Pre-Sale Sewer Testing

Overview

Effective January 1, 2017, the Ebensburg Borough and Cambria Township require all sellers of real estate served by the Ebensburg wastewater system to pass a sanitary sewer pressure test prior to closing. This regulation applies to all residential and non-residential properties where the building drain is not interconnected with another customer.

Testing Requirements

• Scope: The test applies to the entire sewer lateral from the foundation wall to the connection stub.
• Method: Components must be pressurized with air to a minimum of 5 p. s. i. and held for 15 minutes with no noticeable loss of pressure.
• Inspection: Requests for inspection must be made at least 24 hours in advance. The inspector allows up to 30 minutes per test.
• Fees: A fee is assessed for each retest if the initial test fails.

Property Transfer Scenarios

• Separate Systems: If a double house or townhouse has separate drains laterals for each unit, only the unit being transferred must pass the test.
• Same Owner, Separate Deeds: If units are separately deeded but share plumbing, they must be reconfigured into separate systems. No tapping fee is charged for the additional connection needed to separate them. Both sides must pass testing.
• Sold as One Property: If a building with interconnected drains is sold to a single new owner, the systems may remain interconnected but must pass the required testing.
• Different Owners, Shared Systems: If a double house or townhouse shares a common drain but is owned by different people, the plumbing must be reconfigured into separate systems. No tapping fee is charged for the separation. Both sides must pass testing.

Required Improvements

• Compliance: The sewer lateral from the foundation wall to the property line must meet current regulations, including a cleanout near the foundation and a viewport at the property line.
• Viewports: If a viewport exists but is not visible or accessible, the owner must expose it at their own expense.
• Failed Tests: If the lateral fails the pressure test, the entire sewer lateral must be replaced or modified to satisfy the air testing requirement.

Exemptions

Testing is not required if:

• The property passed an air pressure test within the previous five years and no alterations have been made to the tested components.
• The transaction is a refinancing without conveyance of interest.
• The transfer is into an ordinary grantor trust.
• The transfer is between spouses or former spouses pursuant to a marriage settlement.
• The transfer arises from a Sheriff’s sale where the purchaser is a mortgage holder or lien creditor (though subsequent transfers by them are subject to regulation).
• The transfer is a Deed in Lieu of Foreclosure (though subsequent transfers by the creditor are subject to regulation).

Hardship Extensions

If compliance causes undue hardship, owners may request an extension of up to 60 days from the closing date. This requires:

• Entering into an agreement for repairs.
• Providing proof of a bona-fide contract for necessary repairs.
• Providing proof of escrowed funds sufficient to cover the repairs.

Enforcement and Penalties

• Fines: Violations are summary offenses punishable by a $600. 00 fine.
• Responsibility: The seller is responsible for compliance prior to closing. If the buyer closes without assurance of compliance, the buyer becomes responsible. If non-compliance is discovered later due to fraud or error, the current owner is held responsible.
• Service Discontinuation: The Authority may discontinue water and/or sanitary sewer service to properties that fail to comply.
• I&I Violations: Properties contributing Infiltration/Inflow (I&I) must achieve compliance within five months of notification, which may include pressure testing all buried piping.