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Township of Upper Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 11-15-2004 by Ord. No. 447]
The following words, terms and phrases, as used in this article, shall have the following meanings given herein. When not inconsistent with the context, words used in the singular include the plural, words in the plural include the singular, and words used in the present tense include the future. The word "shall" is always mandatory.
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. §§ 750.1-750.20a ("Sewage Facilities Act" or "Act 537").
AUTHORITY
An 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.)
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 a fine slurry, and pumping this material through a small diameter discharge.
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.
MUNICIPALITY
The Board of Supervisors of Upper Providence Township, Montgomery County, Pennsylvania.
MUNICIPAL AUTHORITY
The Upper Providence Township Municipal Authority.
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 or entity 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 Streams Law, 35 P.S. §§ 691.1-691.1001, 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 an Official Plan Revision to the Township's Act 537 Plan, approved by both the Township and the Department, designates that the proposed properties be served by such a connection.
The Township is 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. The Township is authorized and empowered to take such other actions as are necessary, including without limitation entering into agreements with property owners that assure proper operation and maintenance of sewage facilities within the Township's boundaries, including without limitation sewage grinder pumps and any associated force mains or low-pressure laterals.
A. 
The 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. 
The Township may 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.
C. 
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 Township.
D. 
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 Township and the Municipal Authority.
E. 
The Township shall maintain control over the type of grinder pumps used and assure that full service capability is available locally on short notice.
F. 
The Township shall bear no responsibility whatsoever for the purchase, installation, use, operation, maintenance, service, repair or replacement of the grinder pump and/or its low-pressure force main or lateral, or any of their component parts, 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 or 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 without limitation 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 property owners, they shall submit to the 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 system, which agreement shall bind all future property owners. Following the approval of the low-pressure system by all applicable governmental entities, the Township will not issue a permit for its installation until evidence is presented that such agreement has been recorded in the Office of the Recorder of Deeds in and for Montgomery County, Pennsylvania.
In addition to any other remedies provided in this chapter, any violations of §§ 143-34 and 143-35 hereof 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 such rules and regulations adopted by the Township to effectuate this article shall be in conformity with the provisions hereof and all other ordinances of the Township and all applicable laws and applicable rules and regulations of the administrative agencies of the Commonwealth of Pennsylvania.