[Ord. 6-2010, 11/17/2010]
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.
[Ord. 6-2010, 11/17/2010]
Unless the context specifically and clearly indicates otherwise, the meaning of terms used in this article shall be as follows and integrated alphabetically:
ACT 537 PLAN
A municipality'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 — 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 property within Thornbury 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
Thornbury Township, Delaware County, Pennsylvania.
OFFICIAL PLAN REVISION
A change in the Municipality's Act 537 Plan to provide for additional or newly identified future or existing sewage facilities needs, as defined fully in § 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 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 PS §§ 691.1 — 691.1001, as amended.
[Ord. 6-2010, 11/17/2010]
The connection of existing properties or proposed new 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 occur only after an Official Plan revision to the Municipality's Act 537 Plan, approved by both the Municipality and Department, designates that the proposed properties be served by such a connection.
[Ord. 6-2010, 11/17/2010]
1. 
The Municipality 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.
2. 
The Municipality 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 Municipality's borders, including, but not limited to, sewage grinder pumps and any associated force mains or low-pressure laterals.
[Ord. 6-2010, 11/17/2010]
1. 
The Municipality shall exercise its powers and legal authority set forth herein, and under all applicable statutes, ordinances, and other laws to affect the purposes of this article.
2. 
The Municipality may but is not required to 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 Municipality 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 Municipality in effect from time to time.
5. 
The Municipality shall maintain control over the type of grinder pumps used and assure that full service capability is available locally on short notice.
6. 
Municipality shall bear no responsibility for the purchase, installation, use, operation, maintenance, service, repair, or replacement of the grinder pump and/or its low-pressure lateral, except as otherwise set forth herein.
[Ord. 6-2010, 11/17/2010]
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.
A. 
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 materials that may damage the impellers on the pump, including, but not limited to, items designated as biodegradable in septic tanks.
B. 
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 low-pressure system serving a property is inoperable for more than 90 days.
C. 
Where the low pressure force main or lateral is shared between property owners, they shall submit to the municipality a declaration of easements, covenants and restrictions in recordable form setting forth the agreement of each benefitted property owner with respect to the 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 Municipality 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, Delaware County, Pennsylvania.
[Ord. 6-2010, 11/17/2010]
In addition to any other remedies provided in this article, any violation of §§ 18-405 and 18-406 above shall constitute a nuisance and shall be abated by the Municipality by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
[Ord. 6-2010, 11/17/2010]
All such rules and regulations adopted by the Municipality to effectuate this article 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.