[Adopted 7-13-2004 by Ord. No. 156; amended
in its entirety 10-18-2021 by Ord. No. 250]
The purpose of this article is to establish procedures for the
installation, use and maintenance of private sewage pump stations
and 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 New Garden Township.
Unless the context specifically and clearly indicates otherwise,
the meaning of terms used in this article shall be as follows:
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 to § 750.20a
("Sewage Facilities Act" or "Act 537").
The Pennsylvania Department of Environmental Protection.
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 a fine
slurry, and pumping this material through a small diameter discharge.
Any property within New Garden 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.
New Garden Township, Chester County, Pennsylvania.
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.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the municipality.
An off-site publicly operated system in which sewage is conveyed
to a publicly operated plant for treatment and disposal through means
approved by the Pennsylvania Department of Environmental Protection,
within a franchise area, as administered by Township, a municipal
authority, or a public utility.
The structures, pump(s), pump controls, wet/dry well, meters,
flow recorders and any and all associated electrical connections,
piping, valving, force main laterals and appurtenances that connect
a pump station to public sewage facilities. Such term shall not include
a grinder pump serving a single-family residential dwelling. The pump
station shall serve only those structures on the improved property
on which it is constructed.
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
to § 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 private
sewage pump stations or 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.
A.
New Garden Township 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.
B.
New Garden Township 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 New Garden Township borders,
including, but not limited to, private sewage pump stations and grinder
pumps and any associated force mains or low-pressure laterals.
A.
New Garden Township shall exercise its powers and legal authority
set forth herein, and under all applicable statutes, ordinances, and
other laws to effect the purposes of this article.
B.
New Garden Township may enter into an agreement with each property
owner proposing to install or who has installed a private sewage pump
station, a 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, but the absence of such agreement
shall not impact or diminish a property owner's duties and obligations
hereunder.
C.
All private sewage pump stations, 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 New Garden Township and the owner of the public
sewage system in effect from time to time.
D.
All private sewage pump stations, 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 New Garden
Township and the owner of the public sewage system in effect from
time to time.
E.
New Garden Township and the owner of the public sewage system shall
maintain control over the type of pump stations and grinder pumps
used.
F.
New Garden Township shall bear no responsibility for the purchase,
installation, use, operation, maintenance, service, repair, or replacement
of the pump station, grinder pump and/or its low-pressure force main
or lateral, except as otherwise set forth herein.
A.
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.
B.
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.
C.
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 one day.
D.
Where the low-pressure force main or lateral is shared between or
among property owners, they shall submit to New Garden Township 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, 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, New Garden Township
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, Chester County, Pennsylvania.
In addition to any other remedies provided in this article, any violation of §§ 152-43 and 152-44 above shall constitute a nuisance and shall be abated by New Garden Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction, including, but not limited to, the initiation of proceedings for summary enforcement under Section 1601(c.1)(2) of the Second Class Township Code. Any violation of the article shall subject the property owner to a fine not in excess of $1,000, plus court costs. Each day a violation continues to exist shall constitute a separate offense.
All such rules and regulations adopted by New Garden Township
to effectuate this article shall be in conformity with the provisions
herein, all other ordinances of New Garden Township, and all applicable
laws, and applicable rules and regulations of administrative agencies
of the Commonwealth of Pennsylvania.
