[Adopted 8-5-2020 by Ord. No. 1025-20[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Connections, adopted 1-15-1969 by Ord. No. 36-69,
as amended 12-16-1991 by Ord. No. 305-91.
Every owner of property in Murrysville whose property abuts
upon any public sanitary sewer Every owner of property in Murrysville
whose property abuts upon any public sanitary sewer presently in existence
or to be constructed in the future by FTMSA or any other person and/or
entity, shall connect, at its own cost, the house, building or other
structures located on said property with the aforementioned public
sanitary sewers for the purpose of disposing of all acceptable sanitary
sewage emanating from said property. House, building or other structure
as used in this article shall be defined as any house, building or
other structure that is occupied or building or structure that has
facilities for the discharge of water or other waste considered by
law to be such that same must be treated by a sewage treatment facility.
The owner of property upon which a house, building or other
structure currently exists or is to be constructed may request FTMSA
for an exemption to connect to the public sanitary sewer if the house,
building or other structure on the property is or will be more than
200 feet from the public sanitary sewer.
It shall be unlawful for any owner, lessee or occupier of any
property in Murrysville abutting upon any aforementioned public sanitary
sewer to employ any means, either by septic tank, cesspool, privy
vault, mine hole or otherwise, for the disposal of acceptable sanitary
sewage other than into and through said public sanitary sewers.
Where any house, building or structure in Murrysville abutting
upon any aforementioned public sanitary sewer is now or hereafter
may be using any method for the disposal of acceptable sanitary sewage
other than through said public sanitary sewer, it shall be the duty
of the Chief Administrator or the authorized representative of FTMSA
to notify the owner, lessee or occupier of such structure, in writing,
either by personal service, certified mail or registered mail, to
disconnect the same and make proper connection for the discharge and
disposal of all acceptable sanitary sewage through said public sanitary
sewers, as herein provided, within 60 days after receipt of such notice.
Any owner or lessee or occupier of a structure who cannot comply with
the provisions of this section as to connection within the sixty-day
period stipulated above due to causes beyond his control shall apply
to FTMSA within said sixty-day period for a time extension of up to
six months in duration. Said application shall be made on a form to
be furnished by FTMSA and shall contain a voluntary agreement on the
part of the applicant under which the applicant shall agree to commence
paying the regular monthly sewer rates immediately even though actual
connection to the public sanitary sewers will not be accomplished
until some later date within the said six-month extension period.
No privy vault, cesspool, septic tank, mine hole or similar
receptacle for human excrement shall at the present time or at any
time hereafter be connected with the aforesaid public sanitary sewers.
It shall be unlawful for any person, firm or corporation connected
to any aforementioned public sanitary sewers to connect any roof drain
thereto or permit any roof drain to remain connected thereto, or to
permit, allow or cause to enter into said public sanitary sewers any
stormwater, foundation drain water, spring water, surface water or
any sewage or industrial waste from any property other than that for
which a permit is issued.
No person, firm or corporation shall make or cause to be made
any connection with any of the aforementioned public sanitary sewers
until he has fulfilled all of the following conditions:
A.
He shall make application to FTMSA upon a permit form to be formulated
and supplied by FTMSA for permission to connect to the aforementioned
public sanitary sewers. Among other things, the applicant must state
the character and use of each structure located upon his property.
B.
He shall pay the required FTMSA tap fee to FTMSA at the time of making
application for permission to make a connection.
C.
No work shall commence before the payment of the aforesaid tap fee
and issuance of the aforementioned connection permit.
D.
He shall give the designated inspector of FTMSA at least 72 hours'
notice of the time when such connection shall be made in order that
said inspector can be present to inspect and approve the work of connection.
The inspector shall signify his approval of the connection by endorsing
his name and the date of approval on the aforementioned connection
permit in the possession of the permittees.
E.
At the time of inspection of the connection, the owner or owners
of properties shall permit the inspector full and complete access
to all sanitary and drainage arrangements and facilities in each building
and in and about all parts of the property. No building sewer line
shall be covered over or in any manner concealed until after it is
inspected and approved by said inspector.
