[Adopted 10-9-2023 by Ord. No. 811, approved 10-9-2023]
Unless the context specifically and clearly indicates otherwise, the meaning of the terms used in this article shall be as follows below. Any definitions, abbreviations and acronyms used in this article but not specifically defined below shall be the same as those found in Articles I through II (also referred to as the "Sewers" Ordinance).
A certified sewage enforcement officer, code enforcement
officer, professional engineer, Easton Area Joint Sewer Authority
industrial pretreatment manager, plumbing inspector, health administrator,
health officer, or any other qualified or licensed person who is delegated
by the Borough to carry out the provisions of this article.
Schedules of activities, prohibitions of practices, maintenance
procedures and other management practices to prevent or reduce the
introduction of fats, oils and greases to the sewer system.
Wilson Borough, Northampton County, Pennsylvania.
A pipe that conveys wastewater from the premises of a user
to the point of connection with the Borough sewer system which could
be a lateral or sewer main.
A discharge from a commercial establishment.
A source of a commercial discharge.
Any room, group of rooms, building or enclosure used or intended
for use in the operation of a business enterprise for the sale and
distribution of any product, commodity, article or service or used
or intended for use for any social, amusement, religious, educational,
charitable or public purpose.
Council of Wilson Borough, Northampton County, Pennsylvania.
The introduction of wastewater into the Borough's sewer
system.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any waste including 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.
An individual who is authorized to accept or reject waste
at a disposal site, and who is authorized to sign a manifest.
A permitted site or part of a site at which waste, including
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 regulation.
Any substance or substances which, when added or placed into
a grease interceptor, will transform 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.
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.
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 Guidelines Establishing Test Procedures
for the Analysis of Pollutants (40 CFR Part 136), as may be amended
from time to time. All are sometimes referred to herein as "grease"
or "oil and grease."
Areas predominantly found in shopping centers or festivals
where several food preparation establishments having different owners
may be sharing seating space and/or plumbing facilities.
Those commercial establishments primarily engaged in activities
of preparing, serving, or otherwise making food available for retail
sale and consumption by the public such as restaurants, commercial
kitchens or caterers, and those portions of the following facilities
engaged in similar activities: hotels, schools, colleges, fraternities,
churches, social halls, hospitals, prisons, correctional facilities,
retirement facilities, and care institutions. These establishments
use one or more of the following preparation activities: cooking by
frying (all methods), baking (all methods), grilling, sauteing, rotisserie
cooking, broiling (all methods), boiling, blanching, 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 or any new
or existing facility which has a local, state and/or federal food
service permit. This definition also includes food handling facilities
which may not cook but generate FOG as a waste product as part of
their operations. All are sometimes referred to herein as "facility"
or "facilities."
A device that shreds or grinds up solids or semisolid waste
materials into smaller portions for discharge in the sewer system,
including a food scrap disposal system.
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.
A sample that is taken from a wastestream on a one-time basis,
with no regard to the flow in the wastestream, taken over a period
of time not to exceed 15 minutes.
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 service establishment
and the connection to the sewer system.
The design features of a grease interceptor having the ability
or volume required to effectively intercept and retain FOG from wastewaters
discharged to the sewer system in compliance with this article.
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. All are sometimes
referred to herein as "waste."
A grease control device that is used to serve individual
fixtures located inside the food service establishment.
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.
A wastewater discharge which, alone or in conjunction with
a wastewater discharge or wastewater discharges from other sources,
both:
Inhibits or disrupts the function of the sewer system, including
but not limited to causing or contributing to reduced pumping capabilities,
blockages or sanitary sewer overflows or inhibits or disrupts the
operation of the wastewater treatment plant, including but not limited
to the plant equipment, treatment process units, or its sludge process
units, sludge use or disposal; or
Therefore is a cause of a violation of any requirement of the
Borough's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge
use or disposal in compliance with the following statutory provisions
and regulations or permits issued thereunder (or more stringent state
or local regulations): Section 405 of the Clean Water Act,[1] the Solid Waste Disposal Act (SWDA)[2] [(including Title II, more commonly referred to as Resource
Conservation and Recovery Act (RCRA), and including state regulations
contained in any state sludge management plan prepared pursuant to
Subtitle D of the SWDA)], the Clean Air Act,[3] the Toxic Substance Control Act,[4] and the Marine Protection, Research and Sanctuaries Act.[5]
The pipe, extending from the main sewer (located in a utility
right-of-way or municipally dedicated thoroughfare) to the street
face of the curbline (or exiting right-of-way line if there is no
curbline), that connects to the building sewer.
