[Adopted 7-13-1998 by Ord. No. 861 (Ch. 49, Art. I, of the 1980 Code
of Ordinances)]
Whenever the Code Enforcement Officer ascertains or determines
that a service or lateral sewer line is defective in any manner, he
is hereby authorized and directed to provide a written notice to the
property owner of such condition and demand that the same be remedied.
The property owner shall repair, replace, remedy or otherwise rehabilitate
all such defects within 30 days of the date of the written notice,
or within such longer period of time as the Code Enforcement Officer
shall reasonably allow.
A.
It is declared to be the intent of East Pittsburgh Borough to eliminate
as far as is reasonably possible the discharge of surface water into
the sanitary sewer system. Therefore, the discharge of surface water
into a sanitary sewer system is declared to be illegal except as otherwise
provided under this article. Such discharges are hereby deemed to
pose a potential health hazard and risk due to the overburdening of
the sanitary sewer system. In carrying out the intent of this article,
cognizance is taken of an Order of the Allegheny County Health Department
dated January 12, 1998, relative to the Falls Runs sewer line.
B.
"Hydraulic overloading" is deemed to be the discharge into the sanitary
sewer system of surface water to such an extent that the sewage treatment
system becomes unable to treat the volume. It is found that this occurs
during periods of heavy rainfall. It is declared to be the policy
of East Pittsburgh Borough to prevent such overloading by removing
surface water from the sanitary sewer system at each structure insofar
as it is feasible and reasonable to eliminate and/or reduce the same.
C.
From the effective date of this article, no structure or building
which is constructed, reconstructed or conveyed by an owner of such
structure shall permit any surface water to be channeled into the
sanitary sewer system. It is the intent of this article that the substantial
reconstruction, demolition, razing, conveying or removal of any structure
shall terminate any preexisting right to utilize or construct a combination
sewer. Thereafter, every new owner and for every reconstruction, rebuilding,
repair, each structure must be in full compliance with this article,
and no surface water shall be permitted to be discharged into a sanitary
sewer system.
From the effective date of this article, any owner of land in
the Borough of East Pittsburgh upon which a structure is erected shall,
prior to such transfer of ownership, supply to the Borough at least
21 days prior to the date of sale or transfer a certification of dye
testing and the results thereof as provided below. Dye testing may
only be performed by a registered plumber no less than 60 days prior
to the date of sale or transfer. The certification must contain the
date of testing, provide a plan of the property and show all drains,
downspouts and other means of disposing of surface water on the premises
and certify that all were tested. This report shall certify to the
Borough that no surface water is being discharged into the sanitary
sewer system and that the lateral sewer line is functional and defect-free.
Upon receipt of such certificate in proper form, and payment of a
$20 fee, the Borough Code Enforcement Officer will issue a certificate
of compliance to the seller or transferor of the real estate. If the
dye test reveals that surface water is being discharged into the sanitary
sewer system, no certificate of compliance will be issued until there
is compliance with this article. No buyer or transferee may buy, take
title or occupy land without first complying with the provisions of
this article.
A.
For those premises which were legally allowed upon original construction
to provide for a sanitary sewer system to carry surface water, a property
owner may apply for and obtain a variance from the strict mandate
set forth above, upon application to the Code Enforcement Officer
and payment of a fee of $250 to the Borough of East Pittsburgh. An
application must detail the existing facilities and what measures
the property owner will take to eliminate surface water discharge,
and to what extent the owner requests relief from this article. The
following criteria shall apply to determine whether or not the Code
Enforcement Officer shall grant a variance:
(1)
The original installation of the sanitary sewer system must have
been duly permitted and have been lawful at the time of installation.
(2)
The strict application of this article cannot be reasonably carried
out due to the physical circumstances of the property.
(3)
A variance will not result in the hydraulic overloading to the Borough
sanitary sewer system.
(4)
The cost of remedy may be considered.
(5)
The variance will not be in conflict with any law of the Commonwealth
of Pennsylvania Department of Environmental Protection or any order
or regulation of the Allegheny County Health Department or any other
regulatory body having jurisdiction.
(6)
Surface water from the subject property must be capable of being
diverted to a system whereby it will not be reintroduced into the
sanitary sewer system. If this is not possible due to the Borough's
combination sewer system, a variance will not be necessary.
B.
Any party aggrieved by the decision of the Code Enforcement Officer
who or which has an interest in the matter, including the Borough
of East Pittsburgh, may file an appeal to the East Pittsburgh Zoning
Hearing Board within 20 days of the decision of the Code Enforcement
Officer, which is given jurisdiction to hear and determine such questions.
Every structure in the Borough of East Pittsburgh where there
has been a change in ownership must have an occupancy permit prior
to taking possession and occupancy, which application must be accompanied
with a certificate of compliance described in this article.
A.
The tapping fees for sewers to be installed subsequent to the effective
date of this article are hereby increased to $500 for each equivalent
dwelling unit (EDU) which shall be equal to one single-family residence
or one tap.
B.
For purposes of this article and for the calculation of the number
of tapping fees, an EDU shall be a projected flow of up to 350 gallons
per day per single-family residence as defined or redefined by the
Commonwealth of Pennsylvania Department of Environmental Protection.
C.
For purposes of determining the number of tapping fees due for all
construction other than single family residences, flow shall be determined
by the Code Enforcement Officer with consideration given to design
criteria and guidelines as established from time to time by the Commonwealth
of Pennsylvania Department of Environmental Protection, a justification
of flow as may be determined by water consumption records or such
other reasonable methods to determine water consumption as are reasonably
acceptable to the Code Enforcement Officer. The final determination
of total flow per day shall be divided by 350 to arrive at the number
of EDUs applicable. Fractions shall be rounded off to the nearest
whole number.
The fees and charges imposed herein may be amended by simple
resolution.
Every violation of this article shall be deemed to be a separate
offense and punishable by a fine up to $1,000, and costs.
