[HISTORY: Adopted by the Borough Council of the Borough of Newtown as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2012 by Ord. No. 730 (Ch. 94 of the 1982 Code)]
Unless the context specifically and clearly indicates otherwise, the meanings of the terms used in this article shall be as follows:
25% RULE
If the depth of scum and solids in the interceptor exceeds 25% of the usable volume, then the grease interceptor must be pumped out.
AUTHORITY
The Newtown, Bucks County, Joint Municipal Authority, its employees and/or its Engineer.
AUTHORIZED AGENT
The Borough has delegated the Newtown, Bucks County, Joint Municipal Authority to carry out the provisions of this article.
BEST MANAGEMENT PRACTICES
Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of fats/oils/greases (FOG) to the sewer facilities. (Available upon request.)
COUNCIL
The Borough Council of Newtown Borough, Bucks County, Pennsylvania.
DISCHARGE
The introduction of wastewater into the Newtown, Bucks County, Joint Municipal Authority sewer system.
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or semisolid grease interceptor waste into or on any land or water so that such wastewater or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
DISPOSAL FACILITY OPERATOR
An individual who is authorized to accept or reject liquid waste at a disposal site and who is authorized to sign a manifest.
DISPOSAL SITE
A permitted site or part of a site at which grease interceptor waste is processed, treated and/or intentionally placed into or on any land in a manner compliant with all applicable federal, state and local regulations, and at which site said wastewater will remain after closure.
EMULSIFIERS and/or DE-EMULSIFIERS
Any substance or substances which, when added or placed into a grease interceptor, will form an oily substance into a milky fluid in which the fat globules are in a very finely divided state and are held in suspension, giving it the semblance of a solution.
EXISTING FACILITY
Any building, structure or installation from which there is or may be a discharge of wastewater, the construction of which started before the adoption of this article.
FATS, OILS AND GREASE DISCHARGE PERMIT (FOG PERMIT)
The permit issued to a new or existing facility that grants the facility permission to discharge its wastewater into the Authority's sewer system under the conditions of this article.
FOG
Any substance, such as a vegetable, animal or other product, that is used in, or is a by-product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.
FOOD COURTS
Areas predominantly found in shopping centers or festivals where several food preparations establishments having different owners may be sharing seating space and/or plumbing facilities.
FOOD ESTABLISHMENT
Any new or existing facility that cuts, cooks, bakes, prepares or serves food, or which disposes of food-related wastes and/or which has a local, state and/or federal food establishment license.
GARBAGE GRINDER
A device that shreds or grinds up solid or semisolid waste materials into smaller portions for discharge into the sewer system, including a food scrap disposal system.
GENERATOR
A new or existing facility that causes, creates, generates, stores, or otherwise produces wastewater from on-site process operations, whether domestically or commercially generated. The generator is responsible for assuring that the produced wastewater is disposed of in accordance with all federal, state, and local disposal regulations.
GREASE
Waxes, free fatty acids, calcium and magnesium soaps, mineral oils and certain other nonfatty material from animal or vegetable sources, or from hydrocarbons of petroleum origins, commonly found in wastewater from food preparation and food service. Grease may originate from, but not be limited to, discharges from scullery sinks, pot and pan sinks, dishwashing machines, soup kettles and floor drains located in areas where grease-containing materials may exist.
GREASE INTERCEPTOR
A watertight receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect and restrict the passage of grease into the sewer system to which the receptacle is directly or indirectly connected, and to separate and retain grease from the wastewater discharged. Grease interceptors are generally required to be located underground between the food establishment and the connection to the sewer system.
GREASE INTERCEPTOR WASTE
Any grease or organic or inorganic solid or semisolid waste collected and intercepted by a grease interceptor, usually in layers of floatable, suspended, and settleable substances, which are ultimately removed from a grease interceptor for proper disposal.
GREASE TRAP
A grease control device that is used to serve individual fixtures with a capacity of five to 50 gallons, located inside the food establishment.
INSPECTION PORT
Openings with easily opened covers, designed to allow authorized agents quick access to the inlet flow control device, each compartment of the grease interceptor, and the effluent.
LIVING QUARTERS
A new or existing facility, or an area of a new or existing facility, where a person or family has a distinct living area, which includes individual kitchen and bath facilities, utilized solely by that single person or family.
MANAGER
The person, regardless of actual title, immediately on site at a location conducting, supervising, managing, or representing the activities of a generator or a transporter.
MANIFEST
The written, multipart form used as documentation and required to be in the possession of the generator, transporter, and disposal site to document the generation, receipt, transportation, and disposal of grease interceptor waste at a permitted or registered disposal site, and specifying the identity of the generator, transporter, and disposal facility operator and the volume of grease interceptor waste disposed.
