Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
Borough of Rutherford, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough of Rutherford Council 6-11-2013 by Ord. No. 3296-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 16.
Food establishments — See Ch. 36A.
Food handlers training — See Ch. 36B.
Plumbing Code — See Ch. 74.
Sanitary sewers — See Ch. 91.
Sewers and wastewater disposal — See Ch. 94.
[1]
Editor's Note: This ordinance was originally adopted as Ch. 41 but was renumbered because there was an existing Chapter 41 in the Code.
The purpose of this chapter 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 chapter, the following terms shall have the meanings indicated:
BROWN GREASE
Waste vegetable oil, animal fat, grease, etc., that is recovered from the waste water that is discharged into a drain and grease trap.
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 ESTABLISHMENT
Any permanently fixed location that prepares food for human consumption that generates fat, oil or grease waste as a part of its business within the Borough and is licensed by the local health department, in accordance with Chapter 36A of the Borough Code, with the exception of those establishments licensed in categories D-6 and D-7.
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 settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system.
INSPECTING OFFICIAL
Representatives from the Building Department, Department of Public Works and/or Health Department.
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.
YELLOW GREASE
Grease derived from used cooking oil from the food industry as typically found in frying oils from deep fryers.
All food establishments regulated under this chapter shall adhere to best management practices dealing with fat, oil, and grease disposal and shall educate their employees to these practices. Best management practices include, but are not limited to, the following:
A. 
Training kitchen staff on grease handling practices.
B. 
Hanging grease handling posters in the kitchen.
C. 
Instructing employees that food waste shall be disposed of in the trash and not in the sanitary sewer system.
D. 
Providing ample paper towel dispensers for dry-wiping grease from spills, pots, frying, grilling equipment, and other surfaces saturated with fat, oil, and grease residue.
E. 
Using strainer baskets in sinks to catch food waste.
F. 
Directing all drains from grease-producing sources to a properly sized grease trap.
G. 
Insuring that the hot water in the food establishments is less than 140º F.
A. 
All existing, proposed, or newly remodeled food establishments within the Borough of Rutherford shall be required to install, at the user's expense, an approved, properly operated and maintained grease trap or acceptable grease recovery system.
B. 
The inspecting official may require that a grease trap in a food establishment be upgraded to the current-day industry standards.
C. 
Food waste, including fat, oil, and grease, cannot be discarded into a slop sink, floor drain, toilet or any other plumbing fixture not connected to a grease trap.
Access to grease traps shall be available during normal Borough business hours to allow for their maintenance and inspection by the inspecting official. Access includes the ability to open the trap, if the inspecting official requires access. Should an emergency situation arise, the access shall be provided to the inspecting official immediately.
A. 
Cleaning. The user, at the user's expense, shall maintain all grease traps to assure proper operation and efficiency. Maintenance of grease traps shall include the complete removal of all contents, including floating materials, wastewater, bottom sludge and solids. The decanting or discharging of removed waste back into the trap from which it was removed or 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 the user's expense.
B. 
Cleaning frequency. The grease trap must be cleaned completely at a minimum of every 30 days, or more frequently, as determined by the inspecting official, as needed to prevent carryover of grease into the sanitary sewer system.
C. 
Disposal. The waste material from the grease trap must be discarded in accordance with applicable state, county, and local regulations. The food establishment shall be responsible, after cleaning the grease trap, to have the contents of the grease trap removed by a private waste hauler firm hired by the food establishment. In no way shall the waste material removed from the grease trap be returned to any private or public portion of the Borough's sanitary sewer collection system. In addition, the food establishment shall insure that proper written documentation is established and maintained for 24 months, noting the name of the waste hauler, address, phone number, date waste removed and volume in gallons, that the brown grease and yellow grease, was removed from the premises.
A. 
Maintenance log. A grease trap cleaning/maintenance log indicating each cleaning of the grease trap for the previous 24 months shall be maintained by each food establishment and posted near the grease trap. This log shall include the date cleaned, by whom, and the signature of the person cleaning the grease trap. Said log shall be made available to the inspecting official upon request.
B. 
Retention of records. Each user shall retain all cleaning, maintenance, and disposal records for review by the inspecting official upon his or her request. The records shall be retained for a twenty-four-month period of time.
The inspecting official shall have the authority to perform periodic inspections of those food establishments generating fat, oil or grease in their operations and shall notify the user of any additional required maintenance or repairs. Upon written notification by the inspecting official, the user shall be required to perform the maintenance or repair within the time period defined. Upon inspection by the inspecting official, 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 establishment 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 inspecting official shall invoice the owner for same incurred by the Borough. If the invoice is not paid, the inspecting official shall notify the Borough Attorney to take such actions as shall be appropriate to seek reimbursement.
B. 
Penalty. Any person who violates this chapter is subject to the following fines.
(1) 
First offense: up to $250 per day until corrected, plus reimbursement of costs and damages.
(2) 
Second offense: $500 per day until corrected, plus reimbursement of costs and damages.
(3) 
Third or more offenses: $1,000 per day until corrected, plus reimbursement of costs and damages, plus possible closure of discharge to the Borough sanitary sewer system.
(4) 
Failure to follow the following shall result in a fine of $50 per day until corrected:
(a) 
The best management practices outlined in § 43-3;
(b) 
Maintaining the waste hauler information as outlined in § 43-6C; and
(c) 
The maintenance log as outlined in § 43-7A.
(5) 
Violations of § 43-6, 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 inspecting official.
The remedies provided for in this chapter are not mutually exclusive. The inspecting official may take any, all, or any combination of these actions against a noncompliant person.