(a) Definitions.
(1) “Applicant.” A person applying for a certificate of compliance or temporary certificate of compliance.
(2) “Cash security.” Cash, certified check, or treasurer's check.
(3) “Laterals.” A sewer line having no tributary sewer connecting a structure to the public collection or interceptor system at the property line.
(4) “Lateral testing.” Includes pressure testing requirements as provided for in Section 312 of the International Plumbing Code (IPC) as contained in the PA Uniform Construction Code, as from time to time amended. For purposes of only this section and any corresponding lateral resale regulations to be promulgated and enforced pursuant to same, “lateral testing” shall mean pressure testing as defined below.
(5) “Improved and sewered real property.” Real property on which any building, driveway or parking pad, other surface or subsurface structure or improvement has been constructed, installed or erected, where the real property or any improvement on the real property is connected to the municipal sewer system.
(6) “Ordinance Compliance Officer.” The Municipally authorized representative appointed by the City Manager, from time to time, whose duty it shall be to administer this section unless such duty is expressly conferred by this section upon another municipality, official or entity.
(7) “Person.” Any natural person, association, partnership, corporation, syndicate, institution, agency, authority, or other entity recognized by law as the subject of rights and duties.
(8) “Pressure test.” A method to determine any infiltration in a lateral sewer utilizing either of the following methods:
A. “Drainage and vent air test.” A test made by forcing air into the system until there is a uniform gauge pressure of five psi (34.5 kPa) or sufficient to balance a ten-inch (254 mm) column of mercury. This pressure shall be held for a test period of at least 15 minutes. Any adjustments to the test pressure required because of changes in ambient temperature or the seating of gaskets shall be made prior to the beginning of the test period.
B. “Gravity sewer test.” A test consisting of plugging the end of the building sewer at the point of connection with the public sewer, filling the building sewer with water, testing with not less than a ten-foot (3048 mm) head of water and maintaining such pressure for 15 minutes.
(9) “Private sewer facilities.” Sewer facilities owned and maintained by the property owner including laterals from the structure to the public right-of-way, cleanouts and building drains.
(10) “Public collection/interceptor system.” Publically-owned and maintained sewer facilities, including:
A. “Collection lines.” Sewer lines owned and maintained by the Municipality, collecting wastewater from tributary lateral sewers and other collection lines and conveying wastewater to the interceptor lines;
B. “Interceptor lines.” Sewer lines owned and maintained by the Johnstown Redevelopment Authority, collecting wastewater from tributary collection and lateral sewers and conveying wastewater to the wastewater treatment plant.
(11) “Qualified contractor.” A person, company, agency or partnership that holds the appropriate Pennsylvania and City of Johnstown licenses, as required to carry out appropriate residential and/or commercial construction activities.
(12) “Sanitary sewer system.” The sanitary sewer lines and related facilities maintained and operated by the Municipality's designated sewer service provider.
(13) “Sell or transfer.” The sale, transfer, or assignment, as in the event of a mortgage, the pledge or hypothecation of any interest in real property; provided, however, that a refinancing of real property, without a conveyance, is not a sale or transfer under this section.
(14) “Significant repair or alteration.” Any change or alteration of the piping system connecting an improved or sewered property to the public collection/interceptor system.
(15) “Significant defect.” A condition in a privately owned sewer system which admits non metered water, surface or storm water, or which results in a testing violation.
(16) “Surface storm water.” Surface water and ground water, including but not limited to roof and driveway drainage, basement seepage.
(b) Unlawful Connections. It is and shall be unlawful for any person to connect any rain leader, roof drain, downspout, gutter, parking lot drain, driveway drain, interior or exterior sump, French drain, spring or other collector or source of surface storm water, inducing but not limited to the fresh air vent of the improved and sewered property's sanitary sewer, to the sanitary sewer system.
(c) Repair of Private Sewer Facilities. Persons owning property within the Municipality are required to maintain all private sanitary sewer laterals and sanitary sewer service connections in good repair free of significant defects.
(d) Lateral Testing by Municipality. The Ordinance Compliance Officer is authorized to require and review lateral testing and carry out inspections within the Municipality for purposes of discovering or locating the inflow of surface storm water to the public collection/interceptor system for qualifying events described in subsection (f) hereof. The property owner, as per Cambria County Real Estate Tax Records, shall either (a) retain the services of a qualified contractor to perform the lateral testing with inspection by the Ordinance Compliance Officer or (b) carry out the lateral testing on his/her subject property(ies) with inspection by the Ordinance Compliance Officer. Persons owning property within the Municipality are required to grant access to the Ordinance Compliance Officer and/or the lateral testing contractor and to permit lateral testing or other testing or inspection. It is unlawful for any person to refuse access to property for purposes of lateral testing or other testing or inspection.
