[Adopted 4-25-2005 by Ord. No. 333]
A. 
This article shall be known and may be cited as "An ordinance providing for Oil and Grease Interceptors in Franconia Township."
B. 
In accordance with municipal codes, the Clean Streams Law, and the Pennsylvania Sewage Facilities Act, it is the power and the duty of Franconia Township to provide for adequate sewage collection and treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage.
C. 
The purpose of this article is to provide for the regulation, inspection, maintenance and rehabilitation of oil and grease interceptor systems; to further permit intervention in situations which may constitute a public nuisance or hazard to the public health, safety and welfare; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.
A. 
As used in this article, the following terms shall have the meanings indicated:
AUTHORIZED AGENT
An employee of Franconia Township, code enforcement officer, professional engineer, industrial pretreatment program coordinator, plumbing inspector, or other qualified or licensed person who is authorized to function within specified limits as an agent of Franconia Township to administer or enforce the provisions of this article.
BOARD
The Board of Supervisors, Franconia Township, Montgomery County, Pennsylvania.
COUNTY
The Montgomery County Health Department (MCHD).
DEPARTMENT
The Pennsylvania Department of Environmental Protection (PADEP).
OIL AND GREASE
As determined by the "total recoverable" laboratory method.
OIL AND GREASE INTERCEPTOR
A system of piping, tanks or other facilities serving a single property and collecting and holding oil and grease.
TOWNSHIP
The Township of Franconia, Montgomery County, Pennsylvania, or the Franconia Sewer Authority, which is responsible for sanitary sewer operations in the Township.
B. 
For the purposes of this article, any term that is not defined herein shall have that meaning attributed to it under the Sewage Facilities Act and the Regulations promulgated thereto.
A. 
From the effective date of this article, its provisions shall apply to commercial, industrial and institutional establishments in any portion of the Township. The provisions of this article shall apply to all persons owning any property serviced by an oil and grease interceptor and to all persons required to install or rehabilitate oil and grease interceptor systems. Such oil and grease interceptors shall not be required for residential sources.
B. 
Oil and grease interceptor systems shall be provided when required by the Township plumbing code or industrial pretreatment regulations, or when determined necessary by an authorized agent for the proper handling of sewage containing excessive amounts of oil and grease.
C. 
Oil and grease interceptor systems shall be required for all restaurants, establishments with food preparation facilities, or other establishments determined by the authorized agent to have the potential to discharge oil and grease in quantities that could cause obstructions to the flow in sewers or other interference with the proper operation of the sewer system of the Township.
A. 
No person shall install, construct or request bid proposals for construction, or alter an oil and grease interceptor system, or occupy any building or structure for which an oil and grease interceptor system is to be installed without first obtaining a permit from the Township, which permit shall indicate that the site and the plans and specifications of such system are in compliance with the provisions of this article.
B. 
No system or structure designed to provide oil and grease interceptor shall be covered from view until approval to cover the same has been given by a code enforcement officer.
C. 
Applicants for permits shall notify the Code Enforcement Officer of the schedule for construction of the permitted oil and grease interceptor system and shall notify the Code Enforcement Officer at least 24 hours in advance of any required inspections.
D. 
No building or occupancy permit shall be issued for a new building that will generate sewage containing oil and grease until a valid permit has been obtained from a code enforcement officer.
E. 
No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage containing oil and grease from the structure, until the structure's owner receives a permit for alteration or replacement of the existing oil and grease interceptor system.
F. 
Permits may be issued only by the Township.
All oil and grease interceptor systems shall be of type and capacity approved by the owner's design professional and shall be located to be easily accessible for cleaning and inspection.
A. 
The owner of any improved property connected to the sewage system shall allow the duly authorized agent bearing proper credentials and identification to:
(1) 
Enter all properties and facilities for the purpose of inspection, observation, measurement, sampling, and testing to determine compliance with the provisions of these regulations and for the performance of other functions relating to service rendered by the Township in regard to the sewage system.
(2) 
Examine and copy any and all records required to be maintained by the owner for the purpose of determining compliance with the provisions of these regulations and any and all state or federal pretreatment standards and regulations.
B. 
Any oil and grease interceptor system may be inspected by an authorized agent at any reasonable time as of the effective date of this article.
C. 
Such inspection may include a physical tour of the property, the sampling of the contents of the oil and grease interceptor itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure.
D. 
An authorized agent shall have the right to enter upon land for the purposes of inspections described in this section.
E. 
An initial inspection shall be conducted by an authorized agent within three months of the effective date of this article for the purpose of determining the type and functional status of each oil and grease interceptor system in the Township. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the Township records.
F. 
A schedule of routine inspections may be established to assure the proper functioning of the oil and grease interceptor systems in the Township.
G. 
An authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the authorized agent shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of the Township and/or PADEP or is not technically or financially feasible in the opinion of the authorized agent, then action by the property owner to mitigate the malfunction shall be required.
A. 
Only normal domestic wastes shall be discharged into any oil and grease interceptor system. The following shall not be discharged into the system:
(1) 
Industrial waste.
