[Added 7-17-2013 by Ord. No. 2269-13]
The purpose of this article is to reduce the amount of fats, oils and grease ("FOG") entering the Township of Cheltenham ("Township") wastewater collection system in order to comply with the Clean Water Act of 1977 and general pretreatment regulations (40 CFR, Part 403). This article provides for the regulation of FOG contributors to publicly owned treatment works ("POTW") through the issuance of permits, inspections, sampling and enforcement. The requirements within this article shall be applied to, but not be limited to, all food processing facilities within the Township that discharge wastewater to be treated by the POTW. The requirements within this article shall also be applied to residential users within the Township that discharge wastewater to the POTW and that contribute FOG to the Township's sewage collection system.
The following terms and phrases shall have the designated meanings in the context of this article:
DAYS
Days shall be considered as calendar days unless otherwise specified.
FOG
Fats, oils and grease created as byproducts of cooking.
FOG ADMINISTRATOR
The Township POTW Superintendent or a duly authorized agent responsible for the enforcement of this article.
FOG OVERFLOW REPORT
A report supplied to FOG Administrator by the producer within five days of a FOG overflow explaining the cause of the overflow, steps taken to contain and clean up the overflow, and measures taken to prevent the overflow from occurring again.
GREASE TRAP
An apparatus located inside the structure that collects and contains the fats, oils and grease and removes a significant portion of them from the wastewater to be discharged.
NOV
Notice of violation; a written notice specifically citing the nature of the violation and a specified time frame for correction.
OIL AND GREASE INTERCEPTOR
An apparatus located outside the structure that collects and contains the fats, oils and grease and removes a significant portion of them from the wastewater to be discharged.
OVERFLOW
A discharge of FOG from a grease trap or interceptor into the POTW in a concentration greater than 100 mg/l or in the form of visible masses detrimental to the POTW.
POTW
Publicly owned treatment works, including the Township wastewater collection and conveyance system.
PRODUCER
Any commercial or public facility or private residential property that is connected to the Township POTW and that produces, directly or indirectly, wastewater containing FOG in a concentration greater than defined in the general regulations of this article. The term "producer" shall include the owner, the lessee, if any, as well as all employees and agents of such owner and any lessee operating any commercial or public facility or residing at any private residential property which is connected to the Township POTW and which produces, directly or indirectly, wastewater containing FOG in a concentration greater than that defined in the general regulations of this article. Commercial facilities include, but are not limited to, restaurants, schools, private clubs, delis, churches and day-care centers. Producers shall be classified as follows:
[Amended 6-20-2018 by Ord. No. 2372-18]
A. 
CLASS 1 PRODUCERAny producer who has an oil and grease interceptor on the sewer line.
B. 
CLASS 2 PRODUCERAny producer who has a grease trap.
C. 
CLASS 3 PRODUCERAny residential producer.
The following regulations apply to all producers contributing to the Township POTW:
A. 
All Class 1 and 2 producers must have a FOG permit in order to discharge to the POTW. The FOG Administrator shall receive all FOG permit applications. All Class 1 and 2 producers are required to renew their permit annually.
B. 
At no time shall a producer discharge, or cause to be discharged, any quantity of FOG to the POTW that exceeds the discharge limitation of 100 mg/l. At the discretion of the FOG Administrator, sampling by the Township of the producer's discharge may occur when the FOG Administrator has evidence that indicates the producer may not be complying with the requirements of this article. All Class 1 producers shall be responsible for providing an adequate sampling port on their grease interceptors.
C. 
The producer is responsible for cleaning and/or having the oil and grease interceptor or grease trap cleaned on a regular basis so as not to discharge fats, oils and grease to the POTW that exceed the discharge limitation of 100 mg/l. The frequency of cleaning at a minimum shall be in accordance with the "25% rule," as determined by the FOG Administrator and directed in the FOG permit. The "25% rule" requires that the depth of oil and grease (floating and settled) in an interceptor or trap shall not be equal to or greater than 25% of the total operating depth of the interceptor or trap. The operating depth of an interceptor or trap is determined by measuring the internal depth from the outlet water elevation to the bottom of the interceptor or trap. In application of this rule, the cleaning frequency shall also be determined by the size of the interceptor and inspection of the sewer lines. The Class 1 producer shall empty and clean the grease interceptor as often as is necessary to prevent overflowing of FOG into the POTW.