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.
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.
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.
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.
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:
The building, structure, facility or installation is constructed
at a site at which no other wastewater source is located;
The building, structure, facility or installation totally replaces
the process or production equipment that causes the discharge of wastewater
at the site;
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.
Any remodeling or modification that results in a new facility
as determined by the Borough.
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 B or C above, but otherwise alters, replaces or adds to existing process or production equipment.
Construction of a new wastewater source as defined under this
definition has commenced if the owner or operator has:
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; or
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.
National Pollutant Discharge Elimination System as administered
by the Pennsylvania Department of Environmental Protection (PaDEP).
Any person vested with ownership, legal or equitable, sole
or partial, of any property located in the Borough.
Any person or food service establishment or facility issued
a permit under this article, including any agent, employee or authorized
person of the permittee.
Any individual, partnership, company, association, corporation
or other group or entity.
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.
The sanitary sewer system owned by Wilson Borough, including
mains, interceptors, pumping stations, treatment plant, force mains,
and other related wastewater facilities and/or appurtenances.
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.
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.
Refers to the Easton Area Joint Sewer Authority Wastewater
Treatment Plant.
A widely accepted best management practice which requires
that a grease interceptor must be pumped out if the depth of scum
and solids in the interceptor exceeds 25% of the usable volume.
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.
Any person or food service establishment or facility who
utilizes the services of the Borough's sewer system.
The liquid and water-carried industrial wastes and/or domestic
sewage from dwellings, commercial buildings, industrial facilities,
or institutions, whether treated or untreated, which are contributed
into or permitted to enter the sewer system.
The following prohibitions shall apply:
A.
Discharges of solid or viscous pollutants in amounts which will cause
obstruction to the flow in the sewer system resulting in interference
shall be prohibited.
B.
Discharges of petroleum, nonbiodegradable cutting oil, or products
of mineral oil origin, in amounts that will cause interference or
pass-through, but in no case shall exceed a total oil and grease value
of 300 mg/l or a total petroleum value of 100 mg/l, shall be prohibited.
C.
Where fats, oils and greases are a by-product of food preparation
and/or cleanup, reasonable efforts shall be made to separate these
wastes into a separate container for proper recycling or disposal.
Except as contained in by-products of food preparation and/or cleanup,
waste fats, oils and greases 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 recycled or disposed of at
suitable sites.
D.
None of the following agents shall be placed directly into a grease
interceptor, grease trap 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)
Any substance which can cause or contribute to pass-through or interference in the sewer system or treatment plant or any substance prohibited in Chapter 147 of the Borough Code.
(5)
Use of grease interceptor treatment products, including bacteria,
designed to digest grease, is specifically prohibited without prior
written consent of the Borough.
(6)
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.
(7)
Toilets, urinals and other similar sanitary fixtures shall not discharge
through a grease interceptor.
(8)
All waste shall only enter the grease interceptor through the inlet
flow control device, then the inlet pipe.
A.
Wastewater that contains fats, oils or greases may be discharged
into the sewer system only under the conditions of this article. The
following facilities shall discharge all wastewater from sinks, drains
and any other plumbing fixtures through which grease may be discharged
into an adequately sized (as determined and documented by a licensed
plumber or engineer), appropriately located, properly maintained and
functioning grease interceptor before the wastewater enters the sewer
system:
(1)
All commercial food service establishments;
(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 cause interference in 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 child-care 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.
C.
Grease interceptors shall not be required for single-family residences,
duplexes, triplexes, quadplexes, or apartment complexes, unless an
authorized agent determines there are discharges from the property
that may cause interference in the sewer system.
A.
An existing facility shall be required, in accordance with a written
schedule provided by the Borough, to install a new, approved, adequately
sized, appropriately located and properly operated and maintained
grease interceptor when any of the following conditions exists:
(2)
It is found by an authorized agent that a facility is contributing
grease in quantities sufficient to cause interference in the sewer
system or necessitate increased maintenance on the sewer system in
order to keep interferences from occurring.