(e) Notices to Property Owners. In the event the Ordinance Compliance Officer identifies any illegal connections, significant defects or leaking, deteriorating or poorly constructed private sanitary sewer lateral and/or sanitary sewer service connections, the Ordinance Compliance Officer shall give written notice of same to the property owner that such illegal connections be eliminated and/or services connections be, at the property owner's expense, repaired, replaced, or rehabilitated within 30 days of the date of the notice. If the condition does not create a health hazard, the Ordinance Compliance Officer, upon request of the property owner, may extend the deadline to 60 days from the date of the notice.
(f) Qualifying Events for Property Owners to Test and Remediate. All owners of property shall be responsible to satisfactorily complete televised and/or pressure testing at the times outlined herein, and in cases that do not involve the sale or transfer or assignment of interest in property shall be responsible to complete televised and/or pressure testing only under the conditions of subsection (d) above. These qualifying events for lateral testing and remediation in such cases shall therefore occur as described below:
(1) If/when a phase is certified by the City Engineer has/having failed to sufficiently reduce sanitary sewer flows to levels which do not exceed the DEP-specified design criteria, owners of property within any such phase who have not previously completed lateral testing and obtained a certificate of compliance for that property shall immediately become responsible to satisfactorily complete lateral testing and to obtain a certificate of compliance:
A. Within one year from the date of certification of results of the first flow monitoring period, as outlined within paragraph (d)(2) above;
B. Within one year from the date of certification of results of the second flow monitoring period, where applicable, as outlined in paragraph (d)(3) above; and/or
C. Upon any sale, transfer or pledge of property as required under this section.
(g) Application for Certificate of Compliance.
(1) When any real property located within the Municipality has become subject to lateral testing requirements as set forth in subsection (d) above, or under any other City ordinance to be adopted, the property owner or its agent shall submit to the Ordinance Compliance Officer an application for certificate of compliance, completed as required by paragraph (g)(2) below. The certificate of compliance form shall be available upon request from the Ordinance Compliance Officer. The fee for filing the completed application for certificate of compliance shall be established by the governing body from time to time by resolution.
(2) When any real property located within the Municipality has become subject to lateral testing requirements as set forth in subsection (d) above, or under any other City ordinance to be adopted, the property owner shall either perform the lateral test or have a lateral test of the property performed by a qualified contractor. Upon completion of the lateral test, the person who performed the test shall complete the appropriate section of the application for certificate of compliance, confirming that the property has been lateral tested, identifying the type of testing performed, and certifying the results of the test.
(h) Issuance of Certificate of Compliance.
(1) If the application for certificate of compliance, properly completed and filed with the Ordinance Compliance Officer with the designated filing fee, indicates that there are no connections of surface storm water to the sanitary sewer system, then the Ordinance Compliance Officer shall issue the certificate of compliance within ten days of application therefore.
(2) If the lateral test reveals the existence of one or more surface storm water connections to the sanitary sewer system, the Ordinance Compliance Officer shall not issue the certificate of compliance until the connections have been removed and a qualified contractor has certified that there is no connection of surface storm water to the sanitary sewer system from the property to be sold or transferred.
(i) Temporary Certificate of Compliance.
(1) When a surface storm water connection to the sanitary sewer system or other significant defect is discovered and the necessary work to remove the connection would require a length of time such as to create a hardship for the applicant, the applicant may apply to the Ordinance Compliance Officer for a temporary certificate of compliance. The applicant must submit the following with the properly completed application:
A. A bona fide executed contract with a qualified contractor requiring the contractor to complete the remedial work necessary to the removal of the connections of surface storm water to the sanitary sewer system and/or to resolve the defect requiring remediation/repair, and granting the Municipality the right and power to enforce the contract.
B. Cash security in an amount equal to 110% of the contract described in paragraph (i)(1)(A) above.
C. The agreement of the property owner to be responsible for all cost overruns related to the remedial work, together with a license from the property owner to the Municipality, its agents, contractors, and employees, to enter upon the property to complete the remedial work in case of default by the contractor or the applicant.
D. The filing fee established by the governing body from time to time by resolution.
E. When the subject property contains a structure that is going to be demolished, the applicant must provide a bona fide executed contract with a qualified contractor that includes the anticipated date the demolition will be completed, a completed temporary certificate of compliance application and application fee.
