[Adopted 7-9-2018 by Ord.
No. 1371]
A.
This article establishes uniform requirements for users of the Borough
of Catasauqua Publicly Owned Treatment Works (hereinafter "POTW")
for the capture and disposal of fats, oils and grease ("FOG") so as
to enable the Borough of Catasauqua to comply with all applicable
state and federal laws, including but not limited to the Act and the
pretreatment regulations promulgated by the Environmental Protection
Agency found at 40 CFR 403, all for the purpose of preventing sanitary
sewer overflows, effluent quality violations and other environmental
harm and property damage.
B.
This article is enacted pursuant to the requirements and authorizations
of federal and state laws and regulations relating to the operation
of municipal sanitary sewer systems and accordingly the provisions
of any state law or municipal code setting or authorizing lesser standards
are deemed to be in conflict with the requirements of this article
and are therefore inapplicable as to the subject matter hereof.
C.
The objectives of this article are:
(1)
To prevent the introduction of FOG into the POTW which would interfere
with its operation and degrade the quality of the effluent;
(2)
To prevent sanitary sewer overflows (hereinafter "SSO"), caused in
whole or in part by FOG blockage, where sewerage flows out of a manhole
cover and along the ground, causing contamination of the ground, local
water bodies and any other property with which the sewerage comes
into contact;
(3)
To promote reuse and recycling of FOG prior to discharge into the
municipal sanitary sewer system; and
(4)
To enable the Borough to comply with federal, state and local pollutant
discharge limits as well as the requirements of its NPDES permit.
As used in this article, the following terms shall have the
meanings indicated:
The Clean Water Act, 33 U.S.C. § 1251 et seq. (formerly
the Federal Water Pollution Control Act).
The value of the five-day test for biochemical oxygen demand,
as described in the latest edition of "Standard Methods for the Examination
of Water and Wastewater," hereinafter "BOD."
Borough of Catasauqua, Lehigh County, Pennsylvania.
The value of the test for chemical oxygen demand, as described
in the latest edition of "Standard Methods for the Examination of
Water and Wastewater," hereinafter "COD."
Any facility (exclusive of residential facilities) which,
whether or not for profit, engages in some or all of the activities
of cooking, preparing, serving or otherwise making available for human
consumption any form of foodstuff, and which uses one or more of the
following cooking or preparation methods in connection with such activities:
cooking or preparation by frying (all methods), baking (all methods),
grilling, sauteing, rotisserie cooking, broiling (all methods), boiling,
blanching, roasting, toasting, poaching, or any type of cooking or
preparation that produces a hot, nonpotable product in or on a receptacle
that requires washing, rinsing or other form of cleaning. A cooking
establishment includes, but is not limited to, restaurants, cafeterias
contained within a commercial establishment, personal care facilities,
school cafeterias (public and private), and day-care facilities in
which meals for more than six individuals (including staff) are prepared
or otherwise made available for human consumption.
The United States Environmental Protection Agency.
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 40 CFR 136, as may be amended from time
to time. All are sometimes referred to herein as "FOG."
Any person who owns or operates a grease trap or grease interceptor,
or whose activities or processes produce FOG.
A wastewater pretreatment unit that is installed in a sanitary
drainage system in order to intercept and remove FOG from wastewater
discharge and which is installed outside of the facility.
A plumbing appurtenance or appliance that is installed in
a sanitary drainage system in order to intercept and remove FOG from
wastewater and which is installed inside of the facility.
Material (including solids resulting from dewatering processes)
collected in and from a grease interceptor or grease trap in the sanitary
sewer service line of a cooking establishment.
The direct or indirect introduction of FOG from a cooking
establishment by a user into the POTW.
The Borough's industrial pretreatment program as described
in the most current version of the Borough's Sewer Use Ordinance
or any successor ordinance thereto.
A discharge which, in whole or in part, inhibits or disrupts
the POTW, its treatment processes, treatment operations, sludge processes,
use or disposal, or is a cause, or potential cause, of a violation
of the NPDES permit.
Facilities maintained by a cooking establishment which relate
to the preparation or service of foodstuffs and the cleaning or sterilization
of cooking and serving equipment (including without limitation serving
items such as plates, cups, glasses, eating utensils and cooking utensils).
Any person or facility engaged solely in the providing or
preparation of precooked foodstuffs which do not require or involve
any form of cooking and do not generate FOG or grease waste.
The Part I Water Quality Permit (Permit No. PA0021580) issued
to the Borough of Catasauqua by PADEP.
Any individual, partnership, limited-liability partnership,
company, limited-liability company, corporation, political subdivision,
municipal authority, agency or instrumentality of the United States,
or agency or instrumentality of the Commonwealth of Pennsylvania,
or any other legal entity, including, with respect to all of the foregoing,
where applicable, the officers or members thereof.
The measure of the relative acidity or alkalinity of water
and is defined as the negative logarithm (base 10) of the hydrogen
ion concentration.