The construction of all building sewer lines or house service
sewers shall be done in accordance with the specifications, plans
and procedures established by FTMSA in its Sewer System Rules and
Regulations, as the same may be from time to time published and amended,
copies of which, upon adoption by FTMSA, shall be maintained on file
with the Chief Administrator.
If the owner or owners of any occupied houses, buildings or
structures in Murrysville shall neglect or refuse to comply with the
provisions of this article or written notice as prescribed herein,
Murrysville or FTMSA may perform or cause to be performed such work
and labor and furnish or cause to be furnished such material as may
be necessary to comply with the provisions of this article at the
cost and expense of such owner or owners, together with 10% additional
thereof and all charges and expenses incidental thereto, which sum
shall be collected from said owner or owners for the use of Murrysville
or FTMSA as debts are by law collectible, or Murrysville or FTMSA
may, by its proper officer, file a municipal claim or lien therefor
against said premises as provided by law.
"Unacceptable sanitary sewage," for purposes of this article,
shall have the same definition as that which is set forth in FTMSA's
Sewer System Rules and Regulations, said Rules and Regulations being
hereby approved by Murrysville and held to be applicable to all users
of the aforementioned public sanitary sewers.
FTMSA, from time to time, shall, by resolution, adopt procedures
and methods to be followed by property owners in connection with connecting
to any public sanitary sewer; methods and manner of disconnecting
from the house, building or structure the pre-public sanitary sewage
disposal method; the various fees, rates and charges, without limitation,
that can be implemented by FTMSA pursuant to the laws of the Commonwealth
of Pennsylvania including, but not limited to, the Municipal Authorities
Act of 2001 and any amendments thereto; to make determinations from
time to time with regard to the method of calculating the rates and
other charges legally permissible by law to fix, alter, charge, impose
and collect; to enter into financing arrangements, if necessary, for
the construction, improvement, repair, maintenance and operation of
its facilities and properties; and to otherwise do and perform any
act permissible by law.
After the effective date of this article, it shall be unlawful
for any person to sell, transfer, assign (as in the event of a mortgage),
pledge or hypothecate any interest in real property within Murrysville
on which a house, building or structure exists, without first obtaining
a certification of sewer lateral from the proper officers of FTMSA.
As used in this article, the following terms shall have the
meanings indicated:
An official statement from the proper official of FTMSA stating
that, after inspection, there are no known illegal storm or surface
water connections into the sanitary sewer, and no "failed" tests or
"failure" as defined herein on the specific property. A certification
of sewer lateral will be required upon the sale, transfer, assignment
(as in the event of a mortgage), pledge or hypothecation of any interest
in real property within Murrysville.
No testing of sewer laterals shall be required upon the sale,
transfer, assignment (as in the event of a mortgage), pledge or hypothecation
of any interest in real property if it is a (1) transfer between husband
and wife incidental to a divorce; (2) transfer through a decree of
distribution incidental to the administration of an estate; or (3)
a refinancing of an existing mortgage by a mortgagor who, prior to
the date of this article, has had a visual inspection of the sewer
lateral, had action taken to correct any failure within five years
of the refinancing and obtained a certification of sewer lateral or
is otherwise capable of producing sufficient documentation that the
sewer lateral is no longer structurally defective.
Includes, but is not limited to the discharge of ground or
surface water for the connection of downspouts, roof drainage, surface
area drainage, or foundation or basement drainage into the sanitary
sewer system.
The inspection necessary to obtain a certification of sewer
lateral shall be accomplished by televising the sewer lateral according
to procedures adopted by FTMSA ("inspection method") designed to detect
a structurally defective lateral. Upon receipt of inspection results
that demonstrate the lateral is structurally defective, which shall
constitute a failed test ("failure" or "failed"), such sewer lateral
must be repaired or replaced by the property owner prior to the issuance
of a certificate indicating the absence of liens on the real property
in question.
A written letter from the proper official of FTMSA concerning
municipal liens.
