[Added 2-13-2017 by Ord. No. 519; amended 4-2-2018 by Ord. No. 522; 6-4-2018 by Ord. No. 523]
As used in this article, the following terms shall have the meanings indicated:
BOARD
The elected members of the Council of New Wilmington Borough, as now or hereafter constituted, and its duly authorized agents or representatives.
BOROUGH
The Borough of New Wilmington located in Lawrence County, Pennsylvania.
FATS, OILS AND GREASE (FOG)
Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
FIXTURES
Receptacles or devices that are permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; discharges the wastewater, liquid borne waste materials or sewage either directly or indirectly to the drainage system of the premises; or requires both a water supply connection and discharge to the drainage system of the premises.
FOG PRETREATMENT SYSTEM
FOG pretreatment system is the same as Grease Interceptor or Grease Trap.
FOOD PREPARATION FACILITY
Any food establishment in any building, room or place or any portion thereof or appurtenance thereto, where human food or drink is mixed, cooked or otherwise prepared, offered for sale, sold, served or given with or without charge to patrons, customers or guests for consumption on or off the premises; provided, however, that this does not include any mixing, cooking or other preparation and serving of food in single-family dwellings to the resident family or its guests.
GREASE INTERCEPTOR
An interceptor whose rated flow exceeds 35 gpm and which is located underground outside the building.
GREASE TRAP
An interceptor approved by the Borough whose flow rate is 35 gallons per minute (gpm) or less and which is located inside the building. Grease traps shall be rated for a minimum 15 gpm.
PUBLIC SANITARY SEWER SYSTEM (sometimes called the "SEWER SYSTEM")
All sanitary or combined sewers, all pumping stations, all force mains, all sewage treatment works and all other sewage facilities owned or leased and operated by the Borough for the collection, transportation and treatment of sanitary sewage and individual wastes, together with their appurtenances, and any additions, extensions or improvements thereto. It shall also include sewers within the Borough's service area which serve one or more persons and discharge into the public sanitary sewage system even though those sewers may not have been constructed by the Borough and are not owned or maintained by the Borough. It does not include separate storm sewers or culvert which have been constructed for the sole purpose of carrying storm and surface runoff, the discharge from which is not and does not become tributary to the sewage treatment facilities.
A. 
Every building or room occupied or used as a food preparation facility shall be well drained. All soil pipes, waste pipes, drains or other plumbing fixtures shall be of adequate size to enable passage of any waste intended to pass through it to the main public sewer. All drains, sewers, waste and soil pipes, traps in water and vent pipes shall, at all times, be kept in good repair and order so that gases or odor shall not escape therefrom and so that the same shall not leak and all vent pipes shall be kept in good order and repair and free from obstruction.
B. 
All applicable County, State, Federal and local plumbing/building codes shall be followed during the installation and operation of the FOG pretreatment system.
A. 
All new food preparation facilities, shall complete a Grease Trap/Interceptor Permit Application on the form(s) provided and include the design and specifications for the FOG pretreatment system.
B. 
All existing food preparation facilities which have an existing FOG pretreatment system may keep their existing FOG pretreatment system in operation upon approval of their Grease Trap Permit Application. If upon inspection, the pretreatment system is found to be in need of repair, replacement, or to be undersized, a permit will be issued after the corrective action has been inspected and approved by the Board.
C. 
All existing food preparation facilities which require a new FOG pretreatment system to comply with this Ordinances shall submit an application for the installation of a new FOG pretreatment system on the form(s) provided.
D. 
A FOG pretreatment system shall not be installed which does not comply, in all respects, with the type and size approved by the Board.
A. 
Every building, room or space or part thereof used as a food preparation facility, whether new or existing, shall install or cause to be installed a grease interceptor or grease trap. The type of installation shall be determined by the total flow-through rate of potential grease laded fixtures discharging through the building sewage lines. For flow-through rates of 35 gpm or less, an internal grease trap may be installed in food preparation facilities. Grease traps shall be rated for a minimum of 15 gpm. For flow-through rates exceeding 35 gpm, an external underground grease interceptor must be installed in all food preparation facilities.
