[Adopted 5-9-2007 by Ord. No. 4961 (Art.
1133 of the 1965 Codified Ordinances)]
Unless the context specifically and clearly
indicates otherwise, the meaning of the terms used in this article
shall be as follow:
A certified sewage enforcement officer, code enforcement
officer, professional engineer, plumbing inspector, health administrator,
health officer, or any other qualified or licensed person who is delegated
by the City 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 FOG to the sewer facilities.
City of Easton, Northampton County, Pennsylvania.
City Council of City of Easton, Northampton County, Pennsylvania.
The introduction of wastewater into the City of Easton Sewer
System.
The discharge, deposit, injection, dumping, spilling, leaking
or placing of any 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 liquid
waste at a disposal site, and who is authorized to sign a manifest.
A permitted site or part of a site at which 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 and at which site said wastewater will remain
after closure.
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.
Any substance, such as a vegetable, animal or other product,
that is used in or is a by-product of the cooking or food preparation
process and that turns or may turn viscous or solidifies with a change
in temperature or other conditions.
The permit issued to a new or existing facility that grants
the facility permission to discharge its wastewater into the City's
sewer system under the conditions of this article.
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.
Any new or existing facility that cuts, cooks, bakes, prepares
or serves food, or which disposes of food-related wastes and/or which
has a local, state and/or federal food service permit.
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.
Waxes, free fatty acids, calcium and magnesium soaps, mineral
oils and certain other nonfatty material from animal or vegetable
sources, or from hydrocarbons of petroleum origins, commonly found
in wastewater from food preparation and food service. Grease may originate
from, but not be limited to, discharges from scullery sinks, pot and
pan sinks, dishwashing machines, soup kettles and floor drains located
in areas where grease-containing materials may exist.
The formal written control document required and issued by
City of Easton to a transporter, which authorizes and entitles the
transporter to collect and transport, or transport and dispose of,
grease interceptor waste at a permitted or registered treatment storage
or disposal site, and regulates such activities.
A water-tight 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.
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.
A grease control device that is used to serve individual
fixtures with a capacity of five to 50 gallons 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.
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.
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, multi-part 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.
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; or
Any remodeling or modification that results
in a new facility as determined by the City.
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 (2) or (3) 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 material, but particularly biological lipids and mineral
hydrocarbons, that is recovered as a substance soluble in an organic
extracting solvent using an appropriate analytical method approved
under 40 CFR Part 136. It also includes other material extracted by
the solvent from an acidified sample and not volatilized during the
extraction procedure.
Any person vested
with ownership, legal or equitable, sole or partial, of any property
located in the City.
Any person 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 the City of Easton, including
mains, interceptors, pumping stations, treatment plant, force mains,
and other related wastewater facilities.
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.
If the depth of scum and solids in the interceptor exceeds
25% of the usable volume, then the grease interceptor must be pumped
out.
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.
The liquid and water-carried wastes from dwellings, commercial
establishments, industrial facilities and institutions, whether treated
or untreated.
A.
Wastewater that contains fats, oils or grease shall
be discharged into the sewer system only under the conditions of this
article. The following facilities shall discharge all wastewater from
sinks, dishwashers, drains and any other fixtures through which grease
may be discharged into an adequately sized, properly maintained and
functioning grease interceptor before the discharge enters the sewer
system:
(1)
Every commercial food service establishment;
(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 impede or stop the flow of 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. Modifications to existing facilities that
do not add new building or new grease-generating activities are excepted
from this requirement.
C.
Grease interceptors shall not be required for single-family
residences, duplexes, triplexes, quadplexes, or apartment complexes,
unless an authorized agent first determines there are discharges from
the property that may create problems in the sewer system. The determination
shall be made based upon an investigation of the property and a comparison
of the content and amount of discharge from the property with the
discharges of other properties similar in size and use. Upon a determination
that the discharges will create problems in the sewer system, the
authorized agent may require the installation of a sufficiently sized
grease interceptor to treat the discharges.
