[Adopted 12-7-2005 by Ord. No. 111]
The purpose of this article is to establish procedures for the installation, use and maintenance of 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.
[1]
Editor's Note: Former § 95-42, Definitions, as amended, was repealed 9-7-2016 by Ord. No. 145. See now Art. VI, Definitions.
The connection of any property to any sewage system through the use of grinder pumps, their associated force mains, or low-pressure laterals shall occur only after an official plan revision to the municipality's Act 537 Plan, approved by both the municipality and Department, designates that the proposed properties be served by such a connection.
The Authority is hereby authorized and empowered to adopt such rules and regulations concerning sewage which it may deem necessary from time to time to effect the purposes herein. 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 municipality's borders, including, but not limited to, grinder pumps and any associated force mains or low-pressure laterals.
A. 
The Authority may 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.
B. 
The Authority may enter into an agreement with each property owner proposing to install or who has installed a 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. 
All grinder pumps and low-pressure sewer systems (and the connection to sewage collection and conveyance systems, 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 be authorized to maintain control over the type of grinder pumps used and assure that full service is available locally on short notice.
E. 
The Authority or municipality shall bear no responsibility for any purchase, installation, use, operation, maintenance, service, repair, or replacement of any grinder pump and/or its low-pressure force main or lateral, except as otherwise set forth herein.
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.
A. 
The owner of each property served by a grinder pump shall have full responsibility for using the pump consistent with the manufacturer's instructions and shall avoid introducing into the sewerage system materials that may damage the impellers on the pump, including, but not limited to, items designated as biodegradable in septic tanks.
B. 
The owner of each property served by a grinder pump shall cease operations, such as the use of any sink, shower, washing matching, dishwasher, garbage disposal, toilet or any appliance that discharges water into the sewer system, during any period when the grinder pump and/or low-pressure system serving a property is inoperable for more than 48 hours.
C. 
Where the use and/ownership of a low-pressure force main or lateral is shared by property owners of separate properties, 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 a 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 Recording of Deeds, Delaware County, Pennsylvania.
In addition to any other remedies provided to the Authority by this article or otherwise available under the law, any violation of §§ 95-44 and 95-45 above shall constitute a nuisance and may be abated by 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.