[Ord. No. 2022-01, 9/1/2022]
1.
The purpose of this Part 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 Part is necessary for the protection, benefit and preservation
of the health, safety and welfare of the inhabitants of Lower Macungie
Township.
2.
This Part applies to properties located within Lower Macungie Township
requiring grinder pumps and any associated low-pressure sewer systems
and laterals not otherwise subject to a valid grinder pump agreement
enforceable by Lower Macungie Township, and herein establishes the
procedures for the installation, operation, inspection, maintenance,
recordkeeping and retirement of those systems. This Part does not
supersede or invalidate any valid agreement governing the installation,
operation, maintenance, record keeping and retirement of grinder pumps
and any associated low-pressure sewer systems and laterals to which
the Township is a party.
[Ord. No. 2022-01, 9/1/2022]
As used in this Part, the following terms shall have the meanings
indicated:
Lower Macungie 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").
The Pennsylvania Department of Environmental Protection.
Any electric-motor-driven, submersible, centrifugal pump
capable of macerating all material found in normal domestic sanitary
sludge, 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
(i.e., "low-pressure lateral"). A basement grinder pump with no associated
low-pressure lateral is not included in the definition of grinder
pump.
A change in Lower Macungie Township'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. § 750.1.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in Lower Macungie 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
through 691.1001, as amended.
Lower Macungie Township, Lehigh County, Pennsylvania.
[Ord. No. 2022-01, 9/1/2022]
1.
The 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 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
sewage grinder pumps and any associated force mains or low-pressure
laterals.
[Ord. No. 2022-01, 9/1/2022]
1.
The connection of existing properties or proposed new subdivisions
and land developments 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 Township's Act 537 Plan, approved by both the Township
and Department, designates that the proposed properties be served
by such a connection.
2.
Each owner of an improved property served by a grinder pump shall
bear full responsibility for providing, installing, using, operating,
maintaining, servicing, repairing and replacing the grinder pump and
any associated low-pressure sewer system and lateral to the point
the low-pressure sewer system and lateral connect to the Township
main sewer line.
3.
Each owner of an improved property served by a grinder pump is required
to use the grinder pump consistent with the manufacturer's instructions
and shall avoid introducing into the sewer system materials that may
damage the grinder pump.
4.
The Township shall bear no responsibility for the purchase, installation,
use, operation, maintenance, service, repair, or replacement of a
grinder pump and any associated low-pressure sewer system and lateral.
5.
Every owner of an improved property subject hereto shall assure the
short- and long-term operation and maintenance, use, service, repair
or replacement of the system.
[Ord. No. 2022-01, 9/1/2022]
1.
The property owner is responsible for obtaining any required permits
and approvals for the installation or modification of a grinder pump
and any associated low-pressure sewer systems and laterals.
2.
The connection of a property to an existing or proposed sanitary
sewer system through the use of a grinder pump and associated low-pressure
sewer systems and laterals shall occur only after the property owner:
(1) receives the required approvals or waivers from the Township,
the Department of Environmental Protection, Department of Transportation
(if needed), and other relevant agencies; such approvals to include
sewage facilities planning under the Pennsylvania Sewage Facilities
Act (Act 537, as amended); and (2) pays any applicable tapping fees.
The Township will not issue a permit for the installation of a grinder
pump until copies of all approvals are filed with the Township.
3.
The property owner shall be responsible for the payment of all other
sewer fees, rentals and other charges required by ordinances of the
Township and the Lehigh County Authority.
4.
All grinder pumps and associated low-pressure sewer systems and laterals
shall be installed, used, operated, maintained, serviced, repaired
and replaced in full compliance with the rules and regulations of
and duly adopted by the Township and in full compliance with the rules
and regulations of the Department of Environmental Protection in effect
from time to time.
5.
The owner of an improved property serviced by a grinder pump shall
provide an adequate supply of electrical power with the proper phase,
frequency and voltage consistent with all manufacturers' recommendations.
6.
All control panels for individual grinder pump units shall have a
permanently attached phenolic label stating the following: "All maintenance
costs for grinder pump systems are the property owner's responsibility."