A.
On or after the effective date of this article, an
existing facility shall be required to install an approved, adequately
sized, and properly operated and maintained grease interceptor when
any of the following conditions exists:
(1)
It is found by an authorized agent to be contributing
grease in quantities sufficient to cause sewer line stoppages or necessitate
increased maintenance on the sewer system in order to keep main line
stoppages from occurring.
(2)
It is remodeling the food preparation or kitchen waste
plumbing facilities in such a manner to be subject to a permit.
(3)
Its grease interceptor allows a discharge of oil and
grease in excess of 100 mg/l and the generator does not perform best
management practices.
(4)
Existing facilities required by this or other applicable
ordinances to maintain a grease interceptor and that are equipped
with an undersized grease interceptor shall, within 180 days of the
effective date of this article, install an adequately sized grease
interceptor in accordance with the specifications of this article.
(5)
Existing facilities required by this or other applicable
ordinances to maintain a grease interceptor and that are equipped
with a grease interceptor shall, within six months of the effective
date of this article, install an adequately sized grease interceptor
in accordance with the specifications of this article.
(6)
New facilities required by this or other applicable
ordinances to maintain a grease interceptor shall install such a unit
prior to commencement of discharge to the sewer system.
B.
On or after the effective date of this article, any
existing facility or new facility that is required to utilize a grease
interceptor must obtain a FOG permit from the City.
The following prohibitions shall apply:
A.
Where fats, oil and grease are a by-product of food
preparation and/or cleanup, reasonable efforts shall be made to separate
waste oil and grease into a separate container for proper disposal.
Except as contained in by-products of food preparation and/or cleanup,
waste oil and grease 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 utilized by industry or disposed of at
suitable disposal sites.
B.
None of the following agents shall be placed directly
into a grease interceptor 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)
Illegal discharge items, such as hazardous wastes,
including but not limited to acids, strong cleaners, pesticides, herbicides,
paint, solvents or gasoline.
(5)
Use of grease interceptor treatment products, including
bacteria, designed to digest grease, is specifically prohibited without
prior written consent of the City.
(a)
Acceptance of such products for use may be considered
only where a valid screening test, showing the product's ability to
treat the wastewater and to produce an influent in compliance with
this article, has been performed in accordance with methods outlined
by the City and approved by the City.
(b)
If a product is approved, each generator shall
obtain written permission from the City to use the product.
(c)
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.
(d)
Toilets, urinals and other similar fixtures
shall not discharge through a grease interceptor.
(e)
All waste shall only enter the grease interceptor
through the inlet flow control device, then the inlet pipe.
(f)
Where food-waste grinders are installed in a
nonresidential establishment, the waste from those units shall discharge
directly into the building drainage system without passing through
a grease interceptor.
(g)
The concentration of fats, oil and grease that
can be discharged to the sewer system shall not exceed 100 mg/l if
the generator does not perform best management practices.
A.
All new and existing facilities, both commercial and
industrial, dealing with grease shall at the permittee's expense and
as required by the City:
(1)
Provide an adequately sized and properly constructed
grease interceptor.
(2)
Maintain backup copies of manifests and service logs
on the premises of the existing facility for at least five years.
(3)
Generators are responsible for maintaining grease
interceptors in continuous proper working condition. Further, generators
are responsible for inspecting, 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 City.
(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 City'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 City 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:
(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)
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 interceptors 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 City's discharge limitations. 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
U.S. Environmental Protection Agency 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 City.
(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
engineer licensed in the state of Pennsylvania.
(5)
Construction/installation: 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.
(c)
Grease interceptors are to be installed at a
minimum distance of 10 feet from sinks and dishwashers 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, dishwashers,
mop sinks and floor drains. Notable exceptions: Drains that receive
"clear water" only, such as 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 person responsible for discharges requiring a
grease interceptor shall, at his own expense and as required by the
City, provide plans and specifications for equipment and facilities
of a design type and design capacity as described in § 475-7B
approved by the City. 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 City'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 City's specifications shall not constitute
a defense to unlawful discharge and shall not limit the generator's
liability for any surcharge stated in this article.
