[Adopted 10-1-2018 by Ord. No. 2018-6 (Ch. 18, Part 9, of the 2006 codification)]
The text of this article shall be known as the "Grease Trap
Ordinance" for Prospect Borough.
The following words and phrases, when used in this article,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
Any industrial waste having a suspended solid content or
BOD appreciably in excess of that normally found in sanitary sewage.
For the purposes of these regulations, any industrial waste containing
more than 350 milligrams per liter of suspended solids, or having
a BOD in excess of 300 milligrams per liter, shall be considered abnormal
industrial waste regardless of whether or not it contains other substances
in concentrations differing from those normally found in sanitary
sewage. A determination of normal industrial waste can be adjudged
by the Borough Engineer as a result of an analysis of a completed
Borough Industrial Waste Questionnaire and need not be limited to
suspended solids or BOD
The Borough of Prospect, including its Council, representatives,
agents, employees, and Engineer.
An interceptor whose rated flow exceeds 35 gallons per minute
and which is located underground, outside the building.
An interceptor whose flow rate is 35 gallons per minute or
less and which is located inside the building. Grease traps shall
be rated for a minimum of 22.50 gallons per minute.
Any solids, liquids or gaseous substances or forms of energy
ejected or escaping in the course of any industrial, manufacturing,
trade or business use or process or in the course of development,
recovering or processing of natural resources, as distinct from but
not sanitary sewage.
Includes natural persons, partnerships, companies, societies,
trusts, associations and corporations, public or private.
Real property situate in Prospect Borough or served by the
sewer system.
Any person that owns property connected to the Prospect Borough
sewer system in Prospect Borough.
Every building or room occupied or used as an eating place
or food preparation facility.
The normal water-carried household and toilet wastes from
residences, business buildings, institutions and industrial and commercial
establishments, exclusive of stormwater runoff, surface water or groundwater.
A combination of water-carried wastes from residences, business
buildings, institutions and industrial and commercial establishments,
together with such groundwater, surface water or stormwater as may
be present.
Any pipe or conduit carrying sewage.
All sanitary sewers, all pumping stations, all force mains,
all sewage works, and all other sewerage facilities owned, leased
and operated by the Borough for the collection and/or transportation
of sanitary sewage and industrial waste, together with their appurtenances,
and any additions, extensions, or improvements thereto. It shall also
include sewers within the Borough's service areas which serve one
or more persons and discharge into the sewer system even though those
sewers may not have been constructed by the Borough and are not owned
or leased and operated by the Borough. It does not include separate
storm sewers or culverts which have been constructed for the sole
purpose of carrying storm and surface runoff, the discharge from which
is not and does not become tributary to the sewage facilities.
No person shall discharge into the sewer system any sanitary
sewage or industrial wastes containing more than 100 milligrams per
liter by weight of fat, oil, or grease (collectively "grease"). Any
single discharge in excess of this limitation shall be a single violation
of this article. More than one violation may occur in a single day,
depending on the amount and frequency of the grease discharge.
No person shall discharge into the sewer system any abnormal
industrial waste. Any single discharge in excess of this limitation
shall be a single violation of this article. More than one violation
may occur in a single day, depending on the amount and frequency of
the abnormal industrial waste discharge.
The Borough may compel discontinuance of the use of the sewer
system for discharge of such unacceptable grease or abnormal industrial
waste, or require pretreatment and/or equalization of flow thereof
and installation of grease traps or grease interceptors to prevent
harmful or adverse effects upon the sewer system. The design, construction
and operation of such pretreatment and/or flow-equalization facilities,
grease traps, and/or grease interceptors shall be made at the sole
expense of the property owner and/or person discharging said unacceptable
grease wastes in accordance with this article and shall be subject
to the approval of the Borough and/or the Borough Engineer.
Every building or room occupied or used as a public eating place,
restaurant or food preparation facility shall be well-drained. All
soil pipes, waste pipes, drains or other plumbing fixtures shall be
of adequate size to enable passage of any waste intended to pass through
them to the main sewer system. All drains, sewers, waste and soil
pipes, traps and water in gas pipes shall, at all times, be kept in
good repair and order so that no gases or odor shall escape therefrom
and so that the same shall not leak, and all vent pipes shall be kept
in good order and repair, free from obstruction.
A.
Every building, room or space
or part thereof used as a restaurant or food preparation facility
shall install or cause to be installed a grease interceptor or grease
trap. The type of installation shall be determined by the total fixture
flow-through rate or potential grease-laden fixtures discharging through
the building sewage lines as determined by Prospect Borough or its
designated representative. For flow-through rates 35 gallons per minute
or less, an internal grease trap may be installed in certain existing
structures used as restaurants and food preparation facilities. For
flow-through rates exceeding 35 gallons per minute, an external, underground
grease interceptor must be installed in all new and existing structures
or changes of use involving restaurants. In any case, the grease trap
or grease interceptor shall be designed to and shall actually accomplish
the limitation of grease as required by this article.
B.
