[Added 5-15-2017 by Ord.
No. 2017-08]
The purpose of this article is to aid in the prevention of sanitary
wastewater system blockages, back-ups 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 section the following terms shall have the meanings
set forth below:
Borough of Metuchen.
Waste vegetable oil, animal fat, grease, etc., that is recovered
from the wastewater drain and grease trap.
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."
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 pre-packaged
food/drink that do not require that food/food service establishment
to produce, prepare, process, handle and/or serve the food/drink within
that establishment.
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.
Employee and/or representative of the Borough of Metuchen
Construction Department (Plumbing Subcode Official), Department of
Public Works (Superintendent) and/or Health Department (Health Officer).
Any business that manufactures, processes and/or distributes
food and/or food products as part of its wholesale business.
Any permanently fixed location that has the ability to produce,
prepare, process, handle and/or serve food that contains grease or
produces grease as a by-product as part of its operations. The term
shall include but not be limited to schools, churches and/or halls
that although not a retail business and/or engaging in business activity,
that have the ability to produce, prepare, process, handle and/or
serve food that contains grease or produces grease as a by-product
as part of its operations.
Any person, who contributes, causes or permits the discharge
of wastewater into the sanitary wastewater systems within the Borough's
boundaries.
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 and
non-commercial 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 and all relating
plumbing in a food establishment and non-commercial food establishments
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 by all food
establishments. The aforementioned cleaning of grease trap may be
done at a less frequent rate at noncommercial food establishments
dependent upon usage and production of grease to be determined by
the Plumbing Subcode Official or Health Officer.
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 and/or the municipal waste
stream by either a food service establishment or noncommercial food
service establishment.
H.
A maintenance log shall be kept by a food service establishment up-to-date
and include the time, date and signature of person performing the
biweekly or more often maintenance/cleaning. A maintenance log shall
be kept by a noncommercial food service establishment up-to-date and
include the time, date and signature of person performing the maintenance/cleaning,
the frequency of which is to be determined by the Plumbing Subcode
Official or Health Officer. Such logs, required herein, shall be maintained
on premises for a period not less than 24 months and made available
to the inspecting official upon request.
A.
All food establishments and noncommercial food service establishments
regulated under/pursuant to this article shall adhere to best management
practices dealing with fat, oil and grease disposal and shall educate
their employees, agents, representatives and/or volunteers to these
practices. Best management practices for users shall include, but
are not limited to the following:
(1)
Training staff or volunteers on grease handling procedures;
(2)
Hanging/displaying grease handling posters in all applicable areas;
(3)
Instructing employees and/or volunteers that food waste shall not
be disposed/discharged into the sanitary sewer system;
(4)
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;
(5)
Using strainer baskets in sinks to catch food waste;
(6)
Directing all drains from grease producing surfaces to a properly
sized grease trap;
(7)
Insuring that the hot water in food establishments is less than 139°
F.
A.
The inspecting official shall have the authority to perform periodic
inspections, at the very least, annually, 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 their
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.
C.
In addition to the inspection set forth above, the inspection official
shall have the authority to conduct inspections pursuant to a complaint,
for new construction or installation, and such other periodic inspections
that the inspection official deems necessary and appropriate.
D.
The production of the receipts for the biweekly disposal by a private
waste hauler 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. In the event that the food establishment is unable to
produce satisfactory documentation of the disposal, a food license
may be denied and the food establishment may be subject to fines contained
herein.
E.
The production of the receipts as determined required by the Plumbing
Subcode Official or Health Officer, for the disposal by a private
waste hauler is required for the issuance of a food license by the
Health Department for all noncommercial food establishments that produce,
serve, handle and/or prepare oil, fat and/or grease. In the event
that the noncommercial food establishment is unable to produce satisfactory
documentation of the disposal, a food license may be denied and the
food establishment may be subject to fines contained herein.
F.
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 or an increased size system
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 or noncommercial 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 of same 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.
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, processor
or noncommercial food establishment, in the amount of $100.
C.
For each reinspection carried out pursuant to an unresolved complaint
and/or violation, a fee of $100 shall be imposed.
D.
Any person who violates any section of this article 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 users ability/access to the Borough sanitary
sewer system.
