[HISTORY: Adopted by the Borough of Rutherford Council 6-11-2013 by Ord. No.
3296-13.[1] Amendments noted where applicable.]
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:
Waste vegetable oil, animal fat, grease, etc., that is recovered
from the waste water that is discharged into a drain and grease trap.
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."
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.
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.
Representatives from the Building Department, Department
of Public Works and/or Health Department.
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.
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.Â
Training kitchen staff on grease handling practices.
B.Â
Hanging grease handling posters in the kitchen.
C.Â
Instructing employees that food waste shall be disposed of in the
trash and not in the sanitary sewer system.
D.Â
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.Â
Using strainer baskets in sinks to catch food waste.
F.Â
Directing all drains from grease-producing sources to a properly
sized grease trap.
G.Â
Insuring that the hot water in the food establishments is less than
140º F.
A.Â
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.Â
The inspecting official may require that a grease trap in a food
establishment be upgraded to the current-day industry standards.
C.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Penalty. Any person who violates this chapter is subject to the
following fines.
(1)Â
First offense: up to $250 per day until corrected, plus reimbursement
of costs and damages.
(2)Â
Second offense: $500 per day until corrected, plus reimbursement
of costs and damages.
(3)Â
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.
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.