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Borough of Lincoln Park, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-17-2014 by Ord. No. 18-14, effective 12-9-2014 (Ch. 132 of the 1991 Code); amended in its entirety 6-15-2015 by Ord. No. 15-15, effective 7-5-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Food and food establishments — See Ch. 269.
Sewers and sewage disposal — See Ch. 384.
The purpose of this chapter is to aid in the prevention of sanitary wastewater system blockages, backups and obstructions from contributions and accumulation of fats, oils, and greases into the sanitary wastewater system from all food service establishments and any and all retail, industrial or commercial establishments.
As used in this chapter the following terms shall have the meanings set forth below:
BOROUGH
Borough of Lincoln Park.
BROWN GREASE
Waste vegetable oil, animal fat, grease, etc., that is recovered from the wastewater 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/FOOD SERVICE ESTABLISHMENT
Any permanently fixed location that produces, prepares, processes, handles and/or serves food that contains grease or produces grease as a by-product as part of its retail business and/or business activity. The term shall also be given its normal industry definition. This term shall not include those establishments that sell only prepackaged food/drink that does not require that food/food service establishment to produce, prepare, process, handle and/or serve the food/drink within that establishment.
GREASE TRAP
Device that separates and collects oil, grease and settleable solids at the entrance of the sanitary wastewater system, thereby preventing them from traveling through the wastewater pipes and treatment system.
INSPECTING OFFICIAL
Employee and/or representative of the Borough of Lincoln Park Department of Engineering and Development, Department of Public Works and Utilities and/or Health Department.
MANUFACTURER, PROCESSOR or DISTRIBUTOR
Any business that manufactures, processes and/or distributes food and/or food products as part of its wholesale business.
USER
Any person who contributes, causes or permits the discharge of wastewater into the sanitary wastewater systems within the Borough's boundaries.
YELLOW GREASE
Grease derived from used cooking oil from the food industry as typically found in frying oils from deep fryers.
A. 
All existing, proposed, or newly remodeled food establishments within the Borough 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. 
All new construction and/or installation shall require that waste disposals and commercial dishwashers do not discharge into the grease trap(s).
D. 
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.
E. 
The grease trap shall be in proper operation and efficiency, at the owner's expense, at all times.
F. 
Cleaning of grease trap shall be done at a minimum biweekly or more often as required, with complete removal of all contents, including floating materials, wastewater, bottom sludge and solids.
G. 
Disposal of waste material from the grease trap shall be discarded in accordance with all applicable federal, state, county and local laws, rules, code provisions and/or regulations. Contents of the grease trap shall be disposed by a private waste hauler firm hired by the establishment, with written documentation of waste hauler name, address, phone number, dates waste removed and volume in gallons, type of grease (yellow or brown), and such records shall be maintained on premises for a period not less than 24 months and made available to the inspecting official upon request. In no event shall the waste material removed from the grease trap be returned to any private or public portion of the Borough's sanitary sewer system.
H. 
A maintenance log shall be kept up-to-date and include the time, date and signature of the person performing the biweekly or more often maintenance/cleaning. Such log shall be maintained on premises for a period not less than 24 months and made available to the inspecting official upon request.
All food establishments regulated under/pursuant to this chapter shall adhere to best management practices dealing with fat, oil and grease disposal and shall educate their employees on these practices. Best management practices include but are not limited to the following:
A. 
Training staff on grease handling procedures.
B. 
Hanging/displaying grease handling posters in all applicable areas.
C. 
Instructing employees that food waste shall not be disposed/discharged into the sanitary sewer system.
D. 
Providing appropriate paper towel dispensers for dry-wiping grease from spills, pots, fry grilling equipment, and other surfaces saturated with fat, oils and grease residue.
E. 
Using strainer baskets in sinks to catch food waste.
F. 
Directing all drains from grease-producing surfaces to a properly sized grease trap.
G. 
Ensuring that the hot water in food establishments is less than 139° F.
A. 
The inspecting official shall have the authority to perform periodic inspections of those establishments generating fat, oil or grease in their operations and shall notify the user of any additional required maintenance or repairs within a stated time period. The user may be required to install, at his sole cost and expense, additional controls to provide a complete system which prevents discharges of undesirable materials into the sanitary wastewater system.
B. 
Access to grease traps by an inspecting official shall be provided during normal business hours, unless an emergency situation requires access during off-business hours, then access shall be provided to the inspecting official immediately upon request.
A. 
All food establishments must employ, at their own cost and expense, a licensed plumber to conduct an annual inspection of their grease traps and connecting wastewater lines to ensure that waste fat, oil and grease are being adequately removed from the wastewater before being discharged into the sanitary wastewater system, and that wastewater temperature does not exceed 139° F. The licensed plumber shall provide a formal inspection report to the food establishment within two weeks of the inspection. The inspection report shall include, but not be limited to, the maintenance and efficiency of the grease trap, amount of oil and grease found in connecting wastewater lines, percentage of oil and grease being removed from wastewater being discharged into the sanitary wastewater system, and temperature of the wastewater.
B. 
In addition to the mandatory annual inspection set forth above, the inspecting official shall have the authority to conduct inspections pursuant to a complaint, for new construction or installation, and such other periodic inspections that the inspecting official deems necessary and appropriate.
C. 
A formal inspection report by a licensed plumber is required for the issuance of an annual food license by the Health Department for all food establishments that produce, serve, handle and/or prepare oil, fat and/or grease in the course of business.
D. 
Upon written notification by the inspecting official, the user shall be required to perform the maintenance and/or repair within the time period set forth by the inspecting official. Upon inspection by the inspecting official, the user may be required to install, at his sole cost and expense, additional controls to provide a grease trap system which prevents discharges of any and all grease(s) as defined herein.
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, treat, or otherwise eliminate fats, oils and/or grease, shall not be considered an acceptable substitute for the installation and maintenance of a grease trap as required herein.
A. 
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 any nature whatsoever to the Borough, the inspecting official shall invoice the owner/user for the costs incurred by the Borough. If the invoice is not paid within seven days of receipt, the inspecting official shall notify the Borough Attorney to take any and all actions as shall be appropriate to seek reimbursement.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
An inspection fee shall be imposed for all inspections performed by an inspecting official as a result of a complaint and/or violation against a food establishment and/or manufacturer, distributor or processor, in the amount as provided in Chapter 34, Fees, § 34-11.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
For each reinspection carried out pursuant to an unresolved complaint and/or violation, a fee as provided in Chapter 34, Fees, § 34-11, shall be imposed.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Any person who violates any section of this chapter is subject to the following fines:
(1) 
First offense: up to $250 per day until the violation is corrected, plus reimbursement of costs and damages;
(2) 
Second offense: up to $500 per day until the violation is corrected, plus reimbursement of costs and damages; and
(3) 
Third or more offenses: $1,000 per day until the violation is corrected, plus reimbursement of costs and damages. In addition, the Borough may terminate/close the user's ability/access to the Borough sanitary sewer system.