Township of Upper Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 2-1-2016 by Ord. No. 550. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 60.
Sewers and sewage disposal — See Ch. 143.
Solid waste — See Ch. 148.
The purpose of this chapter is to provide for the regulation, inspection and maintenance of oil and grease interceptor systems; to allow Township intervention in situations which may constitute a nuisance or hazard to the public health, safety and welfare; to allow Township inspection of records and devices for the removal of FOGs from the public sewer collection system and POTW; and to establish penalties and appeal procedures necessary for the proper enforcement of this program.
For the purpose of this chapter, certain words shall have the meanings assigned to them, as follows:
AUTHORIZED AGENT
An employee of Upper Providence Township or consultant who is authorized to function as an agent of the Board of Supervisors to administer or enforce the provisions of this chapter.
BOARD
The Board of Supervisors, Upper Providence Township, Montgomery County, Pennsylvania.
FATS, OILS AND GREASES (FOG)
Organic compounds derived from animal and/or vegetable sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
MCHD
The Montgomery County Health Department.
OIL AND GREASE INTERCEPTOR
A system of piping, tanks or other facilities serving a single property and intended for the collecting and holding of waste oil and grease to include gravity and hydromechanical grease interceptors and any other devices approved by the authorized agent for the removal of FOGs from the collection system and POTW.
PADEP
The Pennsylvania Department of Environmental Protection.
PERSON
Any individual, partnership, corporation, limited liability company or any other legal entity.
POTW
Publically owned treatment works.
TOWNSHIP
Upper Providence Township, Montgomery County, Pennsylvania.
A. 
The provisions of this chapter shall apply to all commercial, industrial and institutional establishments located within the Township.
B. 
Oil and grease interceptors shall be provided when required by the Township Plumbing Code or by an authorized agent of the Township.
C. 
Oil and grease interceptors shall not be required for residential users.
D. 
This chapter shall apply to both new and existing facilities generating fats, oil or greases as a result of manufacturing, processing or preparing food. These facilities include, but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, groceries, convenience stores, any other facility preparing, serving or otherwise making any food available for consumption or any industrial process disposing of FOGs into the public sewer collection system.
E. 
No person may intentionally or unintentionally allow the direct or indirect discharge of any fats, oils or greases into the public sewer system in such amounts as to cause interference with the collection, conveyance and treatment system, or as to cause pollutants to pass through the POTW into the environment.
A. 
Oil and grease interceptor systems shall be designed or selected by an experienced design professional and approved by a certified agent of the Township. Oil and grease interceptors shall be located where easily accessible for cleaning and inspection.
B. 
Oil and grease interceptors shall comply with the provisions of the Pennsylvania Construction Code Act[1] and those sections of the code regulating "Traps, Interceptors and Separators" of the International Plumbing Code, as adopted by the Township.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
A. 
No person shall install, construct or alter an oil and grease interceptor system, or occupy any building or structure for which an oil and grease interceptor is required without first receiving a permit from the Township. Said permit shall identify the site and indicate that the plans and specifications for the system are in compliance with the provisions of this chapter.
B. 
After receipt of all required approvals, any person desiring to construct permitted oil and grease interceptor system shall notify and schedule an inspection with the Code Enforcement Officer of the Township. A minimum of 24 hours' advance notice must be given.
C. 
No building or occupancy permits shall be issued for a new building that will generate sewage containing FOGs until all devices installed for the removal of FOGs have been inspected and approved as required in the Pennsylvania Construction Code Act[1] by a certified authorized agent of the Township.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
D. 
No building or occupancy permits shall be issued, and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase of sewage containing FOGs from the structure, until the owner receives a permit for alteration or replacement of the existing oil and grease separator from the Township.
A. 
All persons responsible for the operation of oil and grease interceptors shall conduct weekly self inspections of the facility's condition and operation and keep written document of the same.
B. 
Any oil and grease interceptor and any required manifest or record may be inspected by an authorized agent of the Township without advance notice to the person owning or operating said oil and grease interceptor. Inspections may take place at any reasonable time.
