performed by a registered plumber whereby dye
is introduced into the water collection system of a property to determine
whether basement seepage, groundwater, downspout drainage, roof drainage,
driveway drainage, or other surface water drainage is entering the
sanitary sewer system.
Any connection or conveyance that allows the discharge of
inflammable or volatile liquids, basement seepage, groundwater, downspout
drainage, roof drainage, driveway drainage, or other surface water
drainage into the sanitary sewer system.
Those persons designated by the Borough to administer and
enforce all laws and ordinances of the Borough.
Any person, partnership, association, syndicate, firm, corporation,
institution, agency, authority, or entity recognized by law as the
subject of rights and duties. The singular shall include the plural.
Real property located within the Borough upon which a building
or improvements exist.
A statement issued by the Borough pursuant to § 18-808 of this Part.
Illegal connections are prohibited.
Persons owning property are required to maintain all private
sanitary sewer laterals and sanitary sewer service connections in
good repair.
It is unlawful for any person to sell property without first
delivering to the purchaser a certificate of compliance or temporary
certificate of compliance. For purposes of this Part, a "sale of property"
shall include any conveyance or transfer whereby title is transferred
from one person to another, but shall not include:
1.
At least 21 days prior to the
sale of property, the seller (hereinafter, "applicant") shall apply
to the Borough for a certificate of compliance and pay the Borough
a fee as set from time to time by Borough Council.
[Amended at time of adoption of Code (see AO)]
2.
The applicant must have the dye testing performed by a registered plumber, who shall certify the dye testing results to the Borough. If the dye testing identifies illegal connections, then the Borough shall notify the applicant pursuant to § 18-808 of this Part. If the dye testing identifies no illegal connections, then the Borough shall issue a certificate of compliance to the applicant.
3.
If a certificate of compliance
for the property has been issued within the 10 years preceding the
date of the application, the Ordinance Compliance Officer may waive
the dye testing requirement if the Ordinance Compliance Officer inspects
the property and finds no evidence of illegal connections. In this
event, the Ordinance Compliance Officer may issue a certificate of
compliance upon payment of a fee to the Borough in an amount as set
from time to time by the Borough Council.
[Amended at time of adoption of Code (see AO)]
1.
When an illegal connection is
discovered and activities necessary to correct the condition would
require such a length of time as to create a practical hardship for
the applicant, the applicant may apply to the Ordinance Compliance
Officer for a temporary certificate of compliance, which may only
be issued when the applicant provides the Borough with all of the
following:
A.
Written explanation of the practical
hardship;
B.
Cash security in the amount
of $1,000;
C.
An executed agreement by the
purchaser/transferee accepting responsibility for all costs in excess
of the cash security; and
D.
An easement or other license
executed by the purchaser/transferee allowing the Borough to enter
upon the property and complete the work in case of default by applicant.
2.
The Ordinance Compliance Officer
shall determine in good faith based upon all the circumstances when
such temporary certificate shall expire and shall advise the applicant
and the purchaser of the expiration date. If the temporary certificate
of compliance should expire without all work having been completed,
the cash security shall be forfeited to the Borough, and the Borough
may apply the cash security to complete the necessary work. If the
remedial work is completed prior to the expiration date, the Borough
shall return the cash security to the applicant or to his/her designee.
[Amended at time of adoption of Code (see AO)]
A request for lien letter must be accompanied by a valid certificate
of compliance and the lien letter fee, all of which shall be delivered
to the Borough at least seven business days prior to the day the lien
letter is to be provided. Upon the request of a property owner or
his/her agent, and subject to time availability, as determined by
the Borough in good faith based upon all the circumstances, the Borough
may issue an expedited Borough lien letter on two business days' notice
upon the payment of a fee as set from time to time by the Borough
Council for a lien letter with an additional charge if a request for
expediting the letter is made.
The fees set forth in this Part may be changed from time to
time by resolution of the Borough Council.
Nothing in this Part shall limit in any fashion whatsoever the
Borough's right to enforce its ordinances or the laws of the Commonwealth.
Nothing in this Part shall be a defense to any citation issued by
any municipal corporation or the Commonwealth pursuant to any law
or ordinance.
[Amended at time of adoption of Code (see AO)]
It is unlawful for any person to refuse access to property for
purposes of dye testing, to issue or obtain false dye testing results,
or to procure a certificate of compliance under false pretenses. Any
person who violates or permits a violation of this Part shall, upon
conviction in a summary proceeding under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
county correctional facility for a period not exceeding 30 days. Each
day that such violation exists shall constitute a separate offense,
and each section of this Part that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this Part in equity in the Court
of Common Pleas of Allegheny County.
