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Township of Middle Smithfield, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Middle Smithfield 7-10-2001 by Ord. No. 106. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Middle Smithfield Township Grease Trap Ordinance."
Unless the context specifically and clearly indicates otherwise, the meaning of terms and phrases used in this chapter shall be as follows:
COMMERCIAL ESTABLISHMENT
Any room, group of rooms, building or enclosure used or intended for use in the operation of one 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 and containing plumbing facilities for kitchen, toilet or washing facilities.[1]
DWELLING UNIT
Any room, group of rooms, house trailer or other enclosure occupied or intended for occupancy as separate living quarters by a family or other group of persons living together or by persons living alone.
EATING OR DRINKING PLACE
Any establishment where food, foodstuff or beverages is served to, or provided for human consumption, with or without charge, including, among others, hotels, restaurants, cafes, cafeterias, clubs, boardinghouses, ice cream parlors, soda water or soft drink fountains and bars or taverns.
FOOD OR BEVERAGE MANUFACTURING, PROCESSING AND MERCHANDISING ESTABLISHMENTS
Any establishment where food, food products and beverages are manufactured, processed, packaged or bottled, or sold for consumption off the premises of the seller, including, among others, bakeries, beverage distributors, bottlers, candy and confectionery manufacturers, dairies, frozen food locker plants, wholesalers and retailers and operators of vending machine services.
GREASE TRAP
A device installed in a sanitary waste pipe for the purpose of collecting grease and preventing it from continuing to travel in the waste piping system. Grease traps may be installed internally, in the inside of a building at the various grease-producing plumbing fixtures and equipment, or they may be installed externally, outside of the building.
GREASE TRAP MANAGEMENT PROGRAM
The rules and regulations promulgated by Middle Smithfield Township and the Middle Smithfield Township Sewer Department, which rules and regulations establish best management practices ("BMPs") for food service operators to ensure that they properly maintain their grease traps.
[Added 5-13-2010 by Ord. No. 174]
IMPROVED PROPERTY
Any property upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes shall be or may be discharged.
INDUSTRIAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure used or intended for use, in whole or in part, in the operation of one business enterprise for manufacturing, fabricating, processing, cleaning, laundering or assembling any product, commodity or article or from which any process waste, as distinct from sanitary sewage, shall be discharged.
INDUSTRIAL WASTES
Any solid, liquid or gaseous substance or water-borne wastes or form of energy rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources, as distinct from sanitary sewage.
INSTITUTIONAL ESTABLISHMENT
Any room, group of rooms, building or other enclosure which does not constitute a commercial establishment, a dwelling unit or an industrial establishment.
MIDDLE SMITHFIELD TOWNSHIP SEWER DEPARTMENT
The Middle Smithfield Township Sewer Department, acting by and through the Board of Supervisors of Middle Smithfield Township or, in appropriate cases, acting by and through its authorized representative(s).
[Added 5-13-2010 by Ord. No. 174]
OWNER
Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON
Any individual, partnership, company, association, society, corporation, trust, governmental body, political subdivision, municipality, municipality authority or other group or entity.
SANITARY SEWAGE
Normal water-carried household and toilet wastes from any improved property, including such ground, surface or storm water as may be present.
SEPARATOR
A device installed in a sanitary waste pipe for the purpose of separating and collecting oily and/or flammable wastes, sands, heavy solids, glass, rags, feathers and/or other similar materials, which may have a detrimental effect on the operation of the sewer system or sewage treatment facility, and preventing them from continuing to travel in the waste piping system.
SEWAGE COLLECTION SYSTEM
All facilities, as of any particular time, for collecting and transporting sanitary sewage and/or industrial wastes, acquired, constructed, owned and operated by the Sewer Department.
[Amended 5-13-2010 by Ord. No. 174]
SEWAGE DISPOSAL SYSTEM
All facilities, as of any particular time, for transporting, treating and disposing of sanitary sewage and/or industrial wastes, owned and operated by the Sewer Department.
[Amended 5-13-2010 by Ord. No. 174]
SEWER
Any pipe or conduit constituting a part of the sewage collection system used or usable for sewage collection purposes.
SEWER DEPARTMENT
See definition for "Middle Smithfield Township Sewer Department."
[Added 5-13-2010 by Ord. No. 174]
SEWER SYSTEM
The sewage collection system and the sewage disposal system.
