[Adopted 7-1-2003 by Ord. No. 36-11]
A.
This article shall be known and may be cited as "An
Ordinance Providing for Oil and Grease Interceptors in Whitpain Township."
B.
In accordance with municipal codes, the Clean Streams
Law,[1] and the Pennsylvania Sewage Facilities Act,[2] it is the power and the duty of Whitpain Township to provide
for adequate sewage collection and treatment facilities and for the
protection of the public health by preventing the discharge of untreated
or inadequately treated sewage.
C.
The purpose of this article is to provide for the
regulation, inspection, maintenance and rehabilitation of oil and
grease interceptor systems; to further permit intervention in situations
which may constitute a public nuisance or hazard to the public health,
safety and welfare; and to establish penalties and appeal procedures
necessary for the proper administration of a sewage management program.
A.
AUTHORIZED AGENT
BOARD
COUNTY
DEPARTMENT
OIL AND GREASE
OIL AND GREASE INTERCEPTOR
TOWNSHIP
As used in this article, the following terms shall
have the meanings indicated:
An employee of Whitpain Township, code enforcement officer,
professional engineer, industrial pretreatment program coordinator,
plumbing inspector, or other qualified or licensed person who is authorized
to function within specified limits as an agent of Whitpain Township
to administer or enforce the provisions of this article.
The Board of Supervisors, Whitpain Township, Montgomery County,
Pennsylvania.
The Montgomery County Health Department (MCHD).
The Pennsylvania Department of Environmental Protection (PADEP).
As determined by the total recoverable laboratory method.
A system of piping, tanks or other facilities serving a single
property and collecting and holding oil and grease.
The Township of Whitpain, Montgomery County, Pennsylvania.
B.
For the purposes of this article, any term that is
not defined herein shall have that meaning attributed to it under
the Sewage Facilities Act, Act of January 24, 1966, P.L. (1965) 1535,
as amended, 35 P.S. § 750.1, et seq, and the regulations
promulgated thereto.
A.
From the effective date of this article, its provisions
shall apply to commercial, industrial and institutional establishments
in any portion of the Township. The provisions of this article shall
apply to all persons owning any property serviced by an oil and grease
interceptor and to all persons required to install or rehabilitate
oil and grease interceptor systems. Such oil and grease interceptors
shall not be required for residential sources.
B.
Oil and grease interceptor systems shall be provided
when required by the Township plumbing code[1] or industrial pretreatment regulations, or when determined
necessary by an authorized agent for the proper handling of sewage
containing excessive amounts of oil and grease.
C.
Oil and grease interceptor systems shall be required
for all restaurants, establishments with food preparation facilities,
or other establishments determined by the authorized agent to have
the potential to discharge oil and grease in quantities that could
cause obstructions to the flow in sewers or other interference with
the proper operation of the sewer system of the Township.
A.
No person shall install, construct or alter an oil
and grease interceptor system or occupy any building or structure
for which an oil and grease interceptor system is to be installed
without first obtaining a permit from the Township, which permit shall
indicate that the site and the plans and specifications of such system
are in compliance with the provisions of this article.
B.
No system or structure designed to provide oil and
grease interceptor shall be covered from view until approval to cover
the same has been given by a code enforcement officer.
C.
Applicants for permits shall notify the code enforcement
officer of the schedule for construction of the permitted oil and
grease interceptor system and shall notify the code enforcement officer
at least 24 hours in advance of any required inspections.
D.
No building or occupancy permit shall be issued for
a new building that will generate sewage containing oil and grease
until a valid permit has been obtained from a code enforcement officer.
E.
No building or occupancy permit shall be issued and
no work shall begin on any alteration or conversion of any existing
structure, if said alteration or conversion will result in the increase
or potential increase in sewage containing oil and grease from the
structure, until the structure's owner receives a permit for alteration
or replacement of the existing oil and grease interceptor system.
F.
Permits may be issued only by the Township.
All oil and grease interceptor systems shall
be of type and capacity approved by the owner's design professional
and shall be located to be easily accessible for cleaning and inspection.
A.