MONITORING PORT
An inspection port large enough to allow temporary installation of monitoring devices, such as samplers, strip recorders, flow meters, or other such measuring and/or monitoring devices.
NEW FACILITY
A. 
Any new building, structure, facility, or installation from which there is (or may be) discharge of wastewater, the construction of which commenced after the adoption of this article, provided that:
(1) 
The building, structure, facility, or installation is constructed at a site at which no other wastewater source is located.
(2) 
The building, structure, facility, or installation totally replaces the process or production equipment that causes the discharge of wastewater at the site.
(3) 
The production processes or wastewater-generating processes of the building, structure, facility, or installation are substantially independent of an existing wastewater source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing facility, and the extent to which the new facility is engaged in the same general type of activity as the existing wastewater source should be considered.
(4) 
Any remodeling or modification that results in a new facility as determined by the Borough.
B. 
Construction on a site at which an existing wastewater source is located results in a modification rather than a new wastewater source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Subsection A(2) or (3) above, but otherwise alters, replaces, or adds to existing process or production equipment.
C. 
Construction of a new wastewater source as defined under this paragraph has commenced if the owner or operator has:
(1) 
Begun, or caused to begin, as part of a continuous on-site construction program, any placement, assembly, or installation of facilities or equipment; or significant site preparation work, including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly, or installation of new source facilities or equipment.
(2) 
Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contract, which can be terminated or modified without substantial loss, and contracts for feasibility, engineering and design studies do not constitute a contractual obligation under this subsection.
NPDES
National Pollutant Discharge Elimination System as administered by the Pennsylvania Department of Environmental Protection (PADEP).
OILS and GREASE
Any material, but particularly biological lipids and mineral hydrocarbons, that is recovered as a substance soluble in an organic extracting solvent using an appropriate analytical method approved under 40 CFR 136. It also includes other material extracted by the solvent from an acidified sample and not volatilized during the extraction procedure.
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough.
PERMITTEE
A person issued a permit under this article, including any agent, employee, or authorized person of the permittee.
PERSON
Any individual, partnership, company, association, corporation or other group or entity.
REASONABLE HOURS
Any time during which a facility is open for business to the public. It shall also include those times when a facility is closed to the public when a manager, employees and/or contractors are present at the facility and involved in cleanup or food preparation or any other business activity.
SEWER SYSTEM
The sanitary sewer system owned by the Newtown, Bucks County, Joint Municipal Authority, including mains, interceptors, pumping stations, force mains, and other related wastewater facilities.
SHOPPING CENTER
A group of architecturally unified commercial establishments built on a site that is planned, developed, owned, and managed as an operation unit for sale or lease, with on-site parking in definite relationship to the types and sizes of stores at the site.
TRANSPORTER
A user who transfers grease interceptor waste from the site of a generator to an approved disposal site. The transporter is responsible for assuring that all federal, state, and local regulations are followed regarding wastewater transport.
UNDER THE SINK GREASE TRAP or INTERIOR ACTIVE INTERCEPTOR
A device placed under or in close proximity to sinks or other fixtures likely to discharge grease in an attempt to separate, intercept or hold grease waste to prevent its entry into the sewer system.
WASTEWATER
The liquid and water-carried wastes from dwellings, commercial establishments, industrial facilities and institutions, whether treated or untreated.
A. 
Wastewater that contains FOG shall be discharged into the sewer system only under the conditions of this article. The following facilities shall discharge all wastewater from sinks, dishwashers, drains, and any other fixtures through which grease may be discharged into an adequately sized, properly maintained and functioning grease interceptor before the discharge enters the sewer system:
(1) 
Every commercial food establishment.
(2) 
All food courts.
(3) 
All other generators discharging grease in amounts that, in the opinion of an authorized agent, will, alone or in concert with other substances from the discharges of other facilities, have a reasonable chance to impede or stop the flow of the sewer system.
B. 
All areas of intensified dwelling, including, but not limited to, adult day-care facilities, assisted-living facilities, convalescent homes, day nursing and childcare facilities in which food preparation occurs, homes for the mentally challenged, hotels, maternity homes, motels in which there is a commercial food preparation service, nursing homes, retirement and life care communities and homes, and truck stops with commercial food service, shall be required to have grease interceptors. Modifications to existing facilities that do not add new buildings or new grease-generating activities are exempt from this requirement.
C. 
Grease interceptors shall not be required for single-family residences, duplexes, triplexes, quadplexes, or apartment complexes, unless an authorized agent first determines there are discharges from the property that may create problems in the sewer system. The determination shall be made based upon an investigation of the property and a comparison of the content and amount of discharge from the property with the discharges of other properties similar in size and use. Upon a determination that the discharges will create problems in the sewer system, the authorized agent may require the installation of a sufficiently sized grease interceptor to treat the discharges.
