Inflow Inspections and Charges
No Person shall transfer to any other Person, nor accept from any other Person, the transfer of the title to any property situated in a District and connected to, or required to be connected to, District infrastructure, unless and until the District Director shall have caused to be performed an Inflow inspection and determined the results of the test, or of corrections performed in response to the test (according to a District-issued permit when correction involves removal of a direct connection to District infrastructure), to be satisfactory. Approval shall be communicated by the Director in the form of a Certificate of Compliance.
The property owner(s) shall request a time of sale inspection by filing an application with the District. A fee, in accordance with the fee schedule established by the Board, shall accompany the application.
If the inspection fails, the District will issue a notice of violation to the property owner(s) describing prohibited discharges. The property owner shall promptly acquire all permits necessary to remedy violations and diligently pursue the necessary remedies. Additional sewage treatment charges shall be assessed consistent with this Law until such time as the violation has been remedied.
The Director may temporarily waive the requirement of a Certificate of Compliance as a prerequisite to transfer of title provided that:
the waiver is requested no fewer than ten (10) business days prior to the expected transfer, and provided the Director determines that a remedy cannot be performed prior to the transfer due to weather conditions or otherwise.
The buyer(s) agree(s) to the waiver and further agrees to remedy the violation within ninety (90) days of taking title.
In that event, a condition of the waiver shall be that the property owner(s) establish an escrow account in an amount determined by the Director to reasonably reflect the cost to remedy the violation based on a quote from a qualified contractor, supplied by the property owner, and upon such other information as may be requested or considered by the Director. Charges for treating the additional sewage shall continue until such time as the violation is remedied.
Failure of the buyer(s) to affect the remedy within the time period specified in the waiver shall be deemed to be a violation of this Section and the Law.
This section shall not apply to:
- Transfers in a tax foreclosure action, and transfers to a bank in connection with a bank foreclosure;
- Transfers in connection with a partition action under Article 9 of the Real Property Actions and Proceedings Law;
- Transfers by operation of law, such as by intestate or testamentary succession;
- Transfer of owner-occupied single-family residences between members of an immediate family. Immediate family members include spouses, and also include children, parents, siblings, and their spouses. This exemption does not apply in cases where a real property transfer inspection is requested by a lending agency;
- Transfers made to a former spouse as part of a divorce proceeding; and
- Transfers of undeveloped properties which are not connected to District facilities.
For properties where separate storm sewers are available within 100 feet of the property line or where, in the judgment of the Director, sufficient natural drainage is available, connections which contribute Inflow to the sanitary sewers shall be disconnected in a manner approved by the Director, prior to the sale of the property. In all other circumstances the Director shall have the discretion, taking into consideration the best interests of the District and the lack of alternatives to the property owner, to allow an otherwise prohibited Inflow connection. Any such authorization shall be communicated in writing, is subject to revocation at any time, and shall subject the property owner to an additional unit charge and/or to any other charge authorized by the District user charge resolution.