(2) 
Automobile oil and other nondomestic oil.
(3) 
Toxic or hazardous substances or chemicals, including but not limited to pesticides, disinfectants, acids, paints, paint thinners, herbicides, gasoline and other solvents.
(4) 
Clean surface or ground water, including water from roof or cellar drains, springs, basement sump pumps and French drains.
B. 
The wastes described in the first three items in the preceding tabulation shall be properly pretreated and/or discharged to a holding tank and disposed by a contractor approved by the PADEP.
A. 
Each person owning a building served by an oil and grease interceptor system shall have the oil and grease interceptor pumped by a qualified pumper/hauler within one month of the effective date of this article. Thereafter, that person shall have the tank pumped at least once every quarter or whenever an inspection reveals that the oil and grease interceptor is filled with grease and floatables on the top or with solids at the bottom in excess of 1/3 of the liquid depth of the tank or four inches. Receipts from the pumper/hauler shall be submitted to the Township within two weeks after the pumping.
B. 
The required pumping frequency may be increased at the discretion of an authorized agent if the oil and grease interceptor is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if the system malfunctions, or for other good cause shown. If any person can prove that such person's oil and grease interceptor had been pumped within three months of the effective date of this article, then that person's initial required pumping may be delayed to conform to the general three-month frequency requirement, except where an inspection reveals a need for more frequent pumping intervals.
C. 
Any person owning a property served by an oil and grease interceptor shall submit, with each required pumping receipt, a written statement from the pumper/hauler or from any other qualified individual acceptable to the Township that the baffles in the oil and grease interceptor have been inspected and found to be in good working order. Any person whose oil and grease interceptor baffles are determined to require repair or replacement shall first contact a code enforcement officer for approval of the necessary repair.
D. 
Any person owning a building served by an oil and grease interceptor system shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the Township within two months of the effective date of this article. Thereafter, service receipts shall be submitted to the Township at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals for the oil and grease interceptor exceed those recommended by the manufacturer.
E. 
Additional maintenance activity may be required as needed, including but not necessarily limited to cleaning and unclogging of piping, servicing and the repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, etc.
A. 
Oil and grease interceptor systems shall be operated and maintained in a responsible manner so as not to allow malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank.
B. 
A written notice of violation shall be issued to any person who is the owner of any property which is found to be served by a malfunctioning oil and grease interceptor system or which is discharging oil and grease without a permit.
C. 
Within seven days of notification by the Township that a malfunction has been identified, the property owner shall make application to the Code Enforcement Officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Township, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Township, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Township shall set an extended completion date.
D. 
A code enforcement officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, the addition of bacterial cultures specifically designed to decompose oil and grease, replacing the system with a holding tank, or any other alternative appropriate for the specific site.
E. 
In lieu of or in combination with the remedies described in Subsection D above, a code enforcement officer may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances or they may be required to be replaced by water-conserving devices.
F. 
Should none of the remedies described in this section be totally effective in eliminating the malfunction of an existing oil and grease interceptor system, the property owner is not absolved of responsibility for that malfunction. The Township may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary.
The Township, upon written notice from a code enforcement officer that an imminent public health or safety hazard exists due to failure of a property owner to maintain, repair or replace an oil and grease interceptor system as provided under the terms of this article, shall have the authority to perform, or contract to have performed, the work required by the Code Enforcement Officer. The owner shall be charged for the work performed and, if necessary, a lien shall be entered therefor in accordance with law.
A. 
All grease originating within the Township shall be disposed of in accordance with the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 et seq.) and all other applicable laws and at sites or facilities approved by PADEP.
B. 
Pumper/haulers of oil and grease operating within the Township shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101-6018.1003) and all other applicable laws.
A. 
The Township shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.
B. 
The Township shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a code enforcement officer and may include an administrator and such other persons as may be necessary. The Township may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.
C. 
All permits, records, reports, files and other written material relating to the installation, operation and maintenance and malfunction of oil and grease interceptor systems in the Township shall become the property of, and be maintained by, the Township. Existing and future records shall be available for public inspection during regular business hours at the official office of the Township.
D. 
The Board of Supervisors shall establish all administrative procedures necessary to properly carry out the provisions of this article.
E. 
The Board of Supervisors may establish a fee schedule, and authorize the collection of fees, to cover the cost to the Township of administering this program.
A. 
Appeals from final decisions of the Township or any of its authorized agents under this article shall be made to the Township Board of Appeals in writing within 30 days from the date of written notification of the decision in question.
B. 
The appellant shall be entitled to a hearing before the Township Board of Appeals at its next regularly scheduled meeting, if a written appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the next regularly scheduled meeting. The Township shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Township. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.
C. 
A decision shall be rendered in writing within 45 days of the date of the hearing.
Any violation of any provision of this article shall be deemed a summary criminal offense and shall be subject to a fine of not less than $600 plus costs for each day that the offense continues. Each day of noncompliance shall constitute a separate offense.