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
The 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 Lower Salford Township Authority.
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 municipality 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 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.
A.
UPDATE REVISION—A comprehensive revision
to the Act 537 Plan required when the Department or municipality determines
the official plan or one or more of its parts are inadequate for the
existing or future sewage facilities needs of the municipality or
its residents or landowners.
B.
SPECIAL STUDY—A 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.
REVISION FOR NEW LAND DEVELOPMENT—A revision
to the Act 537 Plan resulting from a proposed subdivision as defined
in the Act.
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 P.S. §§ 691.1
through 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 municipality
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 the municipality or the Authority
elects to perform the property owner's obligations contained in this
article or any agreements entered into by the property owner and the
municipality or the Authority, the municipality and/or the Authority
shall charge the property owner the cost incurred by the municipality
or the Authority in performing the property owner's obligations hereunder
or in any subsequent agreements, and the property owner shall reimburse
the municipality and/or the Authority for all such costs.
In the event of the property owner's failure
to perform under this article or any subsequent agreements resulting
herefrom, the municipality and/or the 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 municipality and/or
the Authority shall also have the right to file a lien against the
property to secure to the municipality and/or the Authority any reimbursement
of costs due to them.
In addition to any other remedies provided in this article, any violation of §§
135-21 and
135-22 above shall constitute a nuisance and shall be abated by the municipality or the Authority 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
Authority 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.