C. 
An inspection may include, but not be limited to, a physical inspection of the premises including food preparation areas, internal inspection of the oil and grease interceptor, review of operational records and manifests of grease removal, and verifying the sources of flow into the oil and grease interceptor by introducing a traceable substance into the facility plumbing.
D. 
Operation of new oil and grease interceptors may not commence until the facility has been inspected by an authorized representative of the Township and an operating permit issued. Following startup, a written schedule of routine inspections shall be established based on the nature of the grease producing operation.
E. 
All oil and grease interceptors in operation at the time of adoption of this ordinance shall be inspected by an authorized agent of the Township within six months of the date of adoption. A written schedule of routine inspections shall be established based on the nature of the grease-producing operation.
F. 
Inspection of an oil and grease interceptor known or alleged to be malfunctioning may occur at any time. Should the inspection verify the existence of a malfunction, the person owning or operating said oil and grease interceptor shall be ordered to take corrective actions in accordance with this chapter and the rules and regulations of the Township, MCHD and PADEP.
A. 
Persons owning and/or operating oil and grease interceptors shall limit discharges to those facilities to oil- and grease-bearing wastewater from kitchens and food processing operations.
(1) 
Prohibited discharges shall include:
(a) 
Automotive fluid;
(b) 
Mineral and petroleum based oils;
(c) 
Industrial waste;
(d) 
Toxic substances;
(e) 
Groundwater and surface runoff.
(2) 
No surfactants, solvents, emulsifiers or other chemicals designed to dissolve or allow grease to pass through the interceptor shall be introduced into the interceptor or any of its associated piping.
(3) 
Sewage generated by bathrooms, toilets and other non-food related activities located on the same premises shall not be discharged to oil and grease interceptors but rather, piped around the interceptor and thence to the public sewer.
B. 
Every person owning a facility served by an oil and grease interceptor shall have the oil and grease interceptor pumped by a qualified pumper/hauler within 60 days the effective date of this chapter. Thereafter, the oil and grease interceptor shall be pumped and cleaned no less frequently than once every 30 days or whenever an inspection reveals that the oil and grease interceptor is filled with grease on the surface or with solids at the bottom in excess of one-third of the liquid depth of the tank.
(1) 
Any person who owns or operates a grease interceptor may submit to the Township a request in writing for an exception to the thirty-day cleaning frequency of their grease interceptor. Then Township may grant an extension for the cleaning frequency on a case-by-case basis when:
(a) 
The grease interceptor owner/operator has demonstrated the specific interceptor will produce effluent, based on defensible analytical results, in consistent compliance with established local discharge limits such as BOD, TSS, PH, FOG or other parameters as determined by Chapter 143 of the Code of the Township of Upper Providence.
(b) 
Less than 25% of the wetted height of the grease interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases.
(2) 
In any event, a grease interceptor shall be fully cleaned, evacuated, and inspected at least once every 90 days.
C. 
Manifest receipts from the pumper/hauler shall be retained by the person responsible for the oil and grease interceptor and a copy shall be submitted annually to the Township Code Enforcement Officer or Sewer Department electronically. Each pump-out manifest shall include a written statement from the pumper/hauler that the piping and baffles in the oil and grease interceptor have been inspected and an assessment of their condition.
D. 
The Township can order an increase in the pumping frequency if it is determined that the oil and grease interceptor is undersized, if solids build up more rapid than the interceptor can easily accommodate, if the hydraulic or grease loading to the system increases suddenly or if malfunctions or other system deficiencies, in the opinion of an authorized agent of the Township, demand more frequent pumping.
E. 
Maintenance and repairs to the physical facilities associated with the oil and grease interceptor system shall be conducted in accordance with the recommendations of the system manufacturer, a qualified pumper/hauler or the authorized representative of the Township. Repairs may only be conducted following receipt of approval from the Township Code Enforcement Officer. Following Township approval, repairs shall be completed within 30 days.
F. 
