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
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 through 750.20a
("Sewage Facilities Act" or "Act 537").
AUTHORITY
The Southwest Delaware County Municipal Authority of Aston,
Pennsylvania, or any other municipal authority as defined by the Municipality
Authorities Act of 2001 (2001, June 19, P.L. 287, No. 22, and as amended
thereafter, 53 Pa.C.S.A. § 5601 et seq.) or municipality
authorized by law to enact ordinances or adopt resolutions regarding
sewage conveyance, treatment and disposal in the Borough of Chester
Heights.
BOROUGH
The Borough of Chester Heights, Delaware County, Pennsylvania.
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 Borough of Chester Heights 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.
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 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 residential, business, institutional, industrial
or commercial 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 Streams Law, 35 P.S. §§ 691.1
through 691.1001, as amended.
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 the Borough, Authority and Department approve
such connections in an Official Plan Revision to the municipality's
Act 537 Plan or an exemption from sewage facilities planning, recognizing
such connection is approved by the Department. A connection may also
occur if the Department has determined that sewage facilities planning
is not required for the connection.
In the event that the Borough or Authority elects to perform
the property owner's obligations contained in this article or any
agreements entered into by the property owner and the Borough or Authority,
the Borough and/or the Authority shall charge the property owner the
cost incurred by the Borough or the Authority in performing the property
owner's obligations hereunder or in any subsequent agreements, and
the property owner shall reimburse the Borough and/or Authority for
all such costs.
In the event of the property owner's failure to perform under
this article or any subsequent agreements resulting therefrom, the
Borough and/or 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 article or any subsequent
agreement resulting herefrom. The Borough and/or Authority shall also
have the right to file a municipal lien against the property to secure
to the Borough and/or Authority any reimbursement of costs due to
them.
In addition to any other remedies provided in this article, any violation of §§
149-19 and
149-20 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.
All such rules and regulations adopted by the Borough to effectuate
this article shall be in conformity with the provisions herein, all
other ordinances of the Borough, and all applicable laws and applicable
rules and regulations of administrative agencies of the Commonwealth
of Pennsylvania.