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.
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.
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.