[HISTORY: Adopted by the Board of Commissioners of the Township of Hatfield 2-22-2006 by Ord. No. 550. Amendments noted where applicable.]
The purpose of this chapter 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 chapter is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of this Hatfield Township.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used herein shall be as follows:
- ACT 537 PLAN
- Hatfield Township'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 Hatfield Township Municipal Authority.
- The Pennsylvania Department of Environmental Protection.
- GRINDER PUMP
- Any electric-motor-driven, submersible 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.
- HATFIELD TOWNSHIP
- Hatfield Township, Montgomery County, Pennsylvania, a First-Class Township having an address of 1950 School Road, Hatfield, PA 19440.
- IMPROVED PROPERTY
- Any parcel of real estate located within Hatfield 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.
- PLANNING APPROVAL
- Those approvals required by the Sewage Facilities Act, ordinances of Hatfield Township and/or regulations of the Authority prior to discharging sewage (as defined herein) into the Authority's sanitary sewer system, and may include the following:
- PROPERTY OWNER
- Any person vested with ownership, legal or equitable, sole or partial, of any property located in Hatfield Township.
- 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 Stream Law, 35 P.S. §§ 691.1 to 691.1001, as amended.
The connection of proposed new land development or a proposed new improved property 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 receiving planning approval from the Authority, Hatfield Township and the Department. All existing improved properties containing a grinder pump prior to the passage of this chapter are exempt from the provisions contained herein.
The Authority is hereby authorized and empowered to enforce the provisions of this chapter and to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein.
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 Authority's service area, including but not limited to sewage grinder pumps and any associated force mains or low-pressure laterals.
Hatfield 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 chapter.
Hatfield Township shall require any utilization of grinder pumps to comply with this chapter and the specific obligations relating to maintenance agreements for grinder pumps, as well as any other applicable regulations and/or agreements.
Prior to granting a use and occupancy certificate, Hatfield Township shall require each property owner proposing to install a sewage grinder pump or low-pressure sewage system to produce an executed maintenance agreement for the grinder pump in a form satisfactory to the Township Solicitor. The agreement will acknowledge, among other things, that the property owner has been made aware of and will comply with this chapter and will assure the short- and long-term operation, maintenance, use, service, repair and/or replacement of such systems. Further, the relevant agreement shall permit and empower the Authority (and, in the alternative, the Township, at and within its sole discretion) to take any and all steps necessary in order to enforce property owners' obligations under the maintenance agreement and to enter judgment and lien the subject property for reimbursement of all costs and expenses related thereto.
The Authority shall require that all grinder pumps and low-pressure sewer systems (and the installation, use, operation, maintenance, service, repair and replacement thereof) shall comply with the rules, regulations and standard specifications concerning grinder pumps of the Authority and Hatfield Township which may be in effect from time to time.
The Authority shall require a permit for the installation of all grinder pumps and low-pressure sewer systems connected to the Authority's sewage collection and conveyance system.
The Authority shall review the type of grinder pump used and assure that the property owner has provided documentation that grinder pump maintenance service is available locally and on short notice.
Hatfield Township and/or the Authority shall bear no 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.
Each property owner using 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.
Where the low-pressure force main or lateral is shared between property owners, they shall submit to the Authority a declaration of easements, covenants and restrictions in recordable form 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 agreement shall bind all future property owners. Following planning approval, the Authority 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, Montgomery County, Pennsylvania.
Each property owner shall annually renew, for the life of the grinder pump, and shall annually provide to the Authority a copy of a maintenance agreement or contract with an authorized maintenance contractor (hereinafter the "maintenance contractor"). The maintenance contractor shall be a private independent contractor who has been given special training by the original equipment manufacturer and is authorized by the manufacturer to service the grinder pump and all appurtenances.
After the first month of operation of the grinder pump, and annually thereafter, or more frequently if the manufacturer of any component parts recommends more frequent servicing, the property owner shall have the maintenance contractor inspect the system and have the maintenance contractor provide the property owner and the Authority with copies of report signed by the maintenance contractor certifying that the grinder pump is operational in accordance with the permit. The inspection and maintenance program will include at a minimum the manufacturers' recommended services and inspections for each separate component of the system. The maintenance contractor's report shall include the average daily flow from water meter readings, if available. The report shall also indicate resolution of any deficiencies noted in the maintenance contractor's inspection or any service or alarm call during the past year. If a revision or modification is made to the system, an amended and revised drawing detailing the revision or modification shall be provided to the property owner and the Authority. The property owner is responsible for obtaining any required permits from the Authority for any revision or modification to the grinder pump and all appurtenances to it and the low-pressure system.
In the event Hatfield Township or the Authority elects to perform the property owner's obligations contained in this chapter or any agreements entered into by the property owner and Hatfield Township or the Authority, Hatfield Township and/or the Authority shall charge the property owner the cost incurred by Hatfield Township or the Authority in performing any of the property owner's obligations, and the property owner shall reimburse Hatfield Township and/or the Authority for all such costs within 30 days after such costs are billed.
In the event of the property owner's failure to perform under this chapter or any subsequent agreements resulting herefrom, Hatfield Township and/or the Authority shall have the right to pursue whatever legal or equitable remedy they shall deem appropriate, including but not limited to bringing an action for specific performance against the property owner to compel compliance with this chapter or any subsequent agreement resulting herefrom. Hatfield Township and/or the Authority shall also have the right to file a lien against the property to secure to Hatfield Township and/or the Authority any reimbursement of costs due to them.
In addition to any other remedies provided in this chapter, any violation of §§ 156-5 and 156-6 above shall constitute a nuisance and shall be abated by Hatfield Township or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All rules and regulations adopted by the Authority to effectuate this chapter shall be in conformity with the provisions herein, all other ordinances of Hatfield Township, and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.