[Adopted 7-13-2022 by Ord. No. 344-2022]
Purpose. The purpose of this Part 5, Sewage Grinder Pumps, is to establish procedures for the installation, use, and maintenance of sewage grinder pumps and any associated 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 the Township.
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this Part 5, shall have the meanings
hereinafter designated. Words in the present tense include the future.
The singular number includes the plural number. The plural number
includes the singular number. "Shall" is mandatory; "may" is permissive.
East Whiteland 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 (the "Sewage Facilities Act" or "Act 537").
The Pennsylvania Department of Environmental Protection.
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 pipe (i.e., low-pressure lateral).
Any property within the 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.
A change in the 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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
A plumber, firm or other individual experienced with the
operation and maintenance of grinder pumps and low-pressure laterals
and who is licensed by the Commonwealth of Pennsylvania and possesses
adequate insurance as required by the Township.
A revision to the Act 537 Plan resulting from a proposed
subdivision as defined in Act 537.
A 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, animal or aquatic life, or to the use of water
for domestic water supply or for recreation, or any substance that
constitutes pollution under the Clean Streams Law, 35 P.S. §§ 691.1
through 691.1001, as amended.
The connection of existing properties or proposed new land development
to an existing or proposed sewage system through the use of sewage
grinder pumps and their associated low-pressure laterals shall occur
only after an official plan revision to the Township's Act 537 Plan,
or exemption as approved by both the Township and the Department,
which designates that the proposed properties be served by such a
connection.
A.
The Township is hereby authorized and empowered to adopt by resolution
such rules and regulations concerning sewage that it may deem necessary,
from time to time, to properly operate and maintain the sewer system.
Such rules and regulations shall be maintained at the Township building
for inspection during normal office hours.
B.
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
or low-pressure laterals.
A.
The Township shall exercise its powers and legal authority set forth
herein, and under all applicable statutes, ordinances, and other laws,
to effect the purpose of this article.
B.
The Township may enter into an agreement with each property owner,
or representative homeowners' association representing multiple property
owners located within a development, proposing to install or who has
installed a sewage grinder pump or low-pressure lateral to assure
the short- and long-term operation, maintenance, use, service, repair
or replacement of such systems.
C.
The Township shall require that all grinder pumps and low-pressure
sewer laterals (including the installation, use, operation, maintenance,
service, repair and replacement thereof) shall comply with the rules
and regulations of the Township and the Commonwealth of Pennsylvania.
D.
The Township shall require that all grinder pumps and low-pressure
laterals be connected to the Township's sewage collection and conveyance
system, pursuant to a permit obtained from the Township. The Township
shall also be responsible for the permitting and inspection of any
replacement, repair, or modification of the grinder pumps and low-pressure
laterals located on a property owner's land.
E.
The Township shall review the type of grinder pump used by a property
owner and ensure that the property owner has provided documentation
that a qualified technician is available locally on short notice in
case of malfunction.
F.
The Township shall bear no responsibility for the purchase, installation,
use, operation, maintenance, service, repair, or replacement of the
grinder pump and/or low-pressure lateral.
A.
Each property owner whose property is served by a grinder pump shall
bear full responsibility for obtaining, installing, using, operating,
maintaining, servicing, repairing and replacing the grinder pump and/or
its low-pressure lateral within the property to the public right-of-way,
unless otherwise set forth herein.
B.
Each property owner whose property is served by a grinder pump shall
have responsibility for using and maintaining the grinder pump in
a manner consistent with the manufacturer's instructions and the rules
and regulations promulgated by the Township, and shall avoid introducing
any material that could damage the impellers on the pump, including,
but not limited to, items designated as biodegradable in septic tanks.
C.
Each property owner whose property is served by a grinder pump shall
close the sewage system and cease operations during any period when
the grinder pump and/or low-pressure lateral serving the property
is inoperable for more than 90 days.
D.
Where the low-pressure lateral is permitted by the Department and
the Township to be shared between property owners, such property owners
shall submit to the Township 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
shared lateral, which agreement shall bind all future property owners.
Following approval 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, Chester County, Pennsylvania.
E.
Each property owner shall annually renew, for the life of the grinder
pump system, a contract with a maintenance contractor who employs
at least one qualified technician (hereinafter the "maintenance contractor"),
and shall annually provide a copy of such contract to the Township.
The maintenance contractor shall be a qualified technician 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.
F.
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 provide the property owner and the
Township with copies of a 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 Township.
The property owner is responsible for obtaining any required permits
from the Township for any revision or modification to the grinder
pump, associated appurtenances, and the low-pressure lateral.
A.
Remedies of the Township. In the event of a property owner's failure
to perform any obligation imposed under this article or under any
subsequent agreements resulting herefrom, the Township shall have
the right, but not the obligation, to perform such obligation or obligations
of the property owner 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.
B.
Reimbursement of costs. In the event the Township elects to perform a property owner's obligations pursuant to this Article XII, the Township shall charge the property owner the cost incurred by the Township in performing such obligations, and the property owner shall reimburse the Township for all such costs.
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 the Township, and all applicable laws, and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania.