Any person, syndicate, associate, partnership, firm, corporation,
institution, agency, authority, or other entity recognized by law
as the subject of rights and duties.
A sewer lateral that exhibits root intrusion, separated joint(s),
broken pipe(s), cracks, inflow and/or infiltration of storm, spring
and/or groundwater, or any other condition which lends itself to inflow
and/or infiltration of water into the sewer lateral other than sanitary
and/or gray water.
FTMSA may perform testing from time to time on all sewer laterals,
new or existing, throughout Murrysville to determine if there are
any structurally defective sewer laterals. Upon completion of the
testing, if it is determined by FTMSA that a parcel of real estate
upon which a house, building or structure exists does not have a structurally
defective sewer lateral, the person who is the owner of said real
estate upon which the house, building or structure exists will be
issued a certification of sewer lateral and that certification of
sewer lateral shall be evidence of the lack of a structurally defective
sewer lateral regarding the house, building or structure on the real
estate for a period of three years from the issuance date thereof.
After the expiration of three years, a certification of sewer lateral
will be required upon any sale, transfer, assignment (as in the event
of a mortgage), pledge or hypothecation of any interest in that property.
The manner and method of testing shall be in accordance with the inspection
method defined herein. After the completion of testing by FTMSA, if
the testing determines the existence of structurally defective sewer
lateral(s), the person owning said real estate upon which a house,
building or structure exists, shall cause the structurally defective
sewer lateral to be removed/repaired, the same re-tested, and the
payment of any additional fees and costs and the procurement of a
certification of sewer lateral to be completed within 18 months of
the determination of the existence of a structurally defective sewer
lateral.
Persons required under this article to obtain a certification
of sewer lateral shall make application on a form furnished by FTMSA,
and payment of all necessary fees, at least 30 days before the date
of the event requiring acquisition of the certificate of sewer lateral.
The applicant shall then make arrangements with an individual(s) designated
by FTMSA to inspect and televise the sewer laterals on the property.
The individual performing the test shall notify FTMSA if there is
a structurally defective or failed sewer lateral whereupon FTMSA,
upon the payment of any established fee, shall issue a certification
of sewer lateral if no structural defects or failed laterals are found.
When a structurally defective or failed sewer lateral is discovered
by the means of the above-mentioned testing, no certification of sewer
lateral will be issued until the structurally defective sewer lateral
is repaired or replaced and the sewer lateral is re-tested and exhibits
no structural defects or failure, and any additional fees and costs
paid and certification of such removal/repair is received from the
individual performing the testing.
FTMSA shall not issue a municipal no-lien letter until such
time as FTMSA has in its possession a certification of sewer lateral.
FTMSA is hereby authorized, empowered and directed by resolution
to make reasonable rules and regulations for the operation and enforcement
of the testing provisions as necessary, which shall include, but not
be limited to:
Nothing in this article shall limit in any fashion whatsoever
Murrysville's right or FTMSA's right to enforce any ordinance,
resolution or law of Murrysville or FTMSA, the intent being that this
article shall supplement already existing resolutions and ordinances
dealing with the enforcement of sanitary sewer status within Murrysville.
Nothing in this article shall be a defense to any citation issued
by any municipal corporation or the Commonwealth of Pennsylvania pursuant
to any other law or ordinance.
Any person who shall fail, neglect or refuse to comply with
any of the terms or provisions of this article, or of any resolution,
regulation or requirement pursuant thereto and authorized thereby
shall, upon conviction before any District Justice, be sentenced to
pay a fine of $1,000 and costs of prosecution, and in a default of
payment thereof, to imprisonment for a term not to exceed 90 days.
Each day that a person is in violation shall constitute a separate
offense.
The provisions of this article are severable, and if any section,
sentence, clause or phrase shall be held by a court of competent jurisdiction
to be illegal, invalid or unconstitutional, the remaining portions
of this article shall not be affected or impaired thereby.
Any ordinance or resolution or part of any ordinance or resolution
conflicting with the provisions of this article be and the same are
hereby repealed to the extent of such conflict.
This article shall become effective within five days of passage.
