[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:
- ACT 537 PLAN
- 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.
- 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.
- GRINDER PUMP SYSTEM
- The grinder pump and any associated force mains or low-pressure laterals that connect the grinder pump to the Township's sewage collection system.
- IMPROVED PROPERTY
- 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.
- MUNICIPAL AUTHORITY
- The Caln Township Municipal Authority.
- OFFICIAL PLAN REVISION
- 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.
- PROPERTY OWNER
- 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.
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.
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.
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.
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.
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.
The Township or its designated agent shall inspect and approve the installation of the grinder pump system prior to it being covered.
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.
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.
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.
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.
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.
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.
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.