[HISTORY: Adopted by the Board of Commissioners of the Township of
Hatfield 2-22-2006 by Ord. No. 550. Amendments
noted where applicable.]
The purpose of this chapter 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
chapter is necessary for the protection, benefit and preservation of the health,
safety and welfare of the inhabitants of this Hatfield Township.
Unless the context specifically and clearly indicates otherwise, the
meaning of terms used herein shall be as follows:
Hatfield 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 to 750.20a ("Sewage Facilities
Act" or "Act 537").
The Hatfield Township Municipal 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.
Hatfield Township, Montgomery County, Pennsylvania, a First-Class
Township having an address of 1950 School Road, Hatfield, PA 19440.
Any parcel of real estate located within Hatfield 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.
Those approvals required by the Sewage Facilities Act, ordinances
of Hatfield Township and/or regulations of the Authority prior to discharging
sewage (as defined herein) into the Authority's sanitary sewer system,
and may include the following:
OFFICIAL PLAN REVISIONA change in the Hatfield 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, subject to those exemptions contained in 25 Pa.Code 71.51(b).
UPDATE REVISIONA comprehensive revision to the Act 537 Plan required when the Department or Hatfield Township determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of Hatfield Township or its residents or landowners.
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.
REVISION FOR NEW LAND DEVELOPMENTA 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 Hatfield 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 to 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 receiving planning approval from the Authority, Hatfield
Township and the Department. All existing improved properties containing a
grinder pump prior to the passage of this chapter are exempt from the provisions
contained herein.
A.
The Authority is hereby authorized and empowered to enforce
the provisions of this chapter and to adopt such rules and regulations concerning
sewage which it may deem necessary from 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.
Hatfield 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 chapter.
B.
Hatfield Township shall require any utilization of grinder
pumps to comply with this chapter and the specific obligations relating to
maintenance agreements for grinder pumps, as well as any other applicable
regulations and/or agreements.
C.
Prior to granting a use and occupancy certificate, Hatfield
Township shall require each property owner proposing to install a sewage grinder
pump or low-pressure sewage system to produce an executed maintenance agreement
for the grinder pump in a form satisfactory to the Township Solicitor. The
agreement will acknowledge, among other things, that the property owner has
been made aware of and will comply with this chapter and will assure the short-
and long-term operation, maintenance, use, service, repair and/or replacement
of such systems. Further, the relevant agreement shall permit and empower
the Authority (and, in the alternative, the Township, at and within its sole
discretion) to take any and all steps necessary in order to enforce property
owners' obligations under the maintenance agreement and to enter judgment
and lien the subject property for reimbursement of all costs and expenses
related thereto.
D.
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, regulations
and standard specifications concerning grinder pumps of the Authority and
Hatfield Township which may be in effect from time to time.
E.
The Authority shall require a permit for the installation
of all grinder pumps and low-pressure sewer systems connected to the Authority's
sewage collection and conveyance system.
F.
The Authority shall review the type of grinder pump used
and assure that the property owner has provided documentation that grinder
pump maintenance service is available locally and on short notice.
G.
Hatfield Township 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 using 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 Authority 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
planning approval, 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 Recording 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 maintenance agreement or 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 the Authority for any
revision or modification to the grinder pump and all appurtenances to it and
the low-pressure system.
In the event Hatfield Township or the Authority elects to perform the
property owner's obligations contained in this chapter or any agreements
entered into by the property owner and Hatfield Township or the Authority,
Hatfield Township and/or the Authority shall charge the property owner the
cost incurred by Hatfield Township or the Authority in performing any of the
property owner's obligations, and the property owner shall reimburse
Hatfield Township and/or the Authority for all such costs within 30 days after
such costs are billed.
In the event of the property owner's failure to perform under this
chapter or any subsequent agreements resulting herefrom, Hatfield Township
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 chapter or any subsequent agreement resulting herefrom. Hatfield
Township and/or the Authority shall also have the right to file a lien against
the property to secure to Hatfield Township and/or the Authority any reimbursement
of costs due to them.
In addition to any other remedies provided in this chapter, any violation of §§ 156-5 and 156-6 above shall constitute a nuisance and shall be abated by Hatfield Township or the Authority 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 Authority to effectuate this
chapter shall be in conformity with the provisions herein, all other ordinances
of Hatfield Township, and all applicable laws, and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
