[Added 10-22-1991 by Ord. No. 189]
The purpose of this Part 7 is to establish procedures
for the use and maintenance of privately owned grinder pumps and it
is hereby declared that the enactment of this Part 7 is necessary
for the protection, benefit and preservation of the health, safety
and welfare of the inhabitants of this Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this Part 7
shall be as follows:
An electric motor-driven, submersible, centrifugal pump capable
of macerating all material found in normal domestic sanitary sewage,
including reasonable amounts of objects such as plastics, sanitary
napkins, disposal diapers, rubber and the like, to a fine slurry and
pumping this material through a small diameter discharge. The grinder
pumps shall be housed in a vented, watertight enclosure and the entire
assembly shall comply with applicable plumbing code requirements.
Any property within the Township upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings from which structure, sewage shall or may be
discharged.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Township.
Any individual, partnership, company, association, society,
corporation or other group or entity.
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 or for recreation.
The Township of West Whiteland, Chester County, Pennsylvania.
No person shall connect or cause to be connected
to the public sewer system of the Township any privately owned grinder
pump until the applicant or proposed owner has:
A.
Fully complied with this Part 7 and this chapter and all other ordinances and regulations of the Township;
B.
Fully complied with all applicable rules and regulations
of the Department of Environmental Protection and the Chester County
Department of Health; and
C.
Received prior written approval of the Township through
the issuance of a sewer connection permit.
The Township is hereby authorized and empowered
to adopt such rules and regulations concerning the installation, operation,
maintenance and service of privately owned grinder pumps which it
may deem necessary from time to time to effect the purposes herein,
provided said regulations will not conflict with the rules and regulations
of the Chester County Health Department and/or the Department of Environmental
Protection. All privately owned grinder pumps connected with the sewer
system shall be in full compliance with the rules and regulations
of the Township in effect from time to time.
All privately owned grinder pumps (and the installation,
operation, maintenance and service thereof) shall comply with the
technical specifications of the Township in effect from time to time.
The owner of an improved property that is served
by a privately owned grinder pump shall have the responsibility for
maintaining, operating, repairing and replacing privately owned grinder
pumps.
The Township shall have no responsibility for
the purchase, operation, repair or replacement of any privately owned
grinder pumps.
The proper officers, employees and agents of
the Township are authorized and directed to do all acts which may
be necessary and proper to implement and enforce this Part 7.
[Amended 6-10-1997 by Ord. No. 257]
Any person who violates or permits the violation
of any provision of this Part 7 shall be subject to a fine in the
amount of at least $25, but not to exceed $1,000, plus all court costs,
including reasonable attorney fees incurred by the Township. Each
twenty-four-hour period that a violation of this Part 7 continues
shall constitute a separate offense. Upon a finding of liability for
committing said violation, or permitting said violation, in a civil
enforcement proceeding commenced by the Township, the defendant shall
pay the fine plus costs and attorney fees. No judgment shall be imposed
until the date of determination of a violation by a District Justice.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure.
In addition to any other remedies provided in this Part, any violation of § 253-58 above shall constitute a nuisance and may be abated by the Township by any appropriate remedy authorized by law including, but not limited to, appropriate equitable or legal relief from a court of competent jurisdiction and/or the removal of said nuisance by the Township.
In the event the Township removes any nuisance
after the default of the owner to do so upon notice, the Township
shall collect the cost of such removal, together with such penalties
as prescribed below and attorneys fees and court costs, from the owner
by summary proceedings or in the manner provided for the collection
of municipal claims or by an action of assumpsit without the filing
of a claim. Removal costs shall be subject to a 10% penalty if not
paid within 30 days after they are due. If not paid within 60 days
after becoming due, the bill plus the penalty shall bear interest
from the due date at the rate of 1% per month or a fraction thereof
until paid. These penalties shall be concurrent with all other remedies,
legal and equitable, available to the Township for collection of said
costs including, but not limited to, municipal liens and assumpsit
remedies.