(4)
A facility's grease interceptor allows a discharge of oil and
grease in excess of: total oil and grease value of 300 mg/l or a total
petroleum value of 100 mg/l.
(5)
A facility which is required by this or other applicable articles
to maintain grease interceptors but is equipped with an undersized
grease interceptor as determined by the Borough.
B.
New facilities required by this or other applicable articles to maintain
a grease interceptor shall install such a unit prior to commencement
of discharge to the sewer system.
A.
All new and existing facilities, both commercial and industrial,
dealing with grease, shall, at the user's expense and as required
by the Borough:
(1)
Provide an adequately sized and properly constructed and located
grease interceptor, as determined and documented by a licensed plumber
or engineer.
(2)
Maintain copies of best management practice, inspection and/or service
logs and hauler manifests on the premises of the existing facility
for at least three years.
(3)
Generators are responsible for maintaining grease interceptors in
continuous proper working condition. Further, generators are responsible
for regularly inspecting, cleaning, 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 Borough.
(2)
Applicability. These requirements are applicable to all commercial
food service establishments, including those that are undergoing:
(3)
Sizing requirements. Sizing methods described herein are intended
as guidance in determining grease interceptor sizes that will afford
the Borough'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 Borough 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 ensure the appropriate
level of treatment necessary for compliance with environmental and
wastewater regulations. Minimum acceptable grease interceptor sizing
shall be accomplished as follows unless otherwise approved by the
Borough:
(a)
Sizing according to formulas described 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)
If determined necessary by the Borough, in the circumstances
of "single service kitchens" with no food preparation (heat/service
only) and which use only paper service items, a minimum of fifty-gallons-per-minute
(gpm) flow-rated 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 his wastewater discharge is in compliance with the Borough's discharge limitations as outlined in Articles I through II. 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 United States Environmental Protection Agency (EPA) 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 System; Document No. 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 professional engineer
licensed in the State of Pennsylvania.
(5)
Construction/installation: Unless otherwise approved by the Borough,
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
40 PVC or other noncarbon steel and noncorroding material such as
concrete. 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
or more frequently as deemed necessary by the Borough.
(c)
Grease interceptors are to be installed at a minimum distance
of 10 feet from sinks to allow for adequate cooling of wastewater.
Water temperatures must be less than 140° F. prior to entering
the grease interceptor.
(d)
Grease-bearing waste streams should be routed through an appropriate
grease interceptor, including: three-compartment sinks, pot/pan sinks,
soup kettles, hand-washing sinks, mop sinks and floor drains. Drains
that receive "clear water" only, as determined by the Borough, including
but not limited to water 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.
(e)
All exterior or recessed grease interceptors are to be installed
with an effluent sampling chamber.
A.
Any user responsible for discharges requiring a grease interceptor
shall, at his own expense and as required by the Borough, provide
plans and specifications for equipment and facilities of a design
type and design as described herein for approval by the Borough. 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 Borough's authorized agent 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 to the Borough's specifications shall not constitute
a defense to unlawful discharge and shall not limit the generator's
liability for any additional charges stated in this article.
C.
If the Borough's authorized agent determines that there is a
need for installation or upgrading of sample ports or grease interceptors
on an existing facility, the Borough may order installation or upgrading
of such interceptors. If the Borough orders such installation, then
the Borough shall serve notice of such order upon the generator. Within
10 days of receipt of such order, the generator may demand a meeting
to review such order, in which case, the Borough shall schedule a
meeting to review such order within a reasonable time from receipt
of the demand for review from the generator. If a meeting to review
the order is scheduled, the Borough shall serve notice of the meeting
to review such order upon the generator at least 10 days before the
date of such meeting. At the meeting to review the order, the generator
may present evidence and the Borough may make new findings and issue
new orders concerning the subject of the original meeting. After receiving
notice of the order to install or upgrade ports or grease interceptor
on an existing facility, it shall be unlawful for a generator to allow
or cause any discharge into the sanitary sewer not in compliance with
such order.
D.
