HomeMy WebLinkAbout95-04863
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L1BERlY HOLDING COMPANY, IN THE COURT OF COMMON PLEAS OF
A Pennsylvania Partnership, CUMBERLAND COUNlY, PENNSYLVANIA
Appellant
v,
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
V.
CARLISLE BOROUGH,
Intervenor
: 95-4863 CIVIL TERM
ORDER OF COURT
AND NOW, this cg day of February, 1996, the within appeal, IS
DISMISSED.
By the Court, "'~
~
Edgar B. Bayley, J,
John R. Kachur, Esquire
For Appellant
Edward L. Schorpp, Esquire
For Intervenor
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LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
V.
CARLISLE BOROUGH,
Intervenor
: 95-4863 CIVIL TERM
IN RE: LOCAL AGENCY APPEAL
OPINION AND ORDER OF COURT
BAYLEY, J" February 8, 1996:-
Liberty Holding Company appealed to this court from an August 14, 1995,
decision of the Carlisle Borough Board of Appeals affirming a determination by the
Carlisle Borough Public Works Department that Liberty is wrongfully discharging
stormwater through a roof drain on its property at 5 Courthouse Avenue, Carlisle,
directly into a public sanitary sewer, Liberty was ordered to disconnect the
stormwater drain from the publiC sanitary sewer.
Liberty seeks a de novo hearing, or a remand to the Board of Appeals for
another hearing, claiming that there is an incomplete record. The standards for
judicial review of local agency action are set forth at 2 Pa,C,S. Section 754:
(I) Incomplete record.-In the event a full and complete record
of the proceedings before the local agency was not made, the court
may hear the appeal de novo, or may remand the proceedings to the
agency for the purpose of making a full and complete record or for
further imposition in accordance with the order of the court,
95-4863 CIVIL TERM
(b) Complete record.-In the event a full and complete record of
the proceedings before the local agency was made, the court shall hear
the appeal without a jury on the record certified by the agency. After
hearing the court shall affirm the adjudication unless it shall find that the
adjudication is in violation of the constitutional rights of the appellant, or
is not in accordance with law, or that the provisions of Subchapter B of
Chapter 5 (relating to practice and procedure of local agencies) have
been violated in the proceedings before the agency, or that any finding
of fact made by the agency and necessary to support its adjudication is
not supported by substantial evidence, If the adjudication is not
affirmed, the court may enter any order authorized by 42 Pa,C,S. ~ 706
(relating to disposition of appeals),
9, The appeal of the petitioner was filed on May 30, 1995, A hearing
on the matter was first held by the Board on June 21, 1995,
However, the petitioner was not present for this meeting and
requested prior to the hearing that the matter be continued until
the next meeting of the Board, The next meeting of the Board
occurred on July 19, 1995,
As to a hearing and the record, 2 Pa,C,S, Section 553 provides:
No adjudication of a local agency shall be valid as to any party
unless he shall have been afforded reasonable notice of a hearing and
an opportunity to be heard, All testimony may be stenographically
recorded and a full and complete record may be kept of the
proceedings. In the event all testimony is not stenographically
recorded and a full and complete record of the proceedings is not
provided by the local agency, such testimony shall be
stenographIcally recorded and a full and complete record of the
proceedings shall be kept at the request of any party agreeing to
pay the costs thereof. (Emphasis added),
The decision of Carlisle Board of Appeals contains the following findings of
fact:
10. The petitioner objected to there not being a stenographic record
of the testimony presented before the Board and refused to offer
testimony pertaining to the matter, effectively abandoning the
appeal.
-2.
[o]ur case law with reference to appellate review of local agency
decisions, defines the 'full and complete record' required under Section
754 as 'a full and complete record compiled before the agency in
compliance with the law.' The law does not require that a
stenographic transcript be made of proceedings before the local
agency [and] a verbatim transcript Is not an essential prerequisite
for a valid and reviewable adjudication, provided that an adequate
record otherwise exists. (Emphasis added). (Citation omitted).
.
95-4863 CIVIL TERM
13, The petitioner did not request a stenographic record prior to the
hearing and did not agree to pay for the appearance of a
stenographer.
In Daniel v, Philadelphia Fair Housing Commission, 99 Pa, Commw, 155
(1987), the Commonwealth Court stated:
The record in this simple case includes the minutes of Carlisle Board of
Appeals on July 19, 1995, all related documents, and the written decision of the
Board of Appeals dated August 14, 1995, We have reviewed the entire record and
are satisfied that it is adequate to resolve this appeal.' Liberty was given notice of a
hearing and an opportunity to be heard. 2 Pa,C,S, ~ 553, Liberty, with its counsel,
appeared at the scheduled hearing without a stenographer, Liberty had not
previously requested a stenographer and did not at any time agree to pay the cost of
a stenographer, When the Board announced that it would proceed with the hearing,
Uberty walked. Liberty cannot direct the course of litigation by its absence. Uberty
waived the right to be present at the hearing and, now that we have determined that
there is an adequate record, to be further heard. Liberty notes that the Board went
1. If we had found otherwise, we would not have held a de novo hearing but
remanded to the Board for a further hearing,
-3-
,
95-4863 CIVIL TERM
sanitary sewers associated with the herein approved
discharge,"
8, Section 8.3 of the Technical Requirements of the Carlisle
Pretreatment Program, which is adopted under the provisions of
Chapter 197 of the Code of the Borough of Carlisle, states that
"all waters discharged Into any sewer collection system or
sewer system by any user shall not contain any stormwater,
surface water, groundwater, roof run-off, subsurface drainage,
or any discharges other than sewage wastes or wastewater
herein defined,"
The decision contains the following conclusion of law:
3, The petitioner is required by law to disconnect the roof drain for
the building on the property at 5 S. Courthouse Avenue from the
public sanitary sewer system.
Liberty now maintains that the Board of Appeals improperly applied the BOCA
National Plumbing Code/1990 to a pre-existing condition on its property. The Code,
however, provides in Section P-1Q4,1: "[t]he legal use and occupancy of any
structure existing on [the date of the adoption of the Code], or for which it had bean
heretofore approved, shall be continued without change except as shall be
specifically covered In this code." (Emphasis added). The drainage of stormwater
into a sanitary sewer is specifically covered in Section P-802.1 of the Code, which
provides that: "[s]tormwater shall not be drained into sanitary sewers." Furthermore,
Section P-101.3 states that: "[t]he continuation of occupancy or use of a building or
structure or part thereof contrary to provisions of this code shall be deemed a
violation, , , ," Health and safety regulations may be enforced retroactively to
preexisting usages involving publiC health and safety, Appeal of Culp, 104 Pa,
-5-
95-4863 CIVIL TERM
Commw. 635 (1987), The Board of Appeals found that the provision in the Borough
of Carlisle ordinance prohibiting the discharge of stormwater Into the public sanitary
sewer system exists to prevent the regional wastewater treatment plant operated by
the Borough from experiencing excessive flows of influent during rainstorms,
Obviously, the effective operation of the wastewater treatment plant is a matter of
public health and safety,
Liberty suggests that discharging stormwater into the street will constitute a
safety hazard, The BOCA Code provides for stormwater drainage into a separate
sewer system only where available, Section P-801.1, It is legal in the Borough of
Carlisle to discharge stormwater into the street where there are no stormwater drains,
which is the situation where Liberty's building is located. Thus the Borough has
determined that such discharge does not constitute a violation of public safety,
Liberty cannot substitute its judgment for that of the Borough in order to justify its
violation of the Code.
Liberty further maintains that the Borough of Carlisle is selectively enforcing the
ordinance prohibiting stormwater drainage into the sanitary sewer system. That is
contrary to the specific finding of the Board of Appeals that upon confirmation of a
violation, the Borough notifies property owners to disconnect systems that convey
stormwater to the public sanitary sewer system,
Liberty sets forth further arguments in its brief all related to evidence it would
have presented had it participated in the hearing before the Board, Such arguments
-6-
95-4863 CIVIL TERM
are waived. For the foregoing reasons, the following order Is entered.
QRDER OF COURT
AND NOW, this tl day of February, 1996, the within appeal, IS
DISMISSED,
By the Court/?
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John R. Kachur, Esquire
For Appellant
Edward L. Schorpp, Esquire
For Intervenor
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LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
.
,
v.
CASE NO. 95-4863
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
: CIVIL ACTION - LAW
: LOCAL AGENCY REVIEW
NOTICE OF FILING OF RECORD
Pursuant to the Writ of certiorari issued by the Cumberland
County Prothonotary in the above referenced matter, the
Consolidated Board of Appeals for the Borough of Carlisle files
the following record in connection with these proceedings:
1. Proof of publication of the hearing held by the
Consolidated Board of Appeals on Wednesday, July 19, 1995.
2. certified and attested copy of the minutes of the
Consolidated Board of Appeals meeting of Wednesday, July 19,
1995, together with certified and attested copy of the decision
of the Board dated August 11, 12 and 14, 1995.
3. certified and attested copy of pertinent sections of
Ordinance 1690 of the Borough of Carlisle.
4. certified and attested copy of Ordinance 1577 of the
Borough of Carlisle and section 8.3 of the Carlisle Regional
Waste Water Treatment Facilities pre-treatment program.
Respectfully submitted,
~~~
By:
Lee Deihl, Member of the Board
By:
Ra
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Member of the Board
By: \."~l#'\.l.-;
James
T.~
Tierno, Member of the Board
Date: SeDtember ~() 1995
PROOF OF PUBLICATION
Slate of Pennsylvania,
County of Cumberland, ss:
of THE SENTINEL.
of the County and State aforesaid, being duly sworn. deposes and says that THE SENTINEL. a newspaper of
general circulation In the Borough of Carlisle. County and State aforesaid. was established December 13th, 1881.
since which date THE SENTINEL has been regularly Issued in said County, and that the printed notice or
publication attached hereto Is exactly the same as was printed and published In the reular editions and issues of
THE SENTINEL on the following dates, viz
Marian M. Welsh
Copy of Notice of Publication
December 30, 1994
NOTICE
NonCE ts HEREBY OIVEN by Ihe Borouah Councll of the 1lolOu-~ or
Carlisle. Cumberland County, PtnnsytVlllia, dill the uIarI .... ,
meeting. of Council. boards, and c:ommiIsicns "'I Y sdleduted pu~bc:
beld in the Municipal BuiJdina, ~3 W. South S for the ~endar)'tar 199~ will be
0IberwUe ~. u roJlOWll: . II'eel, Carlisle, PauuyIVlll1A, IIIIIeu
eposes that he is not Interested in
:er of the aforesaid notice or
md that all allegations in the
nent as to time, place and character
'e true.
Coondl AItPda StttJaa
Filii Monday befOR the second 11wnday or aICb
IIIOIIdI, 6:30 p.rn.
SeaInct Thunday of aICb monlb, 6:30 p.m.
Third ~y of each month, 4:00 p.m.
Otftl3: 01/30; 0'1/27: OW3: ~IOI: ~/30; 07ftl3:
07131: 1!9tU5: 10m; 1000; t2lO4. AU meetinp will
....uII14:3O p.m. .
FIIIIThunday of each monIh e.ccpl JanllllY and
J~ly whea no meetinJ will be beld. All meeIinp
WIll be lleId 117:00 p.m. in the Community Ceo...
4ISFnnk!inS_, .
bscribed before me this 25th
nber ,19 95
j7~ 0/ ~
IIorou8b CoundI
Board or Appeals
HIstork:aJAn:b1tectur.i
Review BoanI
9/25/95
hrkJ and Recreatloa
Board
P1annlna and Zool...
Commbslon
Founh Thunday or each monlb eseep! November
when die meetin. will be beld 011 November 2111
All meeIinp will IIaIIII S: I S p,rn. .
Third \\w'...doy or aICb monIh, e.cepI JanllllY
when die meetina will be beld on JIII\III)' I lib. AU
meesm,. will be held II 7:30 a.m. lithe waler pIaaI
on I.onp Gap Road,
Flnt Thunday or each monlb eseep! JanllllY wIIett
die meedna will be beld on JIII\III)' 19dt. AU
-inas willlIaII a' (dO p,m.
7. /J~{;--
. Notar PUblic
Carlllk IIorouah
MlI1lklpal Authority
'd wt7
Zeal", Hurtna IIoanI
'xpires:
,
I.lie 0, lay
BOROUOH SECRETARY
C_ined '" E..rrifnrt iN C_it." Mn.....