A. 
On or after the effective date of this article, an existing facility shall be required to install an approved, adequately sized, and properly operated and maintained grease interceptor when any of the following conditions exist:
(1) 
It is found by an authorized agent to be contributing grease in quantities sufficient to cause sewer line stoppages or necessitate increased maintenance on the sewer system in order to keep main line stoppages from occurring.
(2) 
It is remodeling the food preparation or kitchen waste plumbing facilities in such a manner to be subject to a permit.
(3) 
Its grease interceptor allows a discharge of oil and grease in excess of 100 milligrams per liter (mg/l) and the generator does not perform best management practices.
B. 
Existing facilities required by this article or other applicable ordinances to maintain a grease interceptor and that are not equipped with a grease interceptor or are equipped with an undersized grease interceptor shall, within 180 days of the effective date of this article, install an adequately sized grease interceptor in accordance with the specifications of this article.
C. 
If the Borough's authorized agent (Authority) determines that there is a need for installation or upgrading of a grease interceptor on an existing facility, the Authority may order the installation or upgrading of such interceptors. If the Authority orders such installation or upgrade, then the Authority shall serve notice by registered or certified mail upon the owner of such premises. The owner may request and shall be granted a hearing before the Authority. Such hearing shall be requested by filing a petition, in writing, stating the grounds of the petition within five days after notice of the authorized agent's decision and paying an administration fee in an amount as established from time to time by resolution of the Authority. The hearing shall commence within 30 days of filing of the petition unless postponed for good cause. After such hearing, the Authority shall sustain, modify or overrule the action of the authorized agent.
D. 
The Authority may waive the requirement for a grease interceptor, provided the generator can verify that only domestic wastewater is being discharged. The Authority may require testing by the generator in connection with this request, with all costs for this testing being at the generator's expense.
E. 
New facilities required by this article or other applicable ordinances to maintain a grease interceptor shall install such a unit prior to commencement of discharge to the sewer system.
F. 
On or after the effective date of this article, any existing facility or new facility that is required to utilize a grease interceptor must obtain a FOG permit from the Authority.
The following prohibitions shall apply:
A. 
Where FOG are a by-product of food preparation and/or cleanup, reasonable efforts shall be made to separate waste oil and grease into a separate container for proper disposal. Except as contained in by-products of food preparation and/or cleanup, waste oil and grease shall not be discharged to any drains or grease interceptors. Such waste shall be placed in a container designed to hold such waste and either utilized by industry or disposed of at suitable disposal sites.
B. 
None of the following agents shall be placed directly into a grease interceptor or into any drain that leads to the grease interceptor:
(1) 
Emulsifiers, de-emulsifiers, surface active agents, enzymes, degreasers, or any type of product that will liquefy grease interceptor wastes.
(2) 
Any substance that may cause excessive foaming in the sewer system.
(3) 
Any substance capable of passing the solid or semisolid contents of the grease interceptor to the sewer system.
(4) 
Illegal discharge items, such as hazardous wastes, including but not limited to acids, strong cleaners, pesticides, herbicides, paint, solvents, or gasoline.
(5) 
Use of grease interceptor treatment products, including bacteria, designed to digest grease, is specifically prohibited without prior written consent of the Borough.
(a) 
Acceptance of such products for use may be considered only where a valid screening test, showing the product's ability to treat the wastewater and to produce an influent in compliance with this article, has been performed in accordance with methods outlined and approved by the Authority.
(b) 
If a product is approved, each generator shall obtain written permission from the Authority to use the product.
C. 
The influent to grease interceptors shall not exceed 140° F. The temperature at the flow control device inspection port shall be considered equivalent to the temperature of the influent.
D. 
Toilets, urinals, and other similar fixtures shall not discharge through a grease interceptor.
E. 
All waste shall only enter the grease interceptor through the inlet flow control device, then the inlet pipe.
F. 
Where food-waste grinders are installed in a nonresidential establishment, the waste from those units shall discharge directly into the building drainage system without passing through a grease interceptor.
G. 
The concentration of FOG that can be discharged to the sewer system shall not exceed 100 mg/l if the generator does not perform best management practices.
A. 
All new and existing facilities, both commercial and industrial, dealing with grease shall, at the permittee's expense and as required by the Authority:
(1) 
Provide an adequately sized and properly constructed grease interceptor.
(2) 
Maintain backup copies of manifests and service logs, on the premises of the existing facility, for at least five years.
(3) 
Generators are responsible for maintaining grease interceptors in continuous proper working condition. Further, generators are responsible for inspecting, repairing, replacing, or installing apparatus and equipment as necessary to ensure proper operation and function of grease interceptors and compliance with discharge limitations at all times.