An inspection port shall be provided for the flow control device
regulating flow into the grease interceptor.
E.
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 Borough and shall be shown on the approved
building plans.
F.
A one-piece removable metal plate covering the entire grease interceptor
shall be preferred as an inspection port though, at the discretion
of the Borough, 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.
G.
A monitoring port, where required by the Borough, 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 Borough. 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.
H.
The Borough may waive the requirement for a grease interceptor, provided
the generator can verify that only domestic wastewater is being discharged.
The Borough may require testing or sampling and laboratory analyses
by the generator in connection with this request, with all costs for
the testing or sampling and laboratory analyses being the generator's
expense.
I.
Exterior grease interceptors shall be cleaned at minimum of every
90 days. Increased maintenance may be required in accordance with
the 25% rule or as deemed necessary based on visual inspections and/or
discharge quality. A cleaning log shall be maintained.
A.
In the event that installation of an outside grease interceptor is
not feasible as solely determined by the Borough, an under-the-sink
grease trap or interior active interceptor may be installed subject
to the approval of the Borough. Under-the-sink grease traps/interior
active interceptors are subject to the following additional requirements:
(1)
General requirements.
(a)
The location of such grease traps/interior active interceptors
shall be in as close proximity to the source of wastewater as physically
possible.
(b)
The lid shall be secured to the body with a single bolt. No
wing nuts or screws shall be permitted.
(c)
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.
(d)
Baffle systems and all other internal pieces shall be removable
to facilitate cleaning and replacement but must be in place at all
other times.
(e)
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.
(f)
The grease trap/interior active interceptor shall be equipped
with a flow-control fitting.
(g)
Wastewater with temperatures in excess of 140° F., or temperatures
determined to be causing grease to bypass and inhibit the proper operation
of the grease trap/interior active interceptor, shall not be discharged
to the grease trap/interior active interceptor.
(2)
Installation requirements:
(a)
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 structured
conditions, as acceptable by the Borough.
(b)
There shall be sufficient clearance for the removal of the cover
for cleaning.
(c)
Unless specifically approved by the Borough, runs of pipe exceeding
25 feet between fixture and grease traps/interior active interceptor
shall not be permitted.
(d)
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 traps/interior active interceptor, a single
flow-control fitting shall be used.
(e)
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.
(f)
To retain water and prevent siphoning, all grease traps/interior
active interceptors shall have a vented waste, sized in accordance
with the current applicable plumbing codes.
(g)
With the approval of the Borough, one grease traps/interior
active interceptor may be used to serve multiple fixtures if the fixtures
are located close together and the grease traps/interior active interceptor
is sized to meet the combined flow of all the fixtures.
(h)
Under-the-sink grease traps/interior active interceptors less
than 100 gallons, at a minimum, should have grease removed weekly
and the entire contents cleaned and emptied monthly. Under-the-sink
grease traps/interior active interceptors greater than 100 gallons
must have maintenance conducted at a minimum of every 90 days or more
frequently if the unit has accumulated waste, both floatable and settleable.
Alternate cleaning schedules may be applied in accordance with the
25% rule or as deemed necessary based on visual inspections and/or
discharge quality. A cleaning log shall be maintained.
A.
Required pumping frequency.
(1)
Unless otherwise specified by the Borough, each grease interceptor in active use should be cleaned at a minimum of every 90 days or/in accordance with the 25% rule or more frequently as determined needed by visual inspection and/or discharge quality to prevent carryover grease into the sewer system. The Borough may specify cleaning more frequently when the existing pumping interval is shown to be inadequate. Additional pumping may be required during time periods where increased loading is anticipated. As outlined in § 147-24, under-the-sink grease traps/interior active interceptors less than 100 gallons, at a minimum, should have grease removed weekly and the entire contents cleaned and emptied monthly unless an alternate schedule is deemed appropriate by the Borough.
(2)
At any time, if an authorized agent 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
authorized agent shall make an evaluation of the advisability of allowing
discharge to continue, and may at his or her discretion order an immediate
cessation of all discharge from the existing facility. In any case,
the existing facility may be required to initiate more frequent pumping
and cleaning of the grease interceptor.
B.