Said grease trap or grease interceptor
shall be installed at an appropriate location along the sewer connection
line between the restaurant and/or food preparation facility and the
entry of the line into the main sewer system. An inspection site tee
shall be installed between the interceptor discharge and shall connect
to the sanitary sewer system.
C.
No solid waste devices, such
as waste grinders, disposals, potato peelers, etc., shall discharge
through the grease trap or grease interceptor. Only potentially grease-laden
fixtures may discharge through the trap or interceptor.
D.
In any existing restaurant and/or
food preparation facility where there is a change of use or change
of ownership, the property owner shall be required to provide updated
information on the ownership and use to the Borough. In such case,
the current grease trap or grease interceptor on the property shall
be inspected to ensure that it meets the requirements of this article.
To the extent that it may be necessary to meet ordinance compliance,
the property owner may be required to modify the existing or install
a new grease trap or grease interceptor as may be appropriate.
E.
All grease traps or grease interceptors
shall meet and shall be installed in accordance with all applicable
laws, including, but not limited to, the Uniform Construction Code.
A.
All grease interceptors and grease
traps shall be maintained and kept in good working order at all times.
The grease interceptor or grease trap shall limit the amount of grease
discharged into the sewer system to levels not exceeding those permitted
by Prospect Borough. Grease discharges shall not exceed 100 parts
per million downstream of the grease interceptor or grease trap.
B.
It shall be the duty and responsibility
of any property owner, lessee or agent of any restaurant and/or food
preparation facility to clean and, at a minimum quarterly, inspect
the grease interceptor or grease trap. Such efforts shall be accomplished
with a duly qualified business or company. A written record, on a
form to be supplied by the Borough, shall be kept of all inspections
and grease removal. The inspection report shall, at a minimum, list
the company name, company representative, address and phone number
of the company, the method and frequency of cleaning schedule and
the date of cleaning/inspection. Such records shall be presented to
the Borough upon request. A more-frequent cleaning/inspection schedule
shall be performed at the property when it is determined by the Borough
that the property is discharging excessive amounts of grease into
the sewer system.
C.
The Borough may inspect the grease
trap and outlet; and if it is deemed necessary by the Borough, more-frequent
servicing and maintenance will be required. All property owners shall
comply with the reasonable determination by the Borough of the required
frequency of servicing and maintenance.
The requirements of this article may be modified upon the written
request of a property owner and the written approval of the Borough,
if such modification meets the requirements and intent of this article.
Preference will be given to the utilization of new technology when
modifications are requested.
A.
Property owners shall be jointly
and severally responsible for installing grease traps, for maintaining
the grease traps in an efficient operating condition at all times,
and for otherwise complying with the provisions of this article, including,
but not limited to, the reporting and maintenance of records set forth
above.
B.
The Borough reserves the right
to pursue fines and penalties as well as to seek damages against property
owners who do not conform to this article.
C.
Any extraordinary cost incurred
by the Borough due to interference, damage or special processing necessary
in the collection, conveyance and treatment systems shall be paid
by the property owners. The direct cost of all labor, equipment and
materials incurred in rectifying the interference or damage shall
be billed directly to the property owners by the Borough. This shall
also include the costs of any analytical testing of effluent discharge
from the site.
A.
Any person who violates or fails
to comply with any provision of this article shall, upon conviction
in a summary proceeding brought before a Magisterial District Judge
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this article that is violated shall also constitute
a separate offense.
B.
In addition to the above fines,
the property owner shall pay, or reimburse the Borough for, all cleanup
costs, any costs to remedy any damages incurred, any inspection costs,
and the costs of prosecution, including filing fees, and any engineer,
attorney, employee or representative fees, and any other Borough expenses
related to the violation (the "expenses"). If the property owner fails
to pay the expenses, then the expenses shall be collectible from the
property owner by any method available at law or in equity, including
a municipal claim.
C.
If the property owner desires
to undertake the efforts to remedy any violation, it may do so upon
approval of and subject to supervision by the Borough.
D.
Any property that is in violation
of this article may be subject to inspections at the discretion of
the Borough.
E.
Upon the third violation on any
property, the property owner shall be required to implement the services
of a professional grease disposal company (the "company"). A program
shall be implemented with the company, subject to approval by the
Borough, that will provide for the regular inspection and maintenance
of the grease trap, as well as periodic removal of the grease therefrom
(the "maintenance program"). In such case, the property owner shall
provide documentation, including receipts and reports and other documents
as requested, to evidence that the maintenance program remains in
effect. The maintenance program shall remain in effect until the property
owner demonstrates continued compliance with all ordinances and requirements
regarding the sewer system and grease trap for a minimum term of two
years. Thereafter, the property owner may request to discontinue the
maintenance program by submitting such a request to the Borough in
writing. The Borough may authorize discontinuance at its reasonable
discretion.
The Borough Council shall, by resolution, adopt, establish and
amend, as it deems proper in its sole discretion, all forms, fees,
rules and/or regulations necessary to administer the provisions of
this article.
In the event that any provision, section, sentence, clause or
part of this article is held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of the article, it being the intent of Prospect Borough that
such remainder shall be and shall remain in full force and effect,
and for this purpose the provisions of this article are hereby declared
to be severable.
