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 this municipality.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
ACT 537 PLAN
Marple 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. § 750.1-750.20a ("Sewage Facilities
Act" or "Act 537").
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 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 parcel of real estate located within Marple 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.
MARPLE TOWNSHIP
Marple Township, Delaware County, Pennsylvania, a First Class
Township have an address of 227 South Sproul Road, Broomall, PA 19008
OFFICIAL PLAN REVISION
A change in the Marple Township 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.
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.
UPDATE REVISIONA comprehensive revision to the Act 537 Plan required when the Department of Marple Township determines the official plan or one or more of its parts is inadequate for existing or future sewage facilities needs of the Township or its residents or landowners.
PROPERTY OWNER
Any person vested with ownership, legal or equitable, sole
or partial, of any property local in Marple Township.
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. § 691.1-691.1001,
as amended.
The connection of proposed new land development or a proposed
new improved property to an existing or proposed sewerage 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 Act 537 Plan, approved by both the Marple Township and the
Department, designates that the proposed properties be served by such
a connection. All existing improved properties containing a grinder
pump prior to the passage of this article are exempt from the provisions
contained herein.
In the event Marple Township elects to perform the property
owner's obligations contained in this article or any agreements
entered into by the property owner and the Township, the Township
shall charge the property owner the cost incurred by the Township
in performing the property owners obligations hereunder or in any
subsequent agreements, and the property owner shall reimburse the
Township for all such costs.
In the event of the property owners' failure to perform
under this article or any subsequent agreements resulting herefrom,
the Township shall have the right, but not the obligation to perform
property owner's obligations under this article and/or 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 article or any subsequent
agreement resulting herefrom. The property owner shall reimburse the
Township for all costs incurred by the Township in doing so, including
legal fees. The Township shall also have the right to file a lien
against the property to secure to the Township any reimbursement of
costs due to the Township.
In addition to any remedies provided in this article, any violation of §§
235-26 and
235-27 above, shall constitute a nuisance and may be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.