[Adopted 7-19-2011 by Ord. No. 2011-09]
The purpose of this article is to aid in the prevention of sanitary sewer blockages, backups and obstructions from contributions and accumulation of fats, oils, and greases into the sanitary sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.
As used in this article, the following terms shall have the meanings indicated:
FATS, OILS, AND GREASES
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 the United States Code of Federal Regulations, 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
FOOD SERVICE ESTABLISHMENTS
See East Rutherford Borough Code § 396-62.
GREASE TRAP
A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system.
USER
Any person who contributes, causes or permits the contribution or discharge of wastewater into sewers within the Borough's boundaries, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.
A. 
Any new construction, renovation or expansion of food service facilities shall be required to submit to the Borough a FOG[1] and food waste control plan that will effectively control the discharge of undesirable materials into the wastewater collection system.
[1]
Editor's Note: Fats, oils and grease.
B. 
Any existing food service facilities shall also be required to submit a FOG and food waste control plan that will effectively control the discharge of undesirable materials into the wastewater collection system. Each food service facility will have 90 days from the passage of this article to provide the plan. Existing facilities shall not be exempt from the requirements of this article. There will be no "grandfathering."
C. 
The control plan must be submitted, signed and sealed, from a licensed architect if required by the Plumbing Subcode Official, Borough representative or Health Inspector.
D. 
Evaluation of current grease traps and cleaning frequency by rendering company must be prepared and submitted to the Plumbing Subcode Official, Borough representative or Health Inspector.
All existing, proposed, or newly remodeled food service facilities inside the Borough of East Rutherford shall be required to install, at the user's expense, an approved, properly operated and maintained grease trap or acceptable grease recovery system.
Access to grease traps shall be available during normal Borough business hours to allow for their maintenance and inspection by the Plumbing Subcode Official, Borough representative or Health Inspector. Access includes the ability to open the trap, if the Plumbing Subcode Official, Borough representative or Health Inspector require access. Should an emergency situation arise, the access must be provided to the Plumbing Subcode Official, Borough representative or Health Inspector.
A. 
Cleaning. The user, at the user's expense, shall maintain all grease traps to assure proper operation and efficiency. Maintenance of the grease trap shall include the complete removal of all contents, including floating materials, wastewater, and bottom sludge and solids. Decanting or discharging of removed waste back into the trap from which it was removed or into any other grease trap, for the purpose of reducing the volume to be disposed, is prohibited. Any needed repairs shall be noted. Repairs shall be made at user's expense.
B. 
Cleaning frequency. The grease trap must be pumped out completely a minimum of once a month, or more frequently, as determined by the Plumbing Subcode Official, Borough representative or Health Inspector as needed to prevent carryover of grease into the sanitary sewer system. This work shall be performed by a qualified and licensed hauler.
C. 
Disposal. The grease trap must be cleaned and maintained in a way pursuant to the Control Plan.
D. 
Maintenance log. A grease trap cleaning/maintenance log indicating each cleaning for the previous 24 months shall be maintained by each food service facility. This log shall include the date, time, amount pumped, employee/user, hauler (if applicable), and disposal method and shall be kept in a conspicuous location for inspection. Said log shall be made available to the Plumbing Subcode Official, Borough representative or Health Inspector upon request.
E. 
Retention of records. Each user shall retain all cleaning and maintenance records for review by the Plumbing Subcode Official, Borough representative or Health Inspector upon their request. The maintenance records shall include the following information:
(1) 
Facility name, address, contact person, and telephone number.
(2) 
Company name, address, telephone number, and contact name of person responsible for performing the maintenance, cleaning, pumping, or repair of grease trap.
(3) 
Types of maintenance performed.
(4) 
Dates maintenance was performed.
(5) 
Date of next schedule maintenance.
(6) 
Copies of manifests.
The Plumbing Subcode Official, Borough representative or Health Inspector will perform periodic inspections of these facilities and shall notify the user of any additional required maintenance or repairs. Upon written notification by the Plumbing Subcode Official, Borough representative or Health Inspector, the user shall be required to perform the maintenance and records of said maintenance within 14 calendar days. Upon inspection by the Plumbing Subcode Official, Borough representative or Health Inspector, the user may be required to install, at his expense, additional controls to provide a complete system which prevents discharges of undesirable materials into the wastewater collection system.
Any biological additive(s) placed into the grease trap or building discharge line including, but not limited to, enzymes, commercially available bacteria, or other additives designed to absorb, purge, consume, treat, or otherwise eliminate fats, oils, and grease shall in no way be considered as a substitution to the maintenance procedures required herein.
A. 
Recovery of damages. When the discharge from a food service facility causes an obstruction, damage, or any other impairment to the treatment works, or causes any expense, fine, penalty, or damage of whatever character or nature to the Borough, the Borough of East Rutherford shall invoice the owner for same incurred by the Borough. If the invoice is not paid, the Plumbing Subcode Official, Borough representative or Health Inspector shall notify the Borough Attorney to take such actions as shall be appropriate to seek reimbursement.
B. 
Penalty. Any person who violates this article is subject to the following fines.
(1) 
First offense: Up to $250/day until corrected, plus reimbursement of costs and damages.
(2) 
Second offense: $500/day until corrected, plus reimbursement of costs and damages.
(3) 
Third and subsequent offenses: $1,000/day until corrected, plus reimbursement of costs and damages, plus possible closure of discharge to Borough Sewers.
(4) 
Failure to draft the control plan shall result in a fine of $50/day until corrected.
(5) 
Failure to maintain the maintenance log shall result in a fine of $50/day until corrected.
(6) 
Violations of § 236-48, entitled Grease trap maintenance, may result in the user hiring a qualified and licensed hauler to maintain the grease traps for one year from the time of the violation, based on the determination of the Plumbing Subcode Official, Borough representative or Health Inspector.
The remedies provided for in this article are not mutually exclusive. The Plumbing Subcode Official, Borough representative or Health Inspector may take any, all, or any combination of these actions against a noncompliant person.