(4) 
Allow inspection of the facility and records by authorized agents during reasonable hours.
B. 
Grease interceptor sizing and design criteria.
(1) 
Size, type, and location of grease interceptors shall be in accordance with the manufacturer's instructions and the requirements of the Authority.
(2) 
Applicability. These requirements are applicable to all commercial food establishments, including those that are undergoing:
(a) 
New construction.
(b) 
Interior remodeling to accommodate expansion or operational modifications.
(c) 
Changes of ownership/occupancy.
(d) 
Existing facilities that may be experiencing difficulty in achieving compliance with maintenance and/or wastewater discharge limitations.
(3) 
Sizing requirements. Sizing methods described herein are intended as guidance in determining grease interceptor sizes that will afford the Authority's sewer system a minimum degree of protection against grease and other obstructing materials. In approving a customer's plumbing or grease interceptor design, the Authority does not accept liability for the failure of a system to adequately treat wastewater to achieve effluent quality requirements specified under this article. It is the responsibility of the generator to insure the appropriate level of treatment necessary for compliance with environmental and wastewater regulations. Minimum acceptable grease interceptor sizing shall be accomplished as follows:
(a) 
Sizing according to formulas found in Subsection B(4) below.
(b) 
Under no circumstances should exterior grease interceptors less than 750 gallons be utilized. Where sizing formulas result in determination of a grease interceptor less than 750 gallons in capacity, this minimum size is required.
(c) 
In the circumstance of "single service kitchens" with no food preparation (heat/serve only), and which use only paper service items, a minimum fifty-gallon-per-minute (gpm) flow rate, or one-hundred-pound grease retention, mechanical grease interceptors may be used. In these instances, the grease interceptor is to be installed in an area separate from the food-handling area, and the grease interceptor must be readily accessible for cleaning and maintenance.
(4) 
Grease interceptor sizing formulas. It is the responsibility of the generator to ensure that its wastewater discharge is in compliance with the Authority's discharge limitations. For the purpose of plan review, a general assessment of grease interceptor design and size will be performed using the following formulas, which are recommended by the U.S. Environmental Protection Agency for grease interceptor sizing:
(a) 
Method 1: EPA Grease Interceptor Sizing Formula taken from Chapter 8 of EPA's October 1980 design manual, On-site Wastewater Treatment and Disposal Systems; document number EPA 625/1-80-012.
(b) 
Method 2: Uniform Plumbing Code, a copy of which can be obtained from the Borough.
(c) 
Method 3: Alternate sizing formulas/proposals. Facilities that propose the use of alternate sizing techniques and/or procedures that result in specifications that differ from calculated requirements must submit formulas and other bases to support proposed grease interceptor size/installation. Submission should also provide documentation of the ability to meet effluent quality requirements. This proposal must be signed by a licensed plumbing contractor or engineer licensed in the State of Pennsylvania.
(5) 
Installation. All permitting, construction, and inspection activities must be completed in accordance with the current applicable plumbing codes. Additionally, the following specifications must be incorporated into grease interceptor design:
(a) 
The grease interceptor shall be constructed with a minimum of two chambers or shall have a minimum of two tanks in series. If two-chambered, the dividing wall must extend to within one foot of the bottom of the tank and within two inches of the top and be securely fastened to both sides.
(b) 
There must be inlet and outlet tees installed, made of schedule cast iron. The inlet tee should extend down approximately 1/3 the depth of the grease interceptor from the top and the outlet tee should be located 12 to 18 inches off of the bottom of the grease interceptor. Inability to visually inspect tees during cleanout of the interceptor will require entry into the interceptor at least once every five years.
(c) 
Piping inside of the grease interceptor must be ductile iron with stainless steel straps/supports if needed.
(d) 
Grease interceptors are to be installed at a minimum distance of 10 feet from sinks and dishwashers to allow for adequate cooling of wastewater. Water temperatures must be less than 140° F. prior to entering the grease interceptor.
(e) 
All grease-bearing waste streams should be routed through an appropriate grease interceptor, including: three-compartment sinks, pot/pan sinks, soup kettles, hand-washing sinks, dishwashers, mop sinks and floor drains.
[1] 
Notable exceptions. Drains that receive "clear water" only, such as from ice machines, condensate from coils and drink stations, may be plumbed to the sewer system without passing through the grease interceptor with the condition that the receiving drain is a "hub" type that is a minimum of two inches above the finished floor.
(f) 
All exterior or recessed grease interceptors are to be installed with an effluent sampling chamber.
A. 