7.
All off-site low-pressure sewer mains located in the legal right-of-way
and servicing more than one property shall be offered for dedication
to the Township.
8.
The pump shall be an E/One Extreme Series Model DH071 or an equivalent
pump approved by the Township Engineer.
9.
The property owner 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
and lateral to the point the low-pressure force main and lateral connects
to the Township main sewer line.
10.
The property owner shall provide the Township with an as-built drawing
of the grinder pump and/or its low-pressure force main and lateral
after the completion of installation.
[Ord. No. 2022-01, 9/1/2022]
1.
Each owner of a grinder pump and any associated low-pressure sewer
system and lateral shall implement an inspection and maintenance program
for the grinder pump associated low-pressure sewer system and lateral
that includes, at a minimum, the manufacturers' recommended services
and inspections for each separate component.
2.
After the first month of operation of a 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 grinder pump inspected and certified by a qualified individual
to confirm that it is operating properly. The property owner shall
obtain and maintain a report signed by the inspector certifying that
the grinder pump is operating in accordance with the manufacturer's
specifications and recommendations. The property owner shall provide
the Township with a copy of the certified report upon request by the
Township.
3.
The property owner served by a grinder pump shall close the associated
low-pressure sewer system or lateral and cease operations during any
period when the grinder pump and/or low-pressure sewer system or lateral
serving the property is inoperable.
4.
The property owner shall maintain a contract with a licensed plumber
or other qualified contractor, acceptable to the Township, to ensure
a seven-day-per-week, twenty-four-hour emergency repair service for
the property (the "Contract").
5.
All existing improved properties subject to this Part containing
a grinder pump installed prior to the enactment of this Part shall
comply with the operations and maintenance requirements of this section
within six months.
6.
The Township shall, at reasonable times and upon notice, have access
to the grinder pump and associated low-pressure sewer system and lateral
for inspection.
7.
Prior to the construction of any additional buildings on the property
subject hereto or when a low-pressure sewer main is to be shared between
property owners, the property owner shall submit an application for
land development to the Township and a sewage facilities planning
module application mailer to the Pennsylvania Department of Environmental
Protection for a planning determination and secure planning approval
from both governmental entities. In conjunction with any approval,
the Township may require a duplex pump or a traditional submersible
pump station be constructed by property owner at the property owner's
expense to handle sewage flow from multiple buildings, including the
building which is being connected by use of the grinder pump subject
to this Part, and also to remove the existing grinder pump and connect
all such buildings to the new duplex grinder pump or traditional submersible
pump station to be constructed by property owner in accordance with
the requirements and regulations of the Township, Pennsylvania Department
of Environmental Protection and other appropriate regulatory agencies.
[Ord. No. 2022-01, 9/1/2022]
1.
A property owner proposing to install a grinder pump and associated
low-pressure sewer system or lateral shall prepare an operation and
maintenance plan for the grinder pump and execute and record a declaration
of covenants, easements, and restrictions with respect to the operation
and maintenance of the grinder pump and associated facilities in a
form satisfactory to the Township Solicitor. The declaration shall
acknowledge, among other things, that the property owner is aware
of and will comply with this Part and will assure the short- and long-term
operation, maintenance, service, repair and replacement of the grinder
pump and any associated low-pressure sewer system and lateral. Further,
the declaration shall permit and empower the Township, at and within
their sole discretion, to take any and all steps necessary to enforce
the property owners' obligations under this Part and the declaration
and to enter judgment and lien the subject property for reimbursement
of all costs and expenses related thereto. The Township will not issue
installation permits until evidence is presented that the declaration
has been recorded in the Office for the Recording of Deeds, Lehigh
County, Pennsylvania. The property owner shall be responsible for
the cost of preparing and filing the declaration.
2.
