[Ord. No. 2007-03, 5/16/2007]
The purpose of this Part is to establish procedures for the
installation, use and maintenance of sewage grinder pumps and any
associated gravity or low-pressure laterals. It is hereby declared
that the enactment of this Part is necessary for the protection, benefit
and preservation of the health, safety and welfare of the inhabitants
of Valley Township.
[Ord. No. 2007-03, 5/16/2007]
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this Part 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, 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 Valley 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 sewage shall or may
be discharged.
LATERAL
The gravity and/or pressure service sewer line that discharges
wastewater from a dwelling or use permitted by the Township to the
Township's collection sewer system and has no other common sewer
tributary to it.
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 2 of the Sewage Facilities Act,
35 P.S. § 750.2.
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in Valley 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 Stream Law, 35 P.S. §§ 691.1
through 691.1001, as amended.
TOWNSHIP
Valley Township, Chester County, Pennsylvania.
[Ord. No. 2007-03, 5/16/2007]
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 their associated gravity or low-pressure laterals
shall occur only after an official plan revision to the municipality's
Act 537 Plan, as approved by both the Township and the Department,
designates that the proposed properties be served by such a connection.
[Ord. No. 2007-03, 5/16/2007]
1. 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 Board of Supervisors 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
borders, including, but not limited to, sewage grinder pumps and any
associated gravity or low-pressure laterals. Exhibit A which is attached
hereto is a copy of the Grinder Pump Station Operation and Maintenance
Agreement to be entered into by the property owner and Township.
[Ord. No. 2007-03, 5/16/2007]
1. The Township shall exercise its powers and legal authority set forth
herein, and under all applicable statutes, ordinances, and other laws
to affect the purposes of this Part.
2. The Township will 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. Exhibit B is the sewage grinder pump installation
requirements for both low-pressure sewers and gravity sewers with
which the property owner shall comply.
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 maintain control over the type of grinder pumps
used and maintain a list of licensed plumbers that have full service
capability and service the Township area.
6. Township shall bear no responsibility for the purchase, installation,
use, operation, maintenance, service, repair, or replacement of the
grinder pump and its associated gravity or low-pressure lateral, except
as otherwise set forth herein.
7. The Township will be responsible for the operation and maintenance
of gravity or low- pressure collection systems that are constructed
by property owners or land developers for the purpose of connecting
grinder pump systems. The Township's operation and maintenance
responsibilities will begin upon the collection systems being accepted
for dedication.
[Ord. No. 2007-03, 5/16/2007]
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 associated gravity
or low-pressure lateral, unless otherwise set forth herein.
2. Each property owner served by a grinder pump shall be responsible
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.
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 one day.
[Ord. No. 2007-03, 5/16/2007]
In addition to any other remedies provided in this Part, any violation of §§
18-405 and
18-406 above shall constitute a nuisance and shall be abated by the Township either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Ord. No. 2007-03, 5/16/2007]
All such rules and regulations adopted by the Township to effectuate
this Part shall be in conformity with the provisions herein, all other
ordinances of the Township and all applicable laws, rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
[Ord. No. 2007-03, 5/16/2007]
All ordinances or resolutions or parts of ordinances or resolutions,
insofar as they are inconsistent herewith, are hereby repealed.
[Ord. No. 2007-03, 5/16/2007]
Any property owner who shall violate any provision of this Part
shall be subject to prosecution enforced through an action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
and punishable by a fine not to exceed $1,000 and/or a term of imprisonment
not to exceed 90 days. A separate offense shall arise for each day
or portion thereof in which a violation is found to exist or for each
section of this Part which is found to have been violated.
[Ord. No. 2007-03, 5/16/2007]
If any sentence, clause, section or part of this Part 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 Part, it being the intent of the Board of Supervisors
that such remainder shall be and remain in full force and effect.
[Ord. No. 2007-03, 5/16/2007]
This Part shall become effective five days after enactment.