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CERTIFICA TIONI ATTESTATION
We, Lee Deihl, James Oliver, and Ralph Tierno, the Carlisle Borough Board of
Appeals, do hereby certifY and attest that attached are true and correct copies of a
decision for the Carlisle Borough Board of Appeals case number 007-95, dated August
14, 1995, concerning 5 S, Courthouse Avenue, and minutes to the meeting of the Carlisle
Borough Board of Appeals held on Wednesday, July 19, ]995, including as an appendix a
copy of a certified letter dated May 12, ] 995, from the Borough of Carlisle to the
Kronenburg Building Company, c/o John Mumma, Carlisle Electric, PO Box 158, Carlisle,
PA 17013.
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Lee Deihl
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September 20, 1995
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CONSOLIDATED BOARD OF APPEALS
CARLISLE, PENNSYL V ANT.A
RE: '[~"'~'?~~~~'f
Liberty Ho/cIing Company
1442 Trindle Road
Carlisle PA 17013
CASE NUMBER: 007-95
OPINION AND DECISION:
DATE OF DECISION: August 14, 1995
The Carlisle Borough Board of Appeals met Wednesday, luly 19, 1995, at 4:00 p.m. in
the Municipal Building, 53 W. South Street, Carlisle, Cumberland County, Pennsylvania,
at which time and place a hearing was held on the above captioned matter.
FINDINGS OF FAC!':
An appeal was submitted by the Liberty Holcling Company, 1442 Trindle Road, Carlisle.
The petitioner is seeking relief from an order to disconnect a stonnwater drain from the
sanirazy sewer system at 5 S, Counhouse Avenue, pursuant to Section P-802.1 of the
BOCA National Plumbing Code/I990.
The petitioner appeared with counsel, Charles E, Zaleski, esq. The petitioner refused to
present evideoce in support of the appeal and, in fact, removed from the premises prior to
the Board's receipt of any evidence whatsoever. Thereafter, Pursuant to Section 5-7 of
the Code of the Borough of Carlisle, the Board allowed testimony to be received on bebaJf
of the Borough from Brian M Dennis, PlanningiZoninglCode Manager, and Michael T.
Keiser, Public Works Director.
I. Chapter 175 of the Code of the Borough of Carlisle adopts the BOCA National
Plumbing Code/I990.
2. Section P-I 03. I of the BOCA National Plumbing Code/l990 states that "this codtt
shall apply to existing plumhing .l)IStems. "
3. Section P-802. I of the BOCA National Plumbing Code/l990 states that "J1onn
water shoJJ not ~ drained into sanitary .IWWm'. "
4, The Borough staff'hu determined that the roofdrain fur the "'"'Lllng on the PfOt-ty
at 5 S, Courthouse Avenue is directly collllected to the public Slllitary sewer 5)....
-. ."
5. By certified letter dated May 12, 1995, the Borough notified the petitioner that this
cOMcction of the roof drain to the public sanitary sewer system violates the BOCA
National Plumbing Code/1990. The petitioner was further notified that the condition
must be corrected within ninety (90) days from the date of the notice. The deadline
for completing the necessary repairs as established by this letter is August 10, 1995.
6. Upon confirmation of a violation. the Borough notifies property owners to
disconnect roof drains, sump pumps, and other mechanisms that convey stormwater
to the public sanitary sewer system. These efforts are effected to prevent the
regional wastewater treatment plant operated by the Borough from experiencing
excessive flows of influent during rain storms.
7. The NPDES permit issued to the Borough by the Commonwealth of Pennsylvania.
Department of Environmental Resources, which provides authorization to the
Borough to discharge under the National Pollutant Discharge Elimination System,
states that "no stomrwater from pavements, area ways. roofs. foundation drains, or
other sources shall be admitted directly to the sanitary sewers associated with the
herein approved discharge."
8, Section 8.3 of the Technical Requirements of the Car1is1e Pretreatment Program.
which is adopted under the provisions of Chapter 197 of the Code of the Borough of
Car1is1e, states that "all waters discharged into any sewer collection system or sewer
system by any user shall not contain any stomrwater, surface water, groundwater,
roof run.()/f. subsurface drainage, or any discharges other than sewage wastes or
wastewater herein tkfined,"
9, The appeal of the petitioner was filed on May 30, 1995. A hearing on the matter
was first held by the Board on June 21, 1995. However, the petitioner was not
present for this meeting and requested prior to the hearing that the matter be
continued until the next meeting of the Board. The next meeting of the Board
occurred on July 19, 1995.
10, The petitioner objected to there not being a stenographic record of the testimony
presented before the Board and refused to offer testimony pert.inil1g to the matter,
effectively abandoning the appeal.
11, Chapter 5 of the Code of the Borough of Car1is1e, which creates the Board of
Appeals and establishes procedures and rules for conduct of meetings. does not
require that a stenographic record be kept.
12, State law provides that a stenographic record sbaI1 be kept by the 1llUJlicipa1ity wben
requested by the applicant and when the applicant agrees to pay the costs asso""'ld
with the appearance of a stenographer.
. .
. \
13, The petitioner did not request a stenographic record prior to the hearing and did not
agree to pay for the appearance of a stenographer.
CONCLUSIONS OF LAW:
1, The petitioner abandoned the appeal by not providing testimony to support the
dismissal of the order of the Borough; and further, the petitioner did not properly
protect its appeal rights under the Local Agency Law.
2. The draining of stonnwater into public sanitary sewers is counter to the public
health, safety, or welfare.
2, The petitioner is required by law to disconnect the roof drain for the building on the
property at 5 S. Courthouse Avenue from the public sanitary sewer system
ORDER OF THE BOARD:
Accordingly, the appeal oflhe petitioner is dismissed and the order of the Borough dated
May 12, 1995, to disconnect a stonnwater drain from the sanitary sewer system at 5 S.
Courthouse Avenue, pursuant to Section P-802.l of the BOCA National Plumbing
Codel1990 is affirmed. Such worlc must be completed within thirty (30) days from the
date of this notice.
Anyone aggrieved by this decision of the Board has the right to appeal to the Cumberland
County Coun of Common Pleas within thirty (30) days from the date of this decision.
Present to wit: Lee Deihl, Tun Oliver, and Ralph Tierno.
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LEEDElHL ATE---ifl/ / C(~
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4. The Borough staff has determincd thatthc roof drain for the building on the property
at 5 S. Courthouse Avenue is dircctly connected to the public sanitary sewer system,
5, By certified letter datcd May 12. 1995, thc Borough notified thc petitioner that this
connection of the roof drain to the public sanitary sewer systcm violatcs the BOCA
National Plumbing Codcll990 Thc petitioncr was further notified that the condition
must be corrected within nincty (90) days from the date of the notice. The deadline
for completing the necessary repairs as established by this letter is August 10, 1995,
(A copy of this notice is included as an appendix to these minutes.)
6. Upon confirmation ofa violation. the Borough notifies property owners to
disconnect roof drains, sump pumps, and other mechanisms that convey stormwater
to the public sanitary sewer system, These efforts are effected to prevent the
regional wastewater treatment plant operated by the Borough from experiencing
excessive flows of influent during rain storms.
7, The NPDES permit issued to the Borough by the Commonwealth of Pennsylvania.
Department of Environmental Resources, which provides authorization to the
Borough to discharge under the National Pollutant Discharge Elimination System,
states that "110 .I'Iormwater from pal'emell1,~, area w~s. rrHJf.~, fOlllldatioll draill.~, or
other sOllrces shall be admitted directly to the sallitary selrer.I' as,mciated with the
hereill apprrJl'ed discharge."
8. Section S,3 of the Technical Requirements of the Carlisle Pretreatment Program,
which is adopted under the provisions of Chapter 197 of the Code of the Borough of
Carlisle, states that "all waters discharged ill10 allY sewer collectioll system or sewer
S)'stem by allY IIser shall lIot coll1ain any stormwater, .\lIrjace water. grollndwater,
roof nm-ofj. sllb,\lIrjace draillage. or allY discharges other than sewage wa,wes or
wastewater herein defined. "
Condusion: On motion by Jim Oliver and second by Ralph Tierno, the Board
unanimously voted to deny the appeal and to order that the necessary corrections be made
within thirty (30) days from the date of the written decision This motion was based on
the following conclusions:
I. The petitioner abandoned the appeal by not providing testimony to support the
dismissal of the order of the Borough; and further, the petitioner did not properly
protect its appeal rights under the Local Agency Law
2. The draining of stormwater into public sanitary sewers is counter to the public
health, safety, or welfare.
3 The petitioner is required by law to disconnect the roof drain for the building on the
property at 5 S Courthouse Avenue from the public sanitary sewer system
The meeting was adjourned at 4 30 P m ....ith no further business before the Board
Board of Appeals n July 19. 1995
Page 2
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BOROUGH OF CARLISLE
.Commuted To E::cellence In Communlty Service-
CERTIFIED MAll.
May 12, 1995
Kronenburg Building Company
c/o John Mumma
Carlisle Electric
PO Box 158
Carlisle PA 17013
RE: . S. S. Courthouse Avenue to. Gingerbread Man Building
Dear Mr. Mumma:
As you are aware. it has recently been determined by the Carlisle Borough Public Works
Depanment that the roof drain for the above referenced building, which is situated on tax
parcel 04-21-320-058 owned by the Kronenburg Building Company, is COMected to the
public sanitary sewer system. Please be advised that this is a violation of the BOCA
National Plumbing Codel1990. which is adopted as Chapter 175 of the Code of the
Borough of Carlisle. Specifically, the Plumbing Code states under Section P-802.1 that
"storm water shall not be dramed into sanitary sewers,. Pursuant to Section P-I 03, I of
the Plumbing Code, "this code shall apply to existing plumbing systems."
Accordingly, this violation must be corrected within ninety (90) days from the date of this
notice. The deadline for completing the necessary repairs is August 10, 1995, Failure to
comply with the terms of this notice shall result in further legal action being taken against
you. Pursuant to Section P.I01.3 of the Plumbing Code. .the continuation of occupancy
or use of a building or strUcture or parr thereof contrary to the provrSlons of this code
shall be deemed a violation, and subjecr to penalties prescribed in Section P-lli.O."
Section P-117. 0, as amended, establishes that:
Any pITson, including a corporarron, who shall VIolate any provISion of this chapter
or shall fml to comply with any rtqurrtments thereof... shall be guIlty of a summary
offense and shall, upon convlctron thereof, be selltenced to pay a fintl of nor mort
than thrte hundred dollars (5300) nor less than fifty dollan ($50), plu.s costs of
prosecurron ... EAch day rhat II vralanon is continued shall constlture a separate
offense.
Pursuant to Section 5-7 of the Code of the Borough of Carlisle. you may appeal this
determination to the Carlisle Borough Board of Appeals. provided that your appeal is tiled
53 West South Stn!et, Carlisle, PA 17013
Tel. {717J 249-4422; FAX l717J 249-5587
within ten (10) days from the date or your receipt of this notice. Applications for this
appeal are available from this office.
I appreciate your cooperation and prompt attention to this matter, If you have any
questions, please do not hesitate to contact me,
Sincerely,
~~
Planning/Zoning/Code Manager
cc: F, Bean
M. Keiser
E. Schorpp
R. Gamer
Property File
Suspense File - 8/10/95
.
CERTIFICATION/ATTESTATION
I, Julie D. Lay, Borough Secretary ofthe Borough of Carlisle do hereby
certify and attest that the attaehed are a true and eorreet copies of ordinanee
1690 and pages containing Sections P-103.0 [Existing Plumbing Systemsl
and P-802.0 [Storm Water Drainage to Sanitary Sewer Prohibited 1 from the
BOCA National Plumbing Codel1990, which were duly enaeted and ordained
on November 8,1990, as ordinance 1690 by Borough Couneil of the Borough
of Carlisle, Cumberland County, Pennsylvania, and has thereafter been, and
eontinues to be, in full force and effect within the Borough.
~JI~
u ieD, Lay .
orough Secretary
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Date
(Sea\)
,',
f 175-2. When effective; applicability,
The provisions of this chapter shall take effect upon enactment, provided
that where a permit has already been issued under prior ordinances for work in
the nature of installation, alteration, extension, repair or maintenance of plumb-
ing and drainage systems, this chapter as previously existing shall govern said
work.
~ 175-3.. ModificatioDS to stJOnd..rds.
A. "The Borough of Carlisle" shall be inserted in any line where "[name
of jurisdiction]" is stated in the BOCA National Plumbing Code/1990.
(1) Section P.I00,1 (page I, line 2) insert, "the Borough of Carlisle."