B. 
FOG Pretreatment System Design Criteria.
(1) 
Grease interceptors shall be sized to provide a minimum detention time of 30 minutes with all fixtures discharging simultaneously or 1,000 gallons, whichever is greater.
(2) 
All interceptors and grease traps shall be located as to be readily and easily accessible for cleaning and inspection. No permanent or temporary structures or containers shall be placed directly over grease traps. Interceptors installed in areas subject to traffic shall be designed to accommodate traffic loading.
(3) 
Interceptors and separators shall be constructed of impervious materials capable of withstanding abrupt and extreme change in temperature, such as precast concrete or other durable material. They shall be watertight and equipped with easily removable covers.
(4) 
Grease traps shall conform to the Plumbing and Drainage Institute Standard (PDI) G101 or the American Society of Mechanical Engineers Standard (ASME) A112.14.3.
[Amended 4-6-2020 by Ord. No. 527]
(5) 
An inspection site tee shall be installed between the interceptor discharge and connection to the public sewer system.
C. 
The FOG Pretreatment System shall be installed on a separate building drain line connected to only those fixtures or drains which would allow fats, oils, and grease to be discharged. This shall include, but not be limited to:
(1) 
Pot sinks.
(2) 
Pre-rinse sinks.
(3) 
Any sink into which fats, oils, and grease are likely to be introduced.
(4) 
Soup kettles or similar devices.
(5) 
Work stations.
(6) 
Floor drains or sinks into which kettles may be drained.
(7) 
Automatic hood wash units.
(8) 
Dishwashers.
(9) 
Any other fixtures or drains that are likely to allow fats, oils, and grease to be discharged.
D. 
No solid waste devices, such as waste grinders, disposals, potato peelers, etc. shall discharge through the grease trap interceptor. Only potential grease laden fixtures may discharge through the trap or interceptor.
E. 
In all existing food preparation facilities there shall be installed a grease interceptor or grease trap as determined by flow through rate, as detailed above.
F. 
In existing facilities where it is determined by the Board that excessive amounts of grease are being discharged into the public sewer system, the Board may require that a grease interceptor be installed or other remedial action taken that is acceptable to the Board.
G. 
Nothing herein shall preclude the installation of an underground grease interceptor in lieu of another acceptable FOG Pretreatment System.
A. 
There shall be no exceptions to the requirements of this ordinance other than as provided in this section.
(1) 
Individual Dwelling Units - Grease Interceptors and Grease Traps are not required for individual dwelling units or private living quarters.
(2) 
Undue Hardship.
(a) 
Existing food preparation facilities where separation of kitchen waste may be impractical, relief from the size and type requirements specified in this ordinance may be permitted by the Board.
(b) 
Relief shall be granted only after determination by the Board that installation of the required size and type of FOG Pretreatment System would cause undue hardship to the operation of the food preparation facility.
(c) 
Owners wishing to be considered for relief under this section shall submit a written request for relief. The request shall be accompanied by drawings and details of the building supporting their request and specifications and details of the type of FOG Pretreatment System requested.
(3) 
A food preparation facility that does not engage in cooking shall be eligible for exemption, provided a written request to the Board has been submitted and approved. The Board reserves the right to rescind this exemption at its discretion, provided written notice is given to the food preparation facility.
(4) 
Religious and non-profit entities holding not more than 15 events per calendar year as a food preparation facility are exempt from this Ordinance, provided a written request to the Board has been submitted and approved. The Board reserves the right to rescind this exemption at its discretion, provided written notice is given to the food preparation facility.
A. 
Where installed, all grease interceptors and grease traps required by this Ordinance shall be maintained by the owner, to effect continuous and efficient operation. Grease Interceptors and grease traps must be maintained and cleaned regularly to prevent the escape of grease, oil, flammable liquids or sediments.
B. 