The owner of any improved property connected to the
sewage system shall allow the duly authorized agent bearing proper
credentials and identification to:
(1)
Enter all properties and facilities for the
purpose of inspection, observation, measurement, sampling, and testing
to determine compliance with the provisions of these regulations and
for the performance of other functions relating to service rendered
by the Township in regard to the sewage system.
(2)
Examine and copy any and all records required
to be maintained by the owner for the purpose of determining compliance
with the provisions of these regulations and any and all state or
federal pretreatment standards and regulations.
B.
Any oil and grease interceptor system may be inspected
by an authorized agent at any reasonable time as of the effective
date of this article.
C.
Such inspection may include a physical tour of the
property, the sampling of the contents of the oil and grease interceptor
itself and/or the introduction of a traceable substance into the interior
plumbing of the structure served to ascertain the path and ultimate
destination of wastewater generated in the structure.
D.
An authorized agent shall have the right to enter
upon land for the purposes of inspections described in this section.
E.
An initial inspection shall be conducted by an authorized
agent within three months of the effective date of this article for
the purpose of determining the type and functional status of each
oil and grease interceptor system in the Township. A written report
shall be furnished to the owner of each property inspected and a copy
of said report shall be maintained in the Township records.
F.
A schedule of routine inspections may be established
to assure the proper functioning of the oil and grease interceptor
systems in the Township.
G.
An authorized agent shall inspect systems known to
be, or alleged to be, malfunctioning. Should said inspections reveal
that the system is indeed malfunctioning, the authorized agent shall
order action to be taken to correct the malfunction. If total correction
cannot be done in accordance with the regulations of the Township
and/or PADEP or is not technically or financially feasible in the
opinion of the authorized agent, then action by the property owner
to mitigate the malfunction shall be required.
A.
Only normal domestic wastes shall be discharged into
any oil and grease interceptor system. The following shall not be
discharged into the system:
(1)
Industrial waste.
(2)
Automobile oil and other nondomestic oil.
(3)
Toxic or hazardous substances or chemicals,
including but not limited to, pesticides, disinfectants, acids, paints,
paint thinners, herbicides, gasoline and other solvents.
(4)
Clean surface- or groundwater, including water
from roof or cellar drains, springs, basement sump pumps and French
drains.
B.
The wastes described in the first three subsections
in the preceding tabulation shall be properly pretreated and/or discharged
to a holding tank and disposed by a contractor approved by the PADEP.
A.
Each person owning a building served by an oil and
grease interceptor system shall have the oil and grease interceptor
pumped by a qualified pumper/hauler within one month of the effective
date of this article. Thereafter, that person shall have the tank
pumped at least once every quarter or whenever an inspection reveals
that the oil and grease interceptor is filled with grease and floatables
on the top or with solids at the bottom in excess of 1/3 of the liquid
depth of the tank or four inches. Receipts from the pumper/hauler
shall be submitted to the Township within two weeks after the pumping.
B.
The required pumping frequency may be increased at
the discretion of an authorized agent of the Township if the oil and
grease interceptor is undersized, if solids buildup in the tank is
above average, if the hydraulic load on the system increases significantly
above average, if the system malfunctions or for other good cause
shown. If any person can prove that such person's oil and grease interceptor
had been pumped within three months of the effective date of this
article, then that person's initial required pumping may be delayed
to conform to the general three-month frequency requirement, except
where an inspection reveals a need for more frequent pumping intervals.
C.
Any person owning a property served by an oil and
grease interceptor shall submit, with each required pumping receipt,
a written statement from the pumper/hauler or from any other qualified
individual acceptable to the Township that the baffles in the oil
and grease interceptor have been inspected and found to be in good
working order. Any person whose oil and grease interceptor baffles
are determined to require repair or replacement shall first contact
a code enforcement officer for approval of the necessary repair.
D.
Any person owning a building served by an oil and
grease interceptor system shall follow the operation and maintenance
recommendations of the equipment manufacturer. A copy of the manufacturer's
recommendations and a copy of the service agreement shall be submitted
to the Township within two months of the effective date of this article.
Thereafter, service receipts shall be submitted to the Township at
the intervals specified by the manufacturer's recommendations. In
no case may the service or pumping intervals for the oil and grease
interceptor exceed those recommended by the manufacturer.
E.