B. The following words or terms shall be inserted in the following provi-
sions of the BOCA National Plumbing Code/1990:
(1) Sect.ion P.U7,4, page 9, lines 4, 5 and 6: "summary offense,"
(2) Section P.308,3, page 27, line 2: "four (4) feet zero (0) inches."
(3) Section P-308.4, page 27, line 4: "48 inches" and "48 inches."
(4) Section P.S1S.1, line 6: "There shall be no soldered joints under-
ground."
C. The following definitions shall be added to Section P-201.0, Defini-
tions:
Apprentice plumber: A person who is registered by a licensed mas-
ter plumber with the Plumbing Official as being apprenticed to said
master plumber in the course ofleaming the practice of plumbing.
Journeyman plumber: A person who has served an apprenticeship
of four (4) years, in the Borough of Carlisle or elsewhere: who is con-
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sidered by the Plumbing Official to be qualified for Uam;nation; and
who, upon satisfactorily passing an examination therefor, has been
properly licensed as a journeyman plumber.
Master plumber: A person who has served as a journeyman
plumber for a period of two (2) years and who, upon satisfactOrily
passing an examination therefor, has been properly licensed as a
master plumber in the Borough of Carlisle.
D, The following sections or provisions of the BOCA National Plumbing
Codel1990 are hereby revised to read as follows:
SECTION P.I08.0 APPROVAL
P.I08.2 Modifications: When there are practical difficulties involved
in carrying out the provisions of this code or an approved role, the
owner/representative may appeal to the Consolidated Board of
Appeals, who may vary or modify such provisions, provided that the
spirit and intent of the law are observed and public health, safety and
welfare assured,
P.I08.4 Alternative materials and equipment: The provisions of the
code are not intended to prevent the use of any material or equipment
not specifically prescribed by this code and chapter, provided that any
such alternative has been approved.
The Board of Appeals may approve any such alternative, provided
that it has been found that the proposed design is satisfactory and
complies with the intent of the provisions of this code, and that the
material, method or work offered is, for the purpose intended, at least
the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety.
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SECTIONP.llo.o DUTIES AND POWERS OF THE
PLUMBING OFFICIAL
p.no.! General: The Plumbing Official shall enforce all the provi-
sions of this code and shall act on any question relative to the mode or
manner of construction and the materials to be used in the installa-
tion of plumbing work,
P.110.2 Applications and permits: The Plumbing Official shall
receive applications and issue permits for the installation, extension,
alteration, repair or maintenance of plumbing and drainage sys-
tems.
p.nO,4 Inspections: The Plumbing Official shall make all the
required inspeetions, The Plumbing Official may engage such expert
opinion as may be deemed neeessary to report upon unusual techni-
cal issues that may arise, subject to the approval of the appointing
authority.
P.110.5 Credentials: The Plumbing Official shall carry proper cre-
dentials of office for the purpose of inspeeting any and all buildings
and premises in the performance of his or her duties.
p.nO.8 Issuance of plumbers' licenses: The administrative author-
ity shall establish standards and procedures for the qualification,
examination and licensing of plumbers and shall issue a master
plumber's or journeyman plumber's license, as the case may be, to
each individual who shall meet the qualifications therefor as deter-
mined by the results obtained by such individual in an examination
taken by him or her, The administrative authority shall determine
the character of the examination to be given any applicant and shall
conduct such examinations for the purpose of determining such
applicant's competency and knowledge of plumbing and drainage
work,
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P.1l0.8.1 Examination Cees: The administrative authority shall
establish reasonable fees, to be set forth in Chapter 120. Fees. as
enacted and ordained. and as may be, from time to time, amended. to
be paid by applieants for the examination of the journeyman
plumber's license and the master plumber's lieense.
SECTION P.ll1,O APPUCATION FOR PERMIT
P.llI.I.I Permit not required: No permit shall be required for a
master plumber to perform any plumbing work or project which has
a fair market cost of one hundred dollars ($100,) or less, provided that
there are no alterations or modifications to the plumbing or drainage
system,
P.111.I.2 Additional permit: A separate permit shall be obtained for
each building or structure.
SECTION P.112.0 PERMITS
P.112.1.1 Permit to registered or master plumbers: No permit shall
be issued to any person to do or cause to be done any work regulated
by this code except to a person holding a valid, unexpired and unre-
voked plumbing contractor's certificate or registration as required by
this eode, except when and as otherwise hereinafter provided in this
section,
P.112.1.2 Exception: Any permit required by this code may be issued
to any person to do any work required by this code in a single-family
dwelling used exclusively for living purposes, including the usual
accessory buildings and quarters in connection with such buildings,
in the event that any such person is the bona fide owner of any such
dwelling and accessory buildings and quarters and that the same are
occupied by said owner, provided that said owner shall personally
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purchase all materials and shall personally perform all labor in
connection therewith,
P-112.8 Duration of permit: Every permit issued by the Plumbing
Official under the provisions of this eode shall expire by limitation
and become null and void if the work authorized by such permit is not
commenced within sixty (60) days from the date of such permit or if
the work authorized by such permit is suspended or abandoned at
any time after the work is commenced for a period of one hundred
twenty (120) days. Before such work ean be recommended, a new
permit shall first be obtained to do so,
SECTION P.U4.0 FEES
P.114.l General: A permit to begin work for new construction or
alteration shall not be issued until the fees prescribed in this section
shall have been paid to the Code Administration Department or other
authorized agency of the jurisdiction, nor shall an amendment to a
permit neeessitating an additional fee because of the additional work
involved be issued until the additional fee shall have been paid.
P.114.2 Fee Schedule: The fees for all plumbing work and licenses
shall be paid in accordance with Chapter 120, Fees, as enacted and
ordained, and as may be, from time to time, amended, It shall not be
relevant in determining fair market eost that no, or less than nor-
mal, actual cost may be involved because of the applieant's doing the
work himself or herself, obtaining materials free or for some other
reason.
SECTION P.IIS.O INSPECTIONS
P-llS.l Required: It shall be the duty of the Plumbing Official to
enforce the provisions of this code and to make such inspections and
testa as may be required under Article 17.
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P.1l5.2 Inspections: All plumbing and drainage systems shall be
inspected by the Plumbing Official to ensure compliance with all the
requirements of this code. Upon completion of the plumbing work, a
final inspection shall be made and all violations of the approved plans
and permit shall be noted and the holder of the permit shall be noti-
fied of the discrepancies.
P.1l5.2.1 Notification: It shall be the duty of the person doing the
work authorized by the permit to notify the Plumbing Official, orally
or in writing, that said work is ready for inspection. Such notifica.
tion shall be given not less than twenty-four (24) hours before the
work is to be inspeeted. It shall be the duty of the person doing the
work authorized by the permit to make sure that the work will stand
the tests prescribed elsewhere in this code before giving the above
notification,
P.1l5.3 Right of entry: In the discharge of his or her duties, the
Plumbing Official or his or her authorized representative shall have
the authority to enter at any reasonable hour any building, structure
or premises in the jurisdiction to enforce the provisions of this code.
SECTION P-1l7,O VIOLATIONS
P.U7,4 Violation penalties: Any person, including a corporation,
who shall violate any provision of this ehapter or shall fail to comply
with any requirements thereof, or who shall install, alter, repair or
maintain a plumbing or drainage system in violation of an approved
plan or directive of the Plumbing Official or of a permit issued under
the provisions of the BOCA National Plumbing CodeJ1990, shall be
guilty of a summary offense and shall, upon conviction thereof, be
sentenced to pay a fine of not more than three hundred dollars ($300,)
nor less than fifty dollars ($50.), plus costs of prosecution; in default
of payment of said fine and costs not caused by indigency, said person
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shall be subject to imprisonment of up to thirty (30) days. Each day
that a violation is eontinued shall constitute a separate offense.
SECTION P-l22.0 APPEAlS
P.122.1 Application for appeal: The owner of a building or structure
or any other person may bring before the Consolidated Board of
Appeals a decision of the Plumbing Official refusing to grant a modi-
fication of the provisions of this eo de covering the manner of eon-
struction or repair of a plumbing or drainage system. Application
for appeal may be made when it is claimed that the true intent of this
code or the rules legally adopted thereunder have been incorrectly
interpreted. the provisions of this code do not fully apply or an equally
good or better form of construction ean be used,
P-122.2 Action of Board: The Board shall affirm, modify or reverse
the decision of the Plumbing Official.
P-122,3 Enforcement of decision: The Plumbing Official shall take
immediate action in accordance with the Board,
P-122,4 Court review: Any person aggrieved by a decision of the Con-
solidated Board of Appeals, whether or not a previous party of the
decision, or any officer or official board of the jurisdiction. may apply
to the appropriate court as provided by law,
SECTION P.123.0 MASTER PLUMBER'S UCENSE
REQUIRED
P.123.1 Plumbing work to be performed by or under supervision of
licensed master plumber: It shall be unlawful for any person to
engage in the business of plumbing in the Borough of Carlisle unless
such person shall be licensed as a master plumber under the provi-
sions of this Article, provided that if any person engaged in the busi.
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ness of plumbing in the borough shall be a firm or corporation, at
least one (I) individual, being a member of such firm or corporation,
shall be a licensed master plumber under the provisions of this Arti-
cle.
P.123.2 Supervision by master plumber: No person shall perform
plumbing work in the Borough of Carlisle unless such work is per-
formed by or under the supervision of a licensed master plumber.
P.123.3 Exception: Any individual or individuals owning premises
in which he, she or they alone reside or intend to reside may perform
plumbing work on said premises whether or not licensed as a master
plumber, provided that a permit is obtained therefor and the provi-
sions for inspeetion as herein contained are complied with, and pro-
vided further that before a permit is granted for work involving exca-
vation and work in the streets or alleys of the borough, the require-
ments for bond and insurance in Section P-127.0 of this eode are com-
plied with.
SECTION P-124,O LICENSES AND REGISTRATION
P.124.1 Licenses and registration: Any person desiring to be
licensed as a journeyman plumber shall make a written application
to the Board, Enclosed with such application shall be a sworn affi-
davit from the firm or firms under which such person served his or
her apprenticeship to become eligible for examination. In the event
the applicant is desirous of a master's license, he or she also shall
have a sworn affidavit from the firm or firms under which he or she
has served as a journeyman plumber. In the event any of said affi-
davits are not available and the reason for such unavailability is
submitted to the administrative authority, if said administrative
authority shall find the unavailability to be upon reasonable grounds,
it shall then determine the qualifications.
P.124.2 Reexaminations: Any person who fails to pass the examina-
tion as prescribed by the administrative authority may apply for
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reexamination after the expiration of thirty (30) days. Should such
person fail to pass the second time, the administrative authority may
refuse a third application until after the expiration of six (6) months.
P.124.3 Temporary license: The Plumbing Official may issue a tem-
porary license pending final determination by the administrative
authority of the applicant's qualifications, provided that the applicant
holds a valid plumber's license issued by another municipality. Said
municipality shall be comparable in size to the Borough of Carlisle
and shall have adopted a comparable Plumbing Code, and under the
conditions as set forth in the definition for master plumber, Section
175-3C.
P.124.4 Apprentice plumbers: Each apprentice plumber shall be reg-
istered every year by the maser plumber who employs said appren-
tice. The Plumbing Official shall maintain a permanent record of
such registration.
P.124.5 Existing licenses: The status of all licenses issued by the
Borough of Carlisle shall remain as heretofore as of the date of the
enaetment of this code.
P.124,6 Special license: In lieu of applying for a master plumber's
license as herein provided. any person holding a current master
plumber's license from another municipality which has a compara-
ble Plumbing Code may apply to the Plumbing Official for a special
license authorizing a specific or individual job to be performed within
the Borough of Carlisle. The fee for eaeh special license shall be as
provided for in Chapter 120 of this Code and shall be in addition to all
other plumbing fees. Such special license shall require full compli-
ance with all the provisions of this code as to inspection and furnish.
ing of a certificate of general liability insurance, as set forth in Sec.
tion P.127,O. At the completion of each contract or job, the special
license shall be void, and no further work shall be performed until
another special license is obtained s herein provided,
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P.124.7 License nontransferable: No person who has obtained a
plumber's license shall allow his or her name to be used by another
person either for the purpose of obtaining permits or for doing busi-
ness or work under the license. Every person lieensed shall notify
the Plumbing Official of his or her plaee of business, if any, and the
name under which such business is operated, and shall give imme-
diate notice to the Plumbing Official of any change in either,
P.124.8 License numbers: All master plumbers' licenses shall be
numbered and each such licensee shall cause to be printed on all
trucks used in his or her business, in letters at least one (I) inch
high, "Plumber's License No. _." and shall insert in the blank the
number of the license issued to him or her, Once a master plumber's
license has been issued to a master plumber and it is kept currently
renewed, the same license shall continue.
