[Adopted 3-9-2010 by Ord. No. 334]
This article will assist the Bucks County Water and Sewer Authority with respect to the design, installation, maintenance and repair of oil and grease interceptor trap systems, will tend to prevent the discharge of certain oil, grease, fats, grit, and similar materials into the public sewer systems and establishes penalties for violations of this article.
As used in this article, the following terms shall have the meanings indicated:
- Any person owning a building or structure containing an oil and grease interceptor/trap system and/or any person using said system. The definition shall also include any person owning a commercial building or commercial structure not containing an oil and grease interceptor/trap system, wherein oil or grease may be discharged in to the public sanitary sewer system in violation of applicable discharge standards.
- Any individual, partnership, corporation, limited liability company or another legal entity.
- PROHIBITED DISCHARGE STANDARDS
- Prohibited discharge standards are described in the Industrial Wastewater Discharge and Pretreatment Rules attached to this article, as Exhibit A.
- An individual or a business entity providing inter alia, design, installation, inspection, maintenance, repair and/or pumping and hauling services for oil and grease interceptor/trap systems.
Editor's Note: Exhibit A is on file in the Borough offices.
This article shall apply to all commercial, industrial and institutional establishments located within New Britain Borough.
Oil and grease interceptor trap systems, to the extent not otherwise controlled by the provisions of the Uniform Construction Code, are required for all restaurants, food preparation facilities and/or other establishments, including but not limited to repair shops and service stations in the Borough having the potential to discharge oil and/or grease into the sanitary sewer system.
In addition to any other regulatory requirements herein, all persons subject to this article shall adhere to the applicable provisions of the 2006 International Plumbing Code, as amended or from time to time.
Subject to and consistent with the requirements of the Uniform Construction Code, an oil and grease interceptor/trap system must be the type and capacity approved by the owner's or user's design professional and must be located for easy accessibility to clean, inspect, maintain and repair.
The owner or person utilizing any property connected to the sanitary sewer system of the Bucks County Water and Sewer Authority shall permit an authorized agent of the Water and Sewer Authority:
To enter all properties and facilities for the purpose of inspection, sampling, and testing to determine compliance with the provisions of these regulations.
To 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.
Any oil and grease interceptor/trap system may be inspected by an authorized agent of the Water and Sewer Authority at any reasonable time.
Such inspection may require a physical tour of the property, sampling of the oil and grease interceptor/trap, and dye-testing of the interior plumbing to determine the path and ultimate destination of the generated wastewater.
An authorized agent of the Water and Sewer Authority shall have the right to enter upon land for purposes of inspections.
An initial inspection may be conducted by an authorized agent of the Water and Sewer Authority to determine the type and functionality of each oil and grease interceptor/trap system.
A schedule of routine inspections of the Water and Sewer Authority may be established to assure proper functioning of the oil and grease interceptor/trap system.
An authorized agent of the Water and Sewer Authority may inspect systems known or alleged to be malfunctioning. Should said inspections reveal that the system is malfunctioning, the authorized agent shall order that action be taken to correct the malfunction and the owner or operator shall immediately effect any required maintenance or repair.
Every person owning a building or structure containing an oil and grease interceptor/trap system, as well as any person making use of an oil and grease interceptor/trap system, shall have said system pumped by a qualified contractor within 60 days of the effective date of this article. Thereafter, all persons required to pump an interceptor/trap system shall do so at least every quarter. The owner and/or user of the oil and grease interceptor/trap system shall submit receipts from the contractor confirming the required pumpings within two weeks after the removal of the accumulated oil and grease. The Borough Code Enforcement Officer shall provide a copy of this article to persons in the Borough who are subject to the terms of this article within 30 days after the effective date of this article.
The required pumping frequency may be increased by the Water and Sewer Authority for good cause shown.
Any person owning a property served by an oil and grease interceptor/trap system, as well as any person making use of an oil and grease interceptor/trap system, must submit, with each required pumping receipt, a written statement from the contractor certifying that the contractor has inspected the interceptor/trap system, including the baffles in the system, and that all the system elements have been found to be in good working order. In the event that any inspection, whether by the contractor or by any municipal or Water and Sewer Authority inspector reveals the need for maintenance or repair, the owner or person using the system shall immediately obtain the maintenance and/or repair and shall thereafter submit a written statement by the contractor making the repair or performing the maintenance, certifying that the system, including the baffles are in good working order.
Any person owning a building served by an oil and grease interceptor/trap system as well as any person using such a system shall follow the operation and maintenance recommendations of the equipment manufacturer. Notwithstanding any provision in this article to the contrary, the pumping intervals for such systems shall not exceed the intervals recommended by the system manufacturer.
All such intercepted/trapped grease and oil 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 shall be deposited at sites or facilities approved by PADEP.
Contractors, as the term is defined above, operating within New Britain Borough shall operate in a manner consistent with the provisions of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101–1003) and all other applicable laws.
Should any person violate any provision of this article, New Britain Borough is authorized to pursue all legal and equitable remedies available to it in order to effectuate compliance.
In addition to any other remedies provided to the Borough by law and equity, any person violating any of the provisions of this article shall be guilty of a summary offense, and upon conviction thereof, shall be subject to a fine in an amount not exceeding $600, plus costs of prosecution, and in default of payment of such fine and costs, be subject to imprisonment for up to 30 days. A violation of this article is established upon discovery of noncompliance with the provisions of this article. Accordingly, it shall not be necessary for the Borough to notify an owner or user of an oil and grease interceptor/trap system of a possible violation in order to establish liability hereunder.
In addition to the penalty set forth in the preceding subsection, Subsection A, in the event of a continuing violation of this article, whenever an owner or person utilizing an interceptor/trap system shall be notified to correct such violation and the owner or person utilizing the system fails to commence compliance with the requirements of the notice within 30 days and to comply fully with the requirements of the notice within 60 days, then each day of noncompliance after the delivery of the notice shall constitute a separate violation punishable by a daily fine of up to $600, plus costs of prosecution, and in default of payment of such fine and costs, be subject to imprisonment for up to 30 days. Nothing in this subsection shall be construed to prevent the Borough Code Enforcement Officer from issuing a summary citation upon discovery of a violation without first providing a notice to correct the violation.