Requirement for increased pumpage or servicing. If the Borough finds
that a change in pumpage or servicing of a grease interceptor is necessary
for a facility to meet the discharged limits stated in this article,
the Borough may order a change in pumpage or servicing. If the Borough
orders a change in the pumpage or servicing, then the Borough shall
serve notice of such order upon the generator. Within 10 days of receipt
of such order, the generator may demand a meeting to review such order,
in which case, the Borough shall schedule a meeting within a reasonable
time of receiving the demand for review from the generator. If a meeting
to review the order is scheduled, the Borough shall serve notice of
the meeting to review such order at least 10 days before the date
of such meeting. At the meeting to review the order, the generator
may present evidence, and the Borough 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 hauled-waste manifest. The manager shall
make an appropriate entry in the maintenance log and file the manifest
along with the log on the premises. Said manifests and maintenance
logs shall be made immediately available to any authorized agent upon
request.
D.
Each grease interceptor pumped shall be fully evacuated unless the
grease interceptor volume is greater than the tank on the disposal
vehicle, in which case the transporter shall arrange for additional
transportation 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 purpose of reducing the volume
to be disposed, is also prohibited.
A.
Grease interceptor waste shall be removed and transported by a properly
licensed and fully insured waste hauler.
B.
All wastewater removed from each grease interceptor shall be recycled
or disposed of at a permitted site. In no way shall the pumped material
be returned to any private or public portion of the sewer system.
A.
When an existing facility with a grease interceptor closes for business
and is subsequently:
(1)
Razed or demolished, then any grease interceptor(s) shall be physically
removed.
(2)
Remodeled or replaced with a type of business that will not utilize
the 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; and be:
(a)
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; or
(b)
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.
B.
In all instances, the owner of the premises shall appropriately inform
the Borough a minimum of 30 days prior to the closure and schedule
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 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 or order issued hereunder. A generator shall allow the
authorized agent access to all parts of the premises for purpose of
inspection, sampling, records examination and copying, and the performance
of additional duties. Arrangements for the immediate access of the
Borough 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 Borough 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 Borough designed to verify
compliance with this article or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the Borough may seek issuance of a search warrant from any court of
competent jurisdiction.
A.
The Borough shall fully utilize those powers it possesses through
enabling statutes and articles to effect the purposes of this article.
B.
The Borough may establish all administrative procedures necessary
to properly carry out the provisions of this article.
C.
The Borough shall employ authorized agents to carry out the provisions
of this article. The Borough may also contract with other private
qualified persons or firms as necessary 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 Borough.
Existing and future records shall be available for public inspection
during normal business hours at the official Borough office. All records
pertaining to FOG BMPs, building permits, occupancy permits and all
other aspects of this article shall be made available upon request.
The Borough will charge a fee for copying.
A.
The Borough may charge incurred costs plus 15% for investigations,
additional compliance inspections, enforcement, administration, sampling
or laboratory analyses costs incurred to/by Borough personnel to implement
a FOG control program pursuant to this article.
B.
The Borough may charge incurred costs plus 15% for reimbursement
of maintenance, legal and engineering fees, fines, penalties or any
other costs incurred to implement a FOG control program pursuant to
this article.
C.
The Borough may charge incurred costs plus 15% for reimbursement
for clearing of blockages and sewer line cleaning. These costs will
be billed back to the user identified as the cause of the blockage.
In the case of multiple users which could be the cause of a blockage,
these costs will be divided equally among the users.
A.
A user is considered in violation if they do not comply with any
provision of this article. Specifically including, but not limited
to, failure to pay applicable fees, improper operation of a grease
trap or interceptor, actions or inactions of the user which causes
or permits the plugging of a grease trap or interceptor, interferes
with or permits the interference with a grease trap or interceptor,
or causes the removal of any flow-constricting devices so as to allow
flow to rise above the design of the grease interceptor. The user
is also considered in violation if they do not properly implement
BMPs or dispose of grease, if their discharge exceeds the Borough's
numeric wastewater discharge limits or their discharge causes or contributes
to interferences in the sewer system or at the treatment plant.
