[Adopted 3-9-2010 by Ord. No. 334]
This article will assist the Bucks County Water and Sewer Authority
with respect to the design, installation, maintenance and repair of
oil and grease interceptor trap systems, will tend to prevent the
discharge of certain oil, grease, fats, grit, and similar materials
into the public sewer systems and establishes penalties for violations
of this article.
As used in this article, the following terms shall have the
meanings indicated:
Any person owning a building or structure containing an oil
and grease interceptor/trap system and/or any person using said system.
The definition shall also include any person owning a commercial building
or commercial structure not containing an oil and grease interceptor/trap
system, wherein oil or grease may be discharged in to the public sanitary
sewer system in violation of applicable discharge standards.
Any individual, partnership, corporation, limited liability
company or another legal entity.
Prohibited discharge standards are described in the Industrial
Wastewater Discharge and Pretreatment Rules attached to this article,
as Exhibit A.[1]
An individual or a business entity providing inter alia,
design, installation, inspection, maintenance, repair and/or pumping
and hauling services for oil and grease interceptor/trap systems.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
A.
This article shall apply to all commercial, industrial and institutional
establishments located within New Britain Borough.
B.
Oil and grease interceptor trap systems, to the extent not otherwise
controlled by the provisions of the Uniform Construction Code, are
required for all restaurants, food preparation facilities and/or other
establishments, including but not limited to repair shops and service
stations in the Borough having the potential to discharge oil and/or
grease into the sanitary sewer system.
C.
In addition to any other regulatory requirements herein, all persons
subject to this article shall adhere to the applicable provisions
of the 2006 International Plumbing Code, as amended or from time to
time.
A.
Subject to and consistent with the requirements of the Uniform Construction
Code, an oil and grease interceptor/trap system must be the type and
capacity approved by the owner's or user's design professional
and must be located for easy accessibility to clean, inspect, maintain
and repair.
B.
The owner or person utilizing any property connected to the sanitary
sewer system of the Bucks County Water and Sewer Authority shall permit
an authorized agent of the Water and Sewer Authority:
(1)
To enter all properties and facilities for the purpose of inspection,
sampling, and testing to determine compliance with the provisions
of these regulations.
(2)
To 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.
C.
Any oil and grease interceptor/trap system may be inspected by an
authorized agent of the Water and Sewer Authority at any reasonable
time.
D.
Such inspection may require a physical tour of the property, sampling
of the oil and grease interceptor/trap, and dye-testing of the interior
plumbing to determine the path and ultimate destination of the generated
wastewater.
E.
An authorized agent of the Water and Sewer Authority shall have the
right to enter upon land for purposes of inspections.
F.
An initial inspection may be conducted by an authorized agent of
the Water and Sewer Authority to determine the type and functionality
of each oil and grease interceptor/trap system.
G.
A schedule of routine inspections of the Water and Sewer Authority
may be established to assure proper functioning of the oil and grease
interceptor/trap system.
H.
An authorized agent of the Water and Sewer Authority may inspect
systems known or alleged to be malfunctioning. Should said inspections
reveal that the system is malfunctioning, the authorized agent shall
order that action be taken to correct the malfunction and the owner
or operator shall immediately effect any required maintenance or repair.
A.
Every person owning a building or structure containing an oil and
grease interceptor/trap system, as well as any person making use of
an oil and grease interceptor/trap system, shall have said system
pumped by a qualified contractor within 60 days of the effective date
of this article. Thereafter, all persons required to pump an interceptor/trap
system shall do so at least every quarter. The owner and/or user of
the oil and grease interceptor/trap system shall submit receipts from
the contractor confirming the required pumpings within two weeks after
the removal of the accumulated oil and grease. The Borough Code Enforcement
Officer shall provide a copy of this article to persons in the Borough
who are subject to the terms of this article within 30 days after
the effective date of this article.
B.
The required pumping frequency may be increased by the Water and
Sewer Authority for good cause shown.
C.
Any person owning a property served by an oil and grease interceptor/trap
system, as well as any person making use of an oil and grease interceptor/trap
system, must submit, with each required pumping receipt, a written
statement from the contractor certifying that the contractor has inspected
the interceptor/trap system, including the baffles in the system,
and that all the system elements have been found to be in good working
order. In the event that any inspection, whether by the contractor
or by any municipal or Water and Sewer Authority inspector reveals
the need for maintenance or repair, the owner or person using the
system shall immediately obtain the maintenance and/or repair and
shall thereafter submit a written statement by the contractor making
the repair or performing the maintenance, certifying that the system,
including the baffles are in good working order.
D.
Any person owning a building served by an oil and grease interceptor/trap
system as well as any person using such a system shall follow the
operation and maintenance recommendations of the equipment manufacturer.
Notwithstanding any provision in this article to the contrary, the
pumping intervals for such systems shall not exceed the intervals
recommended by the system manufacturer.
A.
All such intercepted/trapped grease and oil 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 shall be deposited at sites or facilities
approved by PADEP.
B.
Contractors, as the term is defined above, operating within New Britain
Borough shall operate in a manner consistent with the provisions of
the Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101–1003)
and all other applicable laws.
Should any person violate any provision of this article, New
Britain Borough is authorized to pursue all legal and equitable remedies
available to it in order to effectuate compliance.
A.
In addition to any other remedies provided to the Borough by law
and equity, any person violating any of the provisions of this article
shall be guilty of a summary offense, and upon conviction thereof,
shall be subject to a fine in an amount not exceeding $600, plus costs
of prosecution, and in default of payment of such fine and costs,
be subject to imprisonment for up to 30 days. A violation of this
article is established upon discovery of noncompliance with the provisions
of this article. Accordingly, it shall not be necessary for the Borough
to notify an owner or user of an oil and grease interceptor/trap system
of a possible violation in order to establish liability hereunder.
B.
In addition to the penalty set forth in the preceding subsection, Subsection A, in the event of a continuing violation of this article, whenever an owner or person utilizing an interceptor/trap system shall be notified to correct such violation and the owner or person utilizing the system fails to commence compliance with the requirements of the notice within 30 days and to comply fully with the requirements of the notice within 60 days, then each day of noncompliance after the delivery of the notice shall constitute a separate violation punishable by a daily fine of up to $600, plus costs of prosecution, and in default of payment of such fine and costs, be subject to imprisonment for up to 30 days. Nothing in this subsection shall be construed to prevent the Borough Code Enforcement Officer from issuing a summary citation upon discovery of a violation without first providing a notice to correct the violation.