SECTIONP.125.0 UCENSE 1"~
P.125.1 Fees: The fees for a master plumber and a journeyman
plumber shall be as prescribed in Chapter 120, Fees, of this eode.
P-125.2 Renewal of licenses: All licenses issued by the Board shall
expire on December 31 of the year in which issued. Licenses may be
renewed between January 1 and January 31 of the following year
upon the payment of fees as adopted by resolution.
P.125.3 Expired licenses: Expired licenses may be renewed at any
time after January 31 upon the payment of the required fee plus a
penalty fee, as set forth in Chapter 120. Fees, as enacted and
ordained. and as may be, from time to time, amended.
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SECTlONP.126.0 REVOKED AND SUSPENDED
UCENSES
P.128.1 Suspension and revocation: The administrative authority
may suspend or revoke any license or certificate and the privilege of
having a license or certificate upon violation of or noncompliance
with any of the provisions of this ehapter, including those of the
Water Ordinance and Sewer Ordinance, as said ordinances have
existed, now exist or hereinafter exist; the administrative authority
may also suspend or revoke any license or certificate and the privi-
lege of having a lieense or eertificate for any eonduct unbecoming of a
plumber or indicative of incompetence or dishonesty or similar
unfitness for the position,
P.128.2 Term of suspension: A suspension shall be for such term as
the administrative authority may determine or an indefinite term or
a term subject to a condition, and may exeeed the term of any license
or certifieate which the person in question may then hold. In the
event of a revocation, the person in question shall never again be
permitted to hold a license or certificate.
P.126.3 Determination by the arlmini<<trative authority: The admin-
istrative authority shall consider as an aggravating circumstance, in
deciding upon appropriate aetion, the fact that the person in question
has previously acted improperly, if such is the case,
P.128.4 Responsibility of employer: In a proper case, as determined
by the administrative authority, an employer shall be subjected to
suspension or revocation as a consequence of the acts of an employee,
provided that nothing herein shall excuse the employee from such
strictures.
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SECI'ION P.127.0 MASTER PLUMBER'S INSURANCE
P.127.1 Master plumber's insurance: Before any license, certificate
or permit shall be issued to a master plumber, the said master
plumber shall execute and deliver to the Plumbing Official a contrac-
tor's liability insurance poliey of not less than three hundred thou-
sand dollars ($300,000,)
P.127.2 Nature and condition of insurance policy: The nature and
condition of the said liability insuranee shall be that the master
plumber shall save, indemnify and keep harmless the Borough of
Carlisle of and from all accidents, damages, action, suits and pay-
ments consequent therefrom for or by reason of any opening in the
street, alley or avenue made by said plumber or those in the
plumber's employ for the purpose of repairs, installation or any other
work done in conneetion with the sewer, drain, water or other pipes;
that said master plumber shall keep and maintain conspicuously
plaeed from sunset until sunrise of every night during the continu-
anee of any obstruction or excavation such number of red lights along
and over the same as shall be necessary for public safety or as shall
be prescribed by the Plumbing Official; that said master plumber
shall also properly fill, in accordance with borough regulations, as
set forth in Chapter 223, Streets and Sidewalks, any opening or exca-
vation made in any street, alley, avenue or sidewalk for the purpose
of connecting with service pipes, and relay, replace and restore the
same, as well as the sidewalks, curb and street pavement over any
such opening, in as good condition as said plumber found it, and
keep and maintain the same in good condition for a period of at least
two (2) years after such opening shall have been made and closed;
and said master plumber will comply with the rules and regulations
imposed upon him or her for the violation thereof.
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CORRECTION
Previous Image
Refilmed to Correct
Possible Error
pipe is joined, and the pipe shall not be supported on blocks to
grade.
P-308.4.3 Backfilling from curb to structure: All water laterals shall
have a minimum of six (6) to eight (8) inches of eover of 2-B stone or
equal, tamped. All sewer laterals shall have a minimum of twelve
(12) inches of eovering of 2-B stone or equal, tamped in six-inch lay-
ers. After the 2-B or equal cover, loose earth free of rocks, broken
concrete, frozen ehunks and other rubble shall be carefully placed in
the trench in six-inch layers and tamped in place. Care shall be
taken to thoroughly compaet the backfill under and beside the pipe to
be sure the pipe is properly supported, Backfill shall be brought up
evenly on both sides of the pipe so that it retains proper alignment.
SECTION 401,0 PERFORMANCE REQUIREMENTS
P.401.1 Approved materials required: All materials, fixtures or
equipment used in the installation, repair or alteration of any plumb-
ing system shall conform to the standards listed in this code, except
for those sections which have been deleted, revised or added by this
chapter,
SECTION 404,0 PIPING SYSTEM MATERIALS
P-404.1 Water supply systems: Water supply systems shall be of
materials and workmanship as set forth in the following section. P-
404.1.1 through P-404,L4
P-404,l.2 Water service pipe: Water service pipe shall be copper tub-
ing, Type K only, to meet AST~ standards,
P-404.1.3 Water distribution pipe: Water distribution pipe shall be
copper tubing of a weight not less than Type L. to meet ASTM stan-
dards, or chlorinated polyvinyl chloride (CPVC) plastic pipe and tub-
15
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ing, to meet ASTM B75, ASTM B88 or ASTM B251. All water distri-
bution pipe shall have a minimum pressure of eighty (80) pounds per
square inch at one hundred eighty degrees Fahrenheit (180 F.),
P-404,1.4 Water main: Water mains shall be of ductile iron cement
line, to meet AWWA standards.
P-404.2 Sanitary drainage systems: Sanitary drainage systems shall
be of material and workmanship as set forth in the following sec.
tions.
P-404.2.2 Underground building drainage pipe: Underground build-
ing drainage shall be of cast iron, to meet ASTM or CISPI standards,
or acrylonitrile/butadiene/styrene (ABS) plastic pipe, Schedule 40, or
polyvinyl chloride (PVC) plastie pipe, to meet ASTM 02665 or ASTM
02949.
P-404.2.3 Building sewer pipe: Building sewer pipe shall be of cast
iron conforming to ASTM and CISPI standards or ABS Sehedule 40
and PVC to meet ASTM standards, Joints shall be watertight and
rootproof.
P-404.2.4 Building sewer pipe in trench with water service: When
the building sewer is installed in the same trench as the water ser-
vice as provided in Section P-1502.2.1, service lines shall be at least
eighteen (18) inches apart. The joints shall be such as to remain
watertight and rootproof.
P-404.2.5 Drainage pipe in tilled ground: When a building sewer or
building drain is installed on filled or unstable ground, the drainage
pipe shall confonn to one of the standards for ABS Schedule 40, cast-
iron pipe or PVC plastic pipe listed in Table P-404.2,3.
P-404,3 Storm drainage systems: Building stonn drain under-
ground, inside the building, shall be in accordance with Section P-
404.2.2,
16
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P-404.4.2 Underground vent pipe: Underground vent piping shall be
of ABS Schedule 40, cast-iron pipe or PVC plastic pipe conforming to
one of the standards listed in Table P-404,2,2. Where threaded joints
are used underground, they shall be coal-tar coated and wrapped
after installation and tests.
E, The following articles, sections or provisions of the BOCA National
Plumbing Codel1990 are hereby replaced as indicated heretofore.
(1) Section P-1l4.0, Fees, in its entirety.
(2) Section P.1l5,O, Inspections, in its entirety.
(3) Seetion P-122.0, Means of Appeal, in its entirety.
~ 175-4. Prior suits, rights or liabilities.
Nothing herein adopted shall be construed to affect any suit or proceeding
now pending in any court, or any rights acquired or liability incurred. or any
cause or causes of action accrued or existing, under any act or ordinance repealed
hereby. No right or remedy of any character shall be lost. impaired or affected by
this chapter.
~ 175-5. Title.
This chapter, together with the BOCA National Plumbing Codel1990
adopted herein, shall be known and may be cited as the "Carlisle Borough Plumb-
ing Code."
~ 175-6. Recording and filing.
In recording the ordinance adopting this chapter. the Borough Secretary is
directed to attach an accompanying notation stating where the full text of the code
shall have been filed for public inspection,
~ 175-7. Severability clause.
The invalidity of any section or provision of this chapter. including the
BOCA National Plumbing Codel1990 herein adopted. shall not invalidate other
sections or provisions thereof.
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W(Q)TIE
A copy of thc BOCA Plumbing Codc in its cntircty is on filc in
thc Codes and Enginecring Dcpartmcnt of the Borough of Carlislc, 53
West South Street, Carlisle, PA. The Code may be vicwed between
thc hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, except
during Borough-observed holidays.
,. d;7'--
/4t:d . ~
Cin y 1.-. F~ster
BorougHecrctary
ARTICLE 1
ADMINISTRATION AND ENFORCEMENT
SECTION P-l00,O GENERAL
1'-11I0.1 Till,': Th",e fl'~lIlall"II' ,'",II h.: ~II""II '" Ihe 1'11I1lIhlll~ ('..tie ..IINAMI.
01. JIIM'SlJ(("1I0~1 hl'rcin.llkr rl'lenl'd 10 iI\ ",hi' uJtk."
.1..100.2 Sl'UPl': Thl' lk..il!n illld 1I1'lallalll1l1 of plUlIlhlll}.: ,p.ll'llI" IIlrhlllmg
'illlllary ilnd \lllrl11 (Ir,UI1,I).:l', 'ilnllary f;ll"ililil". Wall'f \uppliL", \lonll \\.ltl'T ';1IIt!
",'Wil}!" tli'ptl\illlll hlllltllllt-:" ..hiIIlL:lIl11ply with thl' Il"llIlrl'lIll'nl\ 011111' uKIc.
"1"lll' (1"'1).:11 ,11111111,1.11101111111111 J.!.'" IllpillJ.!..lllllll'll w,ll,'r 1"lulI).: ill UlIIlIl'llllHI \\ Ilh
1l..'lfI!!-Clillioll pion,'",,,,,, ;1I1l1 (1111I1011 (oohllg. .mil 11'1' lid"" plplllg III l"llnlll'dltll!
wilh huildlllg hl'i1ling ..hilll (Onfllrl111o the R'quin'IHl'lIh of Ihe 1111.:'(I1"lIIl",,1 UH.k
1I"'lnllll Apl""I1II1\ A. "111l' dl,..il!1I and im,lilllalillll of plpinl! for fill: 'prinldl'p\ and
'lillldl"llt." ,hOllll"onlollllltllhl' I l''Ju1tl'l1Il'lIh olthl' hllllll1l1": n"It.' 1i'll'lllll/\I'I""1I
111\ 1\. \\',lll'l itlld ,hall1itJ,:" l'Olllll'l'lion!'\ 10 ,udl 111'1<111,111011' ,hOlIlI",' IIMlk ill ,u:
Ondanl'l: with thl: rl:quin'l1tl:nt!'\ of lhi!\. o'Kk.
').11").0' Inh'ot: '1'111, 1:..lIl' !'\halll'K.' l"tlll,lrulod 1I1""'IOllIy andju'lly 10 'lO(lIll' thl'
PIOI""1 1I1,1,i1lbllllllot 'Y'Il'II1' lor lurlli,hllt~ pOI..hk ",lll'I', tOl "lfIIl,lI) ...l'\l,l!!l' ,la,
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Ihl'Y iIIl' allt'dl'" hy Ihl: 1Il,lall,ltllm ,llulm"inll:l1,IIlH' Ilf plUlllhll1!!,
SECTION P.l0l.0 APPLICABILITY
')..101,. (;l'lIl'ral: Thl' pro'I'IOl\' III Ihlo!'\1: n'~ulilIIOI1' ,hall ntHOr alllllalh:r... ai-
kl"lll1l! 01 Il'Ialln,.:.lo huihhl1~' ,lIId !'\Inll.!tlll" a, 'l'11t1nh 111 SI:l"IU1I1 P-IOtUI
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,11;1111...., Ikll'f11I111l'd hy IlIl' ultk 011 Il" 1011.
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tll' dl'l'l1t,'d;l llol.llIlIl1, ,md 'Uhll'lllu Ihl'lll'IMIII'" pn"l'lllll'd m Sl'(ltun P 117.0.