Any person responsible for discharges requiring a grease interceptor shall, at his own expense and as required by the Authority, provide plans and specifications for equipment and facilities of a design type and design capacity as described in § 434-5B approved by the Authority. The grease interceptor must be in compliance with the current applicable plumbing codes. The person shall locate the grease interceptor in a manner that provides easy accessibility for cleaning and inspection and maintain the grease interceptor in effective operating condition. The Authority shall inspect the grease interceptor during construction and upon completion. All interested parties shall make a final inspection before any service connections are made.
B. 
Construction of items listed herein in accordance herewith or in accordance with the Authority's specifications shall not constitute a defense to unlawful discharge and shall not limit the generator's liability for any surcharge stated in this article.
C. 
An inspection port shall be provided for the flow control device regulating flow into the grease interceptor.
D. 
Except for under the sink grease traps, each grease interceptor shall be located outside of a building or structure in an area accessible for service, and so installed and connected that it shall be at all times easily accessible for inspection, and for cleaning and removal of the intercepted waste. Inspection ports and monitoring ports shall be in areas where vehicles may not temporarily block access to inspection. The use of ladders or the removal of bulky equipment or stored materials in order to access inspection or monitoring ports shall constitute a violation of accessibility. A grease interceptor shall not be installed in any part of a building where food is handled. The location of all grease interceptors, inspection ports, and monitoring ports shall meet the approval of the Authority and shall be shown on the approved building plans.
E. 
A one-piece removable metal plate covering the entire grease interceptor shall be preferred as an inspection port, though, at the discretion of the Authority, standard manhole ports may be installed over each divider in the grease interceptor. In either case, all parts of the grease interceptor shall be easily accessible for cleaning and visual inspection.
F. 
A monitoring port, where required by the Authority, shall be provided for ease in sampling the treated effluent from the grease interceptor and shall be as close as possible to the connection with the sewer system within the bounds of the existing facility's property. The monitoring port shall be installed according to the specifications of the Authority. The monitoring port shall be installed and maintained at the generator's expense. A generator shall properly place, monitor, and maintain the monitoring port so that wastewater samples taken from the monitoring port are representative of wastewater leaving the grease interceptor. It shall be unlawful for a generator to divert wastewater around a monitoring port into the sewer system.
In the event that an outside grease interceptor is not practicable, an under the sink grease trap or interior active interceptor may be installed, subject to the approval of the Authority. Under the sink grease traps/interior active interceptors are subject to the following additional requirements;
A. 
General requirements.
(1) 
The location of such grease traps/interior active interceptors shall be in as close proximity to the source of wastewater as physically possible.
(2) 
The lid shall be secured to the body with a single bolt. No wing nuts or screws shall be permitted.
(3) 
The lid shall cover the deep seal grease trap/interior active interceptor. The deep seal grease trap/interior active interceptor shall be constructed so as to eliminate the possibility of sewer gas entering the kitchen area.
(4) 
Baffle systems and all other internal pieces shall be removable to facilitate cleaning and replacement but must be in place at all other times.
(5) 
The grease trap/interior active interceptor shall be coated with a powder-coated electrostatically applied cathodic epoxy coating so as to be resistant to corrosion.
(6) 
The grease trap/interior active interceptor shall be equipped with a flow control fitting.
B. 
Installation requirements.
(1) 
The grease trap/interior active interceptor may be set on the floor, partially recessed in the floor with the top flush with the floor, or fully recessed below the floor to suit piping and structural conditions, as acceptable to the Authority.
(2) 
There shall be sufficient clearance for the removal of the cover for cleaning.
(3) 
Unless specifically approved by the Authority, runs of pipe exceeding 25 feet between the fixture and grease trap/interior active interceptor shall not be permitted.
(4) 
The grease trap/interior active interceptor shall not be installed in a waste line from a garbage grinder.
(5) 
A suitable flow control fitting shall be installed ahead of the grease trap/interior active interceptor in the waste line beyond the fixture and as close as possible to the underside of the lowest fixture. When wastes of two or more sinks or fixtures are combined to be used by one grease trap/interior active interceptor, a single flow control fitting shall be used.
(6) 
Air intake for flow control either shall terminate under the sink drain board as high as possible to prevent overflow, or shall terminate in a return bend at the same height and on the outside of the building.
(7) 
To retain water and prevent siphoning, all grease traps/interior active interceptors shall have a vented waste line, sized in accordance with the current applicable plumbing codes.
(8) 
With the approval of the Authority, one grease trap/interior active interceptor may be used to serve multiple fixtures if the fixtures are located close together and the grease trap/interior active interceptor is sized to meet the combined flow of all the fixtures.
(9) 
Under the sink grease traps/interior active interceptors shall be cleaned at a minimum of every three days. A cleaning log shall be maintained.
