[Adopted 9-12-2016 by Ord. No. 2016-11]
To aid in the prevention of contributions, discharges, and accumulation
of fats, oils and greases into the public sewage system from industrial
or commercial facilities, including but not limited to, food preparation
and serving facilities and automobile service stations which may result
in the delivery of exceptional strength wastewater to the system,
to regulate such contributions, discharges and accumulations through
a permitting process; and to properly assess the costs associated
with the monitoring and regulation of such facilities, and the treatment
of fats, oils and greases delivered to the system.
As used in this article, the following terms shall have the
meanings indicated:
Wastewater which, at the time it enters the system, exceeds
one or more of the following strength parameters:
A facility or establishment, other than a single family residential
dwelling, regularly engaged in activities of preparing or serving
or otherwise making food available for consumption which uses one
or more of the following preparation techniques: cooking by frying
{all methods); baking (all methods), grilling, sauteing, rotisserie
cooking, broiling (all methods), boiling, blanching, roasting, toasting,
or poaching. Also included as a technique and for purposes of this
definition are infrared heating, searing, barbecuing, and any other
food preparation activity which produces a nondrinkable food product
in or on a receptacle that requires washing. These facilities include
restaurants, cafeterias, hotels, motels, hospitals, nursing homes,
schools, grocery stores, prisons, jails, churches, camps, caterers,
concessions, manufacturing plants, or any other industrial or commercial
establishments, except residential establishments, which discharge,
or are likely to discharge, grease into the system.
Material composed primarily of fats, oil, and grease from
animal or vegetable sources. The terms fats, oil, and grease may be
used interchangeably in this article under this single definition.
A device for separating and retaining waterborne grease and
grease complexes prior to the wastewater exiting the trap and entering
the system. These devices also serve to collect settleable solids,
generated by and from food preparation and other activities which
discharge grease, prior to water exiting the trap and entering the
system. The grease trap/interceptor shall be properly sized to handle
the expected flow from the facility.
A device that is specifically designed and manufactured to
separate oil from water, and permits the oil to be collected and removed
on a regular basis as to prevent it from being discharged into the
system. The oil/water separator shall be properly sized to handle
the expected flow from the facility.
Any activity which results in the discharge by a regulated
facility of any wastewater into the system.
Any food service facility and any other commercial establishment
within the Township, except residential, which contributes, discharges
or accumulates grease which enters the system, or which discharges
waste into the system of the types described in Township Codified
Ordinances.
Any public sanitary sewage collection system used in Newtown
Township.
Any person or establishment including those located outside
the jurisdictional limits of Newtown Township who or which contributes,
causes, or permits the contribution or discharge of wastewater into
the system, including persons who contribute such wastewater from
mobile sources, such as those who discharge hauled wastewater.
A.Â
When required.
(1)Â
Existing facilities. Each regulated facility shall obtain an industrial
waste discharge permit from Township in accordance with the requirements
as described in the Township pretreatment ordinance or to be in acceptance
by the wastewater treatment facility's requirements. This permit,
if not sooner obtained, shall be acquired by each such user no later
than June 30, 2017. From and after June 30, 2017, no entity as described
in this paragraph shall discharge into the system without a valid
unrevoked permit for each regulated facility.
(2)Â
Renovated and altered facilities. Each regulated facility which is
altered or renovated in a manner which in any way affects the nature
or composition of its sewage discharge, or which alters its sewage
discharge lines or facilities, or any monitoring or collection devices
associated therewith, shall be required to obtain a new industrial
waste discharge permit.
(3)Â
New facilities. From and after June 30, 2017, no use which when placed
in operation will constitute a regulated facility may commence operation
without an industrial waste discharge permit.
B.Â
Transfer of permits. Any changes in control or ownership of a regulated
facility will require the issuances of a new permit before the commencement
of operations under such new control or ownership. Each new user or
operator shall be responsible for notifying Township of a change in
control or ownership.
C.Â
Duration. An industrial waste discharge permit shall, if not revoked,
expire three years after the issuance date. Permits may be revoked
for noncompliance with the provisions of this or any other Township
ordinance, or for nonpayment of user fees, monitoring costs, industrial
waste surcharges, or service fees.
