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 the terms used in this article shall be as follows:
ACT 537 PLAN
Springfield 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 through 750.20a ("Sewage
Facilities Act" or "Act 537").
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
GRINDER PUMP
Any electric motor drive, 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.
IMPROVED PROPERTY
Any parcel of real estate located within Springfield Township
upon which there is erected a structure intended for continuous or
periodic inhabitation, 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 Springfield Township 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.
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole
or partial, or any property located in Springfield 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.
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.
SPRINGFIELD TOWNSHIP
Springfield Township, Delaware County, Pennsylvania, a First
Class Township having an address of 50 Powell Road, Springfield, PA
19064.
UPDATE REVISION
A comprehensive revision to the Act 537 Plan required when
the Department or Springfield Township determines the official plan
or one or more of its parts is inadequate for existing or future sewage
facilities needs of the Township or its residents or landowners.
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 an official plan revision
to the Act 537 Plan, approved by both Springfield Township and the
Department, designates that the proposed properties be served by such
a connection.
In the event Springfield Township elects to perform the property
owner's obligations contained in this article or any agreements entered
into by the property owner and the Township, the Township shall charge
the property owner the cost incurred by the Township in performing
the property owner's obligations hereunder or in any subsequent agreements,
and the property owner shall reimburse the Township for all such costs.
In the event of the property owner's failure to perform under
this article or any subsequent agreements resulting herefrom, the
Township shall have the right, but not the obligation, to perform
the property owner's obligations under this article and/or to pursue
whatever legal or equitable remedy it shall deem appropriate, including,
but not limited to, bringing an action for specific performance against
the property owner to compel compliance with this article or any subsequent
agreement resulting herefrom. The property owner shall reimburse the
Township for all costs incurred by the Township in doing so, including
legal fees. The Township shall also have the right to file a lien
against the property to secure to the Township any reimbursement of
costs due to the Township.
In addition to any remedies provided in this article, any violation of §§
111-27 and
111-28 above shall constitute a nuisance and may be abated by the Township 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 Township to effectuate
this article shall be in conformity with the provisions herein, all
other ordinances of Springfield Township, and all applicable laws,
and applicable rules and regulations of administrative agencies of
the Commonwealth of Pennsylvania.
All ordinances or resolutions, or parts of ordinances or resolutions
insofar as they are inconsistent herewith, are hereby repealed.
If in any sentence, clause, section or part of this article
is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this article, it being the intent that such remainder
shall be and shall remain in full force and effect.
This article shall become effective immediately.