D. 
Existing producers which currently have an internal grease trap shall be required to clean and maintain that trap in an efficient manner. The following are prohibited to be discharged to an internal grease trap:
(1) 
Wastewater with a temperature greater than 140° F.
(2) 
Acid or caustic trap cleaners. This may include enzymes and/or degreasers which liquefy the fats, oils and grease and allow them to pass from the grease trap and deposit in the POTW lines. Therefore, all enzymes and degreasers must be approved by the FOG Administrator or duly authorized representatives.
E. 
An existing producer's FOG prevention procedures may be evaluated at any time by the FOG Administrator. If the FOG Administrator determines a producer requires a grease interceptor, the producer shall have a maximum of 45 days to install a properly sized grease interceptor by a qualified installation company.
F. 
Newly built Class 1 producers or renovated existing Class 1 producers shall install a properly sized oil and grease interceptor on the sewer line from the facility. The oil and grease interceptor shall be approved by the FOG Administrator. The oil and grease interceptor shall have the following design features (as a minimum): a tee inlet in which one tee branch extends a minimum of one foot below the liquid level, an outlet tee with a minimum submergence of 2/3 of the liquid depth, a baffle to separate the trap into two compartments, and two manhole access ways for inspection of the inlet and outlet tees. The interceptor shall have cleanouts and shall be located with easy access for pumpout and inspection. The producer may present alternative designs to the FOG Administrator. The FOG Administrator reserves the right to approve or reject the alternative design.
G. 
All producers may be inspected by the FOG Administrator at his or her discretion. The FOG Administrator has the authority to access and inspect any oil and grease interceptor or grease trap. The FOG Administrator shall give adequate notice to all Class 3 producers prior to inspection on their property.
H. 
Overflowing an oil and grease interceptor on the sewer line or on the sink discharge line is strictly prohibited. In such case, the producer shall be responsible for the subsequent containment, cleanup and disposal of the overflow material as well as its expense. It is the responsibility of the producer to immediately notify the Township FOG Administrator of the incident. The notification shall include the location of the overflow, the type of material, the volume and corrective actions. Within five days of the overflow, the producer shall submit to the Township a detailed written report describing the cause of the overflow, steps taken to contain the overflow, steps taken to prevent it from occurring again and the cleanup of the overflow.
I. 
Class 1 and Class 2 producers must keep on site a current grease interceptor and grease trap cleaning log. Included on the cleaning log shall be the following information: date, time, who did the cleaning, volume of waste disposed of, location of disposal, and manifest if done by an outside hauler. Permit renewals shall require submission of the prior year's cleaning log.
J. 
The Township reserves the right to inspect a connected residential user(s) of the POTW if evidence within the POTW indicates that a significant buildup of FOG is occurring within proximity of the residential user(s) and that such evidence cannot be attributed to Class 1 or 2 producers. Sampling will occur at the residential lateral cleanouts whenever possible.
K. 
All producers are prohibited from pouring, dumping or otherwise introducing any FOG into the Township stormwater sewer system.
[Added 6-20-2018 by Ord. No. 2372-18]
A. 
Permit fees shall be as established in § A300-27.
B. 
The following permits shall apply to all Class 1 and Class 2 producers contributing to the POTW:
(1) 
Initial permit.
(2) 
Annual permit renewal.
C. 
All permit fees are the responsibility of the producer and must be paid within 30 days. Bills remaining unpaid after the due date will be charged additional interest at the rate of 6% per annum. Producers with unpaid permit fees shall be prohibited from obtaining any further annual permit renewals.
D. 
Any change in the rate and/or fees charged shall be made by a resolution adopted by the Township of Cheltenham Board of Commissioners.
A. 
The Township shall suspend any FOG permit held by a producer if the producer does not adhere to the requirements of this article. Once the permit is suspended, the producer shall not discharge to the POTW until the permit is reinstated. The permit shall remain suspended until the producer demonstrates proof that the noncompliance was eliminated.
B. 
