Township of Upper Gwynedd, PA Part 3 Grinder Pumps [1]

[Adopted 5-21-2007 by Ord. No. 2007-03]

[1] Editor's Note: Former Part 3, Sewer Connections, adopted 4-19-1967 by Ord. No. 67-5, was repealed 6-15-1987 by Ord. No. 87-6.

Article VIE Installation, Use, Maintenance and Repair

§ 155-29.29 Planning; duties and responsibilities; nuisances.

A. Definitions. Unless the context specifically and clearly indicates otherwise, the meanings of terms used in this Part 3 shall be as follows:

ACT 537 PLAN

A municipality's official plan as defined in the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 1535 (1965), No. 537, as amended, 35 P.S. §§ 750.1 through 750.20a ("Sewage Facilities Act" or "Act 537").

DEPARTMENT

The Pennsylvania Department of Environmental Protection.

GRINDER PUMP

Any electric motor-driven, submersible, centrifugal pump capable of macerating all material found in normal domestic sanitary sewage, including reasonable amounts of objects such as plastics, sanitary napkins, disposable diapers, rubber and the like, to a fine slurry, and pumping this material through a small-diameter discharge.

IMPROVED PROPERTY

Any property within the Township upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.

OFFICIAL PLAN REVISION

A change in the Municipality's Act 537 Plan to provide for additional or newly identified future or existing sewage facilities needs, as defined fully in Section 1 of the Sewage Facilities Act, 35 P.S. § 750.1, which may include one or more of the following:

(1) UPDATE REVISION A comprehensive revision to an existing official plan required when the Department or municipality determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of a municipality or its residents or landowners.

(2) SPECIAL STUDY A study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.

(3) REVISION FOR NEW LAND DEVELOPMENT A revision to a municipality's official plan resulting from a proposed subdivision as defined in the Act.

(4) SPECIAL STUDY A study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.

PROPERTY OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Township.

SEWAGE

Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substance being harmful or inimical to the public health, or to animal or aquatic life or to the use of water for domestic water supply or for recreation or any substance which constitutes pollution under the Clean Streams Law, 35 P.S. §§ 691.1 through 691.1001, as amended.

B. Planning requirements. The connection of existing properties or proposed new land development to an existing or proposed sewerage system through the use of sewage grinder pumps, and any of their associated force mains, or low-pressure laterals to an existing sewerage system shall occur only after an official plan revision to the Township's Act 537 Plan, approved by both the Township and Department, that designates the proposed properties be served by such a connection.

C. Powers of the Township.

(1) The Township is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.

(2) The Township is hereby authorized and empowered to take such other actions as are necessary, including, but not limited to, entering into agreements with property owners that assure proper operation and maintenance of sewage facilities within the Township's borders, including, but not limited to, sewage grinder pumps and any associated force mains or low-pressure laterals.

D. Duties and responsibilities of the Township.

(1) The Township shall exercise its powers and legal authority set forth herein, and under all applicable statutes, ordinances, and other laws, to effect the purposes of this Part 3.

(2) The Township may enter into an agreement with each property owner proposing to install or who has installed a sewage grinder pump or low-pressure sewage system to assure the short- and long-term operation and maintenance, use, service, repair or replacement of such systems.

(3) All grinder pumps and low-pressure sewer systems (and the installation, use, operation, maintenance, service, repair and replacement thereof) shall comply with the rules and regulations of the Township in effect from time to time.

(4) All grinder pumps and low-pressure sewer systems shall be connected to the sewage collection and conveyance system in full compliance with the rules and regulations of the Township in effect from time to time.

(5) The Township shall bear no responsibility for the purchase, installation, use, operation, repair, maintenance, service, repair or replacement of the grinder pump and/or its low-pressure force main or lateral, except as otherwise set forth herein.

E. Duties and responsibilities of others.

(1) Each property owner served by a grinder pump shall bear full responsibility for providing, installing, using, operating, maintaining, servicing, repairing and replacing his/her grinder pump and/or its low-pressure force main or lateral, unless otherwise set forth herein.

(2) Each property owner served by a grinder pump shall have full responsibility for using the pump consistent with the manufacturer's instructions and shall avoid introducing into the sewerage system materials that may damage the impellers on the pump, including, but not limited to, items designated as not biodegradable in septic tanks.

(3) Each property owner served by a grinder pump shall close the sewage system and cease operations during any period when the grinder pump and/or low-pressure system serving a property is inoperable for more than two days.

(4) Where low-pressure force main or lateral is shared between property owners, they shall submit to the Township a declaration of easements, covenants and restrictions in recordable form setting forth the agreement of each benefitted property owner with respect to the installation, operation, use and maintenance, service, repair and replacement of the low-pressure sewer system, which agreement shall bind all future property owners. Following the approval of the low-pressure system by all applicable agencies, the Township will not issue a permit for its installation until evidence is presented that the agreement has been recorded in the office for the recording of deeds of Montgomery County, Pennsylvania.

F. Abatement of nuisances. In addition to any other remedies provided in this Part 3, any violation of Subsections D and E above shall constitute a nuisance and shall be abated by the Township by seeking either mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.

G. Rules and regulations to be in conformity with applicable law. All such rules and regulations adopted by the Township to effectuate this Part 3 shall be in conformity with the provisions herein, all other ordinances of the Township, and all applicable laws and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.

H. Penalties.[1]

(1) Any person or persons, firm or corporation who shall violate any of the provisions of this Part 3, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this Part 3 are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this Part 3, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceed 30 days.

(2) Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.

(3) This section shall not preclude the Township from any other remedy it may have at law or equity.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).