D.Â
Cost. The cost of an industrial waste discharge permit shall be established from time to time by resolution of the Board of Supervisors. The initial permit fee shall be $300. Permit fees shall be adequate to pay the reasonable cost to the Township of the monitoring, sampling flow measurement, testing and inspection required by § 130-34 of this article, and of administering the Township permitting program. Regulated facilities which operate without an industrial waste discharge permit at any time subsequent to June 30, 2017, shall be assessed and shall pay a minimum service charge of $100 for each day of unpermitted operation up to $1,000 per day. See § 130-7B of Newtown Code.
E.Â
Property rights. Each issuance of a permit does not convey any property
right to the permittee.
A.Â
Each food service and regulated facility which operates more than
15 days in any calendar month shall install, regularly dispose of
material from, and properly monitor grease traps for damage to assure
that they properly function. Any regulated facility which does not
utilize a properly functioning grease trap as of the date of the adoption
of this article shall install such a grease trap on or before June
30, 2017. Unless determined to be infeasible by the Township and/or
Municipal Authority, any grease trap installed subsequent to the adoption
of this article shall be located outside the portion of the facility
in which grease is introduced into sanitary sewer discharge lines,
shall be separate from the regular sanitary sewage discharge line/lateral,
and shall be accessible through a manhole with a minimum diameter
of 24 inches with a readily removable cover. A separate monitoring
location shall be provided downstream of the grease trap. Grease trap/interceptors
shall be properly sized to handle the expected flow from the facility.
B.Â
No regulated facility shall be renovated, altered, opened or reopened
after the date of this article without a grease trap which meets the
criteria of this section.
A.Â
Each regulated facility which operates more than five days in a calendar month shall install or provide a sampling port on the discharge side of each grease trap installed and maintained in accordance with the prior section of this article. Any regulated facility which does not possess a sampling port which adequately permits the sampling, flow measurement, testing and inspection required by § 130-35 of this article, shall install such a sampling port on or before June 30, 2017. The sampling port must permit the collection of representative samples of the wastewater discharge of each regulated facility before the samples reach the system, and in a manner which provides sufficient volume for thorough chemical analysis.
B.Â
No regulated facility shall be renovated, altered, opened or reopened
after the date of this article without a sampling port which meets
the criteria of this section.
A.Â
Generally. The permittee of each regulated facility which operates
more than five days in any calendar month shall sample its wastewater
discharge in accordance with this section, and shall provide a discharge
monitoring report to Township not less frequently than semiannually,
with reports to be submitted no later than June 30 and December 31
of each calendar year. Each discharge monitoring report shall specify
the date and time of sampling. Each regulated facility shall meet
the sampling and reporting requirements of this section not later
than June 30, 2017.
B.Â
Standards. All measurements, tests, and analyses of the characteristics
of waters and wastes to which reference is made in this article shall
be determined in accordance with the latest edition of "Standard Methods
for Examination of Water and Waste Water," published by the American
Public Health Association and shall be determined at the sample port
provided by the required facility, upon suitable samples taken at
such sample port. In the event that no sample port has yet been installed,
the sampling location shall be the nearest downstream manhole in the
system to the point at which the regulated facility sewer is connected.
In the event that a system manhole is used as the sampling site, the
manhole may be used by permittees for such sampling only, but no permittee
or representative of permittee may physically enter the system. Sampling
shall be carried out by customarily accepted methods to reflect the
effect of discharged materials upon the system and the applicable
receiving wastewater treatment facility and to determine the existence
of hazards to life, limb, and property. The particular analysis involved
will determine whether a twenty-four-hour composite of all outfalls
of a regulated facility are appropriate or whether a grab sample or
samples must also be taken.
C.Â
Joint and several responsibility. Both the owner and the operator
of each regulated facility connected to the system shall be jointly
and severally responsible to provide Township and its representatives
and agents the opportunity of access at any time to any part of any
regulated facility served by the system as shall be required for purposes
of inspection, measurement, sampling and testing and for performance
of other functions relating to service rendered by Township in regard
to the system.
