[Added 7-17-2013 by Ord. No. 2269-13]
The purpose of this article is to reduce the amount of fats,
oils and grease ("FOG") entering the Township of Cheltenham ("Township")
wastewater collection system in order to comply with the Clean Water
Act of 1977 and general pretreatment regulations (40 CFR, Part 403).
This article provides for the regulation of FOG contributors to publicly
owned treatment works ("POTW") through the issuance of permits, inspections,
sampling and enforcement. The requirements within this article shall
be applied to, but not be limited to, all food processing facilities
within the Township that discharge wastewater to be treated by the
POTW. The requirements within this article shall also be applied to
residential users within the Township that discharge wastewater to
the POTW and that contribute FOG to the Township's sewage collection
system.
The following terms and phrases shall have the designated meanings
in the context of this article:
Days shall be considered as calendar days unless otherwise
specified.
Fats, oils and grease created as byproducts of cooking.
The Township POTW Superintendent or a duly authorized agent
responsible for the enforcement of this article.
A report supplied to FOG Administrator by the producer within
five days of a FOG overflow explaining the cause of the overflow,
steps taken to contain and clean up the overflow, and measures taken
to prevent the overflow from occurring again.
An apparatus located inside the structure that collects and
contains the fats, oils and grease and removes a significant portion
of them from the wastewater to be discharged.
Notice of violation; a written notice specifically citing
the nature of the violation and a specified time frame for correction.
An apparatus located outside the structure that collects
and contains the fats, oils and grease and removes a significant portion
of them from the wastewater to be discharged.
A discharge of FOG from a grease trap or interceptor into
the POTW in a concentration greater than 100 mg/l or in the form of
visible masses detrimental to the POTW.
Publicly owned treatment works, including the Township wastewater
collection and conveyance system.
Any commercial or public facility or private residential
property that is connected to the Township POTW and that produces,
directly or indirectly, wastewater containing FOG in a concentration
greater than defined in the general regulations of this article. The
term "producer" shall include the owner, the lessee, if any, as well
as all employees and agents of such owner and any lessee operating
any commercial or public facility or residing at any private residential
property which is connected to the Township POTW and which produces,
directly or indirectly, wastewater containing FOG in a concentration
greater than that defined in the general regulations of this article.
Commercial facilities include, but are not limited to, restaurants,
schools, private clubs, delis, churches and day-care centers. Producers
shall be classified as follows:
[Amended 6-20-2018 by Ord. No. 2372-18]
CLASS 1 PRODUCERAny producer who has an oil and grease interceptor on the sewer line.
CLASS 2 PRODUCERAny producer who has a grease trap.
CLASS 3 PRODUCERAny residential producer.
The following regulations apply to all producers contributing
to the Township POTW:
A.
All Class 1 and 2 producers must have a FOG permit in order to discharge
to the POTW. The FOG Administrator shall receive all FOG permit applications.
All Class 1 and 2 producers are required to renew their permit annually.
B.
At no time shall a producer discharge, or cause to be discharged,
any quantity of FOG to the POTW that exceeds the discharge limitation
of 100 mg/l. At the discretion of the FOG Administrator, sampling
by the Township of the producer's discharge may occur when the
FOG Administrator has evidence that indicates the producer may not
be complying with the requirements of this article. All Class 1 producers
shall be responsible for providing an adequate sampling port on their
grease interceptors.
C.
The producer is responsible for cleaning and/or having the oil and
grease interceptor or grease trap cleaned on a regular basis so as
not to discharge fats, oils and grease to the POTW that exceed the
discharge limitation of 100 mg/l. The frequency of cleaning at a minimum
shall be in accordance with the "25% rule," as determined by the FOG
Administrator and directed in the FOG permit. The "25% rule" requires
that the depth of oil and grease (floating and settled) in an interceptor
or trap shall not be equal to or greater than 25% of the total operating
depth of the interceptor or trap. The operating depth of an interceptor
or trap is determined by measuring the internal depth from the outlet
water elevation to the bottom of the interceptor or trap. In application
of this rule, the cleaning frequency shall also be determined by the
size of the interceptor and inspection of the sewer lines. The Class
1 producer shall empty and clean the grease interceptor as often as
is necessary to prevent overflowing of FOG into the POTW.