Additional maintenance activity may be required as
needed including, but not necessarily limited to, cleaning and unclogging
of piping, servicing and the repair of mechanical equipment, leveling
of distribution boxes, tanks and lines, removal of obstructing roots
or trees, etc.
A.
Oil and grease interceptor systems shall be operated
and maintained in a responsible manner so as not to allow malfunctions.
All liquid wastes, including kitchen and laundry wastes and water
softener backwash, shall be discharged to a treatment tank.
B.
A written notice of violation shall be issued to any
person who is the owner of any property which is found to be served
by a malfunctioning oil and grease interceptor system or which is
discharging oil and grease without a permit.
C.
Within seven days of notification by the Township
that a malfunction has been identified, the property owner shall make
application to the code enforcement officer for a permit to repair
or replace the malfunctioning system. Within 30 days of initial notification
by the Township, construction of the permitted repair or replacement
shall commence. Within 60 days of the original notification by the
Township, the construction shall be completed unless seasonal or unique
conditions mandate a longer period, in which case the Township shall
set an extended completion date.
D.
A code enforcement officer shall have the authority
to require the repair of any malfunction by the following methods:
cleaning, repair or replacement of components of the existing system,
adding capacity or otherwise altering or replacing the system's treatment
tank, the addition of bacterial cultures specifically designed to
decompose oil and grease, replacing the system with a holding tank,
or any other alternative appropriate for the specific site.
E.
In lieu of, or in combination with, the remedies described in Subsection D above, a code enforcement officer may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices.
F.
Should none of the remedies described in this section
be totally effective in eliminating the malfunction of an existing
oil and grease interceptor system, the property owner is not absolved
of responsibility for that malfunction. The Township may require whatever
action is necessary to lessen or mitigate the malfunction to the extent
necessary.
The Township, upon written notice from a code
enforcement officer that an imminent public health or safety hazard
exists due to failure of a property owner to maintain, repair or replace
an oil and grease interceptor system as provided under the terms of
this article, shall have the authority to perform, or contract to
have performed, the work required by the code enforcement officer.
The owner shall be charged for the work performed and, if necessary,
a lien shall be entered therefor in accordance with law.
A.
All grease originating within the Township shall be
disposed of in accordance with the requirements of the Solid Waste
Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.)
and all other applicable laws and at sites or facilities approved
by PADEP.
B.
Pumper/haulers of oil and grease operating within
the Township shall operate in a manner consistent with the provisions
of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35
P.S. §§ 6018.101-6018.1003) and all other applicable
laws.
A.
The Township shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.
The Township shall employ qualified individuals to
carry out the provisions of this article. Those employees shall include
a code enforcement officer and may include an administrator and such
other persons as may be necessary. The Township may also contract
with private qualified persons or firms as necessary to carry out
the provisions of this article.
C.
All permits, records, reports, files and other written
material relating to the installation, operation and maintenance and
malfunction of oil and grease interceptor systems in the Township
shall become the property of, and be maintained by, the Township.
Existing and future records shall be available for public inspection
during regular business hours at the official office of the Township.
D.
The Board of Supervisors shall establish all administrative
procedures necessary to properly carry out the provisions of this
article.
E.
The Board of Supervisors may establish a fee schedule,
and authorize the collection of fees, to cover the cost to the Township
of administering this program.
A.
Appeals from final decisions of the Township or any
of its authorized agents under this article shall be made to the Township
Board of Appeals in writing within 30 days from the date of written
notification of the decision in question.
B.
The appellant shall be entitled to a hearing before
the Township Board of Appeals at its next regularly scheduled meeting,
if a written appeal is received at least 14 days prior to that meeting.
If the appeal is received within 14 days of the next regularly scheduled
meeting, the appeal shall be heard at the next regularly scheduled
meeting. The Township shall thereafter affirm, modify, or reverse
the aforesaid decision. The hearing may be postponed for a good cause
shown by the appellant or the Township. Additional evidence may be
introduced at the hearing provided that it is submitted with the written
notice of appeal.
C.
A decision shall be rendered in writing within 45
days of the date of the hearing.
Any violation of any provision of this article
shall be deemed a summary criminal offense and shall be subject to
a fine of not less than $600 plus costs for each day that the offense
continues. Each day of noncompliance shall constitute a separate offense.