C.
If the City's authorized agent determines that there
is a need for installation or upgrading of sample ports or grease
interceptors on an existing facility, the City may order installation
or upgrading of such interceptors. If the City orders such installation,
then the City shall serve notice of such order upon the generator.
Within 10 days of receipt of such order, the generator may demand
a hearing to review such order, in which case the City shall schedule
a hearing to review such order within 30 days of receiving the demand
for review from the generator. If a hearing to review the order is
scheduled, the City shall serve notice of the hearing to review such
order upon the generator at least 10 days before the date of such
hearing. At the hearing to review the order, the generator may present
evidence and the City may make new findings and issue new orders concerning
the subject of the original hearing. 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 City 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 City, 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 City, 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 City. 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 City may waive the requirement for a grease interceptor,
provided the generator can verify that only domestic wastewater is
being discharged. The City may require testing by the generator in
connection with this request, with all costs for this testing being
the generator's expense.
A.
In the event that an outside grease interceptor is
not practicable, an under-the-sink grease trap or interior active
interceptor may be installed subject to the approval of the City.
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.
(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 City.
(b)
There shall be sufficient clearance for the
removal of the cover for cleaning.
(c)
Unless specifically approved by the City, runs
of pipe exceeding 25 feet between fixture and grease traps/interior
active interceptor shall not be permitted.
(d)
The grease traps/interior active interceptor
shall not be installed in a waste line from a garbage grinder.
(e)
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.
(f)
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.
(g)
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.
(h)
With the approval of the City, 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.
(i)
Under-the-sink grease traps/interior active
interceptors shall be cleaned at a minimum of every three days. A
cleaning log shall be maintained.
A.
It is unlawful for any existing facility or new facility
to discharge wastewater from a grease interceptor without authorization
in the form of a FOG permit. Application for a FOG permit shall be
made to the City. If, after examining the information contained in
the FOG permit application, it is determined by an authorized agent
that the proposed discharge does not conflict with the provisions
of this article, or any other federal, state or local requirement
or regulation, a FOG permit shall be issued at the same time the food
service permit is paid and issued, allowing the existing facility
or new facility to discharge into the sewer system. A FOG permit shall
be issued for a time not longer than one year and must be renewed
when the food service permit is renewed. The terms and conditions
of the FOG permit may be subject to modification by the City at any
time during the term of the FOG permit as limitations or requirements
as identified in this section are modified or other just causes exist.
The generator shall be informed of any proposed change(s) in writing
by the City. Any changes or new conditions in the FOG permit shall
include a reasonable time schedule for compliance.
(1)
As a condition precedent to the granting of a FOG
permit, the permittee agrees to hold harmless the City or authorized
agent from any liabilities arising from the permittee's operations
under the FOG permit.
(2)
The FOG permit application shall include the following:
(a)
The generator's name, address and telephone
number, and the name, address and telephone number of the existing
facility to be serviced, if different.
(b)
The name, title, address and phone number of
each of the authorized signatory representatives.
(c)
The name of the contact person for the existing
facility.
(d)
Name(s) on the water supply account(s), the
water service account number(s), and a copy of the last water bill.
(e)
A description of any anticipated changes or
expansions to the existing facility during the next three years that
could alter wastewater volumes or characteristics.
(f)
The size of each existing grease interceptor,
how often they are currently served and if any additives are used.
(g)
The current shift information.
(h)
A list of all major equipment used for food
preparation.
(i)
The precise and unambiguous location of the
grease interceptor(s) on the property, including a diagram if necessary.
(j)
A signature and date by an authorized signatory
representative.
B.