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CERTIFICATION/ATTESTATION
I, Julie D. Lay, Borough Secretary of the Borough of Carlisle do hereby
eertify and attest that the attaehed are a true and eorreet eopies of ordinance
1577 and pages eontaining Section 8.3 [Infiltration Prohibition] from the
Carlisle Regional Wastewater Treatment Facilities Pretreatment Program,
which were duly enacted and ordained on March 10, 1988, as ordinance 1577
by Borough Council of the Borough of Carlisle, Cumberland County,
Pennsylvania, and has thereafter been, and continues to be, in full force and
effect within the Borough,
~ ct, ~l f"4=
lie D. Lay .
orough Secretary
~,cb,'..
Date
,1r ,Q95
,
(Sea\)
.:,;: fl
..
ORDINANCE NO. 1577
AN ORDItwa: OF 'mE OOROOGi OF CARLISLE, ClMlERLAND COUNTY,
PENNSYLVANIA, MENDIl'l; CHAPTER 197 OF mE CODE OF mE IDlOlJGi
OF CARLISLE, RESPEX:TIl'l; SEWERS, AND AtmiOOIZIl'l; ENmY INI'O AN
INrERMJNICIPAL PRE'ffiEA'1lo1ENt" AGREFloENt" wrni OrnER
MJNICIPALITIES CONmIBlJI'Il'l; WASTEWA'lER OR SEWAGE TO mE
CARLISLE REGIONAL WASTEWATER TREA'1lo1ENt" \\ORKS, ENPCTIl'l; A
PRE'ffiEATh1ENT PROORAM wrni RESPEX:T TO mE REGIONAL WASTEWATER
TREA'IK:NT FACILITIES, CONTAINIl'l; PROVISIOOS PS ro
REGULATIONS. CHARGES AND FEES. AD-UNISmATION. ENf'ORCEl-ENT ,
ENFmCEl€N\" GUIDELINES, nx:HNICAL REQUIREM:NTS. At{)
I'R)CEOORES AND FOOMS, AND PRESCRIBIl'l; FINES AND PENALTIES,
IN\'ER ALIA,
PREAMBLE
1'flEREAS, the BoroL9t of Carlisle ("carlisle Borough") is a ITU'lici-
pal subdivis1al of the ~th of Pennsylvania, situated in ClmJer-
1arvj Cculty; am
1'flEREAS, as part of its goverrrnental responsibility am authority,
the Borougt provides a sanitary wastewater or sewage collectioo am
disposal system for the benefit of its residents ("Sewer System"), a
part of .tUc:h collected wastewater or sewage is ultimately transported
to am treated finally at the regia1al wastewater or sewage treatment
facility ("Treat:ment Works") located in Middlesex TCWlShip, CUttlerlam
Cculty, Pemsyl vania, CWled by Carlisle Boroo.Jgl Sewer System Authority
("carlisle AuttDrity") am qJerated by carlisle Borough; am
~. said Treat:ment ~rks is governed by the Clean Water Act
of 1977 (P,L, 95-217). as .."elided (33 U,S.C. H251 et seq.) ("the Act")
via a Natia1al Pollutant Discharge Eliminatial SystElll Pemit No. 0026077
("NPIlES Pemit") as issued, regulated and adninistered by the ll'lited
States Ehvi"","", ,tal- Protectioo fIq!rCy ("EPA"); and
(.
'.'
.
1'IlEREAS, EPA has issued an Adninistrative Order (Docket No,
III-87-o82-DW) to Carlisle Authority under the Act and General Pretreat-
ment Regulations pratUlgated theretnder. directing said Carlisle Author-
ity to COTply with certain wastewater or sewage Pretreabnent Require-
ments, which requires, inter alia, Contributing Jurisdictions to said
Treabnent Works to enact. adopt and enforce a wastewater or sewage
pretreabnent program with regard to wastewater or sewage originating in
said Jurisdictions; and
1'IlEREAS, in order to carply with said EPA,I\dministrative Order and
the Act, Carlisle Authority and Carlisle Borough have initiated dis-
cussion with all Contributing Jurisdictions to develop lniform mininun
pretreabnent requirements for each such Contributing Jurisdiction, the
result of ~ich has been the developnent of a substantive docunent
entitled "Carlisle Regiooal Wastewater Treabnent Facilities Pretreabnent
Program" ("Pretreatment Program"). a copy of ~ich is attached to and
made a part of this Ordinance as Exhibit "A"; and
~. it is the intention of Carlisle Bol'OlJ!jl to fulfill its
obligations In:Ier the Act and to cooperate with all Contributing Juris-
dictions by (1) entering into an "Intemulicipal Pretreatment Agree-
ment") with all such Contributing Jurisdictions in the form attached to
this Ordinance as Exhibit "B," and (2) enacting a pretreatment program
by adopting the Pretreatment Program aforesaid;
NJW, TIiERD"ORE, IT IS HEREBY ENAC1iD AI'() OODAlNED by the Borouc;;l
CCUlCil of the Bol'OlJ!jl of Carlisle, CU1tlerland Colnty. Pemsylvania, as
follows: -
~ . 'J
.
SECTION 1: Article III of Chapter 197 of the Code of the Borough
of Carlisle is hereby amended to read in its entirety as follows:
ARTICLE III
Wastewater pretreatrrent
9197-26, Legislative history and intent.
The foregoing Prearble is in:orporated into the substan-
tive body of this Article as the legislative history and
background for this enacbrent and shall be used in inter-
preting and enforcing the provisions hereof in order to
achieve ca1lJliance with and fulfillment of the purposes set
forth therein.
9197-27. Enactrrent of Pretreatrrent Proqram.
This BoI"OLllj1 hereby enacts and adopts the "Carlisle
Regional Wastewater Treatment Facilities Pretreatrrent Pro-
gran" in the fonn as attached hereto as Exhibit "A" and
enacts its provisions as the wastewater or sewage Pretreat-
'ment progran, The Pretreatment progran thus enacted shall,
inter alia, be bin:ii.ng upon Users as defined therein in all
respects, in:luding but not limited to subjection of Users to
liability for darages to Carlisle Borough under certain cir-
CUl'5tances; and violations of said Pretreatrrent progran, in-
cluding but not limited to violations of permits issued
thel"el.llder, shall CQ1Stitute violations of this Ordinance,
9197-28. Intenn.nicipal Pretreatment Agl eement autOOrized,
This BoI"ClUl;t1 hereby enters into the "Internu'licipal
PretreatJnent Agi eeneIlt" in the fonn attached hereto as Ex-
hibit "B," the 9.1bstantive portions of l<ot1ich are deened to
ca1lJly with the specification of elements thereof as required
un:Ier Section 7 of the Act of JUly 12, 1972, P,L, ,No,
180, as arrended (53 P,S, 9-'87), hereby autOOrizing the Presi-
dent of BoI"OllCjl COU'lCil and the 1lorcJUg\ Secretary to execute
said Agr=o"clt, all in furtherance and CCJ1Pliance with said
Act of July 12, 1972, P.L. ,No, 180, as amended (53 P.S,
9481 et seq.). -
9197-29. Charges and fees,
Charges and fees as provided for in the Pretreatment
progran shall be as set forth in Chapter 120, Fees, as
enacted and ordained and as may be, from tilll! to time,
o,,,,,Ided,
.
'.
~197-30. Exercise of functions, powers and responsibilities:
leqal action,
The Director as defined in the Pretreatment progrcm is
hereby authorized am directed to exercise am perform all
actions, functions and respoosibilities, including but not
limited to ccmnencing am prosecuting any legal actions, civil
or criminal, and of whatever nature, deerred by him or her
necessary to the proper operation or enforcement of this
Article, including the Pretreabrent progrcm adopted hereby, in
the name of Carlisle Borough. My cede eruorcenent officer of
Carlisle Borough is granted enforcement auttr:lrization as well;
am nothing herein is inten;led to preclude enforcement by
Carlisle Borough law enforcement officers generally.
~197-3l, Criminal Penalties,
In addition to other liabilities provided for in the
Pretreabrent progrcm, arrf person, finn, partnership, corpora-
tion, association, or other entity who shall violate any provi-
sion of this Article, including the Pretreatment progrcm
adopted hereby am not excluding requirements am conditions of
permits issued therelrlder, shall, for each and every such
violation, be guilty of a stmnary offense and be sentenced to
pay a fine of rot ll'Ore than three hundred dollars ($300,),
restitution, and costs of prosecution, and in default of
payment thereof to :izTl:lrisonnent for not ll'Ore than thirty (30)
days. Each day's continuance of a violation of arrf such pro-
vision shall constitute a separate violation.
~197-32. Severability.
If arrf provision, section, sentence, clause or portion of
this Article, in::luding the Pretreatment Progrcm adopted here-
by, shall be held invalid or unconstitutional by arrf court of
catpetent jurisdiction, such invalidity or unconstitutionality
shall not affect arrf other provision, section, sentence, clause
or portion of this Article, including said Pretreabrent
Progrcm, lotlich shall contil'1Je am remain in full force and
effect,
SEX:TIOO 2: In all other respects, Chapter 197 of the Cede of the
Bo/"Oll!t1 of Car lisle shall remain as heretofore enacted, ordained, and
amen:ied .
SEX:TIOO :5 : All ordinan::es or parts of ordinan::es inconsistent
herewith are hereby r;epealed.
8. TECHNICAL REQUIREMENTS
8.1 Introduction
The following Sections present the technical require-
ments for the Pretreatment Program.
8.2 Wastewater Oischarae Limitations
Parameter
Concentration (mg/1)
*Ammonia-Nitrogen (NH3N)
Arsenic
*Biochemical Oxygen. Demand 5
Cadmium
Chromium
Total
Hexavalent
Copper
Cyanide
Iron
Lead
Manganese
Magnesium
Mercury
Nickel
*Phosphorus as P04
Silver
Sulfate
Sulfide
*Suspended Solids, Total
Zinc
25.00
0.08
200.00
0.50
1.00
0.20
0.40
0.30
3.00
0.10
10.00
50.00
0.15
0.50
50.00
1.00
500.00
50.00
200.00
0.10
pH
Temperature
6.0 - 9.5 SU
< 120 Degrees F
*Users found discharging these Pollutants in excess of the above
limits shall, in addition to any. other remedies provided under
this Program, be assessed a surcharge for the removal thereof.
-8".:.3D-:-lD-f.i.:J.u'.UOl1"- prolribi ticn
All waters or wastes discharged into any Sewage Collec-
tion System or the Sewer System by any User shall not con-
tain any storm water, surface water, groundwater, roof run
off, subsurface drainage, or any discharges other than
Sewage Wastes or Wastewater as herein defined. The sources
of excessive infiltration shall be located and corrected by
each Contributing Jurisdiction with respect to its Sewage
Collection System and by the Borough with respect to the
Sewer System in order that the Treatment Plant capacity
shall not be needlessly overtaxed.
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LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CASE NO, y'j Is (,1 O_IlLt ( "Jl '"~
CARLISLE BOROUGH BOARD
OF APPEALS,
CIVIL ACTION. LAW
LOCAL AGENCY REVIEW
Appellee
NOTICE OF APPEAL AND REQUEST FOR DE NOVO HEARING
1. Appellant is Liberty Holding Company ("Liberty"), a Pennsylvania General
Partnership with offices at 1442 TrindIe Road, Carlisle, Pennsylvania. J, Michael Adler.
John E. Mumma and Maureen A. Mumma are its partners.
2, Appellee is the Carlisle Borough Board of Appeals ("Board"), an agency
created by the Borough of Carlisle to review matters pertaining, inter alia, to the Carlisle
Borough Building Code.
3, This Court has jurisdiction pursuant to Section 752 of the Pennsylvania
Administrative Proeedures Act as an appeal by a person aggrieved by a local agency
adjudication,
4. Liberty is the owner of property at 2-8 South Hanover Street, Carlisle,
Pennsylvania (the "Property"), known as the Kronenburg Building,
5. By letter dated May 12, 1995, and addressed to the Kronenburg Building
Company, the Borough's Public Work Department alleged that the Property was in violation
of Section P.802.1 of the Carlisle Borough BOCA Code for discharging stormwater into the
public sanitary sewer system, A copy of the violation letter is attached hereto as Exhibit A
.., ".
l'JOIIN'JJRI~tY.A"
and incorporated herein by reference,
6, The notice of alleged violation further provided that the owners of the
Property could appeal the Borough's determination of the Borough's Public Works
Department within ten (10) days from the receipt of the notice. However, the notice did
not advise Liberty of its right to have a stenographic record at the appeal hearing.