D.
Existing producers which currently have an internal grease trap shall
be required to clean and maintain that trap in an efficient manner.
The following are prohibited to be discharged to an internal grease
trap:
(1)
Wastewater with a temperature greater than 140° F.
(2)
Acid or caustic trap cleaners. This may include enzymes and/or degreasers
which liquefy the fats, oils and grease and allow them to pass from
the grease trap and deposit in the POTW lines. Therefore, all enzymes
and degreasers must be approved by the FOG Administrator or duly authorized
representatives.
E.
An existing producer's FOG prevention procedures may be evaluated
at any time by the FOG Administrator. If the FOG Administrator determines
a producer requires a grease interceptor, the producer shall have
a maximum of 45 days to install a properly sized grease interceptor
by a qualified installation company.
F.
Newly built Class 1 producers or renovated existing Class 1 producers
shall install a properly sized oil and grease interceptor on the sewer
line from the facility. The oil and grease interceptor shall be approved
by the FOG Administrator. The oil and grease interceptor shall have
the following design features (as a minimum): a tee inlet in which
one tee branch extends a minimum of one foot below the liquid level,
an outlet tee with a minimum submergence of 2/3 of the liquid depth,
a baffle to separate the trap into two compartments, and two manhole
access ways for inspection of the inlet and outlet tees. The interceptor
shall have cleanouts and shall be located with easy access for pumpout
and inspection. The producer may present alternative designs to the
FOG Administrator. The FOG Administrator reserves the right to approve
or reject the alternative design.
G.
All producers may be inspected by the FOG Administrator at his or
her discretion. The FOG Administrator has the authority to access
and inspect any oil and grease interceptor or grease trap. The FOG
Administrator shall give adequate notice to all Class 3 producers
prior to inspection on their property.
H.
Overflowing an oil and grease interceptor on the sewer line or on
the sink discharge line is strictly prohibited. In such case, the
producer shall be responsible for the subsequent containment, cleanup
and disposal of the overflow material as well as its expense. It is
the responsibility of the producer to immediately notify the Township
FOG Administrator of the incident. The notification shall include
the location of the overflow, the type of material, the volume and
corrective actions. Within five days of the overflow, the producer
shall submit to the Township a detailed written report describing
the cause of the overflow, steps taken to contain the overflow, steps
taken to prevent it from occurring again and the cleanup of the overflow.
I.
Class 1 and Class 2 producers must keep on site a current grease
interceptor and grease trap cleaning log. Included on the cleaning
log shall be the following information: date, time, who did the cleaning,
volume of waste disposed of, location of disposal, and manifest if
done by an outside hauler. Permit renewals shall require submission
of the prior year's cleaning log.
J.
The Township reserves the right to inspect a connected residential
user(s) of the POTW if evidence within the POTW indicates that a significant
buildup of FOG is occurring within proximity of the residential user(s)
and that such evidence cannot be attributed to Class 1 or 2 producers.
Sampling will occur at the residential lateral cleanouts whenever
possible.
K.
All producers are prohibited from pouring, dumping or otherwise introducing
any FOG into the Township stormwater sewer system.
[Added 6-20-2018 by Ord.
No. 2372-18]
C.
All permit fees are the responsibility of the producer and must be
paid within 30 days. Bills remaining unpaid after the due date will
be charged additional interest at the rate of 6% per annum. Producers
with unpaid permit fees shall be prohibited from obtaining any further
annual permit renewals.
D.
Any change in the rate and/or fees charged shall be made by a resolution
adopted by the Township of Cheltenham Board of Commissioners.
A.
The Township shall suspend any FOG permit held by a producer if the
producer does not adhere to the requirements of this article. Once
the permit is suspended, the producer shall not discharge to the POTW
until the permit is reinstated. The permit shall remain suspended
until the producer demonstrates proof that the noncompliance was eliminated.
C.
