[Adopted 10-10-2016 by Ord. No. 1816]
Unless the context specifically indicates otherwise, the following
terms and phrases, as used in this article establishing rules and
regulations, shall have the meanings hereinafter designated:
A permit document used by the City of DuBois to regulate
the discharge of fats, oils and greases (FOG) from food service establishments
and other sources of FOG.
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."
Those establishments primarily engaged in activities of preparing,
serving or otherwise making available for consumption by the public
food, such as but not limited to restaurants, bars and clubs, mobile
food trucks, commercial kitchens, caterers, hotels, schools, hospitals,
prisons, correctional facilities, and care institutions. These establishments
use one of more of the following food preparation activities: cooking
by frying (all methods), baking (all methods), grilling, roasting,
toasting or poaching. Also included are infrared heating, searing,
barbecuing and any other food preparation activity that produces a
hot, nondrinkable food product in or on a receptacle that requires
washing.
A structure or device designed for the purpose of removing
and preventing fats, oils and grease from the sanitary sewer collection
system. These devices are often below-ground units in outside areas
and are built as two- or three-chamber baffled tanks.
A device for separating and retaining waterborne greases
and grease complexes prior to the wastewater entering the sanitary
sewer collection and treatment system. Such traps are considered under-the-sink
units that are near food preparation areas.
A treatment works which is owned by a state or municipality.
This definition includes any devices and systems used in the storage,
treatment, recycling and reclamation of municipal sewage or industrial
wastes of a liquid nature. It also includes sewers, pipes and other
conveyances only if they convey wastewater to a POTW treatment plant.
The term also means the municipality which has jurisdiction over the
indirect discharges to and the discharges from such a treatment works.
Any person, including those located outside the jurisdictional
limits of the City of DuBois, who contributes to, causes or permits
the contribution or discharge of wastewater into the sewers within
the City's service area and who operate a grease trap or grease interceptor
for the removal of FOG.
All permitted food service establishments or other establishments
where grease is introduced into the DuBois sewerage system in quantities
sufficient to cause line stoppage or hinder sewage treatment are subject
to the following requirements:
A.
All permitted food service establishments or other establishments
where grease is introduced into the DuBois sewerage system in quantities
sufficient to cause line stoppage or hinder sewage treatment are required
to install, operate and maintain an approved type and adequately-sized
grease interceptor necessary to maintain compliance with the objectives
of this article. All grease interceptors must meet the requirements
of the City of DuBois plumbing codes.
B.
All existing food establishments, or other establishments determined
by the City Engineer to have reasonable potential to adversely impact
the City's sewer system or hinder the wastewater treatment system
will be notified in writing of their obligation to install a grease
interceptor within the specified period set forth in the notification
letter.
C.
Variance from grease interceptor requirements. Grease interceptors
required under this section shall be installed unless the DuBois Wastewater
Department determines the installation of a grease interceptor would
not be feasible. The City of DuBois may authorize the installation
of an indoor grease trap where the installation of a grease interceptor
is not feasible due to space constraints or other considerations.
D.
Grease interceptors for kitchen wastes shall be installed so that
they will receive all kitchen wastes except those from food waste
grinders. Grease interceptors shall be installed immediately outside
the building where there is easy access for cleaning, unless it is
impractical; in which case they may be installed at a location approved
by the City of DuBois.
E.
The grease interceptor shall be inspected every 30 days and cleaned
as necessary to remove the grease wastes. The materials removed in
cleaning shall be removed from the premises for proper disposal and
not deposited in the plumbing or sewerage systems.
F.
All grease interceptors for discharging to the City of DuBois sewer
system must be registered and permitted by the City of DuBois, using
a permit and registration application available from the office of
the City Engineer.
Grease interceptor design shall conform to the following:
A.
Grease interceptors shall be constructed in accordance with design
approved by the City of DuBois and shall have a minimum of two compartments
with fittings designed for grease retention.
B.
All interceptors shall be of such capacity and volume as to retain
the liquid for a sufficient length of time to permit the separation
of FOG from the other wastes before they are discharged into the building
drain or sewer. Minimum hydraulic retention time shall be calculated
using the Grease Interceptor Sizing Worksheet of the Uniform Plumbing
Code. If necessary, strainers shall be installed to retain and collect
solid materials one-half inch or larger in any dimension.
