[Added 3-4-2018 by Ord. No. BOH 1-2018]
As used in this section, the following terms shall have the meanings indicated:
GENERATOR OF OIL AND GREASE
Any business, person or entity that produces, through manufacture or bi-product, oil or grease in a concentration that inhibit waste water flow and or partially or fully clogs a wastewater pipe.
GREASE TRAP AND GREASE INTERCEPTORS
Shall be given their normal definition in the retail food industry. A device used to collect oil and grease at the entrance of the wastewater pipe (building sewer) and preventing the oil and grease from traveling through the wastewater pipe into the wastewater (municipal sewer) system. A grease trap must be installed in such a manner as to facilitate easy inspection and cleaning.
MAINTENANCE OF GREASE TRAPS
Grease traps must be maintained and inspected to ensure that they do not exceed more than 3/4 of their capacity prior to cleaning in order to avoid grease flow into the waste water pipes. Proper and sufficient tools shall be provided by the store owner and, if requested by the Health Inspector, the establishment owner/staff will demonstrate the cleaning technique used to clean the grease trap.
RETAIL FOOD ESTABLISHMENT
Shall be given its normal definition in the industry including Chapter 24 of the New Jersey Sanitary Code (N.J.A.C. 8:24 et seq.). A retail food establishment includes all retail businesses which process and/or serve food and food products.
[Added 3-4-2018 by Ord. No. BOH 1-2018]
a. 
All existing retail food establishments shall be notified of the requirements of this ordinance upon passage as a first notice. Additionally all establishments that apply for an initial retail food license shall, after passage of this ordinance, receive a first notice of this ordinance requirement as part of the initial application process.
b. 
Once a retail food establishment or other oil and grease generator has been notified of these requirements by a first notice, any additional notice(s) shall be a violation of this Code and will receive a summons with a prescribed payable fine for this offense and each subsequent offense, noted in section BH8-4 below.
[Added 3-4-2018 by Ord. No. BOH 1-2018]
a. 
Grease traps/grease interceptors shall be installed when the definition of generator of oil and grease is met in design, practice and or by confirmed complaint, particularly in Retail Food Establishments. All existing grease traps/interceptors shall conform to good plumbing code practice. Any new or replaced grease traps/interceptors installations shall be submitted and approved for a permit by the Construction Department, Plumbing SubCode Official.
b. 
Grease traps shall be maintained and inspected to ensure effective operation. Grease traps shall be easily accessible for cleaning and inspection. Tools, containers and measuring devices are to be available for the operator/work staff to demonstrate how the grease trap is cleaned and/or to use these devices to clean the trap upon request during the inspection.
c. 
The grease trap installation shall be in continuous operation at all times. If an existing grease trap is found to be undersized or inaccessible a notice shall be issued to correct the violation within 30 days.
d. 
Grease trap cleaning shall be completed at a minimum, biweekly, unless written modification is provided by the Health Officer or REHS for longer cleaning frequencies. A maintenance log including the time, date and signature of the person performing the cleaning shall be kept on the premises and shall be readily available for inspection by the Health Officer or his/her designee. If it is determined that the system is not sufficient for proper Maintenance of Grease Traps, the cleaning shall be increased or a larger unit shall be installed. Inspection records shall be maintained for a minimum period of five years.
e. 
Grease trap additives shall only be used with the approval of the Health Officer or his/her designee. All removed material shall be disposed of in accordance with all state and federal regulations. All maintenance logs and manifests shall be maintained on the premises and made available upon request at the time of inspection by the Health Officer, or his/her designee, and REHS. These logs and records for additives shall be maintained for a minimum period of five years.
f. 
Each generator of oil and grease, including food establishments, must ensure that waste oil and grease is being adequately removed from the wastewater being discharged into the municipal sewer system as follows:
1. 
The wastewater being introduced into the building sewer is less than 140° F.
2. 
The concentration of oil and grease, on the discharge side (leaving) the grease trap/interceptor, shall not exceed 150 mg/l for any single sample or 100 mg/l for a monthly (30-day) average of three sample as quantified by USEPA approved method.
3. 
If the Health Officer or Registered Environmental Health Specialist REHS, make a determination that the system is not functioning properly, is worn, broken, leaking, or damaged or undersized, based upon the output of waste water volume, temperature and or laboratory results for grease in mg/L a notice to correct shall be issued.
4. 
All food establishments must employ, at their own expense, a licensed plumber or professional grease trap contractor or professional engineer to conduct a diagnostic inspection and an annual inspection of their grease traps and connecting building sewer lines when the oil and grease regulations are violated during a licensing year, upon notice from the Health Officer or REHS.
5. 
The professional conducting the inspection identified in (4) above shall provide a written inspection report to both the food establishment and to the Department of Health. This inspection report must contain the observations with regard to the effective size and cleaning schedule of the grease trap, the amount of oil and grease found in the connecting wastewater system, the percentage of oil and grease being removed from wastewater being discharged into the waste water sewer system, the maximum temperature of the wastewater that can be discharged into the sewer system and the maintenance requirements of the grease trap. The written inspection report shall be submitted within two weeks of the inspection date and notice. This report must contain a correction program to eliminate the violation.
g. 
For all new construction or installations, waste disposals and commercial dishwashers shall not discharge into the piping that proceeds, or into, the grease trap. Existing systems shall be reviewed for maintenance of a grease trap and shall be corrected within 30 days if a violation or failure is found.
h. 
A grease trap inspection fee of $60, in addition to the annual food establishment or other required license fee, shall be imposed upon any food establishment as follows:
1. 
For each inspection carried out pursuant to a complaint when such inspection results in a determination that said establishment is in violation of this code, or of the State Sanitary Code or of any municipal ordinance, state and/or federal regulation relating thereto.
2. 
For each violation found during a regular inspection or re-inspection.
i. 
If it appears that grease is by-passing the grease trap/interceptor, in a concentration exceeding f2 above, a sample of waste water may be acquired by the Health Officer/REHS. Should the results exceed the grease concentrations herein noted, a $75 sampling fee for each sample taken, as well as the cost of the laboratory analysis, shall be paid upon receipt of elevated laboratory results.
[Added 3-4-2018 by Ord. No. BOH 1-2018]
a. 
There shall be a payable fine for violation(s) of any section of this code in the amount of a minimum of $100 for the first violation, a minimum of $250 for a second violation and a minimum of $500 not to exceed $1,500 for any third violation.
b. 
Any subsequent offense(s) within a twelve-month timeframe shall require a mandatory court appearance and a minimum of $1,500, and be subject to a civil penalty, not to exceed $500, which penalty shall be enforced or collected through any court of competent jurisdiction in accordance with the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq. Each violation of any of the provisions of this chapter and each day or part thereof the same is violated shall be deemed and taken to be a separate and distinct offense.