TOWNSHIP
The Township of Middle Smithfield, Monroe County, a Pennsylvania municipality, acting by and through its Board of Supervisors or, in appropriate cases, acting by and through its authorized representative.
[1]
Editor's Note: The former definition of "authority," which immediately preceded this definition, was repealed 5-13-2010 by Ord. No. 174. See now the definition of "Middle Smithfield Township Sewer Department."
A. 
The provisions of this chapter are intended to apply to all existing and future users of the sewer system. Existing users shall have 90 days from the adoption of this chapter to construct such facilities and take such measures as may be necessary to bring their establishments in conformance with this chapter.
B. 
Future users of the sewer system shall be in compliance with this chapter at the time connection is allowed to the system.
Neither separators nor grease traps are required for dwelling units. If, however, groups of dwelling units utilize a common kitchen facility or dining facility, then the provisions of this chapter shall be applied.
[Amended 5-13-2010 by Ord. No. 174]
All users currently connected to the sewer system and all future users who apply for connection to the sewer system in the future are required to provide information and documentation to the Sewer Department sufficient so that the Sewer Department may determine whether a separator or grease trap is required.
The following wastes are prohibited from being deposited into the public sanitary sewer system: solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud, glass grindings, polishing wastes, fur, ashes, incinerator residue, dredged spoil, solid waste, construction materials, rock, sand, cellar dirt, feathers, wood, wax, cinders or medical waste.
A. 
Grease traps shall be provided when, in the opinion of the Sewer Department, they are necessary for the proper handling of liquid wastes containing floatable grease in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities. In general, grease traps shall be required at eating and drinking places and food or beverage manufacturing, processing and merchandising establishments.
[Amended 5-13-2010 by Ord. No. 174]
B. 
All interceptors shall be of a type and capacity approved by the Sewer Department and shall be located as to be readily and easily accessible for cleaning and inspection. All systems shall be designed, constructed and operated in accordance with the manufacturer's specifications.
[Amended 5-13-2010 by Ord. No. 174]
C. 
Grease traps shall be equipped with devices to control the rate of water flow so that the manufacturer's rating is not exceeded. The minimum capacity of a grease trap shall be such that the grease retention capacity measured in pounds of grease shall be at least two times the total flow-through rating measured in gallons per minute.
D. 
All grease traps shall be from a manufacturer with a minimum of five years of experience in the manufacturing of grease traps and/or shall conform to the Plumbing and Drainage Institute (PDI) Standard G101.
A. 
Separators shall be provided when, in the opinion of the Sewer Department, they are necessary for the proper handling of liquid wastes containing oil, sand, any flammable wastes or other harmful ingredients in such amounts as to cause obstruction to the flow in a sewer or other interference with the operation of the wastewater treatment facilities.
[Amended 5-13-2010 by Ord. No. 174]
B. 
All separators shall be of a type and capacity approved by the Sewer Department and shall be located as to be readily and easily accessible for cleaning and inspection. All systems shall be designed, constructed and operated in accordance with the manufacturer's specifications.
[Amended 5-13-2010 by Ord. No. 174]
C. 
Separators required. At repair garages, gasoline stations with grease racks, grease pits, or work racks, and at factories where oily and flammable liquid wastes are produced, separators shall be installed into which all oil-bearing, grease-bearing or flammable wastes shall be discharged before emptying in the building drainage system or other point of disposal.
D. 
Separation of liquids. A mixture of treated or untreated light and heavy liquids having various specific gravities shall be separated in any approved receptacle.
E. 
Design of oil and liquid separators. Liquid separators shall be designed as provided below:
(1) 
Overall requirements. Oil separators shall have a depth of not less than two feet below the invert of the discharge drain. The outlet opening of the separator shall have not less than an eighteen-inch water seal.
(2) 
Garages and service stations. Where automobiles are serviced, greased, repaired, washed or where gasoline is dispensed, separators shall have a minimum capacity of six cubic feet for the first 100 square feet of area to be drained, plus one cubic foot for each additional 100 square feet of area to be drained into the separator. Parking garages in which servicing, repairing or washing is not done, and in which gasoline is not dispensed, shall not require a separator. Areas of commercial garages which are used for storage of automobiles only are not required to be drained through a separator.
F. 