D.Â
Sampling requirements. All sampling shall be accomplished and all
discharge monitoring reports shall be submitted by qualified individuals
acceptable to Township. Well defined chain-of-custody and record keeping
methods acceptable to Township shall be employed.
E.Â
Discharge reports. Discharge reports shall not only characterize
the nature of wastewater samples taken, but shall also describe the
condition of, and cleanliness of each grease trap. At no time may
the combined grease and settled solids of any grease trap exceed 25%
of the depth of the grease trap. Discharge reports shall also identify
each date and time material was removed from a grease trap since the
last report. The report shall state with specificity the qualified
and licensed person or entity who or which disposed of material from
the grease trap, shall include written certifications as to what was
removed, the lawful disposition of the materials removed, and the
location of their disposal.
F.Â
Removal and disposal. Material shall be removed from grease traps
before the combined grease and settled solids accumulate to a depth
of 25% of the total depth of the grease trap, and not less frequently
than once every 90 days. Disposal of all removed material shall be
accomplished by a qualified and licensed person or entity. Cleaning
shall include removal of all floating material, wastewater, grease
and settled solids. Decanting or discharging of removed waste back
into the grease trap, or otherwise into the system, is prohibited.
G.Â
Maintenance log. A maintenance log regarding the cleaning of each
grease trap shall be maintained by each regulated facility for a period
of at least the prior 36 consecutive months. The log shall include
the date, time, amount pumped, the identity of the hauler and the
disposal location, and shall be made available to the Township and/or
Municipal Authority promptly upon request.
H.Â
Monitoring costs. To the extent that permit fees do not fully compensate
Township and/or Municipal Authority for their monitoring of the information
to be supplied by permittee, and for independent sampling and testing,
if any is accomplished by Township, such costs will be assessed against
the permittee as monitored. Permittees may be assessed progressively
higher charges for monitoring, testing and sampling accomplished following
each instance in which a permittee is noncompliant with Township regulatory
requirements including introducing exceptional strength wastewater
into the system. Such progressive charges shall be established by
Township and/or Municipal Authority from time to time by separate
ordinance.
All car washes, truck washes, garages, service stations, car
and truck maintenance facilities, fabricators, utility equipment shops,
and other facilities identified by Township and/or Municipal Authority
as likely sources of sand, soil and oil shall install effective sand,
soil and oil traps, interceptors, and/or oil/water separators. These
separators shall be sized to effectively remove sand, soil, and oil
at expected flow rates. These separators shall, at the user's expense,
be regularly cleaned or pumped to prevent any adverse impact upon
the system. Users whose systems are deemed to be ineffective by Township
and/or Municipal Authority shall change the cleaning frequency or
shall increase the size or methodology of the separator. Owners or
operators of washing facilities are required to prevent the inflow
of detergents and rainwater into the system. Sampling locations shall
be provided by all such users no later than June 30, 2017.
Excess strength charges shall be levied by Township and/or Municipal
Authority against any owner or operator of any operation which discharges
exceptional strength wastewater into the system. The Township charge
shall be equal to the exceptional strength load determined through
monitoring, times the estimated quarterly rates charged by the Newtown
Township or Newtown Township Municipal Authority plus an administrative
fee of 10%.
Township and/or Municipal Authority reserves the right to request
additional. control measures if existing control, sampling, measurement,
testing or inspection systems are determined by Township and/or Municipal
Authority to be insufficient to protect the system from damages due
to grease, sand, soil, oil or other discharges, or if a permittee's
efforts to eliminate excess strength discharges are unsuccessful.
Any owner or operator which refuses or fails to comply with
the requirements of this article shall, following a thirty-day notice
of its noncompliance, either cease all wastewater discharges into
the system, or shall, at the option of Township and/or Municipal Authority,
suffer a discontinuance of water services, or shall be subject to
all other remedies available to Township and/or Municipal Authority
at law or in equity, or both. Such owner or operator may also be subject
to fines and penalties levied by the Township and/or Municipal Authority.
Each owner and operator of a regulated facility shall be deemed to
have joint and severable liability and responsibility under the provisions
of this article.