A sewage treatment plant owned by a state or municipality
as defined by Section 502(4) of the Act, including any devices and
systems used in the storage, treatment, recycling and reclamation
of municipal sewage or industrial wastes of a liquid nature. The POTW
includes also the sewers, pipes and other conveyances that convey
wastewater to the sewage treatment plant. The term includes also the
municipality as defined in Section 502(4) of the Act having jurisdiction
over the indirect discharges to, and the discharges from, such a treatment
works. For purposes of this article, the phrase "municipal sanitary
sewer system" and "POTW" may be used interchangeably.
A single- or multiple-family dwelling unit(s) within which
cooking facilities are used solely for the preparation of foodstuffs
for private consumption.
Borough of Catasauqua Ordinances as codified in Chapter 210 of the Code of the Borough of Catasauqua, as may be amended from time to time, and any successor ordinance thereto.
The value of the test for total suspended solids, as described
in the most current edition of "Standard Methods for the Examination
of Water and Wastewater" or any successor publication thereto. All
are sometimes referred to herein as "TSS."
A person authorized by law to transport, among other things,
grease waste.
Any person who owns or operates a cooking establishment.
This definition includes the owner of any premises on which a cooking
establishment is located.
Any liquid waste or liquid-borne waste which contains, in
whole or in part, FOG and, whether treated or untreated, are contributed
to the POTW.
A.
Industrial pretreatment program, wastewater discharge permit application.
(1)
No later than one year following the adoption of this article, all
existing users and existing non-cooking establishments shall apply
for a wastewater discharge permit (hereinafter "WDP") or an exemption
therefrom by completing and submitting to the Borough for review and
approval a wastewater discharge permit application ("application").
This requirement shall not apply to users with existing discharge
permits covering FOG in whole or in part.
(2)
New users proposing a cooking establishment and persons proposing
a non-cooking establishment shall, as part of a building permit or
other permit or approval process, apply for a WDP and complete an
application on a form prescribed by the Borough.
(3)
Upon written approval of the Borough, a non-cooking establishment
may be exempted from the requirements of this article. To be exempt
in accordance with this subsection, an applicant shall provide a formal
request for exemption and include as a part thereof the following
documentation relevant to the establishment: blueprints and other
design documents, a detailed description of the operations and activities,
and a detailed list of all potential sources of FOG.
(4)
Permit issuance.
(a)
Upon review of the application, the Borough shall issue a draft
Level 2 WDP in accordance with this article and the Borough Sewer
Use Ordinance. The draft permit shall specify the required pretreatment
facilities, including any requirement for installation of a grease
interceptor unit.
(b)
If the user objects to any of the requirements of the draft
permit, then no later than 45 days from the date of issuance of the
draft permit, the user shall provide written comments to the Borough,
citing and providing all data or other material in support of the
objection. The Borough shall review the comments and issue a final
permit. If changes are made to the permit as a result of the user's
comments, a new draft permit will issue.
(c)
Upon expiration of the forty-five-day period without comment,
or upon notification from the user of no comment, whichever shall
first occur, the Borough shall issue the final permit.
(d)
The user may appeal from the issuance of the final permit in
accordance with the applicable provisions of the Sewer Use Ordinance.
B.
Grease interceptor requirements and specifications.
(1)
Grease interceptors and appurtenances shall be designed to limit
the introduction, contribution and discharge of FOG into the POTW.
The design shall be submitted for review and approval by the Borough
or its designee prior to installation in accordance with the Borough's
"Standard Technical Specifications and Requirements for the Construction
of Sanitary Sewers and Appurtenances."
(2)
Unless specified to the contrary in the Sewer Use Ordinance, grease
interceptors shall produce an effluent which with respect to FOG does
not exceed a discharge concentration of 100 mg/l.
(3)
Grease interceptors shall be installed in such a manner as to pretreat
all wastewater generated by a cooking establishment, and the design
shall accommodate appropriate sampling and inspection points.
(4)
Any user proposing the installation of a grease interceptor shall
clean, in a manner acceptable to the Borough, the downstream lateral
serving the premises and remove any preexisting accumulation FOG.
(5)
A grease trap shall not be a suitable alternative to a grease interceptor
for the purpose of pretreatment of FOG.
C.
Cleaning and maintenance requirements.
(1)
Grease interceptors shall be cleaned once every two months, and all
contents removed shall be transported and disposed off site in accordance
with applicable laws and regulations. The introduction of sludge or
the scum layer into the POTW is prohibited.
(2)
Following one year of continuous operation, and upon written application
with supporting data to the Borough, a user may request a change in
the frequency of cleaning from once every two months to quarterly.
(3)
In order to properly inspect and analyze the functioning of the grease
interceptor, the user shall supply an accessible entry into each chamber
of the interceptor and a downstream sampling point, located upstream
of any mixing with other sanitary flows. The sampling point shall
be a minimum eight-inch vertical cleanout.