C.
Grease interceptors shall be installed at a location where it shall
be easily accessible for inspection, cleaning and removal of grease.
The grease interceptor may not be installed in any part of the building
where food is handled. Location of the grease interceptor must meet
the approval of the City of DuBois.
D.
Sanitary wastes are not permitted to be connected to sewer lines
intended for grease interceptor service.
E.
Access manholes with a minimum diameter of 24 inches shall be provided
over each grease interceptor chamber. The access manholes shall extend
at least to finished grade and be designed and maintained to prevent
water inflow or infiltration. The manholes shall also have readily
removable covers to facilitate inspection, grease removal and wastewater
sampling activities.
F.
The grease interceptor shall be installed with the interior inlet
piping having a 90° elbow with a minimum of an eighteen-inch inlet
pipe.
G.
The grease interceptor shall be installed with the outlet side piping
of the interceptor supplied with a sanitary tee with a minimum of
an eighteen-inch outlet pipe.
A.
All grease interceptors shall be serviced and emptied of accumulated
waste content as required by the City of DuBois grease trap and interceptor
permit. These devices should be inspected at least monthly and cleaned
as indicated by inspection. Users who are required to maintain a grease
interceptor shall remove any accumulated grease cap and sludge pocket
as required. Grease interceptors shall be kept free of inorganic solid
material such as grit, rocks, gravel, sand, eating utensils, cigarettes,
shells, towels, rags, etc., which could settle into this pocket and
thereby reduce the effective volume of the device.
B.
The user shall maintain a written record of inspection and maintenance
for three years. All such records will be available for on-site inspection
by representatives of the City of DuBois during all operating hours.
C.
Abandoned grease interceptors shall be pumped and either filled with
clean, hard fill, or crushed and then backfilled with clean fill material
and stabilized per City of DuBois requirements.
A.
Upon approval by the City of DuBois, a grease trap complying with
this section must be installed in the waste line leading from sinks,
drains and other fixtures or equipment in food service establishments
where grease may be introduced into the drainage or sewer system in
quantities that can affect line stoppage or hinder sewage treatment
or private sewage disposal.
B.
Grease trap sizing shall conform to the Standard PD1-G101, Table
8.3.2, Procedure for Sizing Grease Interceptors, provided by the Plumbing
and Draining Institute.
C.
No grease trap shall be installed which has a stated rate of flow
of more than 55 gallons per minute, or less than 20 gallons per minute,
except when specifically approved by the City Engineer or the Wastewater
Treatment Plant Manager.
D.
Grease traps shall be maintained in efficient operating conditions
by removal of the accumulated grease. No such collected grease shall
be introduced into draining piping or public or private sewer. Grease
traps should be cleaned monthly or as often as necessary to ensure
compliance with the objectives of this article.
E.
No food waste disposal unit or dishwasher shall be connected to or
discharged into any grease trap. Wastewater in excess of 104°
F. or 40° C. shall not be discharged into grease traps.
No food service establishments or other establishments where
grease is introduced into the DuBois sewerage system in quantities
sufficient to cause line stoppage or hinder sewage treatment shall
allow wastewater discharge concentration from subject grease interceptor,
grease trap or alternative pretreatment technology to exceed 100 milligrams
per liter, as defined by EPA Test Method 413. The City of DuBois has
the authority to require the user to install a sampling manhole between
the interceptor/grease trap and its sanitary lateral that discharges
to the DuBois Wastewater Treatment Plant.
A.
All grease traps and interceptors for discharging to the City of
DuBois sewer system must be registered and permitted by the City of
DuBois, using an application available from the office of the City
Engineer.
B.
All existing permitted food service establishments or other establishments
where grease is introduced into the DuBois sewerage system in potential
quantities sufficient to cause line stoppage or hinder sewage treatment
must apply within 90 days of the effective date of this article. The
completed permit application in the form prescribed by the City must
be accompanied by an application fee of $100. The City reserves the
right to assess additional charges and fees to cover any reasonable
costs incurred by the City in reviewing and processing the permit
application and to increase the application fee by resolution. Proposed
new users shall apply at least 90 days prior to connecting to or contributing
to the POTW.
