[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Gwynedd 6-22-2010 by Ord. No. 473. Amendments noted where applicable.]
Sewers generally — See Ch. 1060.
The purpose of this chapter is to establish procedures for the installation, use and maintenance of sewage grinder pumps and any associated pressure laterals and all appurtenances thereto. It is hereby declared that the enactment of this chapter is necessary for the protection, benefit and preservation of the health, safety and welfare of the inhabitants of Lower Gwynedd Township.
Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this chapter shall be as follows:
- ACT 537 PLAN
- The Township's Official Plan as defined in the Pennsylvania Sewage Facilities 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 Lower Gwynedd Township Municipal Authority.
- The Pennsylvania Department of Environmental Protection.
- GRINDER PUMP
- An 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 a fine slurry, and pumping this material through a small one-and-one-half-inch minimum diameter discharge pressure lateral.
- IMPROVED PROPERTY
- Any property within the Township upon which there is erected a structure intended for either continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sewage shall or may be discharged.
- OFFICIAL PLAN REVISION
- 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.
- PROPERTY OWNER
- 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 Streams Law, 35 P.S. §§ 691.1 through 691.1001, as amended.
- Lower Gwynedd Township.
The connection of existing properties or proposed new land development to an existing or proposed sewage system through the use of sewage grinder pumps and their associated pressure laterals shall occur only after an official plan revision to the Township's Act 537 Plan, approved by both the Township and Department.
The Township/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 Township/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 Township's borders, including, but not limited to, sewage grinder pumps and associated pressure laterals.
The Township/Authority shall exercise its powers and legal authorities as set forth herein, and under all applicable statutes, ordinances, and other laws to effect the purpose of this chapter.
The Township/Authority shall review the type of grinder pump used and assure that the property owner has provided documentation that full service capacity is available locally on short notice in case of malfunction.
The Township/Authority shall require an agreement with each property owner proposing to install or who has installed a sewage grinder pump and pressure lateral to assure the short- and long-term operation and maintenance, use, repair or replacement of such systems.
The Township/Authority shall require that all grinder pumps and pressure laterals shall be connected to the sewage collection and conveyance system in full compliance with the rules and regulations of the Township, and that the installation, use, operation, maintenance, service, repair and replacement thereof shall comply with the rules and regulations of the Township in effect from time to time.
The Township and/or the Authority shall bear no responsibility for the purchase, installation, use, operation, maintenance, service, repair, or replacement of the grinder pump and/or its pressure 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 grinder pump and/or its pressure lateral, unless otherwise set forth herein.
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.
Each property owner served by a grinder pump shall close the sewage system and cease operations during any period when the grinder pump and/or pressure lateral serving a property is inoperable for more than seven days.
In the event that either the Township or the Authority elects to or is required to perform the property owner's obligations contained in this chapter or in any agreements entered into by the property owner and the Township/Authority, the Township/Authority shall charge the property owner the cost incurred by the Township/Authority in performing the property owner's obligations hereunder or in any subsequent agreements, and the property owner shall reimburse either the Township or the Authority for all such costs.
In the event of the property owner's failure to perform under this chapter or any subsequent agreements resulting herefrom, the Township/Authority shall have the right to pursue whatever legal or equitable remedy they shall deem appropriate, including, but not limited to, bringing an action for specific performance against the property owner to compel compliance with this chapter or any subsequent agreement resulting herefrom. The Township/Authority shall also have the right to file a lien against the property to secure to the Township/Authority any reimbursement of costs due to them.
In addition to any other remedies provided in this chapter, any violation of Sections 1065.05 and 1065.06 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 such rules and regulations adopted by either the Township or the Authority to effectuate this chapter shall be in conformity with the provisions herein, all other ordinances of Lower Gwynedd Township and all applicable laws, and applicable rules and regulations of administrative agencies of the Commonwealth of Pennsylvania.