The methods of enforcement shall include the issuance of an NOV and/or the assessment of a monetary penalty as defined in §§ 238-32 and 238-33.
C. 
Should the FOG inspectors need to sample any producer, the producer shall be responsible for the costs required for the analytical laboratory to perform the analysis of the sample. Payment must be paid within 30 days of the date on which the FOG Administrator mails a bill to the producer. Bills remaining unpaid after such thirty-day period will be charged interest at the rate of 6% per annum.
D. 
Any costs incurred by the Township for cleaning the producer's FOG from the POTW and/or penalties, fines or other costs incurred by the Township for the producer's FOG shall be the responsibility of the producer. Payment must be paid within 30 days of the date on which the FOG Administrator mails a bill to the producer. Bills remaining unpaid after such thirty-day period will be charged interest at the rate of 6% per annum.
In addition to all other remedies available to it, the Township shall have the right to issue a NOV(s) and/or impose a monetary penalty(ies), as hereinafter set forth in § 238-33, for a violation of any requirements of this article. The following factors shall be considered in imposing any and all monetary penalties:
A. 
Damage to the air, water and land of the Township and surrounding townships.
B. 
Damage and/or harm to the POTW and/or its personnel.
C. 
Past violations and compliance history.
D. 
The producer's willingness and efficiency to comply; response to the NOV in a timely manner; notification to the Township; and quick, effective corrective action to eliminate the noncompliance.
E. 
Magnitude of the violation.
The following is a schedule of violations and maximum penalties to be assessed. Payment must be paid within 30 days of the date on which the FOG Administrator mails a bill to the producer. Bills remaining unpaid after such thirty-day period will be charged interest at the rate of 6% per annum.
A. 
Failure to clean oil and grease interceptor/grease trap (first offense): NOV.
B. 
Failure to clean oil and grease interceptor/grease trap (second offense) according to schedule: NOV plus a penalty of up to $250.
C. 
Failure to clean oil and grease interceptor/grease trap (third offense and thereafter) according to schedule: NOV plus a penalty of up to $500 for every day the cleaning is not completed.
D. 
Failure to clean oil and grease interceptor/grease trap four or more times within a twelve-month time period: NOV plus a penalty of up to $1,000 and the revocation of the producer's permit.
E. 
Failure to keep and maintain cleaning log with necessary hauling manifests (first offense): NOV plus a penalty of up to $100.
F. 
Failure to keep and maintain cleaning log with necessary hauling manifests (second offense): NOV plus a penalty of up to $200.
G. 
Failure to keep and maintain cleaning log with necessary hauling manifests (third offense and thereafter): NOV plus a penalty of up to $300.
H. 
Failure to keep and maintain cleaning log with necessary hauling manifests four or more times within a twelve-month time period: NOV plus a penalty of up to $500 and the revocation of the producer's permit.
I. 
Overflow of oil and grease interceptor/grease trap: NOV plus a penalty to be assessed by factors set forth in § 238-32, plus the violator will be liable for the entire cost of cleanup of site.
J. 
Failure to notify FOG Administrator of overflow immediately: NOV plus a penalty of up to $1,000. Within five days, an overflow report must be submitted to the FOG Administrator.
K. 
Failure to submit FOG overflow report within five days to FOG Administrator: NOV plus a penalty of up to $250.
L. 
Deliberately pouring FOG into the sewer system, including pouring anything that will wash out the oil and grease interceptor/grease trap: NOV plus a penalty of up to $5,000.
M. 
Discharging more than 100 mg/l of fats, oil and grease: NOV plus a penalty of up to $100.
[1]
Editor's Note: Ordinance No. 2269-13 also provided the following clause regarding additional remedies: "Any producer which refuses or fails to comply with any of the provisions of this article, in addition to the enforcement proceedings, fines, and penalties set forth in Sections § 238-31, § 238-32, and § 238-33 may suffer discontinuance of water service and/or shall be subject to all other remedies available to the Township at law, or in equity, or both. Each owner of a regulated facility shall be deemed to have joint and severable liability and responsibility under the provisions of this Ordinance."
The FOG Administrator shall have the power to establish additional appropriate rules and regulations for the administration and enforcement of the provisions of the FOG Program.