THIS ORDINANCE IS INTENDED FOR ADOPTION AT THE JUNE 20, 2023, MEETING
ORDINANCE NO. 2 of 2023
BLAINE TOWNSHIP
WASHINGTON COUNTY, PENNSYLVANIA
AN ORDINANCE OF BLAINE TOWNSHIP, WASHINGTON
COUNTY, PENNSYLVANIA, ESTABLISHING A REQUIREMENT
FOR CERTIFICATION OF SANITARY SEWER STATUS PRIOR TO
THE SALE OF REAL ESTATE WITHIN BLAINE TOWNSHIP AND
AS CONDITION FOR THE ISSUANCE OF MUNICIPAL LIEN
LETTERS AND PROPERTY TAX VERIFICATION LETTERS.
WHEREAS, the Pennsylvania Department of Environmental Protection (“DEP”) has
directed municipalities to take such steps as are necessary to eliminate sanitary sewer overflows
or face civil penalties and other sanctions; and
WHEREAS, Blaine Township is desirous of establishing certain procedures for the
issuance of municipal liens and property tax certifications; and
WHEREAS, Blaine Township believes it to be in the best interest, safety and welfare of
its residents to adopt this Ordinance.
NOW THEREFORE, Blaine Township, under and by virtue of, and pursuant to the
authority granted by the Second-Class Township Code, as amended, does hereby enact and
ordain as follows:
SECTION 1. TITLE.
This Ordinance shall be known and cited as the “Blaine Township Sewage Dye Test
Ordinance of 2023”.
SECTION 2. FINDINGS AND PURPOSES.
The Board of Supervisors of Blaine Township find that malfunctioning private septic
systems are in violation of Act 537 and constitute a public hazard for the residents of Blaine
Township. Board of Supervisors finds that the procedures, fees, and penalties provided for
herein are necessary to achieve the purposes of this Ordinance.
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SECTION 3. DEFINITIONS.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used
in this Ordinance shall be as follows:
CERTIFICATE OF COMPLIANCE – An official statement from the Township
stating that there are no illegal stormwater or surface water connections into the sanitary sewer
connections on the property to be sold which violates any section of the Ordinance of Blaine
Township.
DYE TEST – Any dye test performed by a Certified Sewage Enforcement Officer
appointed by the Township and/or local government cooperative organization as allowed for by
PA Act 537 of 1965 appointed by the Township 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.
ILLEGAL STORM OR SURFACE WATER CONNECTIONS – The discharge of
basement seepage or groundwater or the connection of downspouts, roof drainage or surface or
areaway drainage into the sanitary sewer system.
MUNICIPAL LIEN CERTIFICATION – A written letter from the Township
Secretary concerning municipal liens or claims filed with the municipal office for grading,
paving, curbing or any other municipal installations or improvements not including tax liens of
any kind, sewage or water liens filed with the Prothonotary or any other type of liens filed with
the Prothonotary of Washington County, Pennsylvania.
PERSON – Any person, syndicate, association, partnership, firm, corporation,
institution, agency, authority or other entity recognized by law as the subject of rights and duties.
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PROPERTY TAX CERTIFICATION – A written letter from the Township Property
Tax Collector concerning Township Property Taxes.
SEO – An official of the Township or local agency who reviews permit applications and
sewage facilities planning modules and issues permits as authorized by the Sewage Facilities Act
(Act 537) and conducts the investigations and inspections that are necessary to implement the
Act and the Pennsylvania Code Title 25, Environmental Protection Chapters 72 and 73
regulations thereunder.
SEWAGE AUTHORITY – A local agency who reviews permit applications and sewage
facilities planning modules and issues permits as authorized by the Sewage Facilities Act (Act
537) and conducts the investigations and inspections that are necessary to implement the Act and
the Pennsylvania Code Title 25, Environmental Protection Chapters 72 and 73 regulations
thereunder.
TEMPORARY CERTIFICATE OF COMPLIANCE – A temporary statement of
certification from the Township issued pursuant to the terms of this Ordinance.
TOWNSHIP – Blaine Township, Pennsylvania.
TOWNSHIP LIEN LETTER – a written letter from the Township certifying that the
property is free from municipal liens.
SECTION 4. ILLEGAL CONNECTIONS.