The City shall inspect the facilities of any user to ascertain
whether the purpose of this article is being met and all requirements
are being complied with. Persons or occupants of premises connected
to the sewer system shall allow the City or its representative(s)
ready access at all reasonable times to all parts of the premises
necessary for the purpose of inspection, sampling, records examination
(including the right to inspect and copy records) or in the performance
of any of their duties. The right of access for inspection shall extend
to, but not necessarily be limited to, food preparation areas, food
waste storage and disposal areas, cleaning areas and grease interceptor/trap
areas. The City shall have the right to set up, on the user's property,
such devices as are necessary to conduct sampling, inspection, compliance
monitoring and/or metering operations.
The conditions and requirements of this article are applicable
to all users connected to the system and operating a grease trap or
grease interceptor. The conditions and requirements of this article
shall be incorporated into the user's permit either expressly or by
reference. The permittee has a duty to comply with all of the conditions
of this article. Any noncompliance constitutes a violation of this
article and is subject to appropriate enforcement action, including
but not limited to permit revocation or denial of a permit renewal
application.
A.
The Manager of the City of DuBois may issue an emergency notice to
the user to immediately halt or prevent a discharge to the POTW which,
in the opinion of the Manager, reasonably appears to cause sanitary
sewer blockage, inhibition of the wastewater treatment plant operations,
or may result in significant property damage. For the purpose of this
paragraph, an emergency notice to a user may be issued by a telephone
call, an on-site inspection/visit, a cease and desist order, or any
combination of these methods.
B.
In the event that a user should fail to voluntarily comply with an
emergency notice to immediately halt or prevent a discharge to the
POTW, the Manager shall take whatever action he deems necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the sanitary sewers, the wastewater treatment plant, or
to prevent significant property damage. The costs associated with
any such emergency action shall be assessed to the user, and the City
shall not be responsible for any damages, including loss of income,
as a result of such emergency action.
C.
The City shall authorize permission to resume a discharge that has been halted under the emergency action provisions of this § 340-53 upon satisfactory proof that the imminent danger has been eliminated. Within 25 days after the date of any such emergency action, the user shall submit to the City a detailed written statement describing the cause or causes of the harmful contribution that necessitated the emergency action and the measures that will be taken to prevent any future occurrence of the incident.
A.
The City may revoke a user's commercial grease trap permit and suspend
wastewater treatment service or deny a permit renewal application
for any of the following causes:
(1)
Determination by the City that the discharge presents or may present
an endangerment to the environment, threatens to interfere with the
operation of the POTW, or which may cause significant property damage.
(2)
Failure of the user to disclose fully all relevant facts during the
permit application or issuance process, or the user's misrepresentation
of any relevant facts at any time.
(3)
Falsifying monitoring or compliance reports.
(4)
Refusal of reasonable access to the user's premises for the purpose
of inspection or monitoring.
(5)
Willful and knowing failure to comply with any conditions of the
user's permit or this article.
B.
In the event of a nonemergency situation, where the City has determined
that a user's discharge presents or may present a threat to the environment
or the operation of the POTW, or where revocation of a user's commercial
grease trap permit is warranted as an enforcement action, the City
shall, after formal written notification to the affected user and
provision of ample opportunity for the user to respond, revoke the
user's commercial grease trap permit.
A.
Except in cases of emergency situations subject to the provisions of § 340-52 hereof, whenever the City determines that a user has violated or is violating any prohibitions, limitations, or requirements of the user's permit or any other provision of this article, the City may issue by certified mail a formal written notification stating the nature of the violation. Within 30 days after the receipt of the notification of violation, the user shall correct the deficiency or violation or shall submit to the City a proposed plan and schedule for correcting the violation. However, all violations result in immediate liability, and the City may seek such penalties and/or take other enforcement action as it deems necessary during this response period.
B.
In the case of procedural violations, a user may correct the violations
by fulfilling the duties or requirements that are deficient. The City
shall review the actions taken by the user to determine whether or
not the violation has been adequately corrected. Failure to correct
a violation within a reasonable time period may result in further
enforcement action.
