[Adopted 2-24-2005 by Ord. No. 2005-1]
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 Caln Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this Ordinance shall
be as follows:
The 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 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.
The grinder pump and any associated force mains or low-pressure
laterals that connect the grinder pump to the Township's sewage collection
system.
Any property within the 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.
The Caln Township Municipal Authority.
A change in the 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 the 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.
Caln Township, Chester County, Pennsylvania.
The connection of existing properties or proposed
new land development to an existing or proposed sewer system through
the use of a grinder pump system 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 and the Township issues a sewer permit
authorizing such connection.
The Township and the Authority are hereby authorized
and empowered to adopt such rules and regulations concerning the use
and maintenance of grinder pump systems which they may deem necessary
from time to time to effect the purposes herein. The Township and
the Authority are hereby authorized and empowered to take such other
actions as are necessary, including, but not limited to, requiring
property owners to enter an agreement with the Township and/or the
Authority to assure proper operation and maintenance of grinder pump
systems.
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 purposes of this article.
B.
The Township shall enter into an agreement with each
property owner who proposes to install or who has installed a grinder
pump system to assure the short-and long-term operation and maintenance,
use, service, repair or replacement of such system. The agreement
shall be in a form acceptable to the Township Solicitor and shall
be recorded in the office of the Recorder of Deeds in Chester County,
Pennsylvania, prior to the issuance of a sewer permit to connect the
property to the Township's sewage collection and conveyance system.
The agreement shall specify that the property owner is responsible
for the short- and long-term operation and maintenance, use, service,
repair or replacement of the grinder pump system. The agreement shall
provide that if the property owner fails to adequately maintain the
grinder pump system, the Township may enter the property served by
such system and maintain the same at the sole cost and expense of
the property owner. All of the Township's costs to maintain the grinder
pump system, including administrative fees and legal fees, shall constitute
a lien against the property until paid.
C.
All grinder pump systems (and the installation, use,
operation, maintenance, service, repair and replacement thereof) shall
comply with the rules and regulations of the Township and the Authority
which are in effect.
D.
All grinder pump systems shall be connected to the
Township's sewage collection and conveyance system in full compliance
with the rules and regulations of the Township and the Authority which
are in effect.
E.
The Township, or its designated agent, shall approve
the design and specifications for the type of grinder pump system
used prior to the installation of the same and the issuance of a sewer
permit.
F.
The Township or its designated agent shall inspect
and approve the installation of the grinder pump system prior to it
being covered.
G.
The Township and the Authority shall bear no responsibility
for the purchase, installation, use, operation, maintenance, service,
repair, or replacement of the grinder pump system, except as otherwise
set forth herein.
A.
Each property owner of a property served by a grinder
pump system shall bear full responsibility for providing, installing,
using, operating, maintaining, servicing, repairing and replacing
his/her grinder pump system.
B.
Each property owner of a property served by a grinder pump system shall enter into an agreement with the Township which imposes upon the property owner the duty of operating and maintaining the grinder pump system as further described in § 128-33B.
C.
Each property owner of a property served by a grinder
pump system shall have full responsibility for using the pump consistent
with the manufacturer's instructions and shall avoid introducing into
the Township's sewer collection system materials that may damage the
pump, including, but not limited to, items designated as biodegradable
in septic tanks.
D.
If a property is using an on-lot septic system prior
to the installation of the grinder pump system and connection to public
sewer, the property owner shall, within 90 days after the property
owner connects his property to the Township's sewage system, pump
any tanks associated with the on-lot septic system and have the tanks
disinfected by a licensed hauler. Verification that the tanks were
pumped and properly cleaned must be submitted to the Township. Once
pumped and cleaned, all associated tanks must be promptly filled using
clean 2B stone. The Township shall be notified a minimum of 24 hours
in advance of filling to allow for backfill inspections to be scheduled.
E.
Each property owner of a property which is served
by a grinder pump system shall immediately notify the Township of
any alarm or other notification that the grinder pump system is malfunctioning.
If the grinder pump system malfunctions or fails to operate as designed,
the property owner shall immediately cease all operations of the grinder
pump until it is repaired and/or replaced.
F.
Where the low-pressure force main or lateral is shared
between property owners, the property owners shall submit to the Township
a declaration of easements, covenants 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, which agreement
shall bind all future property owners. Following the approval of the
low-pressure system 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 of the Recorder
of Deeds in Chester County, Pennsylvania.
In addition to any other remedies provided in this article, any violation of § 128-34 above shall constitute a nuisance and shall 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 rules and regulations adopted by the Township
or Authority to effectuate this article shall be in conformity with
the provisions herein, all other ordinances of the Township or resolutions
of the Authority, and all applicable laws, and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
Any person who shall violate any provisions
of this article, as the same may now be or may hereafter be amended,
or any order issued by any Township official pursuant to the provisions
of this article, shall, upon summary conviction before an issuing
authority having jurisdiction thereof, be punished by a fine of not
less than $100 and not more than $1,000 for each offense, plus costs
and attorney fees. Each separate building, each separate dwelling
unit and each separate discharge in respect to which a violation occurs
shall be deemed a separate offense.
