[Adopted 7-8-2008 by Ord. No. 186]
The purpose of this article is to establish procedures for the
installation, use and maintenance of sewage grinder pumps and any
associated force mains or low-pressure laterals. It is hereby declared
that the enactment of this article is necessary for the protection,
benefit and preservation of the health, safety and welfare of the
inhabitants of this municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
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 to 750.20a ("Sewage
Facilities Act" or "Act 537").
The Bethel Township, Delaware County, Sewer Authority, as
defined by the Municipality Authorities Act of 2001 (2001, June 19,
P.L. 287, No. 22, and as amended thereafter, 53 Pa.C.S.A. § 5601
et seq.), and as established and ordained by the municipality.
The Pennsylvania Department of Environmental Protection.
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.
Any property within the Township of Bethel 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.
The Bethel Township, Delaware County, Sewer Authority, the
body authorized by law to enforce ordinances or adopt resolutions
regarding sewage conveyance, treatment and disposal in Bethel Township.
Supervisors of Bethel Township, Delaware County, Pennsylvania.
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. § 750.2.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality.
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
to 691.1001, as amended.
The connection of existing properties or proposed new land development
to an existing or proposed sewerage system through the use of sewage
grinder pumps, their associated force mains, or low-pressure laterals
shall occur only after an official plan revision to the municipality's
Act 537 Plan, approved by both the municipality and Department, designates
that the proposed properties be served by such a connection.
A.
The municipality
and Authority are hereby authorized and empowered to adopt such rules
and regulations concerning sewage which they may deem necessary from
time to time to effect the purposes herein.
B.
The Authority
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 municipality's borders, including,
but not limited to, sewage grinder pumps and any associated force
mains or low-pressure laterals.
A.
The municipality 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 article.
B.
The Authority 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.
C.
All grinder pumps and low-pressure sewer systems shall comply with
the rules and regulations of the Authority in effect from time to
time and specifications, requirements and instructions provided by
the Authority Engineer.
D.
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 Authority in effect from time to time and specifications,
requirements and instructions provided by the Authority Engineer.
E.
The Authority shall maintain control over the type of grinder pumps
used and assure that full service capability is available locally
on short notice.
F.
Neither the Authority nor the municipality shall bear any responsibility
for the purchase, installation, use, operation, maintenance, service,
repair or replacement of the grinder pump and/or its low-pressure
force main or lateral, except as otherwise set forth herein.
A.
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, in accordance with specifications, requirements
and instructions provided by the Authority Engineer, unless otherwise
set forth herein.
B.
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 biodegradable in septic tanks.
C.
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 three days.
D.
Where the low-pressure force main or lateral is shared between property
owners, they shall execute and submit to the Authority a Declaration
of Easements, Covenants and Restrictions in recordable form, acceptable
to and provided by the Authority, setting forth the agreement of each
benefited property owner with respect to the installation, use, operation,
maintenance, service, repair and replacement of the low-pressure sewer
system, which Declaration and agreement shall bind all future property
owners. Following the approval of the low-pressure system by all applicable
agencies, the Authority will not issue a permit for its installation
until evidence is presented that the Declaration and agreement have
been recorded in the Office for the Recording of Deeds, Delaware County,
Pennsylvania.
In addition to any other remedies provided in this article, and remedies provided for in other municipality ordinances and/or Authority resolutions, rules and regulations, any violation of §§ 338-19 and 338-20 above shall constitute a nuisance and shall be abated by the Authority or by the municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All such rules and regulations adopted by the Authority or the
municipality to effectuate this article shall be in conformity with
the provisions herein, all other resolutions and ordinances of the
Authority and municipality, respectively, and all applicable laws,
and applicable rules and regulations of administrative agencies of
the Commonwealth of Pennsylvania.