Sand separators. Separators for sand, grit and similar heavy solids shall be so designed and located as to be readily accessible for cleaning and shall have a water seal of not less than six inches. Sand and grit separators shall be required at all locations where cars or trucks are washed and shall have a minimum capacity of 500 gallons at such locations.
G. 
Laundries. Commercial laundries shall be equipped with separators having a wire basket or similar device, removable for cleaning, that will prevent passage into the drainage system of solids 1/2 inch or larger in size, string, rags, buttons or other materials detrimental to the public sewage system.
H. 
Bottling establishments. Bottling plants shall discharge their process wastes into a separator which will provide for the separation of broken glass or other solids, before discharging waste into the drainage system.
I. 
Slaughterhouses. Slaughtering room and dressing room drains shall be equipped with approved separators. The separator shall prevent the discharge into the drainage system of feathers, entrails and other materials that cause clogging.
J. 
Venting of separators. Separators shall be so designed that they will not become air bound if tight covers are used. Each interceptor or separator shall be vented when subject to loss of trap seal.
A. 
The owner of each improved property shall be responsible for all costs associated with the installation, operation, maintenance and replacement of separators and/or grease traps. These costs shall include the cost of properly disposing of the accumulated material.
B. 
If a separator or grease trap at an improved property was not installed or malfunctions due to lack of maintenance, lack of cleaning or any other reason and such lack of installation or failure shall cause blockages, sewage back-ups, sewage overflows or in any other manner damages or interferes with the operation of the sewer system, then the owner of the improved property shall be responsible to pay for all costs required to repair and clean the sewer system. Such costs shall include, but shall not be limited to, cleaning costs, pumping costs, engineering costs, legal fees and administrative costs.
[Amended 5-13-2010 by Ord. No. 174]
A. 
The Sewer Department shall have the right to inspect the grease traps and/or separators to ensure that the systems are in working order and that the systems are being property maintained and cleaned. The Sewer Department shall have the right to inspect the cleaning records at the time the inspection occurs.
B. 
Refusal to schedule any inspection will be considered a refusal to comply with the rules and regulations of the Middle Smithfield Township Grease Trap Ordinance and the Middle Smithfield Township Sewer Department Grease Trap Management Program which will be treated as a violation and subject to the penalties as set forth in § 110-14, Violations and penalties.
[Amended 5-13-2010 by Ord. No. 174]
The owner of an improved property which utilizes a grease trap and/or separator shall at all times keep the system in good working condition. The traps or separators shall be cleaned periodically to keep them in good working order. All traps or separators shall be cleaned at least once every three months. The records shall include the date of disposal, the means of disposal, the name and signature of the person responsible for supervising the cleaning of the separators and grease traps and the proper disposal of the accumulated material. Forms are furnished by the Middle Smithfield Township Sewer Department and must be completed by the owner of each business establishment, and said owner shall transmit a copy of the cleaning records to the Sewer Department. Records of each cleaning shall be maintained by the establishment for a period of three years.
[Amended 5-13-2010 by Ord. No. 174]
All material which is removed from the separators and/or grease traps shall be properly disposed of by the owner. Under no circumstances shall accumulated material be allowed to enter into the sanitary sewer system. Any removal and hauling of the collected materials not performed by owner's (owners') personnel must be performed by currently licensed waste disposal firms. All grease haulers shall be properly licensed by the Commonwealth of Pennsylvania, as required, and supply the Middle Smithfield Township Sewer Department with a copy of the hauler's manifest.
[Amended 5-13-2010 by Ord. No. 174]
The Sewer Department may exercise any of its rights under this chapter through one or more agents, including the township, all subject to the control of the Sewer Department.
A. 
Any person who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding before a district justice, shall pay a fine of not more than $600 per violation, plus all court costs, including reasonable attorney's fees incurred by the township in the enforcement of this chapter. Each day the violation exists shall constitute a separate offense. In any case where a penalty for a violation has not been timely paid, and the person against whom the penalty was imposed is found to have been liable therefor in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney's fees incurred by the township in the enforcement proceedings. If the violator neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure.
B. 
The township shall be exempt from the payment of costs in any civil case brought to enforce this chapter.
C. 
In addition to or in lieu of a civil action before a district justice, the township may enforce this chapter in equity. The appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunctions, to enforce compliance herewith.
[Amended 5-13-2010 by Ord. No. 174]
The Sewer Department reserves the right, from time to time, to adopt modifications of, supplements to or amendments of this chapter.