[Ord. 37, 5/25/1978, § I; as amended by Ord. 2008-09,
6/3/2008]
Unless the context specifically indicates otherwise, the meaning
of the terms used in this Part shall be as follows:
- ACT 537
- The Plumstead Township Official Plan, as defined in the Pennsylvania Sewage Facilities Act, Act of January 24, 1966, P.L. 135 (1965), No. 537, as amended, 35 P.S. § 750.1 through 750.20a ("Sewage Facilities Act" or "Act 537").
- AUTHORITY
- The Bucks County Water and Sewer Authority.
- AUTHORITY ENGINEER
- An engineer employed by the Authority or an authorized member of his staff.
- DEPARTMENT
- The Pennsylvania Department of Environmental Protection.
- GRINDER PUMP
- Any electric-motor-driven, submersible pump capable of macerating all material found in normal domestic sanitary sewage, including but not limited to 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.
- IMPROVED PROPERTY
- Any property within Plumstead 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.
- OCCUPIED BUILDING
- Each single dwelling unit, household unit, flat or apartment unit, store, shop, office, business, commercial or industrial unit, or family unit contained within any structure erected and intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and industrial wastes, or either thereof, is or may be discharged, located in the Township.
- OFFICIAL PLAN REVISION
- A change in Plumstead Township's Act 537 Plan to provide for additional or newly identified future or existing sewage facility's needs, as defined fully in Section 1 of the Sewage Facilities Act, 35 P.S. § 750.1.
- PERSON
- Any individual, firm, company, association, society, corporation or group.
- PROPERTY OWNER
- Any person, combination of persons, corporation, partnership, limited liability company, limited liability partnership, or a combination thereof, trust, or any other entities vested with ownership, legal or equitable, sole or partial, of any property located in Plumstead Township.
- SANITARY SEWER
- A sewer which is part of the sewer system and which carries sanitary sewage and/or treated industrial wastes and to which storm-, surface and ground waters are not intentionally admitted.
- SEWAGE
- Any combination of water-carried wastes from residences, buildings, industrial establishments, institutions, manufacturing plants, processing plants, commercial establishments or other places in which such wastes are produced, together with such ground-, surface, storm or other water as may be present.
- TOWNSHIP
- The Township of Plumstead, Bucks County, Pennsylvania.
[Ord. 37, 5/25/1978, § II; as amended by Ord. 41,
10/19/1978, § I]
1.
It shall be unlawful for any owner of property who is required to connect to the sewer system pursuant to Subsection 2 below to construct or maintain any privy, privy vault or cesspool or septic tank, intended or used for the disposal of sewage within the Township.
2.
Each owner of any occupied building situate on property abutting
on any street, alley or right-of-way in which there has been constructed
a sanitary sewer and where any part of such building is within 150
feet of said sewer shall, at his own expense, install suitable sanitary
facilities therein and connect such facilities directly with such
sewer in accordance with the provisions of this Part within 60 days
after the date of official notice to do so, given in the manner provided
by law. In the event that any such owner shall refuse or neglect to
so connect within said sixty-day period, he shall be deemed to be
in violation of this Part, and the Board of Supervisors of the Township
or the Authority or their agents may enter upon such property and
construct such connection. In such case, the Board of Supervisors
shall forthwith, upon completion of the work, send an itemized bill
for the cost of the construction of such connection to such owner,
which bill shall be payable forthwith. In case of neglect or refusal
by such owner to pay said bill within 30 days thereafter, it shall
be the duty of the Board of Supervisors to file municipal liens. Notwithstanding
the foregoing provisions, no owner of an occupied building shall be
required to connect such building to a sanitary sewer if the Authority
determines that connecting such building would result in an overloading
of sewage treatment facilities.
3.
Application for Connections.
A.
Each owner of any property to which Subsection 2 above applies shall forthwith make application in writing to the Authority, in such form as may be prescribed by the Authority Engineer, for a permit to make the required connection to the sanitary sewer.
B.
The Township hereby imposes upon all owners of property connected
to the sewer system on or subsequent to October 1, 1978, a connection
charge of $150 for each connection of six inches or less and a connection
charge of $250 for each connection of greater than six inches. Said
charge shall be payable to the Authority at the time the applicant
files with the Authority for his application for a connection permit.
C.
In consideration of the undertaking to own, operate and maintain
the sewer system, the Township hereby transfers and assigns all of
its right, title and interest in and to such connection charge to
the Authority.
D.
Upon submission of the above-mentioned application and payment of
a connection charge in the applicable amount set forth above and payment
of a tapping fee or fees in accordance with the then-applicable Authority
resolution with respect to tapping fees, the applicant shall be entitled
to a permit to make such connection in accordance with such rules
and regulations as may be promulgated by the Authority from time to
time.
4.