Initially, the frequency of cleaning for food grease interceptors shall be once every three months. If after one year, adequate data to support extended cleaning frequencies is provided based on observation of the collection system and the data provided, the Board may permit an extended cleaning frequency. Minimally, cleaning shall be done when 25% of the operating depth of the interceptor is occupied by fats, oils, grease, and settled solids, even if the required frequency is more often than once every three months. Additionally, cleaning frequencies shall not be extended to require less than one cleaning per year.
C. 
Grease traps shall be cleaned not less than once per day to assure fats, oils, grease and settled solids to be less than 25% of the operating depth of the grease trap.
D. 
Cleaning of grease interceptors and grease traps shall include the removal of all contents including, but not limited to, floating materials, wastewater, and settled sludge. Cleaning shall include scraping excessive solids from the walls, floor, baffles, and all piping. After cleaning, wastewater may be decanted back into the grease interceptor or grease trap taking care not to introduce FOG back into the system.
E. 
Disposal of Material - Materials removed from grease interceptors and grease traps are to be disposed of under existing state laws and regulations of the Commonwealth of Pennsylvania.
A. 
No facility shall discharge or cause to be discharged into the Public Sanitary Sewage System any wastewater with a FOG concentration in excess of 100 milligrams per liter or such lesser concentrations or quantities as may be required to avoid harm to the said sewage system.
A. 
Grease interceptors.
(1) 
Each food preparation facility shall maintain records of maintenance and cleaning of fats, oils, and greases.
(a) 
The records shall include the date cleaning and maintenance were performed. The records shall be confirmed in writing by a qualified septage hauler. Invoices for services of the hauler shall be attached to the records.
(b) 
Records must be maintained on a standard form to be furnished by the Board, which shall include the date the grease interceptor was cleaned and the signatures of the qualified septage hauler, and the individual responsible for the food preparation facility.
(c) 
A copy of the records shall be due at the Borough office not later than 15 days after each cleaning.
B. 
Grease traps.
(1) 
Each food preparation facility shall maintain a log of daily maintenance and cleaning of fats, oils, and greases.
(a) 
The log shall include the date cleaning and maintenance were performed, in addition to the signature of the person who cleaned the grease trap.
(b) 
Logs must be maintained on a standard form to be furnished by the Board, which shall include the dates and times the grease trap was cleaned, as well as the signature of the individual who performed cleaning and maintenance.
(c) 
A copy of the logs shall be due at the Borough office on the 15th day of each month.
A. 
Timetable for Compliance - All food preparation facilities shall have six months from the effective date of this Ordinance to meet the minimum standards; plans shall be submitted within three months and construction completion shall be within six months from the effective date of this Ordinance.
B. 
Inspection - Representatives of the Board shall have the right to enter in and about a food preparation facility at any time during normal operating hours without the prior consent of the owner for the purpose of enforcing compliance with this Ordinance.
C. 
Violations/penalties.
(1) 
Whenever the Board finds that any food preparation facility has violated or is violating any provision of this Ordinance, the Board may serve upon the owner or operator thereof a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Board, including the time required to remedy the violation.
(2) 
Whenever a food preparation facility fails to provide a plan for the satisfactory correction of the violation within 30 days from the date of the notice or fails to complete the corrective action within the time frame identified in the plan, or such earlier time as the Board may require, the violator shall pay a fine of not more than $750 dollars for each violation. Every day that a violation continues after 30 days from the date of the notice thereof or beyond the timeframe identified in the plan of correction, shall be considered a separate violation. In addition to the penalties provided herein, the Board may recover penalties damages, costs, attorney's fees, court costs, court reporter fees, and other expenses of litigation by appropriate suit of law against the person or user found to have violated this Ordinance or the orders, rules, regulations, and permits issued hereunder.
(3) 
The Board may in addition to imposition of the fine described in paragraph b, institute injunctive or any other appropriate action or proceeding at law or in equity for the enforcement of the provisions of this Ordinance. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.