Additional maintenance such as pipe cleaning, unclogging of piping, removal of surface and underground obstructions, and general service of the facility shall be performed by the person responsible on an as-needed basis.
G. 
Oil and grease interceptors shall limit the concentration of grease discharge into the public collection system to a level not to exceed 100 milligrams per liter. The discharges from oil and grease interceptors shall also comply with prohibited discharge standards. An authorized representative of the Township shall have the right to sample the discharge from an oil and grease interceptor at any reasonable time without advance notice to the person responsible for said oil and grease interceptor. If the concentration of pollutants in the discharge from the oil and grease interceptor is found to be in violation of standards contained in the Township Code (specifically Chapter 143, Article VI, § 143-56), a written notice of violation shall be issued to the person responsible for said interceptor describing the nature of the violation and requiring that the cause of the violation be identified and remedied within 60 days of said notice.
H. 
The authorized agent of the Township shall have the authority to require the repair or replacement of a malfunctioning oil and grease interceptor. If the person responsible for the malfunctioning oil and grease interceptor fails to repair or replace the system as required under the terms of this chapter, the Township shall have the authority to perform, or contract to perform, the work required. The person responsible for the malfunctioning oil and grease interceptor shall be invoiced for the work performed and, if necessary, a lien shall be entered against the property in accordance with law.
A. 
Any persons responsible for an oil and grease interceptor system shall keep records with regard to the pump out, repair and other maintenance associated with said system. Manifests for grease removal shall be kept for a period of two years. Permits and records of system repairs shall be kept indefinitely.
B. 
Each pump out of an oil and grease interceptor shall be documented by a manifest filled out by the pumper/hauler and acknowledged by the person responsible for the facility. The manifest shall include, at minimum, the following information:
(1) 
Name and contact information for the pumper/hauler.
(2) 
License number of the pumper/hauler.
(3) 
Date and location of the pump out.
(4) 
Location and permit number of the disposal facility.
(5) 
Volume of grease removed.
(6) 
Signature of person responsible for the oil and grease interceptor.
C. 
Copies of manifests shall be provided to the person responsible for the interceptor, the pumper/hauler and the Township. The Township's manifest copy shall submitted annually to the Township Code Enforcement Officer/or Sewer Department electronically.
Grease removed from oil and grease interceptors located in the Township shall be disposed of in accordance with the requirements of the Solid Waste Management Act[1] and all applicable rules and regulations, and shall be disposed of only at sites or facilities approved by PADEP. It shall be the responsibility of the person responsible for the oil and grease interceptor to verify that the pumper/hauler is disposing of grease in the appropriate manner.
[1]
Editor's Note: See 35 P.S. § 6018.101 et seq.
A. 
The Board of Supervisors of the Township shall establish administrative procedures necessary to carry out the provisions of the chapter. By resolution, the Board of Supervisors may establish a fee schedule, and authorize the collection of fees, to cover the cost to the Township of administering this program.
B. 
The Township shall also fully utilize those powers that it possesses through other enabling statutes and ordinances to affect the purposes of this chapter.
C. 
All permits, records, manifests, and other written material related to the installation, operation, maintenance and repair of oil and grease interceptor systems in the Township shall become the property of the Township.
A. 
Anyone aggrieved by a decision of the authorized agent of the Township may appeal said decision by submitting an appeal in writing to the Board of Appeals within 10 days from the date of written notification of the decision in question.
B. 
The aggrieved individual shall be entitled to a hearing before the Board of Appeals, or its designee, within 45 days of the written appeal. Either party, by good cause shown, may extend the time for the hearing, but the final decision shall be left to the discretion of the Board of Appeals or its designee. Additional items may be introduced at the hearing by the aggrieved individual, provided that it is submitted with the written notice of appeal.
C. 
A written decision shall be rendered within 45 days of the conclusion of the hearing and all related proceedings.
Any violation of any provision of this chapter shall be deemed a summary criminal offense and shall be subject to a fine of not more than $1,000 plus court cost for each day that the offense continues. Each day of noncompliance shall constitute a separate offense.