7. A copy of the notice was received by Liberty on May 15, 1995.
8. On May 25, 1995, a timely appeal was filed by Liberty to the Board. A copy
of the notiee of appeal to the Board is attached hereto as Exhibit B and incorporated herein
by reference,
9. The appeal was scheduled for a hearing to be held on Wednesday, July 19,
1995, at 4:00 p,m,
10. Liberty, with its counsel and its witnesses, appeared for the hearing on July
19, 1995,
11. Prior to the commencement of the hearing, counsel for Liberty requested that
a stenographic record of the hearing be maintained,
12. The Board indicated that it did not have a stenographer and then retired from
the hearing room to a separate meeting room to discuss the stenographer issue, The Board
returned and informed Liberty and its counsel that it had decided that the hearing would
proceed without a stenographer,
13. Counsel for Liberty objected to the Board's flagrant disregard for the
requirements of the Pennsylvania Administrative Procedures Act and refused to participate
2
I'JOIlN'JJRlllIYNP
in the hearing unless a stenographic record was maintained.
14, The Board proceeded to hold the "hearing" on July 19, 1995, without the
participation of Liberty, its counselor its witnesses, and without maintaining a stenographic
record.
IS. On August 14, 1995, the Board issued its written decision (the "Decision"),
The Decision dismissed Liberty's appeal to the Board and affinned the Borough's
detennination of a violation as set forth in the May 12, 1995 violation letter. The Board
further ordered Liberty to disconnect its stonnwater drain from the sanitary sewer system
within thirty (30) days from the date of the Decision. A copy of the Board's decision is
attached hereto as Exhibit C.
16. The Board's decision is erroneous, constitutes a manifest abuse of discretion,
is contrary to fact and/or law, or is otherwise arbitrary or capricious, in that:
a) The Borough's ordinances are being selectively enforced against
Liberty. Other property owners within the Borough discharge stormwater into the
sanitary sewer system;
b) The Borough's actions are in retaliation for Liberty's and its tenant's
complaints regarding stonnwater problems at Courthouse Avenue and downtown
Carlisle. The downtown Carlisle district lacks any stonn sewer drainage facilities,
The Borough's Order and Decision to Liberty to disconnect the stormwater drain will
result in additional discharge of stonn water to downtown streets, which in itself may
be a violation of the code, and which will result in greater harm to the public's
3
l\JOIIN'JJBP.JlYAPP
health, safety and welfare than allowing the existing stonn water connection to the
sanitary sewer system to continue,
e) The Board is improperly applying BOCA provisions to pre-existing
conditions.
d) Liberty has not violated the BOCA code.
e) The Board's refusal to hold a stenographic hearing is in violation of
Liberty's constitutional right to procedural due process and Liberty's statutory rights
provided by Pennsylvania's Local Agency Law, Act of 1972, P,L. 202, No, 53, 53 P.S,
Section 553, which provides that:
In the event all testimony is not stenographically recorded and a full
and complete record of the proceedings is not provided by the local
agency, such testimony shall be stenographically recorded and a full
and complete record of the proceeding shall be kept at the request of
any party agreeing to pay the cost thereof.
f) The Board's decision to proceed with the hearing despite Liberty's
request that the testimony be stenographically recorded was made at a meeting not
open to the public in violation of the Sunshine Act, Act of 1986, P.L. 388, No. 84,
65 P.S, Section 271, et seq. Section 13 of the Sunshine Act provides that decisions
made in violation of the Act's requirements may be voided by the Court.
g) The Board has waived any argument regarding the proper protection
of appeal rights as stated in its Decision by its issuance of a written decision,
h) Such other and further reasons as may become apparent upon the
development of a full and complete record,
4
l:\lonN\LIBI~IY M'
17. Liberty is aggrieved by the decision of the Board and has the right to
prosecute this appeal.
18. A full and complete record of the proceedings before the Board was not made
and testimony was not stenographically recorded and did not involve Defendants, Under
Section 754 of the Local Agency Law, the Court, where no full and complete record of the
proceedings is made, may hear the appeal de novo or remand proceedings to the agency.
19. The ability of the Board to hold a fair and impartial hearing is circumspect in
light of their flagrant disregard of statutory provisions regarding the maintenance of a
stenographic record, Further, a remand may result in further delay in rectifying the
stonnwater problems, Accordingly, Liberty requests a de novo hearing.
WHEREFORE, Liberty respectfully requests this Honorable Court to hold to vacate
or void the Decision of the Board and hold a de novo hearing sustaining Liberty's appeal
and for such other and further relief as this Court deems just.
Respectfully submitted,
HETRICK. ZALESKI & PIERCE, P.c.
10 South Market Square, Suite 500
P.O. Box 1265
Harrisburg, Pennsylvania 17108-1265
Telephone No,: (717) 236.9581
Attorney for Appellant
5
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I, 10111I E. Mumma, a general partncr of ~bcny HoldiDi Co. and with authority to
do 10, verify that the .tatemenu made in thc foreloiq Notice of Appeal ar- true and
correct. I underltaud that fabe Iltatall1cn\l made hcr-iD ue .ubject to the penaldca of 18
Pa. C.S. Section 4904 relating to unl'Wom fIlsifi.cation to authorities.
BY:r---JZvj?~)~ ~
,}OHN E. MUMMA If,e ,,cl /.~
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Date:
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BOROUGH OF CARLISLE
"Commimd To Excellence In Community Suvaco"
May 12, 1995
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CERTIFIED MAIL
Kronenburg Building Company
do John Mumma
Carlisle Electric
PO Box 158
Carlisle P A 17013
RE: 5 S Courthouse Avenue -- Gingerbread Man Building
Dear Mr. Mumma:
As you are aware, it has recently been detennined by the Carlisle Borough Public Works
Department that the roof drain for the above referenced building, which is situated on tax
parcel 04-21-320-058 owned by the Kronenburg Building Company, is connected to the
public sanitary sew~r 'yst~m. Please b~ advi,cd thatthi, is a violation of the BOCA
l"ational Plumbing Codell990, which i, adopted as Chapter 175 of the Code of the
Borough of Carlisle. Specifically, the Plumbing Code states und~r Section P-802.lthat
"storm water shall not be drained mto sanilurysewers." Pursuant to Section P.lO).1 of
the Plumbing Code, . this cwe shall app{~' to eXisting plumbing systlms"
Accordingly, this violation must b~ corrected within ninety (90) days from the date ofthi,
notice. The deadline for completing the nece5SBry repairs is August 10, 1995. Failure to
comply with the terms of this notice shall r~sult in further legal action being taken allain,t
yo!: Pursuant to Section P.I01.3 oflhe Plumbing Code, "the contmllarion ofr'ICcupanc)I
or use of a building or stmcture or part thereof Lanlra.oy to the proviSIOns of this code
.fhal/ be deemed a violalio". and sllbJect/a penalties prn,'rlbed in Section P-J J"I. 0, "
Section P-117 0, as amended, establishes thaI
A "y persall, includmg a corporatIOn. who .fhall vlOla,e any provision of thIS Chaptlf
or shall farl/o comply with any requirements ,hereof.., shall be guilty of a ,n.mmary
offen:se ami shall, "pon con\'lctlon ,horeor. be Sllltenced IlJ pay a fine of not mtJrt
lhan three hundred dollars ($JOO) nor le.u thanfifty clollars ($50), plus CO.ftS of
prosecutIOn... F.ach day ,hat" \'iol(//lOn is crmtmued shall constituto a separrltr
"ffense.
Pursuant 10 Section '-7 of the Code of the Borough of Carlisle. you may appeal this
determination to the Carlisle Borough Bosrd of Appeals. provided that your appeal is filed
53 Wut South Street, Carlisle, PA 17013
Tel (717) 219.4-122, r.o\X (7:7) 249.51i87
t:l)
within ten (10) days from the dale or your receipt of this notice. Applications for this
appeal are available from this office.
I appreciate your cooperation and prompt al1ention to lhis mailer. If you have lIIIy
questions, please do not hesitate to contact me.
Sincerely,
'I
rian . Dennis
PlaMing/ZoninglCode Manager
c:c: F. Bellll
M. Keiser
E. Schorpp
R. Garner
Property File
Suspen5e File - 8/10/95
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NOTICE Of APPf.AL
Do N~: Wrlte In Thls Spftce. For Office Use Oniy.
Dace Hearing lIeld .~ppP.al No. ..1)12'7 - q'J-
Fee POI Id
Receipt No.
o/t:;. co
CONSOl.I.DATED BOARD OF APPEALS
Borough of C~rlisle
-~7-:'Tin~lii)-~:Li1ltRTY":"bLDnl(}- CO~tPANY ;....-. .
(~ame)
Date: MAY 25. 1995
. 'OF"I442 TRTtJDtfnl:lllD ...............,.. ,-
(Mailing Address)
CARLISLE, PA 17013
PHotl'E:
243-3000
(t;'Hk)
(Hor.le)
request that a deterninatlon be made by the Board of AppealS, which IIAB
denied by the Borouih Representative on
MAY 12
. 19 95
The descriptIOn of the property involved In thls appeal Is as folloW9:
~cation: 2-8 SOUTIIIIA.'-IOVf.R STRF.F.T, CARLISLE. PA 17013
Present Use: RES1DENTIAL/CO~~RCIAL
ZonI"!! District;
(IHtlE) beHeve that the Board should approve this request because (lnclude
the grounds for appeal):
IT IS UNT1f.IElY BEING APPLIED TO US AT TillS
DATE AND SHOULD HAVE BEF.N IlANOLED l\llf.N Till' ACT WAS PUT HnO EFFECT.
.,
. .
ADDITIONAL INFOR/olATlON WIl.l. BE PROVIDED AT TIl~F. OF ^rpE.~l..
('
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~lgnature of P.tltioner
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P A I D MY 3 0 m5
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AUG 12 '\995
CONSOLIDATED BOARD OF APPEALS
CARLISLE, PENNSYL VANIA
RE: S S. Courthou8e Avenue
Liberty Holding Company
1442 Trindle Road
Carlisle P A 17013
CASE NUMBER: 007-95
DATE OF DECISION: August 14, 1995
OPINION AND DECISION:
Tbe Carlisle Borough Board of Appeals met Wednesday, July 19, 1995, lit 4:00 p.m. in
the Municipal Building. 53 W. South Street, Carlisle, Cumberland County, Pennsylvania,
at which time and place a hearing was held on the above captioned malter.
An appeal was submitted by the Liberty Holding Company, 1442 Trindle Road, Carlisle.
The petitioner is seeking relief from an order to disconnect a Btonnwater drain from the
sanitary sewer system at S S. Courthouse Avenue, pursuant to Section P-S02.1 of the
BOCA National Plumbing Codel1990.
The petitioner appeared with counsel, Charles E. Zale.sld, 'sq. The petitioner refused to
present evidence in support of the appeal and, in fact, removed from the premises prior to
the Board's receipt of any evidence whatsoever. Thereafter, pUl1Uanl to Section 5.7 of
the Code of the Borough of Carlisle, the Board allowed teltimony to be received on behalf
of the BorouJit from Brian M. Dennis, Plannins'Zoning/Code Manager, and Michael T.
Keiser, Public Works Director.
FINDINGS OF FACT:
1. Chapter l7S of the Code of the Borough ofCarli3le adopu the BOCA National
Plumbini Codel1990.
2. Section P.I03.l ofth. BOCA National Plumbing Codell990 states that "this codl
shall apply /0 lxisting plumbmg systlms II
3. SectiOIl P-802.1 of the BOCA National Plumbina Codell990 states that "storm
walfr sltDll "ot bf drained into sanitary s.wrrs .
4, The Bof'OUlb sWfhu determined that the roofdrain for the building on the property
at 5 S. Courthouse Avenue is directly COMected to the public: sanitary sewe system
5. By certified letter dlltcd May t2, 1995, the Borough notified the petitionerthat this
connection of the roof drain to the pubUe sanitary scwer system violates the BOCA
National Plumbing Codel1990. The petitioner wu further notified that the condition
must be correeted within ninety (90) days from the date of the notice. The deadline
for completing the necessary repairs as established by thislettllt' iI Ausust la, 1995.
6. Upon confirmation of a violation, the Borough notifies property owners to
disconnect roof drains, sump pumps, and ather mechanisms that convey stonnwater
to the public sanitary sewer system. These elTons are effected to prevent the
regional wastewater treatment plant operated by the Borough from experiencing
Cltcessivc BOWl of influent during rain storms.
