The purpose of this article is to reduce the amount of fats, oils and grease ("FOG") entering the Whitemarsh Township Authority's wastewater collection system in order to comply with the Clean Water Act of 1977 and the general pretreatment regulations (40 CFR, Part 403). This article provides for the regulation of FOG contributors to the wastewater treatment system through the issuance of permits, inspections, sampling, and enforcement. The requirements with this article shall be applied, but not limited to, all food producing facilities within and outside of the Township that discharge effluent to be treated by the Whitemarsh Township Authority.
[Adopted 7-11-2024 by Ord. No. 1042]
The following terms and phrases shall have the designated meanings in the context of this article:
Closed circuit television.
Any producer who has an external oil and grease interceptor on the sewer line.
Any producer who has an internal grease trap.
Any producer who has only a grease barrel on site.
Any producer that produces nominal amounts of FOG.
Fats, oils, and grease created as a byproduct of cooking.
Whitemarsh Township Authority Executive Director and/or any duly authorized agent for the Whitemarsh Township Authority.
Any grease interceptor, grease trap, and/or grease barrel.
Any establishment that contributes, directly or indirectly, wastewater containing FOG to the sewer system. This includes, but is not limited to, restaurants, schools, private clubs, delis, religious institutions, and daycare centers.
Areas in the sewer system that have experienced blockages and/or require more frequent than normal cleaning.
An apparatus that collects and contains the FOG and allows water to be discharged.
Publicly owned treatment works.
Any gross neglect or disregard for the rules and regulations of the FOG Ordinance included but not limited to grease overflow, FOG-related environmental contamination, or redirecting FOG from the POTW.
The following regulations apply to any FPF contributing to the Whitemarsh Township Authority's POTW, and the FPF is responsible for ensuring that it is in compliance with these regulations at all times:
A.
Each FPF must have a FOG permit in order to discharge to the POTW. The FOG Administrator shall receive all FOG permit applications and issue appropriate renewal permits every three years. All permit applications must be returned within two weeks.
B.
No FPF shall contribute, or cause to contribute, any FOG to the POTW. An oil and grease limitation of 100 mg/l shall apply to the discharge from the FPF. At the discretion of the FOG Administrator, sampling by the Whitemarsh Township Authority of the discharge shall occur when the FPF is not complying with the requirements of the program. The FPF shall be responsible for providing an adequate sampling port on the grease trap. The FPF shall be responsible for the costs incurred for the analytical laboratory to perform the analysis of any sample. The FPF is also responsible for ensuring that the FPF is in compliance with these regulations.
C.
All FOG handling equipment shall be installed and properly and continuously maintained in a satisfactory and effective operational manner by the owner at the owner's expense. The FPF is responsible for cleaning and/or having the applicable FOG handling equipment cleaned on a regular basis so as not to contribute FOG to the POTW. The FPF is responsible for ensuring that if an outside grease hauler is used, the FOG handling equipment is cleaned properly and completely.
D.
Existing FPF which currently has internal FOG handling equipment shall be required to clean and maintain the FOG handling equipment in an efficient manner. The following is prohibited from being discharged to FOG handling equipment:
(1)
Wastewater with a temperature greater than 140° F.
(2)
Wastewater from a food grinder/garbage disposal.
(3)
Any use of enzymes or other grease solvents, emulsifiers, grease consuming bacteria, etc. is prohibited and shall not be considered acceptable grease trap maintenance practice.
(4)
Dishwasher discharge that travels less than 10 feet prior to entering internal FOG handling equipment.
E.
Whenever any FPF's are newly built or renovated, or any FPF's experience a change in ownership, each FPF shall install a properly sized oil and grease interceptor, approved by the FOG Administrator on the sewer line from the facility, in accordance with these regulations and the Plumbing and Drainage Institute Standards, International Plumbing Code, or other applicable method. After a thirty-day grace period, the FPF shall be fined $50 each day the oil and grease interceptor is not installed.
(1)
With respect to design features, an external oil and grease interceptor shall, at minimum, have a baffle to separate the trap into two compartments, a manhole to access and inspect the influent and a sampling box on the effluent line to access, inspect and sample the effluent. The interceptor shall have cleanouts and be locked for easy access for pump out and inspection.
(2)
With respect to design features, an internal oil and grease interceptor shall, at minimum have a baffle, and a viewing port to inspect the effluent.
F.
All oil and grease interceptor sizing shall be in accordance with the Plumbing and Drainage Institute Standards, International Plumbing Code, or other applicable method. A copy of the current Uniform Plumbing Code Formula - Grease Interceptor Sizing Worksheet is attached hereto as Exhibit "A".[1]
[1]
Editor's Note: See 95 Attachment 1.
G.
At the discretion of the FOG Administrator, each FPF is required to have an employee present during FOG inspections. The FOG Administrator is not responsible for faulty equipment or damage sustained during inspections. The FPF has the option of opening their FOG handling equipment for each inspection. The FPF is required to provide tools and materials to open all FOG handling equipment if the FOG Administrator does not have the required tools and materials.
H.
In all cases, the FOG Administrator may at his/her discretion, increase or decrease the frequency of routine inspections for the FPF. The FOG Administrator may take into account a FPF's willingness to comply with the FOG Program. FPF's which consistently comply with the requirements of the FOG Program may be permitted to reduce the number of inspections per year, at the discretion of the FOG Administrator. FPF's violating any of the previous requirements, however, shall be subject to more frequent inspections, monetary penalties, as well as sampling of the discharge and any administrative orders.
I.
