[Adopted 1-26-2009 by Ord. No. 674]
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 Exeter Township.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
The 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 through 750.20a
(Sewage Facilities Act or Act 537).
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 fine slurry, and pumping this material
through a small-diameter discharge.
The grinder pump and any associated force mains or low-pressure
laterals that connect the grinder pump to the Township's sewage collection
system.
Any property within the 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.
The Exeter Township, Berks County, Authority.[1]
A change in the Township's 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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the 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
through 691.1001, as amended.
Exeter Township, Berks County, Pennsylvania.
The connection of existing properties or a proposed new land
development to an existing or proposed sewer system through the use
of a grinder pump system shall occur only after an Official Plan revision
to the Township's Act 537 Plan approved by both the Township and Department,
unless the Township determines that an Official Plan revision to the
Township's Act 537 Plan is not required by law, designates that the
proposed properties be served by such a connection and the Township
issues a sewer permit authorizing such connection.
The Township and the Authority are hereby authorized and empowered
to adopt such rules and regulations concerning the use and maintenance
of grinder pump systems which they may deem necessary from time to
time to effect the purposes herein. The Township and the Authority
are hereby authorized and empowered to take such other actions as
are necessary, including, but not limited to, requiring property owners
to enter an agreement with the Township and/or the Authority to assure
proper operation and maintenance of grinder pump systems.
A.
The 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 article.
B.
The Township shall enter into an agreement with each property owner
who proposes to install or who has installed a grinder pump system
to assure the short-and long-term operation and maintenance, use,
service, repair or replacement of such system. The agreement shall
be in a form acceptable to the Township Solicitor and shall be recorded
in the office of the Recorder of Deeds in Berks County, Pennsylvania,
prior to the issuance of a sewer permit to connect the property to
the Township's sewage collection and conveyance system. The agreement
shall specify that the property owner is responsible for the short-
and long-term operation and maintenance, use, service, repair or replacement
of the grinder pump system. The agreement shall provide that if the
property owner fails to adequately maintain the grinder pump system,
the Township may enter the property served by such system and maintain
the same at the sole cost and expense of the property owner. All of
the Township's costs to maintain the grinder pump system, including
administrative fees and legal fees, shall constitute a lien against
the property until paid.
C.
All grinder pump systems (and the installation, use, operation, maintenance,
service, repair and replacement thereof) shall comply with the rules
and regulations of the Township and the Authority which are in effect.
D.
All grinder pump systems shall be connected to the Township's sewage
collection and conveyance system in full compliance with the rules
and regulations of the Township and the Authority which are in effect.
E.
The Township, or its designated agent, shall approve the design and
specifications for the type of grinder pump system used prior to the
installation of the same and the issuance of a sewer permit.
F.
The Township or its designated agent shall inspect and approve the
installation of the grinder pump system prior to it being covered.
G.
The Township and the Authority shall bear no responsibility for the
purchase, installation, use, operation, maintenance, service, repair,
or replacement of the grinder pump system, except as otherwise set
forth herein.
A.
Each property owner of a property served by a grinder pump system
shall bear full responsibility for providing, installing, using, operating,
maintaining, servicing, repairing and replacing his/her grinder pump
system.
B.
Each property owner of a property served by a grinder pump system shall enter into an agreement with the Township which imposes upon the property owner the duty of operating and maintaining the grinder pump system as further described in § 305-64B.
C.
Each property owner of a property served by a grinder pump system
shall have full responsibility for using the pump consistent with
the manufacturer's instructions and shall avoid introducing into the
Township's sewer collection system materials that may damage the pump,
including, but not limited to, items designated as biodegradable in
septic tanks.
D.
If a property is using an on-lot septic system prior to the installation
of the grinder pump system and connection to public sewer, the property
owner shall, within 90 days after the property owner connects his
property to the Township's sewage system, pump any tanks associated
with the on-lot septic system and have the tanks disinfected by a
licensed hauler. Verification that the tanks were pumped and properly
cleaned must be submitted to the Township. Once pumped and cleaned,
all associated tanks must be promptly filled using clean 2B stone.
The Township shall be notified a minimum of 24 hours in advance of
filling to allow for backfill inspections to be scheduled.
E.
Each property owner of a property which is served by a grinder pump
system shall immediately notify the Township of any alarm or other
notification that the grinder pump system is malfunctioning. If the
grinder pump system malfunctions or fails to operate as designed,
the property owner shall immediately cease all operations of the grinder
pump until it is repaired and/or replaced.
F.
Where the low-pressure force main or lateral is shared between property
owners, the low-pressure force main or lateral shall be owned by the
Municipal Authority and said property owners shall transfer ownership
by deed to the Municipal Authority. The Municipal Authority shall
have the duty to maintain, service, repair and replace the low-pressure
sewer system as may be necessary. Said deed of ownership shall be
recorded in the office of the Recorder of Deeds in Berks County, Pennsylvania.
In addition to any other remedies provided in this article, any violation of § 305-65 above shall constitute a nuisance and shall be abated by the Township 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 Township or Authority
to effectuate this article shall be in conformity with the provisions
herein, all other ordinances of the Township or resolutions of the
Authority, and all applicable laws, and applicable rules and regulations
of administrative agencies of the Commonwealth of Pennsylvania.
Any person who shall violate any provisions of this article,
as the same may now be or may hereafter be amended, or any order issued
by any Township official pursuant to the provisions of this article,
shall, upon summary conviction before an issuing authority having
jurisdiction thereof, be punished by a fine of not less than $100
and not more than $1,000 for each offense, plus costs and attorneys'
fees. Each separate building, each separate dwelling unit and each
separate discharge in respect to which a violation occurs shall be
deemed a separate offense.