7. The NPDES permit issued to the Borough by the Coounonwealth oCPemuylvsnia,
Department of Environmental Resources, whicb provides authorization to the
Borough to discharge under the National Pollutant Diseharge E1imination System,
states that "no stormwarer from pavements, ana ways. roofs. foundDtion drains. or
olhlr sources mall be admined directly to thl! sanllary sew/lrs associated with thl!
hutin approved discharge."
8. Section 8.3 of the Tecbcical Requirements of the Carlisle Pretreatment Program.
which is adopted under the provisions of Chapter 197 of the Code of the Borough of .
Cariia\e. states that "all wat/ll'S dischtuged intO any srwer col1,ction system or SflWfr
system by any IISU shall not contain any Slormwallr. surface waler. grountAwJter, .
roof nm-off. subswfat:t drainap. or any discharges other than SfWQgt wartlJ or
wasllWQt,r h,rern d6fiTlld."
9. The Ippeal of the petitioner was filed on May 30, 1995. A hearing on the matter
wu first held by the Board on 1une 21,1995. However, the petitioncrwas not
present for this meeting IIIIi requested prior to the bearing that the matter be
continued until the next meeting of the Board. The aext meeting of the Board
ocCUlTCd on 1uly 19, 1995
10. The petitioner objected to there not being a Slcno!!l'lphic record of the testimony
presented before the Board and refused to offer testimony pcrtaiDing to the matter,
ed'ec;tiveIy Ibandoning the appeal.
11. Chapter 5 of the Code of the Boroush of Carlisle, which cre:ttes the Board of
Appeals and establishes procedUI'CS and rules for conduct of meetings, does not
require that a stenographic record be kept.
12. State law provides tbat a stenographic record sbaI1 be kept by the municipality when
requated by the Ipplicant and when the app1ic3l1\ aarees to PlY the costs u.ociated
with the appearance of I stenollflllher
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13. The petitioner did not request a stenoifBphic record prior to the hearina and did not
agree to pay for the appearance of a stenographer.
CONa..USIONS OF LAW:
1. The petitioner abandoned the appeal by not providing testimony to support the
dismissal of the order of the Borough; and further, the petitioner did not properly
protect its appeal rights under the Local Agency Law.
2. The draining of stonnwater into public sanitary sewers ia counter to the public
health, safety, or welfare.
2. The petitioner is required by law to discOMect the roof drain for the building on the
property at S S. Courthouse Avenue from the public sanitary sewer system
ORDER OF THE BOARD:
Accordingly, the appeal of the petitioner is dismissed and the order of the Borough dated
May 12, 1995, to discoMec: a stonnwater drain from the sanitary sewer system It 5 S.
Courthouse Avenue, pursuant to Section P.S02.1 of the BOCA National Plumbing
Codel1990 is a5irmed. Sueh work mUll be eompleted within thirty (30) days from the
date of this notice.
Anyone aggrieved by this decision of the Board has the riiht to IIlpeal to the Cumberland
County Coun of Common Pleas within thirty (30) days from the date of this decision.
Present to wit: Lee Deihl, Iim Oliver, and lUIph Tierno.
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LEE DEIHL ATE f 1/ I I 'fS:-
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l'.JOIIN\IC1lJ1t1alV
LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY,
Appellant
v.
CASE NO.
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
CIVIL ACTION. LAW
LOCAL AGENCY REVIEW
CERTIFICATE OF SERVICE
I, John R. Kachur, on this I r- day of September, 1995, hereby certify that I
have served a copy of the foregoing Notice of Appeal and Request for De Novo Hearing
by depositing same in the United States Mail, postage prepaid, upon the following:
Carlisle Borough Board of Appeals
53 W. South Street
Carlisle, PA 17013
ur, Esquire
for Appellant
HETRICK, ZALESKI & PIERCE, P.C.
10 S. Market Square, Suite 500
Post Office Box 1265
Harrisburg, PA 17108-1265
Telephone: (717) 236-9581
Z 101 071j-611
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Liberty Holding Comp~ny,
A Pennsylv~ni~ P~rtnership
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
VS.
C~rlisle Borough Bo~rd
of Appeals
NO.
95-4863 Civil Term
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
55.
COUNTY
OF
CUMBERLAND)
TO: C~rlisle Borough Board of Appe~ls:
We. being willing for certain reasons. to have certified a certain action
be~~enLiberty Holding Co., a Pennsylv~nia P~rtnership -vs- C~rlisle
Borough Bo~rd of Appe~ls
pending before you. do command you that the record of the action aforesaid with
all things concerning said action. shall be certified and sent to our jtdges of
our Court of Crnmon Pleas at Carlisle. within ( 20)
days of the date hereof.
together with this writ: so that we may further cause to be done that which ought
to be done according to the laws and Constitution of this Ccmnonwealth.
WITNESS. the Honorable
H~rold E. Sheely, P.J.
our said Court. at Carlisle. Pa.. the 12th day of September
. 19 95. .
LAWRENCE E. WELKER. Prothonotary
)..."' ;) Jr" 1"1
Deput'y prothOnotary ,
LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
95-4863 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of October, 1995, IT IS ORDERED THAT argument
on the merits of the within appeal, to include the issue of whether the court should
hold a hearing de novo or remand the case to the Carlisle Borough Board of Appeals,
shall be held at 3:30 p.m., on Tuesday, November 28, 1995, in Courtroom Number 2.
Appellant shall file a brief in chambers not later than Wednesday, November 15.
Appellee shall file a response brief in chambers not later than Friday, November 24.
By the Court, / /
Edgar B. Bayley, t
John R. Kachur, Esquire
For Appellant
Edward L. Schorpp, Esquire
For Appellee
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12. Admitted. By way of further answer, the Board's
deliberations concerning the stenographer issue were of a quasi-
judicial nature and, under law, permitted to be made in private.
13, Admitted in part and denied in part. It is admitted
that counsel objected to the Board's proceeding with the hearing
without a stenographer. It is denied that the Board's action
constituted a flagrant disregard for the requirements of the
Pennsylvania Administrative Procedures Act, which averment is a
conclusion of law requiring no answer herein. To the extent that
answer is required, the Board acted properly under all relevant
statutory law and common law. It is admitted that counsel for
Liberty refused to participate in the hearing unless a
stenographic record was maintained.
14. Admitted. By way of further answer, the hearing was
properly held under all relevant statutory law and common law.
15, Admitted.
16. The averments of this paragraph constitute conclusions
of law which require no answer herein. To the extent that answer
is required, Intervenor asserts that the Board's decision was
well within its discretion, proper under the law and the facts
appertaining to this case, and was not otherwise arbitrary or
capricious. By way of further answer, the Borough asserts as
follows:
(a) Denied. It is denied that the Borough's ordinances are
being selectively enforced against Appellant. On the
contrary, the Borough's ordinances are being uniformly
enforced against other property owners with respect to
the violations pertinent to this case. The Borough is
without knowledge of other property owners discharging
stormwater into its sanitary sewer system. By W&y of
further answer, when the Borough discovers such
connection, it immediately directs the property owner
to disconnect the stormwater drain, and the Borough
vigorously pursues such disconnection in all such
cases:
(b) The averment that the Borough's actions are in
retaliation for any complaints is a conclusion of law
requiring no answer herein. To the extent that answer
is required, it is denied that the Borough's actions in
this matter are in any way improper or in retaliation
for any action taken by Appellant or its tenants. On
the contrary, as is set forth above, the Borough
promptly orders property owners to disconnect
stormwater drainage systems from the sanitary sewer
system when such connections are discovered by Borough
employees. It is denied that the downtown Carlisle
district lacks any storm sewer drainage facilities. It
is denied that the discharge of stormwater onto
downtown streets is a violation of Borough code. It is
further denied that the discharge of stormwater onto
downtown streets endangers the public health, safety or
welfare:
(c) This averment is a conclusion of law requiring no
answer herein;
(d) This averment is a conclusion of law requiring no
answer herein;
(e) This averment is a conclusion of law requiring no
answer herein;
(f) This averment is a conclusion of law requiring no
answer herein;
(g) This averment is a conclusion of law requiring no
answer herein;
(h) This averment is a conclusion of law requiring no
answer herein;
17. This averment is a conclusion of law requiring no
answer herein.
18. Admitted in part and denied in part. It is admitted
that the testimony at the hearing was not stenographically
recorded and that Defendants did not offer any testimony at the
hearing. It is denied that a full and complete record of the
proceedings before the Board was not made. On the contrary, an
ample record exists upon which Your Honorable Court may render a
decision in this matter. The remaining averments of this
paragraph are conclusions of law requiring no answer herein.
19. The averments of this paragraph are conclusions of law
requiring no answer herein. By way of further answer, Intervenor
avers that a complete and full record exists upon which Your
Honorable Court may decide this matter. Therefore, a remand or
de novo hearing are not necessary, and neither is warranted under
the circumstances.
WHEREFORE, Intervenor, Borough of Carlisle, respectfully
requests Your Honorable Court to decide this matter upon the
existing record, deny a de novo hearing, and uphold in all
respects, the decision of the Carlisle Borough Consolidated Board
of Appeals.
Respectfully submitted,
BY:~~~
Edward L. Schorpp, Esquire
Solicitor for Borough of
Carlisle
Landis, Black & Schorpp
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
VERIFICATION
I verify that the answers and statements contained
herein are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. S4904,
relating to unsworn falsification to authorities.
w~m0~~
Dated:
..
..
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matters and issues raised in appeal were not complex and did not
require stenographic transcription.
6. Admitted.
7. Denied. The Consolidated Board of Appeals has filed a
full and complete record of the proceedings before it, which
record is more than adequate for Your Honorable Court to make a
determination as to the merits of Liberty'S appeal.
8. Denied. This paragraph is a conclusion of law
requiring no answer herein. By way of further answer, Borough
would emphasize that pursuant to said statute, a de novo hearing
is within the discretion of Your Honorable Court, and not
mandatory.
9. Denied. The averments of this paragraph are
conclusions of law requiring no answer herein. To the extent
that answer is required, it is assumed that Petitioner's
reference to Borough is actually to the Consolidated Board of
Appeal, as it was that body which did not maintain a stenographic
record. Borough asserts that said Board acted properly in
refusing a stenographic record, in that Petitioner's request was
untimely made, and was further proper in view of the simplicity
of the facts necessary to render a decision. Said decisions were
well-founded and do not compromise the Board's ability to hold a
fair and impartial hearing in the event Your Honorable Court
should remand this matter to it, which remand Intervenor asserts
is unnecessary and improper under the facts and law of this case.
10. Denied. It is denied that the Borough's actions are in
any way retaliation for alleged complaints from Liberty and/or
its tenants regarding stormwater problems in the area. On the
contrary, as was set forth in prior answers of Borough, Borough
does not prohibit Liberty or any other property owner from
discharging stormwater into the streets of the Borough.
Therefore, since such discharge is permissible, the Borough's
actions cannot be deemed to be in any way retaliatory. Further,
Borough has, at all times, remained willing to provide advice to
Petitioner in resolving its stormwater discharge problems.
11. By way of further answer, Borough asserts that the
record developed before the Consolidated Board of Appeals, as
certified to Your Honorable Court, is more than adequate upon
which Your Honorable Court can determine the merits of the within
appeal, both with respect to factual matters and legal issues.
WHEREFORE, Intervenor, Borough of carlisle, respectfully
requests Your Honorable Court to deny Petitioner's request for a
de novo hearing, and to further uphold the decision of the
Consolidated Board of Appeals.
Respectfully submitted,
BY_~~~~
Edward L. S orpp, squire
Solicitor for Borough of
Carlisle
Landis, Black & Schorpp
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
VERIFICATION
I verify that the answers and statements contained
herein are true and correct, I understand that false statements
herein are made subject to the penalties of 18 Pa,C.S.A. S4904,
relating to unsworn falsification to authorities.
\A A~cCVv'--_
Willlam A, Duncan
Dated: o-:t- 1 ~ ~q~
LIBERTY HOLDING COMPANY,
A Pennsylvania partnership,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
v.
CASE NO. 95-4863
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
CIVIL ACTION - LAW
LOCAL AGENCY REVIEW
.
.
RULB TO SHOW CAUSB
AND NOW, September ....\ , 1995, a rule is granted on Liberty
Holding Company and Consolidated Board of Appeals to show cause
why the Borough of Carlisle should not be permitted to intervene
in this action.
~
Rule returnable l) days after service. All proceedings
to stay meanwhile.
By the Court,
J.
/
Sf? Z I J 58 , Ii '95
"l:
,;.
LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
, IN THE COURT OF COMMON PLEAS
.
. CUMBERLAND COUNTY
.