F. If/when an escrow account is established at the time of closing on the sale or transfer, the applicant must provide proof of the escrow account having been established and funded within two business days following the date of closing.
(2) When lateral testing cannot be performed because of weather conditions, the applicant may apply to the Ordinance Compliance Officer for a temporary certificate of compliance. The applicant must submit the following with the properly completed application:
A. Cash security in the amount of one thousand dollars ($1,000).
B. The written, signed agreement of the property owner to correct, at the owner's sole expense, any surface storm water connections to the sanitary sewer system and/or other significant defects disclosed by the subsequent lateral test, together with a license from the property owner to the Municipality, its agents, contractors, and employees, to enter upon the property to conduct the lateral testing should the applicant fail to do so.
C. The filing fee established by the governing body from time to time by resolution.
(3) The Ordinance Compliance Officer may reject the application for temporary certificate of compliance whenever, in his or her sole judgment, the conditions defined by this section do not exist or the submissions required by this section have not been made.
(4) The temporary certificate of compliance shall be effective for 180 days, and the expiration date of the temporary certificate of compliance shall be noted on the certificate. The City Manager and Ordinance Compliance Officer shall have the option and authority to extend this period up to 90 days after the City has completed the installation of the sanitary sewer system within the City's right-of-way and/or easement that would correspond to the applicant's street address. The following shall also apply:
A. If, upon the expiration of the temporary certificate of compliance, the seller or applicant has not applied for and received a certificate of compliance, as provided for in subsections (g) and (h) hereof, the applicant can either request an additional extension at the fee of twenty-five dollars ($25.00) per request. Otherwise, the cash security shall be forfeited.
B. The Municipality may use the funds to complete the remedial work for the lateral testing.
C. Those that have been issued a temporary certificate of compliance before December 28, 2016 have the option to request an additional extension at no cost, in order to complete the pressure testing and receive a certificate of compliance.
(5) The application for temporary certificate of compliance form shall be available upon request from the Municipal Secretary.
(j) (EDITOR'S NOTE: Subsection (j) was repealed by Ordinance 5220, passed February 8, 2017.)
(k) Expiration of Certificate of Compliance. Certificates of compliance issued under this section to include any certificate of compliance issued under any previous ordinance requiring lateral testing and receipt of a certificate of compliance, and/or otherwise issued where requested upon satisfactory completion of lateral testing and removal of any/all illegal storm water connections, shall remain valid as follows:
(1) All certificates of compliance issued prior to December 31, 2022, and in follow-up to pressure testing, shall remain valid from the date of issuance until December 31, 2033.
(2) All certificates of compliance issued prior to December 31, 2022 and in follow-up to televised testing shall be valid until December 31, 2023 unless/until pressure testing requirements have been triggered for the subject property as described herein, or as required under this section addressing testing requirements upon sale/transfer of property.
(3) If/when pressure testing requirements are triggered for the subject property under paragraph (d)(3) above, a certificate of compliance issued prior to December 31, 2022 and in follow-up to televised testing shall become invalid as of the date when pressure testing requirements are triggered for the subject property, as described herein. Certificates of compliance issued in follow-up to televised testing shall always be invalid, and insufficient, to validate compliance upon the sale/transfer of property as required under this section.
(4) All certificates of compliance issued after December 31, 2022 shall remain valid for five years when issued for a residential property and for ten years when issued for a commercial property.
(l) Regulations. The Ordinance Compliance Officer is hereby empowered to make reasonable rules and regulations for the operation and enforcement of this section, including but not limited to: establishing the form of applications, acknowledgments and certifications; and limiting the time of year in which temporary certificate of compliance is available for reasons of weather.
(m) Conflict with General Police Powers. Nothing in this section shall limit in any fashion whatsoever the Municipality's right to enforce its ordinances or the laws of the Commonwealth. Nothing in this section shall be a defense to any citation issued by any municipal corporation or the Commonwealth pursuant to any other law or ordinance.
(n) Penalties. Any person who shall fail, neglect or refuse to comply with any of the terms or provisions of this section, shall be subject to a penalty of not more than six hundred dollars ($600.00) for each violation. Once a person is notified of a violation of this section, each day that such violation occurs or continues shall constitute a separate violation. In addition to and not in lieu of the foregoing, the Municipality or the public sewage provider may seek equitable relief to compel compliance with this section.
(Ord. 5152. Passed 8-13-14; Ord. 5166. Passed 1-28-15; Ord. 5178. Passed 8-12-15; Ord. 5179. Passed 8-12-15; Ord. 5220. Passed 2-8-17.)