An oil and grease interceptor which overflows into the sewer line or on the sink discharge line is strictly prohibited. In such case, the FPF shall be responsible for the subsequent containment, cleanup, and disposal of the overflow material. It is the responsibility of the FPF to immediately telephone the POTW of the incident at 484-524-3043. The notification shall include the location of the overflow, the type of material, the volume and corrective actions. Within five days of the overflow, the FPF shall submit to the Authority receipts of the spill cleanup.
J.
The FPF must keep on site a current oil and grease interceptor cleaning log as provided by the Authority if cleaning is performed in-house. Included on the cleaning log shall be the following information: date, time, who did the cleaning, volume of waste disposed of and location of disposal. Any oil and grease interceptor being serviced by an outside hauler must have cleaning manifests on sire available for inspection.
K.
The FPF is responsible for any blockages in the FPF's lateral line. The FPF shall have to pay to have the blockage removed. If the blockage causes a restriction or overflow in the Whitemarsh Township Authority sewer line and it can be proven that the FPF caused the blockage, then the FPF will incur the cost of removing the blockage, cleaning up the overflow and penalty from the Pennsylvania Department of Environmental Protection (PADEP) or the Environmental Protection Agency (EPA).
L.
Surrounding municipalities contributing to the Whitemarsh Township Authority POTW shall have the option of performing the required inspections of any FPF in their respective municipalities or allowing the Authority FOG Administrator to complete the inspections.
All FPFs shall be classified and inspected by the FOG Administrator in the following way:
A.
Hotspot. The FPF shall be inspected by the Authority using CCTV.
B.
Class 1 producer. The inspection frequency shall be at least two times per year by the FOG Administrator and at least one time per year by the POTW Collection Department. Manifests must be sent to the Authority for the remaining quarter.
C.
Class 2 producer. The inspection frequency shall be at least two times per year by the FOG Administrator.
D.
Class 3 producer. The inspection frequency shall be at least one time per year by the FOG Administrator.
E.
Exempt. No inspections are needed. The facility update shall be sent to the FOG Administrator at the beginning of each permit cycle.
All FOG Program fees shall be payable monthly. All bills are the responsibility of the FPF and must be paid within 30 days. Bills remaining unpaid after the due date will be charged additional interest in accordance with the Authority's finance department regulations.
The Authority shall suspend any FOG permit for which the FPF does not adhere to the requirements of the program. Once the permit is suspended, the FPF shall not discharge in to POTW until the permit is reinstated. The permit shall remain suspended until the FPF shows proof that the non-complying requirement was eliminated. The following shall be the methods of enforcement:
A.
Notice of violation (NOV). Necessary when the FPF has violated any part of the FOG permit, this article, and/or the FOG Program, the Authority may serve the FPF with a notice of violation specifically citing the nature of the violation. NOV's follow the regular calendar year and are reported to the PADEP and EPA yearly through the MIPP Report.
B.
Monetary penalty. When the FPF fails to adhere to the requirements of any part of the FOG permit, this Article, and/or the FOG Program on numerous occasions, penalties shall range from a specific fee to correct an action to costs involved to have an Oil and Grease Inspector involved.
C.
Administrative order. When a violation occurs, the Authority may subject the FPF to an order to correct the violation within a specified time frame.
A.
In addition to all other remedies available pursuant to this chapter, the Authority shall have the right to issue a notice of violation (NOV) and/or impose a penalty, as hereinafter set forth, for a violation of any requirements of any part of the FOG permit, this article, and/or the FOG Program. To assess a penalty, the following factors shall be considered:
(1)
Damage to the air, water, and land of the Whitemarsh Township and surrounding municipalities.
(2)
Damage and/or harm to the Authority's wastewater treatment plant, POTW and its personnel.
(3)
Past violations, compliance history.
(4)
Producer's willingness and efficiency to comply; response to an NOV in a timely manner, notification to the Authority and quick, effective corrective actions to eliminate the noncompliance.
(5)
Magnitude of the violation.
B.
An FPF charged with any penalty shall have 30 days to pay the penalty in full or appeal the penalty and/or the cause of the violation.
C.
The following is a schedule of violations and the maximum penalty to be assessed:
(1)
Significant noncompliance and grease overflow.
(a)
Satisfactory Level 1. The FPF properly notified the FOG Administrator of the violation, adhered to the cleaning schedule contained in the FOG permit and made a major effort to eliminate the violation: $300.
(b)
Satisfactory Level 2. The FPF did not properly notify the FOG Administrator of the violation, but adhered to the cleaning schedule contained in the FOG permit and made a major effort to eliminate the violation: $400.
(c)
Unsatisfactory level 3. The FPF properly notified the FOG Administrator of the violation and made a major effort to eliminate the violation, but did not adhere to the cleaning schedule contained in the FOG permit: $500.
(d)
Unsatisfactory Level 4. The FPF made a major effort to eliminate the violation, but did not properly notify the FOG Administrator of the violation and did not adhere to the cleaning schedule contained in the FOG permit: $600.
(2)
Log not maintained according to the FOG permit or manifests not provided for internal oil and grease interceptors:
First offense: | $50 |
Second offense: | $100 |
Third offense: | $150 |
Fourth offense: | $200 |
D.
Manifests not provided proving external oil and grease interceptors were not cleaned according to the FOG permit:
First offense: | $150 |
Second offense: | $300 |
Third offense: | $450 |
Fourth offense: | $600 |
The FOG Administrator shall have the power to establish appropriate rules and regulations for the administration and enforcement of the provisions of the FOG Program.