Illegal connections are prohibited.
SECTION 5. REPAIR PRIVATE SEWER FACILITIES.
Persons owning property are required to maintain all private sanitary sewer laterals and
sanitary sewer connections in good repair.
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SECTION 6. DYE TESTING UPON SALE OF PROPERTY.
It is unlawful for any person to sell property without first delivering to the purchaser a
certificate of compliance or a temporary certificate of compliance. For purposes of this
Ordinance, a “Sale of Property” shall include any conveyance or transfer whereby title is
transferred from one (1) person to another.
SECTION 7. SALE OF REAL ESTATE WITHOUT A CERTIFICATE OF
COMPLIANCE PROHIBITED.
After the effective date of this Ordinance, it shall be unlawful for any person to sell or
purchase real estate within the Township on which a building or improvement exists without first
delivering to the purchaser a certificate of compliance or a temporary certificate of compliance
from the Township.
SECTION 8. CERTIFICATE OF COMPLIANCE APPLICATION.
A. Any person selling real estate located as defined in this Ordinance that is located
within the Township (hereinafter referred to as “applicant”) shall make
application on a form furnished by the Township at least twenty-one (21) days
before the date of closing the sale. The applicant shall then cause to have
performed a dye test on the property to be sold. All dye tests shall be performed
by an SEO or Sewage Authority appointed by Blaine Township (hereinafter
referred to as “inspector”).
B. The inspection fee shall be in an amount set by resolution of Board of
Supervisors. The inspection fee shall be paid to the Township. In the case that
the Township has appointed a Sewage Authority, the inspection fee will be set by
the Sewage Authority and shall be paid to the Sewage Authority at the time of
making the application referred to in this Ordinance.
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C. Such inspector shall complete the appropriate portions on the form and certify that
the property has been dye tested and certify the results of such test. In the event
there are no illegal stormwater or surface water connections, the Township
Secretary or his/her designate shall issue a certificate of compliance upon
payment of such fee as set by resolution of Township Board of Supervisors.
When an illegal stormwater or surface water connection is discovered by means
of the above-mentioned dye test, no certificate of compliance will be issued until
the illegal connections are removed and certification of such removal by an
inspector is received. An additional inspection fee shall be paid by the applicant
for each inspection subsequent to the first inspection referred to in Subsection A
above.
SECTION 9. DURATION OF CERTIFICATE OF COMPLAINCE.
A certificate of compliance shall be valid for a period of three (3) year from the date of
issuance. Real estate may be sold during the three-year effective life of such document without
further dye testing or certification.
SECTION 10. INSTANCES WHEN A CERTIFICATE OF COMPLIANCE IS NOT
REQUIRED.
A certificate of compliance shall not be required in the following instances:
A. When property is refinanced but no conveyance takes place.
B. When an improvement to real estate has been recently constructed in accordance
with a valid building permit and has been inspected by the Code Enforcement
Officer and has not been formerly occupied. If such property is sold after one (1)
year of the date of the certificate of occupancy, or the inspections referred to in
this subsection, compliance with this Ordinance is mandatory.
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C. Conveyances between immediate family members. (i.e., a parent, spouse, child,
brother, sister, grandparent )
SECTION 11. TEMPORARY CERTIFICATE OF COMPLIANCE.
A temporary certificate of compliance may be issued at the Township’s sole discretion
when, either:
A. The applicant proves that dye testing cannot be performed because of weather
conditions. When such is the case, the applicant shall provide the Township with
security in such amount as Board of Supervisors be resolution shall establish to
guarantee that the dye test will be performed. The applicant will cause to have the
dye test performed within fourteen (14) days of written notification from the
Township, which will be given at such time as weather conditions make the dye
test possible. In addition, the applicant shall provide, on a form furnished by the
Township, a Notarized, signed, written acknowledgment from the purchaser
agreeing to correct, at purchaser’s sole cost and expense, any violations that may
be discovered as a result of subsequent dye tests. Nothing in this subsection shall
prohibit any purchaser from requiring the applicant to reimburse purchaser for
any costs incurred; provided, however, that primary liability shall run with the
land and no such agreement shall affect Township’s enforcement powers or
excuse the current owner from compliance with this Ordinance; or
B. When an illegal stormwater or surface water connection is discovered and the
necessary remedial activities to correct such connection would require a length of
time such as to create a practical hardship for the applicant, applicant may apply
to the Township Secretary for a temporary certificate of compliance, which may
only be issued when the applicant provides the Township with all of the
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following: A bona fide executed contract between the applicant and the
Township inspector to complete the necessary remedial work with the Township
listed therein as a third-party beneficiary; and cash security in the amount of said
contract is posted with the Township; and a written agreement by the purchaser to
be responsible for all cost overruns and extras related to the remedial work
together with a written license to enter upon the property to complete work in case
of default of the contractor referred to above. The Township Secretary shall
determine when such temporary document certification shall expire. Upon
expiration, the security shall be forfeited and the Township may use the security
to have the necessary remedial work completed.