(4)
The user shall maintain at the premises detailed records encompassing
a period of at least five years which reflect the operation, testing,
cleaning, repair and maintenance of the grease interceptor. This information
shall include, but not be limited to, dates of service, names of individuals
or entities providing service, invoices/receipts reflecting services
rendered and invoices/receipts reflecting the hauling of waste by
transporters. In addition to these requirements, and not in lieu thereof,
every user shall comply with 40 CFR Part 403 as relates to recordkeeping.
(5)
In accordance with the requirements of the final permit and on a
form provided by the Borough, every user shall submit an annual report
outlining all maintenance activities relating to the grease interceptor
and any appurtenance thereto as well as manifest information relating
to the transport of grease waste from the premises. The manifest information
shall include, but not be limited to, the volume of waste transported
off site, the identity of the transporter, the time and date of cleaning,
the time and date of waste transport, and the name/location of the
disposal site. In addition, copies of the manifests shall be provided
and depict the name and signature of the transporter and the name
and signature of the responsible party accepting the waste at the
disposal site.
(6)
Users shall maintain the grease interceptor free of inorganic solids
which may clog, or settle in, the interceptor and reduce, or create
the potential to reduce, the effective capacity of the interceptor.
Examples of inorganic solids include grit, towels, gloves, cigarettes
and eating utensils.
(7)
Users shall ensure that all waste material removed from grease interceptors
is stored in appropriate containers. Unless specifically authorized,
in writing, by the Borough, all storage containers must be kept inside
the building. If approved for exterior storage, such containers must
be secured, screened and protected from inadvertent contact, damage,
tipping, spills and vandalism and otherwise be protected from all
of the foregoing due to adverse weather conditions.
(8)
Users shall ensure that all waste material removed from grease interceptors
is transported and disposed of in compliance with all federal, state
and local statutes, rules, regulations, policies and ordinances.
(9)
In accordance with federal requirements, the Borough may inspect
the functioning of the grease interceptor and appurtenances at any
time and without prior notice.
A.
An alternative is the remedy by which a user may receive a modification
or deferment of a requirement of this article as it applies to a specific
establishment. The approval of an alternative or deferral is based
upon individual circumstances and shall not constitute precedent.
B.
An alternative or deferral may be approved at the discretion of the
Borough when the user demonstrates to the satisfaction of the Borough
all of the following:
(1)
The literal enforcement of the Ordinance requirement is unreasonable
or will exact undue hardship directly resulting from a peculiar condition
of the premises or the facilities, or that the proposed alternative
will provide an equal or better result than the Ordinance requirement;
(2)
The proposed alternative or deferral is not contrary to the public
health, safety and general welfare;
(3)
The proposed alternative or deferral will not cause the Borough to
violate the requirements of the NPDES permit, federal law and regulation,
state law and regulation and other Borough ordinances, including the
Sewer Use Ordinance;
(4)
The proposed alternative or deferral is consistent with the intent
and purpose of this article and the Sewer Use Ordinance; and
(5)
The proposed alternative or deferral represents the minimum relief
necessary.
C.
The request shall be submitted to the Borough, in writing, at the
time of application for a discharge permit. The request shall identify
the specific ordinance provision(s) from/for which the alternative
or deferral is sought and shall state the purpose(s) and the grounds
therefor. The request shall be accompanied by all supporting documentation
and, where appropriate, sealed by a Pennsylvania-licensed engineer
(preferably with waste water experience) or other, qualified professional.
D.
If deemed complete by the Borough, the request shall be granted, granted with conditions or denied. Notice of the action shall be provided to the applicant at the time of issuance of the draft permit, and any appeal relating thereto shall be taken in accordance with the requirements of Subsection B above.
E.
The approval of an alternative or a deferral shall not relieve the user
from compliance with the discharge standards and requirements of this
article and the Sewer Use Ordinance; and if at any time following
the installation of an approved alternative, or during an approved
deferral period, the user fails to meet the requirements of the WDP,
this article or the Sewer Use Ordinance, or if the alternative fails
to function as represented, the user shall make all changes to the
grease interceptor system necessary to achieve compliance.
Enforcement of this article shall be in accordance with the
enforcement provisions of the Sewer Use Ordinance.
Except as otherwise stated herein, all ordinances or parts of
ordinances in conflict with the provisions of this article are hereby
repealed to the extent of such conflict. The above notwithstanding,
in the event of a conflict between this article and the Sewer Use
Ordinance, this article shall be interpreted in pari materia with
the Sewer Use Ordinance. Only where there exists a direct conflict
between this article and the Sewer Use Ordinance which cannot be so
resolved shall the Sewer Use Ordinance control.
To the extent that any word, phrase, portion or provision of
the text herein is found by any court of competent jurisdiction to
be invalid, void or unconstitutional, such word, phrase, portion or
provision shall, to the extent possible, be deemed to be repealed
and those remaining valid portions of the text shall remain in full
force and effect, provided that the same can be accomplished without
the structure of this article having been destroyed by elimination
of that word, phrase, portion or provision found to be invalid or
void.
This article shall become effective after enactment by the Council
of the Borough of Catasauqua and Mayoral approval.