(1)
Where a discharge to the Borough sewer system reasonably appears
to be in violation of this article, or presents, or threatens an imminent
danger to the health and welfare of persons, or an imminent danger
to the environment, or may reasonably appear to have the potential
to cause interference with the operation of the Borough sewer system,
or that may pass through the system, the Borough may immediately initiate
steps to identify the source of the discharge, and to halt or prevent
said discharge. The Borough may seek enforcement, including injunctive
relief, against the source of such discharge and/or may pursue other
available remedies provided for under law.
B.
Whenever it has been determined that any user has violated or is
violating this article, a permit, or any prohibition or limitation
or requirement contained herein, the Borough may serve upon such user
a written notice of violation, which shall be sent via certified or
registered mail to the last known address of the user, stating the
nature of the violation. Within 30 days of the date of the notice,
the user shall submit an explanation of the violation and a plan for
the satisfactory correction thereof to the Borough.
(1)
Submission of this plan in no way relieves the user of liability
for any violations occurring before or after receipt of the notice
of violation. Nothing in this article shall limit the authority of
the Borough to take any action, including emergency actions or any
other enforcement actions without first issuing a notice of violation.
C.
It shall be the obligation of any user within two hours of the time
when such user knew or should have known that it is violating the
provisions of this article, permit or any regulation issued pursuant
to this article, to notify the Borough. In addition, when the violation
involves monitoring results which show exceedances of wastewater above
local permitted limits, the user wastewater discharge shall be resampled
within 30 days of notice to the Borough of such violation.
D.
The Borough may enter into consent orders, assurances of voluntary
compliance or other similar documents establishing an agreement with
any user determined by the Borough to be in noncompliance. Such documents
will include specific action to be taken by the user to correct the
noncompliance within a time period specified by the document, and
may include the payment of civil penalties and reimbursement of costs
pursuant to this article.
E.
The Borough may order any user which the Borough believes has violated,
or continues to violate, any provision of this article, or an order
issued hereunder, or any other pretreatment standard or requirement,
to show cause before the Borough Council why a 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 Borough 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
Wilson Borough Council 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.
(1)
The Borough Council may itself conduct the hearing and take the evidence
or may designate any of its members or any officer, employee, or other
person to do so and to:
(a)
Issue in the name of the Borough notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings;
(b)
Take the evidence;
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Borough Council
for action thereon.
(2)
At any hearing pursuant to this article, testimony 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.
(3)
A show cause hearing shall not be a bar against, or a prerequisite
for, taking any other action against the user.
F.
Whenever the Borough finds that any user has violated, or continues
to violate, any provision in this article, an order issued hereunder,
or any other pretreatment standard or requirement, the Borough Manager
and/or their authorized representative may serve upon such user an
administrative order containing specific requirements with which the
user must comply. If the person does not come into compliance within
the time provided, sewer service may be discontinued unless, in the
Borough's opinion, adequate treatment facilities, devices, or
other related appurtenances will be installed and properly operated.
(1)
Administrative orders also may contain other requirements to address
the noncompliance, including additional monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer, as well as civil penalties and assessments of costs.
An administrative order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does an
administrative order relieve the user of liability for any violation,
including any continuing violation. Issuance of an administrative
order shall not be a bar against, or a prerequisite for, taking any
other action against the user.
G.
The Borough may immediately suspend a user's discharge when such suspension is necessary in the opinion of the Borough to stop an actual or threatened discharge which presents, or may present, an imminent or substantial endangerment to the health or welfare of persons, including employees of the sewer system, or to the environment, or may cause interference to the sewer system, or pass-through, or which may cause the Borough to violate any state/federal requirements, or when, in the opinion of the Borough, the user has demonstrated the inability or unwillingness to comply with Articles I through II.
(1)
Any user notified of a suspension of its discharge or permit under
this section shall immediately stop or eliminate the discharge. In
the event of a failure of the user to comply voluntarily with the
suspension order, the Borough may take steps as deemed necessary to
prevent or minimize damage to the sewer system or endangerment to
any individuals, or to assure compliance. The Borough may reinstate
the discharge upon proof of the elimination of the noncomplying discharge
by user, proof of compliance with this ordinance, payment of any damages,
fines, penalties, or costs associated with the discharge, and the
submittal of a detailed written statement describing the causes of
the discharge, or noncompliance, and the measures taken to prevent
any future recurrence. This statement must be submitted to the Borough
within five days of the date of occurrence.