SECTION 12. MUNICIPAL LIEN AND TAX LETTERS.
A. A request for a municipal lien or tax certification letter must be accompanied by a
valid certificate of compliance and payment of the required fees, which shall be
delivered to the Township Secretary at least seven (7) days before such letters are
to be provided. The amount of the fee for each item shall be established by
resolution of Township Board of Supervisors.
B. Where requested by a property owner or his agent and subject to time availability
as determined solely by the Township, the Township may issue municipal lien
and tax certification letters on two (2) days’ notice upon the payment of an
expedition fee in addition to the fees set forth above. The amount of the
expedition fee shall be established by resolution of the Board of Supervisors of
Blaine Township.
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SECTION 13. REGULATIONS.
The Township Secretary is hereby empowered to undertake the duties imposed by this
Ordinance, including, but not limited to:
A. Establishing acceptable forms of security or guarantees.
B. Establishing the form of applications, purchaser acknowledgment and inspector
certifications.
C. Limiting times of year in which the temporary certificate of compliance is
available for reasons of weather.
SECTION 14. ADJUSTMENT OF FEES.
Board of Supervisors of the Township may, by resolution, change from time to time the
fees authorized in this Ordinance.
SECTION 15. CONFLICT WITH GENERAL POLICE POWERS.
Nothing in this Ordinance shall limit in any fashion whatsoever the Township’s right to
enforce its ordinances or the laws of the Commonwealth. Nothing in this Ordinance shall be a
defense to any citation issued by any municipal corporation of the Commonwealth pursuant to
any other law or ordinance.
SECTION 16. VIOLATIONS AND PENALTIES; ENFORCEMENT.
A. Any person who violated any of the provisions this Ordinance may be charged
with such violation and, upon conviction thereof, shall be sentenced to pay a fine
of not more than Five Hundred and 00/100 ($500.00) Dollars for each violation
or, alternatively, sentenced to pay a fine of not more than the maximum permitted
under Pennsylvania law as the same may be from time to time amended and in
effect as of the date of conviction. In default of payment of imposed fines, the
offender may be imprisoned for a term not to exceed thirty (30) days.
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B. Whenever any person violating any of the provisions of this Ordinance is notified
of such violation in writing by the Township Secretary, each day or portion
thereof a violation occurs or continues to occur shall constitute a separate
violation.
C. In addition to and not in lieu of the foregoing, the Township may seek equitable
and legal relief to compel compliance with this Ordinance.
SECTION 17. SEVERABILITY.
The provisions of this Ordinance are hereby declared severable, and if any of its
provisions shall be held to be invalid or unconstitutional, or otherwise void for any reason, such
decision shall not affect or impair any of the remaining provisions hereof; it is hereby declared to
be the intent of the Township that this Ordinance would have been adopted is such invalid,
unconstitutional, or otherwise void provision had not been included herein.
SECTION 18. REPEALER.
Any Ordinance containing any provision inconsistent herewith to the extent that such
provisions are inconsistent, those provisions are also hereby repealed.
SECTION 19. EFFECTIVE DATE.
This Ordinance shall become effective five (5) days after enactment.
ORDAINED AND ENACTED INTO LAW by the Board of Supervisors of Blaine
Township in lawful session assembled this day of ___, 2023.
ATTEST: BLAINE TOWNSHIP
BOARD OF SUPERVISORS
Janice Carroll, Secretary/Treasurer
Fred Moore, Chairperson
(SEAL)
Randy Sochor, Vice Chairman
Robert Logsdon, Supervisor