C.
In the case of discharge violations, the user may correct the violations
by improving operations and maintenance, or by installing new grease
traps and/or interceptors. The City shall review a proposed plan and
schedule submitted by the user to determine whether or not the plan
is adequate to correct the violations. The City may require modifications
to the plan and schedule. The City may modify the user's permit to
incorporate a reasonable schedule of compliance to implement an acceptable
action plan. In no case will any such compliance schedule exempt a
user from further enforcement action by the City for the discharge
violations or from enforcement action for failure to meet a compliance
date.
A.
Except in the case of emergency situations subject to the provisions of § 340-53 of this article, whenever the City deems it necessary to take enforcement action, including revocation of the user's permit under the provisions of this article, the City may issue the affected user a formal written notification of the proposed enforcement action by certified mail. Such notice shall state the basis for the proposed action and the reasons for the City's tentative action.
B.
The user shall be afforded a minimum period of 30 days within which
to comment on the proposed action and to submit to the City a written
request for a meeting with the City to appeal the proposed action.
All requests for an appeal meeting shall clearly state the specific
action or provision(s) of the proposed action that is being appealed
and the grounds upon which the appeal are based. Any supporting evidence
that is relevant to the appeal must also be submitted with the request
for appeal. The City may deny the appeal request on the basis of insufficient
grounds or may schedule a meeting for the user to present the appeal
to the City. As soon as practicable after the conclusion of the review
period or the appeal meeting, the City shall issue to the user a formal
written notification of the intended enforcement action and its conclusions.
It must also be noted that all violations result in immediate liability,
and the City may seek such penalties and/or take such other enforcement
action as it deems necessary during the thirty-day response period.
The City is hereby empowered to enter into consent orders, assurance
of voluntary compliance, or other similar documents establishing an
agreement with the user responsible for the noncompliance. Such orders
will include specific action to be taken by the user to correct the
noncompliance within a time period that shall be specified in the
order.
When the City finds that a user has violated or continues to
violate this article or a permit or order issued thereunder, the City
may issue a compliance order to the user responsible for the discharge
directing that, following a specified time period, sewer service facilities,
devices or other related appurtenances have been installed and are
properly operated. Orders may also contain such other requirements
as might be reasonably necessary and appropriate to address the noncompliance,
including the installation of grease traps or grease interceptors,
additional self-monitoring and/or specific management practices.
When the City finds a user has violated or continues to violate
this article or any permit or order issued hereunder, the City may
issue an order to cease and desist all such violations and direct
the user in noncompliance to:
A.
In certain cases, such as those involving revocation of a user's
permit, the City may order a user to show cause before the City why
the proposed enforcement action should not be taken. A notice shall
be served on the user, specifying the time and place of a hearing
to be held by the City regarding the violation; the reasons why the
action is to be taken; the proposed enforcement action; and directing
the user to show cause before the City why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days before the hearing. Service may be made on any agent
or officer of a corporation.
B.
The City may itself conduct the hearing and take evidence or may
designate any of its members or, in conjunction with the affected
user, the City may designate an arbitrator or board of arbitration
to:
(1)
Issue in the name of the City notices of hearings requesting the
attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(2)
Take the evidence; and
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with the recommendation from the City
for action thereon.
C.
At any hearing held pursuant to this article, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
D.
After the City has reviewed the evidence, it may issue an order to
the user responsible for the discharge, directing that, following
a specified time period, the sewer service be discontinued unless
adequate grease traps or grease interceptors have been installed and
are properly operated and maintained. Further orders and directives
as are necessary and appropriate may be issued.
When the City finds that a user has violated or continues to
violate any provision of this article, a discharge permit, or n order
issued hereunder, the City may petition the Court of Common Pleas
of Clearfield County, Pennsylvania, through its Solicitor, for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the discharge permit,
order, or other requirement imposed by this article on activities
of the user.
A.