No person or organization shall provide grease interceptor
hauling, pumping, cleaning or inspection services in the City unless
permitted by the City. The person or organization shall apply to become
permitted by fully completing and signing the City's grease hauler's
application and paying the registration fee, as established by City
resolution. Revocation of a grease hauler's permit by the City may
be performed for any of the following reasons:
C.
A copy of the FOG permit application, the grease hauler's
permit application, and list of approved haulers can be obtained by
contacting the City of Easton, Monday through Friday, between the
hours of 8:30 a.m. and 4:30 p.m. at (610) 250-6608.
A.
Required pumping frequency.
(1)
Unless otherwise specified by the City, each grease
interceptor in active use should be cleaned at least once every 90
days or more frequently as needed to prevent carry over grease into
the sewer system, unless it can be demonstrated to the City that the
pumping frequency can be performed at greater intervals with best
management practices. The City may specify cleaning more frequently
when quarterly pumping is shown to be inadequate. Additional pumping
may be required during time periods where increased loading is anticipated.
Any generator desiring a schedule less frequent than 90 days shall
submit at request to the City along with testing (as required by the
City) and copies of the cleaning records for the last four cleanings,
including measurements of the thickness of the surface scum/grease
layer and solids.
(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 FOG permit of the existing facility may be amended
so as to compel more frequent pumping and cleaning of the grease interceptor.
B.
Requirement for increased pumpage or servicing. If
the City finds that a change in pumpage or servicing of a grease interceptor
is necessary for an establishment to meet the discharged limits stated
in this article the City may order a change in pumpage or servicing.
If the City orders a change in the pumpage or servicing, then the
City shall serve notice of such order upon the generator. Within 10
days of receipt of such order, the generator may demand a hearing
to review such order, in which case the City shall schedule a hearing
within 30 days of receiving the demand for review from the generator.
If a hearing to review the order is scheduled, the City shall serve
notice of the hearing to review such order at east 10 days before
the date of such hearing. At the hearing to review the order, the
generator may present evidence, and the City 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 manifest. The manager shall make an appropriate
entry in the maintenance log and post the generator section of the
manifest in a conspicuous place with the log on the premises. Said
manifests and maintenance logs shall be made immediately available
to any authorized agent.
D.
Each grease interceptor pumped shall be fully evacuated
unless the grease interceptor volume is greater than the tank capacity
on the vacuum truck, in which case the transporter shall arrange for
additional transportation capacity 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 prohibited.
A.
Grease interceptor waste originating within the City
shall be disposed of at approved disposal sites.
B.
Only Grease haulers permitted to operate within the
city, as witnessed by a valid grease hauler's permit issued by the
City, shall be utilized.
C.
All wastewater removed from each grease interceptor
shall be disposed of at a permitted disposal site. In no way shall
the pumped material be returned to any private or public portion of
the sewer system without prior written approval from the City, nor
may it be returned to any portion of the sewer system not specifically
designated by the City. Additionally, grease removed from a grease
interceptor shall not be recycled so as to become a food product for
animal or human consumption.
D.
All permitted grease haulers must show evidence of
adequate insurance for their firms or their subcontractors. Evidence
of insurance coverage shall be presented to the City in the form of
insurance certificates.
E.
Insurance certificates shall be kept current with
the City during the period the firm is working in the City for the
purpose of maintaining or constructing grease interceptors.
When an existing facility with a grease interceptor
closes for business and is subsequently:
A.
Razed or demolished, then any grease interceptor(s)
shall be physically removed.
B.
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:
(1)
Be 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
(2)
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.
C.
In all instances, the owner of the premises shall
appropriately inform the City 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, whether or not
the generator possesses a FOG permit, 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 and FOG permit 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 City 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 City 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 City designed to verify compliance
with this article or any permit or order issued hereunder, or to protect
the overall public health, safety and welfare of the community, then
the City may seek issuance of a search warrant from any court of competent
jurisdiction.
A.