A. 
It is unlawful for any existing facility or new facility to discharge wastewater from a grease interceptor without authorization in the form of a FOG permit. Application for a FOG permit shall be made to the Authority. If, after examining the information contained in the FOG permit application, it is determined by the Authority that the proposed discharge does not conflict with the provisions of this article, or any other federal, state, or local requirement or regulation, a FOG permit shall be issued, at the same time the food establishment license is paid and issued, allowing the existing facility or new facility to discharge into the sewer system. A FOG permit shall be issued for a time not longer than one year and must be renewed when the food establishment license is renewed. The terms and conditions of the FOG permit may be subject to modification by the Authority at any time during the term of the FOG permit as limitations or requirements as identified in this section are modified or other just causes exist. The generator shall be informed of any proposed change(s) in writing by the Authority. Any changes or new conditions in the FOG permit shall include a reasonable time schedule for compliance.
(1) 
As a condition precedent to the granting of a FOG permit, the permittee agrees to hold harmless the Authority from any liabilities arising from the permittee's operations under the FOG permit.
(2) 
The generator shall apply to become permitted by fully completing and signing the Authority's FOG permit application and paying a fee in an amount as established from time to time by resolution of the Council, which may be amended by only the Council from time to time. Such fee shall be payable to the Authority, and until all applicable fees, charges and expenses have been paid in full, the application shall be considered incomplete and no action shall be taken on any applications or appeal.
(3) 
The FOG permit application shall include the following:
(a) 
The generator's name, address and telephone number, and the name, address, and telephone number of the existing facility to be serviced, if different.
(b) 
The name, title, address and phone number of each of the authorized signatory representatives.
(c) 
The name of the contact person for the existing facility.
(d) 
Name(s) on the water supply account(s), the water service account number(s), and a copy of the last water bill.
(e) 
A description of any anticipated changes or expansions to the existing facility during the next three years that could alter wastewater volumes or characteristics.
(f) 
The size of each existing grease interceptor, how often they are currently served and if any additives are used.
(g) 
The current shift information.
(h) 
A list of all major equipment used for food preparation.
(i) 
The precise and unambiguous location of the grease interceptor(s) on the property, including a diagram if necessary.
(j) 
A signature and date by an authorized signatory representative.
B. 
A copy of the FOG permit application can be obtained on the Authority's website located at http://www.nbcjma.org or by contacting the Newtown, Bucks County, Joint Municipal Authority's office at (215) 968-4109, Monday through Friday, between the hours of 8:00 a.m. and 4:30 p.m.
The fats, oils and grease hauled waste manifest shall be kept on site and shall contain the following information:
A. 
Part I: waste hauler information.
(1) 
Transporter name.
(2) 
PADEP license number.
(3) 
Name of driver.
(4) 
Truck license number.
(5) 
Bucks County permit number.
B. 
Part II: waste generator information.
(1) 
Name of generator.
(2) 
Permit number.
(3) 
Address.
(4) 
Phone number.
(5) 
Time pumped.
(6) 
Size of grease interceptor.
(7) 
Gallons pumped.
(8) 
Signature of generator.
(9) 
Date.
C. 
Part III: waste disposal site information.
(1) 
Name of permitted disposal site.
(2) 
PADEP permit number.
(3) 
Address.
(4) 
Phone number.
(5) 
Total gallons received.
(6) 
Signature of disposal facility operator.
(7) 
Date.
D. 
The printed name, signature of the transporter, date and time of pumping are also required at the bottom of the form.
A. 
Required pumping frequency.
(1) 
Unless otherwise specified by the Authority, each grease interceptor in active use should be cleaned at least once every 90 days or more frequently as needed to prevent carryover of grease into the sewer system, unless it can be demonstrated to the Authority that the pumping frequency can be performed at greater intervals with best management practices. The Authority may specify cleaning more frequently when quarterly pumping is shown to be inadequate. Additional pumping may be required during time periods where increased loading is anticipated. Any generator desiring a schedule less frequent than 90 days shall submit a request to the Authority along with testing (as required by the Authority) and copies of the cleaning records for the last four cleanings, including measurements of the thickness of the surface scum/grease layer and solids.
(2) 
At any time if the Authority finds the grease interceptor to be full, immediate steps shall be taken by the generator to pump out and clean the grease interceptor as soon as is practicable. The Authority shall make an evaluation of the advisability of allowing discharge to continue, and may at its discretion order an immediate cessation of all discharge from the existing facility. In any case, the FOG permit of the existing facility may be amended so as to compel more frequent pumping and cleaning of the grease interceptor.
B. 
