[Adopted 8-8-2011 by Ord. No. 2011-6]
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 this municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
Marple Township's Official Plan as defined in the Pennsylvania
Sewage Facilities Act of January 24, 1966, P.L. 1535 (1965), No. 537,
as amended, 35 P.S. § 750.1-750.20a ("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.
Any parcel of real estate located within Marple 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.
Marple Township, Delaware County, Pennsylvania, a First Class
Township have an address of 227 South Sproul Road, Broomall, PA 19008
A change in the Marple Township 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.
REVISION FOR NEW LAND DEVELOPMENTA revision to the Act 537 plan resulting from a proposed subdivision as defined in the Act.
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
UPDATE REVISIONA comprehensive revision to the Act 537 Plan required when the Department of Marple Township determines the official plan or one or more of its parts is inadequate for existing or future sewage facilities needs of the Township or its residents or landowners.
Any person vested with ownership, legal or equitable, sole
or partial, of any property local in Marple 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. § 691.1-691.1001,
as amended.
The connection of proposed new land development or a proposed
new improved property 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 Act 537 Plan, approved by both the Marple Township and the
Department, designates that the proposed properties be served by such
a connection. All existing improved properties containing a grinder
pump prior to the passage of this article are exempt from the provisions
contained herein.
A.
The Township is hereby authorized and empowered to enforce the provisions
of this article and to adopt such rules and regulations concerning
sewage, which it may deem necessary from time to time to affect the
purposes herein.
B.
The Township is hereby authorized and empowered to take such actions
as are necessary, including, but not limited to, entering into agreements
with property owners that ensure proper operation and maintenance
of sewage facilities within the Township's service area, including,
but not limited to, sewage grinder pumps and any associated force
mains or low-pressure laterals.
A.
Marple Township shall exercise its powers and legal authority set
forth herein, and under all applicable statues, ordinances, and other
laws to affect the purposes of this article.
B.
The Township shall require an agreement with each property owner
proposing to install a sewage grinder pump or low-pressure sewer system
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 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.
D.
The Township shall require that all grinder pumps and low-pressure
sewer systems shall be connected to the Township's sewerage collection
and conveyance system in full compliance with the rules and regulations
of the Township in effect from time to time.
E.
The Township shall review the type of grinder pump used and ensure
that the property owner has provided documentation that full service
capacity is available locally on short notice in case of malfunction.
F.
Marple Township shall bear no responsibility for the purchase, installation,
use, operation, maintenance, service, repair, or replacement of the
grinder pump and/or its low-pressure sewer systems and low-pressure
force main or lateral, except as otherwise set forth herein.
A.
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/or its low-pressure
force main or lateral, unless otherwise set forth herein.
B.
Where the low-pressure force main or lateral is shared between property
owners, they shall submit to Marple 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
low-pressure sewer system, which agreement shall bind all future property
owners. Following the approval of the low-pressure sewer 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 for the Recording of Deeds, Delaware County,
Pennsylvania.
C.
Each property owner shall annually renew, for the life of the grinder
pump, and shall annually provide to the Township a copy of a System
contract with an authorized maintenance contractor (hereinafter the
"maintenance contractor"). The maintenance contractor shall be a private,
independent contractor, 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.
D.
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 Marple Township for any revision or modification
to the grinder pump and all appurtenances to it and the low-pressure
system.
In the event Marple Township elects to perform the property
owner's obligations contained in this article or any agreements
entered into by the property owner and the Township, the Township
shall charge the property owner the cost incurred by the Township
in performing the property owners obligations hereunder or in any
subsequent agreements, and the property owner shall reimburse the
Township for all such costs.
In the event of the property owners' failure to perform
under this article or any subsequent agreements resulting herefrom,
the Township shall have the right, but not the obligation to perform
property owner's obligations under this article and/or to pursue
whatever legal or equitable remedy they 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.
