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 Caln Township.
Unless the context specifically and clearly
indicates otherwise, the meaning of terms used in this Ordinance shall
be as follows:
ACT 537 PLAN
The Township'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).
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.
GRINDER PUMP SYSTEM
The grinder pump and any associated force mains or low-pressure
laterals that connect the grinder pump to the Township's sewage collection
system.
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.
OFFICIAL PLAN REVISION
A change in the Township'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 property located in the 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
through 691.1001, as amended.
TOWNSHIP
Caln Township, Chester County, Pennsylvania.
The connection of existing properties or proposed
new land development to an existing or proposed sewer system through
the use of a grinder pump system shall occur only after an Official
Plan revision to the Township's Act 537 Plan, approved by both the
Township and Department, designates that the proposed properties be
served by such a connection and the Township issues a sewer permit
authorizing such connection.
The Township and the Authority are hereby authorized
and empowered to adopt such rules and regulations concerning the use
and maintenance of grinder pump systems which they may deem necessary
from time to time to effect the purposes herein. The Township and
the Authority are hereby authorized and empowered to take such other
actions as are necessary, including, but not limited to, requiring
property owners to enter an agreement with the Township and/or the
Authority to assure proper operation and maintenance of grinder pump
systems.
In addition to any other remedies provided in this article, any violation of §
128-34 above shall constitute a nuisance and shall be abated by the Township by either seeking mitigation of the nuisance or appropriate equitable or legal relief from a court of competent jurisdiction.
All rules and regulations adopted by the Township
or Authority to effectuate this article shall be in conformity with
the provisions herein, all other ordinances of the Township or resolutions
of the Authority, and all applicable laws, and applicable rules and
regulations of administrative agencies of the Commonwealth of Pennsylvania.
Any person who shall violate any provisions
of this article, as the same may now be or may hereafter be amended,
or any order issued by any Township official pursuant to the provisions
of this article, shall, upon summary conviction before an issuing
authority having jurisdiction thereof, be punished by a fine of not
less than $100 and not more than $1,000 for each offense, plus costs
and attorney fees. Each separate building, each separate dwelling
unit and each separate discharge in respect to which a violation occurs
shall be deemed a separate offense.