Where a low-pressure sewer system or lateral is to be shared between
property owners, they shall submit to the Township a declaration of
covenants, easements, and restrictions in recordable form setting
forth the agreement of each benefitted property owner with respect
to the installation, use, operation, maintenance, service, repair
and replacement of the low-pressure sewer system or lateral, which
agreement shall bind all future property owners. Following the approval
of the low-pressure system by all applicable agencies, the Township
will issue installation permits after evidence is presented that the
declaration has been recorded in the Office for the Recording of Deeds,
Lehigh County, Pennsylvania.
3.
The owner of a property served by a grinder pump shall obtain and
maintain at the property, and make available to the Township as requested,
the following information with respect to the grinder pump:
A.
Written operation and maintenance instructions.
B.
Annual inspection reports for the past five years.
C.
A detailed drawing showing the location, size, material type, and
depth of all components of the grinder pump and any associated low-pressure
sewer system and lateral, including provision of a caution notice
regarding disturbance near and within the grinder pump and associated
facilities.
D.
A written description of any automatic alarm system with the grinder
pump and any associated low-pressure system, and who to contact in
the event the alarm would be activated.
4.
The Contract and contact number and address of the associated plumber
or contractor must be provided to Township upon installation. The
property owner shall ensure the information maintained by Township
is accurate and current at all times thereafter.
5.
Upon the sale or transfer of a property served by a grinder pump
or low-pressure sewer system or lateral, the seller/grantor shall
provide the buyer/grantee prior to settlement all information regarding
the grinder pump system installed. The information provided shall
include all information and documents required to be maintained at
the property, recording information for all recorded documents, manufacture
and distributor identity and contact information, operating instructions,
warranties, and maintenance schedule.
6.
The seller/grantor shall inform the buyer/grantee about the requirements
of this Part and any recorded document with respect to the grinder
pump and associated facilities.
7.
All existing improved properties subject to this Part containing
a grinder pump installed prior to the enactment of this Part shall
comply with the grinder pump documentation requirements contained
herein within six months, including the execution and recording of
a declaration of covenants, easements, and restrictions with respect
to the operation and maintenance of the grinder pump and associated
facilities in a form satisfactory to the Township Solicitor.
[Ord. No. 2022-01, 9/1/2022]
The owner of a property subject to this Part shall retire the
grinder pump, disconnect from the low-pressure system, and connect
the property to a gravity sanitary sewer system at the direction of
the Township when a gravity sanitary sewer collection system is constructed
in a location abutting any boundary line of the property or within
150 feet of any occupied structured situated on the property, and
the Township Engineer determines that it is reasonably feasible to
connect the property to the gravity system.
[Ord. No. 2022-01, 9/1/2022]
1.
Each violation of a section or subsection of this Part shall constitute
a separate violation. Each day the violation persists shall then constitute
a separate summary offense for which the maximum criminal fine of
$1,000 and/or a maximum term of imprisonment of 90 days may be imposed
upon conviction. For the enforcement of this Part or to correct any
violation thereof, the Township may also, or in the alternative, institute
appropriate action or proceeding at law or equity. The offender shall
also be assessed all court costs and be required to reimburse all
attorneys' fees reasonably incurred by the Township in association
with securing a conviction and/or related to any other proceedings
instituted pursuant hereto.
2.
In addition to remedies available under this Chapter and the First
Class Township Code, the Township may assess civil penalties under
the Pennsylvania Sewage Facilities Act as it relates to nuisances
or interference with any officer, agent or the Township itself. The
Township may assess the cost of damages caused by violations of this
Part or the Pennsylvania Sewage Facilities Act,[1] applicable fines and penalties, the cost of correcting
such violation(s), as well as legal fees, costs of enforcement and
fees incurred to hold hearings. The Sewage Enforcement Officer shall
provide notice of violations of this Part or the Sewage Facilities
Act and the proposed assessment of penalties.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
3.
In the event the Township elects to perform the property owner's
obligations contained in this Part, or in any declaration or agreement
entered into by the property owner, because the property owner has
failed to do so, the Township may charge the property owner the cost
incurred by the Township in performing any of the property owner's
obligations, and the property owner shall reimburse the Township for
all such costs within 30 days after such costs are billed. The Township
and the operator shall have the right to file a lien against the property
to secure to the Township any reimbursement of costs due it.