PENNSYLVANIA
: CASE NO. 95-4863
: CIVIL ACTION - LAW
: LOCAL AGENCY REVIEW
.
.
v.
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
PETITION OF BOROUGH OF CARLISLE TO INTERVENE IN APPEAL
NOW, COMES the Borough of Carlisle, by and through its
solicitor, Edward L. Schorpp, Esquire, and respectfully requests
Your Honorable Court to grant the prayer of this petition to
intervene upon the following:
1. Petitioner, Borough of Carlisle, (hereinafter
"Borough") is a municipality and political subdivision of the
Commonwealth of Pennsylvania, having its municipal offices at 53
West South street, carlisle, Cumberland County, Pennsylvania.
2. Liberty Holding Company, (hereinafter "Liberty") has
averred that it is a Pennsylvania general partnership with
offices at 1442 Trindle Road, carlisle, Pennsylvania, (Paragraph
1, of Notice of Appeal), and is the party appealing the final
adjudication at the above number and term.
3. Carlisle Borough Board of Appeals (more properly
identified as Consolidated Board of Appeals, Borough of Carlisle)
(hereinafter "Board"), is a local government agency (as that term
is defined in the Local Agency Law 2 Pa.C.S.A, S101, 11. AJg.
with a mailing address of 53 West South street, Carlisle,
CUmberland County, Pennsylvania.
4. Liberty, as petitioner, has filed an appeal from a
final adjudication of the Board, as respondent, which appeal is
filed to the above number and term, and which appeal is presently
pending before Your Honorable Court.
5. Liberty's appeal generally involves the Board's
sustaining of an enforcement order of the chief code officer of
the Borough which determined that Liberty must cease discharging
storm water into the public sanitary sewer system in violation of
certain Borough codes and permits issued by the Commonwealth of
Pennsylvania.
6. A copy of Liberty's appeal petition is attached hereto
as Exhibit "A" and is incorporated herein by reference thereto.
7. In said appeal petition, Liberty has, inter alig,
challenged the Board's adjudication as not being in accordance
with law and as being otherwise arbitrary or capricious.
8. The Borough of Carlisle has legally enforceable
interests which could be affected by a determination in the
within action as follows:
A. A decision will affect the Borough's ability to
enforce compliance with its codes insofar as the premises;
B. A decision will affect the Borough's ability to
enforce compliance with its codes insofar as all properties
similarly situated in the Borough of Carlisle, Pennsylvania.
C. A decision will affect the Borough's ability to
issue further orders and proceedings with respect to the
premises, insofar as requiring Liberty to bring the premises
into code compliance.
D. The within appeal challenges local agency
procedure, thus affecting said procedure and substantive law
with respect to the premises and all other properties in the
Borough of Carlisle, Pennsylvania,
E, A determination of the within appeal adversely to
the Borough would place it in violation of its NPDES permit,
thus jeopardizing the continued operation of its public
sanitary sewer system with respect to this premises and with
respect to all other premises connected to the system,
F. Determination of the within appeal adversely to
the Borough could undermine the Borough's efforts to secure
code compliance of this building and all premises similarly
situated, thus jeopardizing the public safety, health and
welfare of its citizens.
G. The within appeal requests a hearing de novo
before Your Honorable Court, a hearing which the Borough
believes is unnecessary under the circumstances: but if a
hearing is determined by Your Honorable Court to be
necessary, then the Borough has a right to participate and
present its case in such proceedings.
9. The Borough of Carlisle has a legally enforceable
interest in protecting the integrity of the adjudications of its
code enforcement officers and the upholding of such
determinations by the Board, and therefore is entitled to
advocate the propriety of the findings of fact and conclusions of
the Board in its adjudication.
10. The Borough of Carlisle could have been joined as an
original respondent in the within matter and therefore should be
entitled to intervene at this time.
11. The Borough of Carlisle, if permitted to intervene,
will timely file an answer to the within appeal.
12, Borough of Carlisle is permitted to intervene in this
appeal pursuant to Pa.R.C.P, 2327(3) & (4).
13. If permitted to intervene, Borough will urge that the
adjudication of the Board be affirmed; and will further assert
that a sufficient record exists upon which Your Honorable Court
can determine this matter.
WHEREFORE, Borough respectfully requests that it be granted
leave to intervene in this appeal.
Very Respectfully Submitted,
By:
~
Edward L. Schorpp, Esq.
Solicitor, Borough of Carlisle
Landis, Black & Schorpp
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
VERIFICATION
I verify that the answers and statements contained
herein are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. S4904,
relating to unsworn falsification to authorities.
't(~
President
Dated:9~.c,,~>c ~, 199s-
.
. .
,
nr1 , 2 uJI-
'i "
LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
. IN THE COURT OF COMMON PLEAS
,
CUMBERLAND COUNTY
PENNSYLVANIA
:
CASE NO. 95-4863
: CIVIL ACTION - LAW
LOCAL AGENCY REVIEW
v.
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
ORDER OF COURT
AND NOW, October ,~, 1995, the Rule previously issued in
the within matter is hereby made absolute, and the Petition of
the Borough of carlisle for leave to intervene in the within
Appeal is hereby granted.
By the .court"
/
J.
OCT I Z 4 19 PH '95
. ~. \,
,<
LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY
.
. PENNSYLVANIA
.
CASE NO. 95-4863
.
.
: CIVIL ACTION - LAW
. LOCAL AGENCY REVIEW
,
v.
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
PETITION TO MAKE RULE ABSOLUTE
NOW, COMES the Borough of Carlisle, by and through its
solicitor, Edward L. Schorpp, Esquire, and respectfully requests
Your Honorable Court to make the rule previously issued in the
within matter absolute, and to grant Borough leave to intervene
upon the following:
1. On or about September 21, 1995, Petitioner, Borough of
Carlisle, filed a petition to intervene in the appeal in the
within matter.
2. Thereupon, by Order of Court dated September 21, 1995,
a rule was issued on Liberty Holding Company and Consolidated
Board of Appeals to show cause why the Borough of Carlisle should
not be permitted to intervene in this action.
3. Since the Carlisle Borough Board of Appeals upheld the
determination of an officer of the Borough of CarliSle, its
interest and the interest of the Borough in the within matter are
identical; therefore, no objection to Borough's petition to
intervene has been or will be forthcoming with respect to this
matter.
4. By response to Borough's petition filed on or about
September 26, 1995, Appellant, Liberty Holding Company, asserted
that it does not object to the Borough of Carlisle's intervention
in the appeal in the within matter.
WHEREFORE, Borough requests Your Honorable Court to enter an
order making said rule absolute and granting the petition of the
Borough of Carlisle to intervene in the within matter.
Respectfully submitted,
BY:~~/~
Edward L. Schorpp, Esquire
Solicitor for the Borough of
Carlisle
36 South Hanover Street
Carlisle, PA 17013
(717) 243-3727
VERIFICATION
I verify that the answers and statements contained
herein are true and correct, I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S.A. S4904,
relating to unsworn falsification to authorities.
~~-
Edward L. Schorpp, sq.
Dated~~.e~/~
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LIBERTY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CASE NO. 1j- 4 sir ~ (i t'L,\.'e
CARLISLE BOROUGH BOARD
OF APPEALS,
CIVIL ACTION. LAW
LOCAL AGENCY REVIEW
Appellee
RULE
AND NOW, this ""2."",ol day Of~~~995, upon consideration ofthe Petition
of Liberty Holding Company requesting this Court to hold a de novo hearing, a RULE is
granted upon Appellee/Respondent Carlisle Borough Board of Appeals to show cause why
the relief requested by Petitioner should not be granted.
Rule returnable within I 0 days from service thereof.
BY THE COURT:
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LlBER1Y HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CASE NO.
CARLISLE BOROUGH BOARD
OF APPEALS,
CIVIL ACTION. LAW
LOCAL AGENCY REVIEW
Appellee
PETITION FOR DE NOVO HEARING
Uberty Holding Company, by and through its attorneys, Hetrick, Zaleski & Pierce,
P.C., respectfully requests this Court, pursuant to Section 754 of Local Agency Law, 2 Pa.
C.S.A. Section 754, to hold a de novo hearing in the Appeal from a Local Agency Decision,
and in support thereof states as follows:
1. Petitioner Liberty Holding Company ("Liberty") commenced this action by
filing its Notice of Appeal on September 12, 1995.
2. The appeal was filed from a written decision of the Carlisle Borough Board
of Appeals ("Borough"). The decision affirmed the Carlisle Borough Public Work
Department's determination that property owned by Appellant allegedly was in violation of
the Borough BOCA Code for discharging storm water into a public sanitary sewer system.
3. The hearing on the alleged violation was held by the Borough on Wednesday,
July 19, 1995.
4. Prior to the hearing, Uberty requested a stenographic record of the hearing
be maintained. Section 553 of Local Agency Law, 2 Pa. C.S.A. Section 754 provides that
testimony shall be stenosraphically recorded provided any party so requests.
LUOIIH'JJRllJlrv"n~
5. The Borough refused to hold a stenographic hearing and commenced the
hearing.
6. Liberty and its witnesses refused to participate in the hearing unless a
stenographic record was maintained.
7. A full and complete record of the proceedings before the Local Agency was
not made.
8. Section 754 of Local Agency Law, 2 Pa. C.SA Section 754, provides that, in
the event a full and complete record of the proceedings before the Local Agency was not
made, the Court may hear the appeal de novo.
9. In light of the flagrant disregard of the Borough's failure to maintain a
stenographic record despite the request of Liberty and proceeding forward with the hearing
without the participation of Liberty or its witnesses, it appears that the ability of the Board
of Appeals to hold a fair and impartial hearing is circumspect. Accordingly, a remand to
the Local Agency to develop a full and complete record may be superfluous.
10. Further, Liberty alleges in its appeal that the Borough's actions are in
retaliation for Liberty's and its tenants' complaints regarding storm water problems in the
downtown Carlisle district. Any remand would result in further delay in ultimately resolving
or rectifying storm water problems.
2
L""DJIH\I~lY."n~
WHEREFORE, Liberty respectfully requests this Honorable Court that it hold a
de novo hearing, that it sustain Liberty's appeal and for such other and furtber relief as this
Court deems just and reasonable.
Respectfully submitted,
~
John . achur, Esquire
Attorney ID No. 58141
HETRICK, ZALESKI & PIERCE, P.C.
10 South Market Square, Suite 500
P.O. Box 1265
Harrisburg, Pennsylvania 17108-1265
Telephone No.: (717) 236-9581
Attorney for Appellant
3
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LIBERTI HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNSYLVANIA
v.
CASE NO.
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
CIVIL ACTION. LAW
LOCAL AGENCY REVIEW
RESPONSE TO PETITION OF BOROUGH OF CARLISLE
TO INTERVENE IN APPEAL
Liberty Holding Company. by and through its attorneys, Hetrick, Zaleski & Pierce,
P.c., responds to the Borough of Carlisle's Petition to Intervene in the above-captioned
matter as follows:
1-4,6, 7,9, and 12. Admitted.
5, 8, 10, 11, and 13. The averments of these paragraphs are specifically denied.
Without waiver of said denials, Liberty Holding Company does not object to the Borough
of Carlisle's intervention in this appeal.
Respectfully submitted,
~4-
John . achur, Esquire
Attorney ID No. 58141
HETRICK, ZALESKI & PIERCE, P.C.
10 South Market Square, Suite 500
P.O. Box 1265
Harrisburg, Pennsylvania 171 08-1265
Telephone No.: (717) 236-9581
Attorney for Appellant
l\JOUN\UIIIIJIIYRI~ ..
LlBERlY HOLDING COMPANY,
A Pennsylvania Partnership,
Appellant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNlY, PENNSYLVANIA
v.
CASE NO.
CARLISLE BOROUGH BOARD
OF APPEALS,
Appellee
CIVIL ACTION - LAW
LOCAL AGENCY REVIEW
CERTIFICATE OF SERVICE
I, John R. Kachur, on this ~(.., -Ii- day of September, 1995, hereby certify that I have
served a copy of the foregoing Response to Petition of Borough of Carlisle to Intervene in
Appeal by depositing same in the United States Mail, postage prepaid, upon the following:
Edward L. Schorpp, Esquire
Landis Black & Schorpp
36 S. Hanover Street
Carlisle, PA 17013
J~;;ft
Attorney for Appellant
HETRICK, ZALESKI & PIERCE, P.c.
10 S. Market Square, Suite 500
Post Office Box 1265
Harrllburg, PA 17108-1265
Telephone: (717) 236-9581