[Adopted 11-23-2009 by Ord. No. 1-2009]
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 Pocopson Township.
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows:
DEPARTMENT
The Pennsylvania Department of Environmental Protection.
GRINDER PUMP
Any electric motor-driven, submersible, centrifugal 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.
IMPROVED PROPERTY
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.
MUNICIPALITY
Pocopson Township, Chester County, Pennsylvania.
OFFICIAL PLAN REVISION
A change in the municipality's Act 537[1] official plan to provide for additional, newly identified future or existing sewage facilities needs, which may include one or more of the following:
A. 
UPDATE REVISIONA comprehensive revision to an existing official plan required when the department or municipality determines the official plan or one or more of its parts is inadequate for the existing or future sewage facilities needs of the municipality or its residents or landowners.
B. 
SPECIAL STUDYA study, survey, investigation, inquiry, research report or analysis which is directly related to an update revision. The studies provide documentation or other support necessary to solve specific problems identified in the update revision.
C. 
REVISION FOR NEW LAND DEVELOPMENTA revision to the municipality's official plan resulting from a proposed subdivision as defined in the act.
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the municipality.
SEWAGE
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 may be amended from time to time.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
The connection of existing properties or proposed land development to an existing or proposed sewerage system through the use of sewage grinder pumps, their associated force mains, or low-pressure laterals shall only occur after an official plan revision to the municipality's Act 537 plan that designates the proposed properties to be served by a low-pressure system has been approved by both the municipality and the department.
A. 
The Board of Supervisors is hereby authorized and empowered to adopt such rules and regulations by resolution concerning sewage which it may deem necessary from time to time to effect the purposes herein.
B. 
The Board of Supervisors is hereby authorized and empowered to undertake within the municipality the control of procedures for the installation, use and maintenance of sewage grinder pumps and any associated force mains or low-pressure laterals.
A. 
All grinder pumps and low-pressure sewer systems (and the installation, operation, service and replacement thereof) shall comply with the rules and regulations of the municipality in effect from time to time.
B. 
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 municipality in effect from time to time.
C. 
The municipality shall maintain control over the type of pumps and force main components used so that full service capability is available locally and on short notice.
D. 
Each property owner served by a grinder pump shall have full responsibility for providing, maintaining, operating, repairing and replacing his grinder pump and/or its low-pressure force main or lateral.
E. 
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 sewerage system bulky paper or plastic materials that may damage the impellers on the pump, including items designated as biodegradable in septic tanks.
F. 
Each nonresidential property owner served by a grinder pump shall close the structure and cease operations during any period when the grinder pump and low-pressure system serving that structure is inoperable.
G. 
The municipality shall not have any responsibility for the purchase, operation, repair, maintenance or replacement of the grinder pump or its low-pressure force main or lateral.
H. 
Where the low-pressure force main or lateral is shared between property owners, they shall submit to the municipality, for its review and approval, not to be unreasonable withheld, 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 and maintenance 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 municipality will not issue a permit for its installation until evidence is presented that the agreement has been recorded in the Office of the Recorder of Deeds, Chester County, Pennsylvania.
In addition to any other remedies provided in this article, any violation of § 170-44 above shall constitute a nuisance and may be abated by the municipality, at its sole discretion, by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction. Failure by the municipality to act does not prohibit the municipality from doing so in the future.
All such rules and regulations adopted by the municipality 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.