(2)
Additionally, any user is subject to suspension of its discharge
granted under this article for violation of applicable state and federal
regulations or by reason of the commission of any of the following
acts:
(a)
Failure to report factually on discharge wastewater constituents
and characteristics;
(b)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(c)
Refusal to permit reasonable access to the premises for inspection
and monitoring;
(d)
Violation of any of the conditions of its permit, or this article;
or
(e)
Failure to pay applicable fees.
(3)
The suspension/termination of a permit by the Borough shall not be
a bar against, or a perquisite for, taking other action against a
user.
H.
Cease-and-desist order.
(1)
When the Borough finds that a user has violated, or continues to
violate, any provision of this article, a permit or order issued hereunder,
or any other pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Borough may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
(2)
Issuance of a cease-and-desist order shall not be a bar against,
or a prerequisite for, taking other action against the user.
I.
A user, upon receipt of notification of suspension of its discharge
permit, an administrative order, or a cease-and-desist order, may
appeal the decision in writing to the Borough with a statement of
reasons therefor within 10 days of receipt of the notice or order.
An appeal shall not stay the effect of any such notice or order unless
specifically agreed to in writing by the Borough Manager, or their
authorized representative, other than the requirement to pay any assessment
of civil penalties and costs pursuant to this article. Failure to
appeal within this time period shall result in a waiver of all legal
rights to contest the violation or the amount of the penalty or costs.
(1)
After receipt of an appeal by the Borough, and upon receipt of notice
in writing given to the user or any agent or officer thereof at least
five days' prior to the time fixed therefor, the Council shall
convene and conduct a hearing on the propriety or lack thereof of
the notice or order during which the appellant and the Borough may
present testimony and evidence. A stenographic recording of the proceeding
shall be made. The full cost of the stenographic transcript of such
a proceeding shall be borne by the appellant, who shall pay, to the
Borough, a fee of $500 within 48 hours of its receipt of notice of
the date of the hearing from the Borough. The Borough shall assess
the appellant any additional costs associated with the stenographic
recording, over and above $500, or it shall reimburse appellant any
unused portion thereof less $100 to cover administrative costs.
(2)
The findings and determinations of the Borough shall be in writing
and shall be mailed by means of certified or registered mail to the
user or to his duly authorized representative within 30 days of the
hearing, unless extended for good cause, with a certified copy thereof
to be filed with the Borough, which determination shall be binding
both upon the Borough and all parties in interest.
(3)
The user may appeal the Borough's decision in accordance with
applicable law.
J.
When the Borough finds that a user has violated, or continues to
violate, any provision of this article, or order issued hereunder,
or any other pretreatment standard or requirement, the Borough may
petition the Court of Common Pleas of Northampton County for the issuance
of a temporary or permanent injunction, as appropriate, which restrains
or compels the specific performance of the permit, order or other
requirement imposed by this article on the activities of the user.
(1)
The Borough may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the user
to conduct environmental remediation. A petition for injunctive relief
shall not be a bar against, or a prerequisite for, taking any other
action against a user.
K.
A user who willfully or negligently violates any provision of this
article, or order issued hereunder, or any other pretreatment standard
or requirement, or who willfully or negligently introduces any substance
into the sewer system in violation of this article, or order issued
hereunder, or any other pretreatment standard or requirement, or any
user who knowingly makes any false statements, representations or
certifications in any application, record, report, plan or document
filed, or required to be maintained pursuant to this article, or order
issued hereunder, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device of a method required under the article,
may be subject to criminal prosecution in accordance with the applicable
provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101
et seq.
L.
The Borough may decline to reinstate the discharge to any user who
has failed to comply with any provision of this article, or order
issued hereunder, or any pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the Borough,
in a sum not to exceed a value determined by the Borough Manager,
or their authorized representative, to be necessary to achieve consistent
compliance.
M.
The Borough may decline to reinstate the discharge to any user who
has failed to comply with any provision of this article, or order
issued hereunder, or any pretreatment standard or requirement, unless
the user first submits proof, to the Borough's reasonable satisfaction,
that it has obtained financial assurances sufficient to restore or
repair damage to the sewer system caused by its discharge.
