Resolution No. 2005-1 

It is hereby resolved that the Authority establishes the Rule or Regulation that customers of the Authority in the City of Greensburg and the Boroughs of South Greensburg and Southwest Greensburg shall within thirty (30) days of the date of this Resolution remove any discharge of any storm, surface, or the connection of a downspout, roof drainage, or paved surface area drainage into the sewers of the Greater Greensburg Sewage Authority, or into any sewer line which leads directly or indirectly into the sewers of the Greater Greensburg Sewage Authority.

Thirty (30) days after the effective date of this Resolution, no person shall sell any real estate within the city of Greensburg, the Borough of South Greensburg, or the Borough of Southwest Greensburg on which a building or improvement exists without first obtaining a certificate of the Greater Greensburg Sewage Authority which shall be known as a Sewer Certificate.

DEFINITIONS:

APPLICANT: Any person selling real estate located in the City of Greensburg, the Borough of South Greensburg, or the Borough of Southwest Greensburg.

SEWER CERTIFICATE: An official statement from the Greater Greensburg Sewage authority stating that there are no illegal storm, surface or subsurface water connections, or connections of downspout, roof drainage or paved surface area drainage into the sewers of the Greater Greensburg Sewage Authority, nor into any pipe leading directly or indirectly to the sewers of the Greater Greensburg Sewage Authority.

PERSON: Any person, firm, corporation, association, institution, agency, authority, or other entity recognized by law as a subject of rights and duties.

REAL ESTATE: Real estate located within the City of Greensburg, the Borough of South Greensburg, or the Borough of Southwest Greensburg on which a building or improvement exists that is connected or can be connected to the sewers of the Greater Greensburg Sewage Authority.

APPLICATION: The Applicant shall make application on a form to be furnished by the Greater Greensburg Sewage Authority at least 30 days before the settlement date. The Applicant shall then have representatives of the Greater Greensburg Sewage Authority or its designee, perform an internal cameraing of the line and/or a dye test, and/or a smoke test and/or an air test of the sewage drainage system on the property to be sold. If a smoke test is performed it shall involve the sue of nontoxic, non-staining smoke, which is forced through the sewer system by the use of air blowers. In the event that there are no illegal storm, surface or subsurface water connections nor any downspout, roof drainage, or paved surface area drainage connections to the sewers of the Greater Greensburg Sewage Authority, the Greater Greensburg Sewage Authority shall issue a Sewer Certificate upon the payment of an established fee. When an illegal storm, surface or subsurface water connection, or a downspout roof drain, or paved surface area drainage is discovered by means of the above mentioned testing, no Sewer Certificate will be issued until the illegal connections/malfunctioning drainage system are moved or repaired, the system retested and approved by the Greater Greensburg Sewage Authority.

PENALTIES AND ENFORCEMENT:

Any person who violates any of the provisions of this Resolution may be charged with a summary violation and, upon conviction thereof, shall be sentenced to pay a fine of not more than Three Hundred Dollars ($300.00) plus costs of each violation. Each day a violation exists shall be considered a separate summary offense. In default of payment of imposed fines, the offender may be imprisoned for a term not to exceed ninety (90) days.

In addition to and not in lieu of the foregoing, the Greater Greensburg Sewage Authority may seek equitable and legal relief to compel compliance with this Resolution.

If any person or potential applicant believes that complying with this Resolution would create a hardship for such applicant, he or she may apply to the manager of the Greater Greensburg Sewage Authority to attempt to establish such a hardship. The manager of the Greater Greensburg Sewage Authority shall request whatever information he deems appropriate to determine whether or not a hardship exists. Within five (5) days of receipt of the information requested by the manager of the Greater Greensburg Sewage Authority, he or she will decide in writing whether such hardship exists and shall so notify the applicant. The manager of the Greater Greensburg Sewage Authority may postpone the time when the Applicant must correct any violation of this Resolution, if he or she decides any hardship exists for a period up to two (2) years, but in no event shall a variance be granted beyond the shorter of a two (2) year period of the time when a sale of the property occurs.

Any person or Applicant who is aggrieved by the decision of the manager of the Greater Greensburg Sewage Authority may appeal within ten (10) days of receipt of the manager’s decision to the Board of the Greater Greensburg Sewage Authority. the Board will then schedule a hearing either at its regularly scheduled monthly meeting or at a special meeting called for that purpose and will hold a de novo hearing on the request of the person or applicant to have a hardship declared. Upon the Appeal to the Board of the Greater Greensburg Sewage Authority, the Board shall have the same ability to grant a hardship of up to two (2) years or until the sale of a property occurs, whichever time shall be shorter in the same manner as the manager.

SEVERABILITY: The provisions of this Resolution 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 the Resolution shall not be affected or impaired thereby.

REPEALER: Any Motion or resolution of the Greater Greensburg Sewage Authority which conflicts with this Resolution is hereby repealed to the extent of such conflict.

EFFECTIVE: The effective date of this resolution shall be the 1st day of June 2005.