Should the FOG inspectors need to sample any producer, the producer
shall be responsible for the costs required for the analytical laboratory
to perform the analysis of the sample. Payment must be paid within
30 days of the date on which the FOG Administrator mails a bill to
the producer. Bills remaining unpaid after such thirty-day period
will be charged interest at the rate of 6% per annum.
D.
Any costs incurred by the Township for cleaning the producer's
FOG from the POTW and/or penalties, fines or other costs incurred
by the Township for the producer's FOG shall be the responsibility
of the producer. Payment must be paid within 30 days of the date on
which the FOG Administrator mails a bill to the producer. Bills remaining
unpaid after such thirty-day period will be charged interest at the
rate of 6% per annum.
In addition to all other remedies available to it, the Township shall have the right to issue a NOV(s) and/or impose a monetary penalty(ies), as hereinafter set forth in § 238-33, for a violation of any requirements of this article. The following factors shall be considered in imposing any and all monetary penalties:
A.
Damage to the air, water and land of the Township and surrounding
townships.
B.
Damage and/or harm to the POTW and/or its personnel.
C.
Past violations and compliance history.
D.
The producer's willingness and efficiency to comply; response
to the NOV in a timely manner; notification to the Township; and quick,
effective corrective action to eliminate the noncompliance.
E.
Magnitude of the violation.
The following is a schedule of violations and maximum penalties
to be assessed. Payment must be paid within 30 days of the date on
which the FOG Administrator mails a bill to the producer. Bills remaining
unpaid after such thirty-day period will be charged interest at the
rate of 6% per annum.
A.
Failure to clean oil and grease interceptor/grease trap (first offense):
NOV.
B.
Failure to clean oil and grease interceptor/grease trap (second offense)
according to schedule: NOV plus a penalty of up to $250.
C.
Failure to clean oil and grease interceptor/grease trap (third offense
and thereafter) according to schedule: NOV plus a penalty of up to
$500 for every day the cleaning is not completed.
D.
Failure to clean oil and grease interceptor/grease trap four or more
times within a twelve-month time period: NOV plus a penalty of up
to $1,000 and the revocation of the producer's permit.
E.
Failure to keep and maintain cleaning log with necessary hauling
manifests (first offense): NOV plus a penalty of up to $100.
F.
Failure to keep and maintain cleaning log with necessary hauling
manifests (second offense): NOV plus a penalty of up to $200.
G.
Failure to keep and maintain cleaning log with necessary hauling
manifests (third offense and thereafter): NOV plus a penalty of up
to $300.
H.
Failure to keep and maintain cleaning log with necessary hauling
manifests four or more times within a twelve-month time period: NOV
plus a penalty of up to $500 and the revocation of the producer's
permit.
I.
Overflow of oil and grease interceptor/grease trap: NOV plus a penalty to be assessed by factors set forth in § 238-32, plus the violator will be liable for the entire cost of cleanup of site.
J.
Failure to notify FOG Administrator of overflow immediately: NOV
plus a penalty of up to $1,000. Within five days, an overflow report
must be submitted to the FOG Administrator.
K.
Failure to submit FOG overflow report within five days to FOG Administrator:
NOV plus a penalty of up to $250.
L.
Deliberately pouring FOG into the sewer system, including pouring
anything that will wash out the oil and grease interceptor/grease
trap: NOV plus a penalty of up to $5,000.
M.
Discharging more than 100 mg/l of fats, oil and grease: NOV plus
a penalty of up to $100.
[1]
Editor's Note: Ordinance No. 2269-13 also provided the following clause regarding additional remedies: "Any producer which refuses or fails to comply with any of the provisions of this article, in addition to the enforcement proceedings, fines, and penalties set forth in Sections § 238-31, § 238-32, and § 238-33 may suffer discontinuance of water service and/or shall be subject to all other remedies available to the Township at law, or in equity, or both. Each owner of a regulated facility shall be deemed to have joint and severable liability and responsibility under the provisions of this Ordinance."
The FOG Administrator shall have the power to establish additional
appropriate rules and regulations for the administration and enforcement
of the provisions of the FOG Program.