Requirement for increased pumpage or servicing. If the authorized agent finds that a change in pumpage or servicing of a grease interceptor is necessary for an establishment to meet the discharge limits stated in this article, the Authority may order a change in pumpage or servicing. If the Authority orders a change in the pumpage or servicing, then the Authority shall serve notice of such order upon the generator. The owner may request and shall be granted a hearing before the Authority. Such hearing shall be requested by filing a petition, in writing, stating the grounds of the petition within five days after notice of the authorized agent's decision and paying an administration fee in an amount as established from time to time by resolution of the Authority. The hearing shall commence within 30 days of filing of the petition unless postponed for good cause. At the hearing to review the order, the generator may present evidence, and the Authority may make new findings and issue new orders to change the frequency and/or methods of pumpage or servicing. It shall be unlawful for a generator to allow or cause any discharge into the sewer system not in compliance with such order.
C. 
A generator shall cause the liquid waste hauler, transporter, or any other person cleaning or servicing a grease interceptor to completely evacuate all contents, including floating materials, wastewater, and bottom sludges and solids, of all grease interceptors during servicing. Skimming the surface layer of waste material, partial cleaning of the grease interceptor or use of any method that does not remove the entire contents of the collection device is prohibited. The suction of the floating materials shall be done prior to removal of other contents. After complete evacuation, the walls, top, and bottom of the grease interceptor shall then be thoroughly scraped and the residue removed. Upon completion of the servicing, the manager of the existing facility shall make an inspection of the interior of the grease interceptor and then personally sign the manifest. The manager shall make an appropriate entry in the maintenance log, and post the generator section of the manifest in a conspicuous place with the log on the premises. Said manifests and maintenance logs shall be made immediately available to any authorized agent.
D. 
Each grease interceptor pumped shall be fully evacuated unless the grease interceptor volume is greater than the tank capacity on the vacuum truck, in which case the transporter shall arrange for additional transportation capacity so that the grease interceptor is fully evacuated within a twenty-four-hour period following the transporter's inability to fully evacuate the grease interceptor.
E. 
It shall be unlawful for a generator to allow the discharge of liquid, semisolids, or solids back into a grease interceptor during and/or after servicing. Decanting or discharging of removed wastewater back into the grease interceptor from which the wastewater was removed or any other grease interceptor, for the purpose of reducing the volume to be disposed, is prohibited.
A. 
All grease interceptor waste originating within the Borough shall be disposed of at approved disposal sites.
B. 
No person or organization shall provide grease interceptor hauling, pumping, cleaning or inspection services in the Borough unless licensed by PADEP and permitted by Bucks County.
C. 
All wastewater removed from each grease interceptor shall be disposed of at a permitted disposal site. In no way shall the pumped material be returned to any private or public portion of the sewer system without prior written approval from the Authority. Additionally, grease removed from a grease interceptor shall not be recycled so as to become a food product for animal or human consumption.
D. 
All grease haulers must be able to provide evidence of adequate insurance, in the form of current insurance certificates, for its firm or its subcontractors.
When an existing facility with a grease interceptor closes for business and is subsequently:
A. 
Razed or demolished, then any grease interceptor(s) shall be physically removed.
B. 
Remodeled or replaced with a type of business that will not utilize the grease interceptor, then the grease interceptor(s) shall be either physically removed or left in place. If left in place, the grease interceptor(s) shall have all wastewater pumped out, be cleaned thoroughly, left dry and empty.
(1) 
Be replumbed as to bypass the existing grease interceptor(s), either by straight through or bypassing methods, while leaving the empty grease interceptor(s) in place for possible future utilization by another business.
(2) 
Replumbed with a straight line plumbed from the inlet to the outlet, and the remainder of the grease interceptor(s) filled with soil or sand.
C. 
In all instances, the owner of the premises shall appropriately inform the Authority and perform the closure at such a time so as to permit an authorized agent to be physically present during the removal or filling of the grease interceptor(s).
A. 
It shall be unlawful for a generator, whether or not the generator possesses a FOG permit, to refuse to allow authorized agents to enter their premises during reasonable hours to determine whether the generator is complying with all of the requirements of this article and FOG permit or order issued hereunder. A generator shall allow the authorized agent access to all parts of the premises for purposes of inspection, sampling, records examination and copying, and the performance of additional duties. Arrangements for the immediate access of the Authority or its designated representative shall have been made ahead of time; however, such failure to make adequate arrangements shall not be considered a legitimate reason to refuse admittance of an authorized agent.
B. 
In cases where an existing facility includes private living quarters, the right of access shall extend to all common areas, and any other area or areas an employee, including the manager and/or owner, may enter without expressed permission of the residents.
C. 
If the authorized agent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the Authority designed to verify compliance with this article, or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the authorized agent may seek issuance of a search warrant from any court of competent jurisdiction.
