[HISTORY: Adopted by the Township Committee of the Township of South Hackensack 3-9-2017 by Ord. No. 2017-02. Amendments noted where applicable.]
To aid in the prevention of sanitary sewer blockages, backups and obstructions from contributions and accumulation of fats, oils, and greases into the sanitary sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.
As used in this chapter, the following terms shall have the meanings indicated:
FATS, OILS, AND GREASES ("FOG")
Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations, 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
FOOD SERVICE FACILITY
Those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, nondrinkable food product in or on a receptacle that requires washing. These facilities include restaurants, cafeterias, hotels, motels, hospitals, nursing homes, schools, grocery stores, prisons, jails, churches, camps, caterers, manufacturing plants, or any other sewer users who discharge applicable waste as determined by the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector.
GREASE TRAP
A device for separating and retaining waterborne greases and grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settleable solids generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system.
USER
Any person who contributes, causes or permits the contribution or discharge of wastewater into sewers within the Township's boundaries, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.
A. 
Any new construction, renovation or expansion of food service facilities shall be required to submit to the Township a FOG and food waste control plan that will effectively control the discharge of undesirable materials into the wastewater collection system.
B. 
Any existing food service facilities shall also be required to submit a FOG and food waste control plan that will effectively control the discharge of undesirable materials into the wastewater collection system. Each food service facility will have 90 days from the passage of this chapter to provide the plan. Existing facilities shall not be exempt from the requirements of this chapter. There will be no "grandfathering."
C. 
The control plan must be submitted, signed and sealed, from a licensed architect if required by the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector.
D. 
Evaluation of current traps and cleaning frequency by rendering company must be prepared and submitted to the Plumbing Subcode Official, Construction Official, Township representative or health inspector.
All existing, proposed, or newly remodeled food service facilities inside the Township of South Hackensack shall be required to install, at the user's expense, an approved, properly operated and maintained grease trap or acceptable grease recovery system.
Access to grease traps shall be available during normal Township business hours to allow for their maintenance and inspection by the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector. Access includes the ability to open the trap, if the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector requires access. Should an emergency situation arise, the access must be provided to the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector.
A. 
Cleaning. The user, at the user's expense, shall maintain all grease traps to assure proper operation and efficiency. Maintenance of grease traps shall include the complete removal of all contents, including floating materials, wastewater, and bottle sludge and solids. Decanting or discharging of removed waste back into the trap from which it was removed or any other grease trap, for the purpose of reducing the volume to be disposed, is prohibited. Any needed repairs shall be noted. Repairs shall be made at user's expense.
B. 
Cleaning frequency. The grease trap must be pumped out completely a minimum of once a month, or more frequently, as determined by the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector as needed to prevent carryover of grease into the sanitary sewer system. This work shall be performed by a qualified and licensed hauler.
C. 
Disposal. The grease trap must be cleaned and maintained in a way pursuant to the control plan.
D. 
Maintenance log. A grease trap cleaning/maintenance log indicating each cleaning for the previous 24 months shall be maintained by each food service facility. This log shall include the date, time, amount pumped, employee/user, hauler (if applicable), and disposal method and shall be kept in a conspicuous location for inspection. Said log shall be made available to the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector upon request.
E. 
Retention of Records. Each user shall retain all cleaning and maintenance records for review by the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector upon their request. The maintenance records shall include the following information:
(1) 
Facility name, address, contact person, and telephone number.
(2) 
Company name, address, telephone number, and contact name of person responsible for performing the maintenance, cleaning, pumping, or repair of grease trap.
(3) 
Types of maintenance performed.
(4) 
Dates maintenance was performed.
(5) 
Date of next scheduled maintenance.
(6) 
Copies of manifests.
F. 
The Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector will perform periodic inspections of these facilities and shall notify the user of any additional required maintenance or repairs. Upon written notification by the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector, the user shall be required to perform the maintenance and records of said maintenance within 14 calendar days. Upon inspection by the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector, the user may be required to install, at his expense, additional controls to provide a complete system which prevents discharges of undesirable materials into the waste water collection system.
Any biological additive(s) placed into the grease trap or building discharge line including, but not limited to, enzymes, commercially available bacteria, or other additives designed to absorb, purge, consume, treat, or otherwise eliminate fats, oils, and grease shall in no way be considered as a substitution to the maintenance procedures required herein.
A. 
Recovery of damages. When the discharge from a food service facility causes obstruction, damage, or any other impairment to the treatment works or causes any expense, fine, penalty, or damage of whatever character or nature to the Township, the Township of South Hackensack shall invoice the owner for same incurred by the Township. If the invoice is not paid, the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector shall notify the Township Attorney who shall take such actions as shall be appropriate to seek reimbursement.
B. 
Penalty. Any person who violates the chapter is subject to the following fines:
(1) 
First offense: Up to $250 per day until corrected, plus reimbursement of costs and damages.
(2) 
Second offense: $500 per day until corrected, plus reimbursement of costs and damages.
(3) 
Third or more offense: $1,000 per day until corrected, plus reimbursement of costs and damages, plus possible closure of discharge to Township sewers.
(4) 
Failure to draft the control plan shall result in a fine of $50 per day until corrected.
(5) 
Failure to maintain the maintenance log shall result in a fine of $50/day until corrected.
(6) 
Violations of § 122-6, entitled "Maintenance," may result in the user hiring a qualified and licensed hauler to maintain the grease traps for one year from the time of the violation, based on the determination of the Plumbing Subcode Official, Construction Official, Township representative, licensed plumber or health inspector.
The remedies provided for in this chapter are not mutually exclusive. The Plumbing Subcode Official, Construction Official, Township representative or health inspector may take any, all, or any combination of these actions against a noncompliant person.
If any section or provision of this chapter shall be held invalid in any court, the same shall not affect the other sections or provisions of this chapter except so far as the section or provision so declared invalid and shall be inseparable from the remainder or any portion thereof.
A. 
All ordinances or parts of ordinances which are inconsistent with this chapter are hereby repealed, but only to the extent of such inconsistency.
B. 
This chapter shall take effect upon final passage and publication as prescribed by law.