[Adopted 6-1-2005 by Ord. No. 2005-7]
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:
The municipality'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 Lower Salford Township Authority.
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 municipality 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.
Lower Salford Township.
A change in the municipality 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.
UPDATE REVISION—A comprehensive revision
to the Act 537 Plan required when the Department or municipality determines
the official plan or one or more of its parts are inadequate for the
existing or future sewage facilities needs of the municipality or
its residents or landowners.
SPECIAL STUDY—A 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.
REVISION FOR NEW LAND DEVELOPMENT—A revision
to the Act 537 Plan resulting from a proposed subdivision as defined
in the Act.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality.
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.
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 municipality
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 Authority 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 for time
to time to effect the purposes herein.
B.
The Authority 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 Authority's
service area, including, but not limited to, sewage grinder pumps
and any associated force mains or low-pressure laterals.
A.
Municipality 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 Authority shall require an agreement with each
property owner proposing to install a sewage grinder pump or low-pressure
sewage system to assure the short- and long-term operation and maintenance,
use, service, repair or replacement of such systems.
C.
The Authority 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 Authority in effect from time
to time.
D.
The Authority shall require that all grinder pumps
and low-pressure sewer systems shall be connected to the Authority's
sewage collection and conveyance system in full compliance with the
rules and regulations of the Authority in effect from time to time.
E.
The Authority shall review the type of grinder pump
used and assure that the property owner has provided documentation
that full service capacity is available locally on short notice in
case of malfunction.
F.
Municipality and/or the Authority shall bear no responsibility
for the purchase, installation, use, operation, maintenance, service,
repair or replacement of the grinder pump and/or its 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 the municipality 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 system by all applicable agencies, the Authority will
not issue a permit for its installation until evidence is presented
that the agreement has been recorded in the Office for the Recorder
of Deeds, Montgomery County, Pennsylvania.
C.
Each property owner shall annually renew, for the
life of the grinder pump, and shall annually provide to the Authority
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 inspect the system and
have the maintenance contractor provide the property owner and the
Authority with copies of 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 Authority.
The property owner is responsible for obtaining any required permits
from municipality for any revision or modification to the grinder
pump and all appurtenances to it and the low-pressure system.
In the event the municipality or the Authority
elects to perform the property owner's obligations contained in this
article or any agreements entered into by the property owner and the
municipality or the Authority, the municipality and/or the Authority
shall charge the property owner the cost incurred by the municipality
or the Authority in performing the property owner's obligations hereunder
or in any subsequent agreements, and the property owner shall reimburse
the municipality and/or the Authority for all such costs.
In the event of the property owner's failure
to perform under this article or any subsequent agreements resulting
herefrom, the municipality and/or the Authority shall have the right
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 municipality and/or
the Authority shall also have the right to file a lien against the
property to secure to the municipality and/or the Authority any reimbursement
of costs due to them.
In addition to any other remedies provided in this article, any violation of §§ 135-21 and 135-22 above shall constitute a nuisance and shall be abated by the municipality or the Authority by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All such rules and regulations adopted by the
Authority to effectuate this article shall be in conformity with the
provisions herein, all other ordinances of the municipality and all
applicable laws and applicable rules and regulations of administrative
agencies of the Commonwealth of Pennsylvania.