A. 
The Authority shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
The Authority may establish all administrative procedures necessary to properly carry out the provisions of this article.
C. 
The Authority shall employ authorized agents to carry out the provisions of this article.
D. 
All permits, records; reports, files and other written material relating to the installation, operation, maintenance, and malfunction of grease interceptors in the Borough shall become the property of the Authority. Existing and future records shall be available for public inspection during normal business hours at the official Authority office. All records pertaining to FOG permits, building permits, occupancy permits, and all other aspects of this article shall be made available upon request. The Authority may charge a fee for copying.
Fees for application, operation, enforcement, administration, and reimbursement of costs incurred pursuant to this article by an authorized agent(s) shall be adopted by resolution by the Borough from time to time.
A. 
The Authority may establish permit fees under this article.
B. 
The fees for such permits shall be for a permit issued for a period of one year. The Authority may prorate the amounts for permits with shorter durations. All permits will expire at 12:00 midnight on the date specified on the permit as determined by the Authority.
A. 
It is unlawful for any generator to discharge into the sewer system in any manner that is in violation of this article or of any condition set forth in this article. Additionally, a person commits an offense if the person causes or permits the plugging or blocking of, or otherwise interferes with or permits the interference of, a grease interceptor or the sewer system, including alteration or removal of any flow-constricting devices so as to cause flow to rise above the design capacity of the grease interceptor.
B. 
No person and/or existing facility shall discharge grease in excess of 100 mg/l to the sewer system unless the generator is performing best management practices. If such discharge occurs, the person or existing facility shall be considered in violation of this article and subject to the remedies described herein. This includes nonpermitted existing facilities.
C. 
The authorized agent is hereby empowered to enter and inspect any premises upon which he/she has reasonable grounds to believe a violation exists. If violation of any of the provisions of this article exists, the authorized agent shall issue written notice to be served by registered or certified mail upon the owner of such premises or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises. Such notice shall specify the condition of the violation and shall require the owner to commence to remove or otherwise rectify the offending condition within five days of notification and thereafter to fully comply with the requirements of the notice within 20 days.
D. 
Any persons aggrieved by a decision of an authorized agent in regard to any alleged violation may request and shall be granted a hearing before the Authority. Such hearing shall be requested by filing a petition, in writing, stating the grounds therefor within five days after notice of the authorized agent's decision. Any persons aggrieved by a decision of an authorized agent in regard to any alleged violation may request and shall be granted a hearing before the Authority. Such hearing shall be requested by filing a petition, in writing, stating the grounds of the petition within five days after notice of the authorized agent's decision and paying an administration fee in an amount as established from time to time by resolution of the Borough. The hearing shall commence within 30 days of filing of the petition unless postponed for good cause. After such hearing the Authority shall sustain, modify or overrule the action of the authorized agent.
E. 
The Authority may immediately request the water company to suspend water service when such suspension is necessary, in the opinion of the Authority, in order to stop an actual or threatened discharge which:
(1) 
Presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment.
(2) 
Causes stoppages or excessive maintenance to be performed to prevent stoppages in the sewer system.
(3) 
Causes interference to the sewer system.
(4) 
Causes the Authority to violate any condition of its permit.
F. 
Any person notified of a suspension of the water service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Authority shall take such steps as deemed necessary, including requesting immediate termination of water service, to prevent or minimize damage to the sewer system or sewer connection or endangerment to any individuals. The Authority shall request to reinstate the water service when such conditions causing the suspension have passed or been eliminated. Any costs associated with the termination or reinstatement of water service by the water company shall be paid by the person notified of the suspension. A detailed written statement submitted by the generator describing the cause(s) of the harmful discharge and the measure(s) taken to prevent any future occurrence shall be submitted to the Authority within 15 days of the date of occurrence.
G. 
In addition to prohibiting certain conduct by persons, it is the intent of this article to hold a corporation, association, LLC, LLP or LP legally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of his office or employment.
H. 
Any person who violates or fails to comply with any provision of this article, or within five days of the denial of any appeal to the Authority, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
I. 
A generator is liable to the Authority for any expense, loss or damage occasioned by the Authority for reason of appropriate cleanup and proper disposal of said wastewater materials. Additionally, an administrative fee equal to 1/2 of assessed cleanup costs shall be levied by the Authority against the guilty party.
J. 
The performance by the Authority of its obligations as set forth in this article shall create no liability upon the Authority, its officials, employees or authorized agents.
K. 
All reports, inspections, appraisals, certifications or records required or produced by the Authority, or its authorized agents, as required by this article, shall be for the use and benefit of the Authority only and shall not be accepted, utilized or relied upon by any other person or party by way of certification or otherwise.