Any person who is found to have violated an order of the City Manager
or City, or who fails to comply with any provision of this article,
or the orders, rules, regulations and/or permits issued hereunder
by the City Manager or City of DuBois, shall, upon conviction, be
subject to pay a fine of not more than $600 and the costs of prosecution
and, in default of payment of fines and costs, to undergo imprisonment
for not more than 30 days, for each and every offense. Each day's
continuation of a violation shall constitute a separate offense. In
addition to the penalties recommended herein, the City shall be able
to recover court costs, court reporter's fees, and any other expense
of litigation by appropriate suit at law against the person found
to have violated the provisions of this article.
B.
Any person who knowingly makes any false statement, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained under the provisions of
this article, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this article,
shall, upon conviction, be subject to pay a fine of not more than
$600 and costs of prosecution and, in default of payment of fines
and costs, to undergo imprisonment for not more than 30 days, for
each and every offense. Each day's continuation of a violation shall
constitute a separate offense. In addition to the penalties recommended
herein, the City shall be able to recover court costs, court reporter's
fees, and any other expense of litigation by appropriate suit at law
against the person found to have violated the provisions of the City's
orders or this article.
Any person violating any of the provisions of this article or
who discharges or causes a discharge which produces a deposit or obstruction
or otherwise causes damage to or impairs the operation of the public
sanitary sewerage system and/or wastewater treatment plant shall be
liable to the City for any expenses, losses or damages caused by such
violation or discharge. The City shall bill the user for the costs
incurred by the City for any cleaning, repair, replacement work and/or
employee costs caused by the violation or discharge. Refusal to pay
the assessed costs shall constitute a violation of this article and
shall be subject to further enforcement actions and penalties in accordance
with the provisions of this article.
A.
Any user who has violated or continues to violate this article or
any order or permit issued hereunder shall be liable to the City for
a civil penalty of not more than $600, plus actual damages incurred
by the City per violation per day for as long as the violation continues.
In addition to the above-described penalty and damages, the City may
recover reasonable attorneys' fees, court costs and other expenses
associated with the enforcement activities, including, but not limited
to, sampling and monitoring expenses. Each day that such violation
is committed or permitted to continue after notice of violation shall
constitute a separate offense and shall be punishable as such hereunder.
B.
The City shall petition the Court of Common Pleas of Clearfield County,
Pennsylvania, to impose, assess and recover such sums. In determining
the amount of liability, the Court of Common Pleas shall take into
account all relevant circumstances, including, but not limited to,
the extent of harm caused by the violation, the magnitude and duration,
any economic benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and any other
factors as justice permits.
A.
Each sewerage service charge, additional charge, surcharge and penalty
imposed by this article, together with interest at a rate of 12% per
annum from the expiration of 30 days after the date upon which it
shall become due, shall be a debt due the City and shall be a lien
on the property served, and if not paid within 30 days after it shall
become due, shall be deemed delinquent. In such event, the City may
proceed to file a lien in the office of the Prothonotary of Clearfield
County, Pennsylvania, and to collect the same in the manner provided
by law for the filing and collection of municipal claims.
B.
In the event of failure to pay any sewerage service charge, additional
charge, surcharge, or penalty after they become delinquent, as herein
provided, the City shall be authorized to remove or close the sewer
service connection and shall have the right to enter upon the property
serviced for such purpose and to take such steps as may be necessary
to accomplish such removal or closing. The expense of restoring any
such service shall likewise be a debt due the City and a lien on the
property serviced and may be filed and collected as hereinabove provided.
Such sewage service connection shall not again be turned on or the
sewage service restored, until all sewer service charges, including
the expense of removal, closing and restoration, shall have been paid
or adequate provisions for their payment shall have been made.
C.
Change of ownership or occupancy of any property served by the public
sanitary sewage system as to which the sewer service charge, additional
charge, surcharge or penalty imposed by this article is delinquent
shall not be cause for reducing or eliminating the rights and remedies
of the City set forth in this article.
This "Commercial Grease Trap and Interceptor Ordinance" is a
supplement to the City's existing Sewer Use Ordinance of 1988, as
amended. The portions of the existing ordinance and all other ordinances,
or parts thereof, which are inconsistent or conflicting with any part of this article,
are hereby repealed to the extent of such inconsistency or conflict.
All other portions of the existing sewer use ordinance not in conflict
herewith are reaffirmed as if set forth at length herein.