The City shall fully utilize those powers it possesses
through enabling statutes and ordinances to effect the purposes of
this article.
B.
The City may establish all administrative procedures
necessary to properly carry out the provisions of this article.
C.
The City shall employ authorized agents to carry out
the provisions of this article. The City 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 City shall become the property
of the City. Existing and future records shall be available for public
inspection during normal business hours at the official City office.
All records pertaining to FOG permits, building permits, occupancy
permits and all other aspects of this article shall be made available
upon request. The City may charge a fee for copying.
The City may adopt, by separate resolution,
charges, surcharges and fees for application, operation, enforcement,
administration, and reimbursement of costs incurred pursuant to this
article.
A.
The City, with the approval of City Council, may establish
permit fees under this article.
B.
The fees for such permits shall be for a permit issued
for a period of one year. The City may prorate the amounts for permits
with shorter durations. All permits will expire at 12:00 midnight
on the date specified on the permit as determined by the City.
A.
It is unlawful for any generator to discharge into
the sewer system in any manner that is in violation of this article
or of any condition set forth in this article. Additionally, a person
commits an offense if the person causes or permits the plugging or
blocking of or otherwise interferes with or permits the interference
of a grease interceptor or the sewer system, including alteration
or removal of any flow-constricting devices so as to cause flow to
rise above the design capacity of the grease interceptor.
B.
No person and/or existing facility shall discharge
grease in excess of 100 mg/l to the sewer system unless the generator
is performing best management practices. If such discharge occurs,
the person or existing facility shall be considered in violation of
this article and subject to the remedies described herein. This includes
nonpermitted existing facilities.
C.
The City may suspend water or sewer service when such
suspension is necessary, in the opinion of the City, in order to stop
an actual or threatened discharge which:
(1)
Presents or may present an imminent or substantial
endangerment to the health or welfare of persons or the environment;
(2)
Causes stoppages or excessive maintenance to be performed
to prevent stoppages in the sewer system;
(3)
Causes interference to the sewer system; or
(4)
Causes the City to violate any condition of its NPDES
permit.
D.
Any person notified of a suspension of the water or
sewer service shall immediately stop or eliminate the discharge. In
the event of a failure of the person to comply voluntarily with the
suspension order, the City shall take such steps as deemed necessary,
including immediate termination of water or sewer service, to prevent
or minimize damage to the sewer system or sewer connection or endangerment
to any individuals. The City shall reinstate the water or sewer service
when such conditions causing the suspension have passed or been eliminated.
A detailed written statement submitted by the generator describing
the cause(s) of the harmful discharge and the measure(s) taken to
prevent any future occurrence shall be submitted to the City within
15 days of the date of occurrence.
E.
In additions to prohibiting certain conduct by persons,
it is the intent of this article to hold a corporation, association,
LLC, LLP or PS legally responsible for prohibited conduct performed
by an agent acting in behalf of a corporation or association and within
the scope of his office or employment.
F.
Any person who violates or fails to comply with any
provision of this article shall, upon conviction thereof by a summary
proceeding action brought before a Magisterial District Judge in the
same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, be sentenced to pay
a fine of not less than $100, nor more than $1,000, plus all court
costs, or imprisonment. Each day's continuance of a violation of this
article shall constitute a separate offense.
[Amended 2-11-2009 by Ord. No. 5181]
G.
Generator is liable to the City for any expense, loss
or damage occasioned by the City for reason of appropriate cleanup
and proper disposal of said wastewater materials. Additionally, an
administrative fee equal to 1/2 of assessed cleanup costs shall be
levied by the City against the guilty party.
H.
The discharge by the City of its obligations as set
forth in this article shall create no liability upon the City, its
officials, employees or agents.
I.
All reports, inspections, appraisals, certification
or records required or produced by the City, its officials, employees
or agents, as required by this article, shall be for the use and benefit
of the City only and shall not be accepted, utilized or relied upon
by any other person or party by way of certification or otherwise.