All connections made to any sanitary sewer shall be constructed in
compliance with standard rules and regulations adopted by the Township
governing the making of connections.
[Ord. 37, 5/25/1978, § III]
Bucks County Water and Sewer Authority is hereby designated
and appointed as the agent of the Township for the purpose of adopting
or promulgating rules and regulations for the use of the sewer system
and connection thereto and applications for permits required under
the provisions of this Part designating place of connection and carrying
out all inspections, observations, measurements, samplings and testing
required or permitted hereunder.
[Ord. 37, 5/25/1978, § IV]
The Authority Engineer and other duly authorized employees or
agents of the Authority, bearing proper credentials and bearing proper
identification, shall be permitted to enter upon all properties for
the purposes of inspection, observation, measurement, sampling and
testing, in accordance with the provisions of this Part.
[Ord. 37, 5/25/1978, § V; as amended by Ord. 97-4-15,
4/15/1997; and by Ord. 2004-07, 12/7/2004, § 1]
1.
Any person who shall violate any provision of this Part other than § 18-303 shall be served by the Authority with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof (the notice provided in § 18-302, Subsection 2, above being deemed to be notice of a violation for this purpose in respect of violations of such Section). The offender shall, within the period of time (if any, otherwise forthwith) stated in such notice, permanently cease all violations.
2.
Any person who shall continue any violation beyond the time limit fixed as provided for in Subsection 1, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues and each Section of this Part which shall be found to have been violated shall constitute a separate offense.
3.
All fines and penalties imposed for violation of any provision of
this Part shall be paid to the Authority for deposit in the Authority's
Sewer Revenue Fund. Default in payment of the fine and costs shall
make the defendant liable to imprisonment for a term not to exceed
90 days.
4.
Any person violating any of the provisions of this Part, in addition
to becoming liable for a fine and penalty, shall become liable to
the Authority for any expense, loss or damage occasioned by the Authority
by reason of such violation.
[Ord. 37, 5/25/1978, § VI]
This Part shall take affect, without notice or further action
by the Board of Supervisors or any other party, simultaneously with
the delay of the above-mentioned deeds of conveyance of the project
in the Office for Recording of Deeds in and for the County of Bucks.
[Ord. 2008-09, 6/3/2008]
The connection of existing properties or proposed new land developments
to an existing or proposed sewage system through the use of sewage
grinder pumps, their associated force mains, or low-pressure laterals
shall occur only after an Official Plan revision to the Township's
Act 537 Plan, as approved by Plumstead Township and the Pennsylvania
Department of Environmental Protection, and when the development designates
that the proposed properties be served by such connection.
[Ord. 2008-09, 6/3/2008]
The Authority and the Township are hereby authorized and empowered
to adopt such rules and regulations concerning sewage which they may
deem necessary from time to time to affect the purposes herein. The
Authority and the Township are further authorized and empowered to
take such 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 Plumstead Township's
borders, including but not limited to sewage grinder pumps and any
associated force mains or low-pressure laterals.
[Ord. 2008-09, 6/3/2008]
1.
The Authority and the Township shall exercise their powers and legal
authorities set forth herein and under all applicable statutes, ordinances
and other laws to effect the purposes of this Part.
2.
The Authority and the Township may enter into an agreement with each
property owner proposing to install or who has installed a sewage
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.
3.
All grinder pumps and low-pressure sewer systems (and the installation,
use, operation, maintenance, service, repair and replacement thereof)
shall comply with the rules and regulations of the Authority and Township
in effect from time to time.
4.
All grinder pumps and low-pressure sewer systems shall be connected
to the sewage collection and conveyance system in full compliance
with the rules and regulations of the Authority and the Township in
effect from time to time.
5.
Neither the Authority nor the Township shall bear any 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.
[Ord. 2008-09, 6/3/2008]
1.
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.
2.
Each property owner 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 sewage system materials that
may damage the impellers on the pump, including but not limited to
items designated as biodegradable in septic tanks.
3.
Where the low-pressure force main or lateral is shared between property
owners, they shall submit to the Authority and the Township a Declaration
of Easements, Covenants and Restrictions in recordable form, setting
force the agreement of each benefited property owner with respect
to installation, use, operation, maintenance, service, repair and
replacement of the 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 and/or the Township
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, Bucks County, Pennsylvania.
[Ord. 2008-09, 6/3/2008]
In addition to any other remedies provided in this Part, any
violation of this Part above shall constitute a nuisance and shall
be abated by the Authority and the Township by either seeking mitigation
of the nuisance or appropriate equitable or legal relief from a court
of competent jurisdiction.
[Ord. 2008-09, 6/3/2008]
All such rules and regulations adopted by the Authority and
the Township to effectuate this Part shall be in conformity with the
provisions herein, all other ordinances or resolutions of the Authority
and the Township, and all applicable laws and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
