[Adopted 6-20-2016 by Ord. No. 488[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
VIII, Fats, Oils and Grease, adopted 8-23-2004 by Ord. No. 372, as
amended.
The purpose of this program is to reduce the amount of fats,
oils and grease (FOG) entering Upper Pottsgrove Township ("Township")
wastewater collection system in order to comply with the Clean Water
Act of 1977 and the general pretreatment regulations (40 CFR Part
403). This program provides for the regulation of FOG contributors
to the publicly owned treatment works (POTW) through the issuance
of permits, inspections, sampling and enforcement. The requirements
within this program shall be applied, but not limited to, all food-producing
facilities within the Township that discharge effluent to be treated
by the Pottstown POTW.
The following terms and phrases shall have the designated meanings in the context of this program. All other terms shall be as defined in this Chapter 275 of the Code of the Township of Upper Pottsgrove.
Closed-circuit television.
Any producer who has an external oil and grease interceptor
on the sewer line.
Any producer who has an internal grease trap.
Any producer who has only a grease barrel on site.
Any producer that produces nominal amounts of FOG.
Fats, oils and grease created as a by-product of cooking.
Pottstown POTW Superintendent and/or any duly authorized
agent of the Pottstown POTW Superintendent.
Any grease interceptor, grease trap, and/or grease barrel.
Any establishment that contributes, directly or indirectly,
wastewater containing FOG to the sewer system. This includes, but
is not limited to, restaurants, schools, private clubs, delis, churches
and day-care centers.
Areas in the sewer system that have experienced blockages
and/or require more frequent than normal cleaning.
An apparatus that collects and contains the FOG and allows
water to be discharged.
Publicly owned treatment works.
Any gross neglect or disregard for the rules and regulations
of the FOG Ordinance, included but not limited to grease overflow,
FOG-related environmental contamination, or redirecting FOG from the
POTW.
A.
The following
regulations apply to any FPF in Upper Pottsgrove Township contributing
to the Township wastewater collection system and the Borough of Pottstown
POTW, and the FPF is responsible for ensuring that it is in compliance
with these regulations at all times:
(1)
Each FPF must have a FOG permit in order to discharge to the POTW.
The FOG Administrator shall receive all FOG permit applications and
issue appropriate renewal permits every three years. All permit applications
must be returned within two weeks.
(2)
No FPF shall contribute, or cause to contribute, any FOG to the POTW.
An oil and grease limitation of 100 mg/l shall apply to the discharge
from the FPF. At the discretion of the FOG Administrator, sampling
by the Borough of the discharge shall occur when the FPF is not complying
with the requirements of the program. The FPF shall be responsible
for providing an adequate sampling port on the grease trap. The FPF
shall be responsible for the costs required for the analytical laboratory
to perform the analysis of any sample. The FPF is also responsible
for ensuring that the FPF is back in compliance with these regulations.
(3)
All FOG-handling equipment shall be installed and properly and continuously
maintained in a satisfactory and effective operational manner by the
owner at the owner's expense. The FPF is responsible for cleaning
and/or having the applicable FOG-handling equipment cleaned on a regular
basis so as not to contribute FOG to the POTW. The FPF is responsible
for ensuring that if an outside grease hauler is used, the FOG-handling
equipment is cleaned properly and completely. The frequency of the
cleaning of FOG-handling equipment shall be in accordance with the
"25% Rule," as determined by the FOG Administrator and directed in
the FOG permit. The "25% Rule" requires that the depth of FOG (floating
and settled) in a trap shall not be equal to or greater than 25% of
the total operating depth of the trap. The operating depth of a trap
is determined by measuring the internal depth from the outlet water
elevation to the bottom of the trap. In application of this rule,
the depth of floating FOG shall not be greater than 20% of total operating
depth of a trap since 5% of the FOG is generally settled at the bottom
of the trap. The cleaning frequency shall also be determined by the
size of the oil and grease interceptor and inspection of the sewer
lines.
(4)
Existing FPF which currently has internal FOG-handling equipment
shall be required to clean and maintain the FOG-handling equipment
in an efficient manner. The following is prohibited from being discharged
to FOG-handling equipment:
(a)
Wastewater with a temperature greater than 140° F.
(b)
Wastewater from a food grinder/garbage disposal.
(c)
Any use of enzymes or other grease solvents, emulsifiers, grease-consuming
bacteria, etc., is prohibited and shall not be considered acceptable
grease trap maintenance practice.
(d)
Dishwasher discharge that travels less than 10 feet prior to
entering internal FOG-handling equipment.
(5)
Oil and grease interceptors.
(a)
Whenever any FPFs are newly built or renovated or any FPFs experience
a change in ownership, each FPF shall install a properly sized oil
and grease interceptor, approved by the FOG Administrator on the sewer
line from the facility, in accordance with the these regulations and
the Plumbing and Drainage Institute Standards, International Plumbing
Code, or other applicable method. After a thirty-day grace period,
the FPF shall be fined $50 each day the oil and grease interceptor
is not installed.
(b)
With respect to design features, an external oil and grease
interceptor shall, at minimum, have a baffle to separate the trap
into two compartments, a manhole to access and inspect the influent
and a sampling box on the effluent line to access, inspect and sample
the effluent. The interceptor shall have cleanouts and be located
for easy access for pumpout and inspection.
(c)
With respect to design features, an internal oil and grease
interceptor shall, at minimum, have a baffle and a viewing port to
inspect the effluent.
(6)
All oil and grease interceptor sizing shall be in accordance with
the Plumbing and Drainage Institute Standards, International Plumbing
Code, or other applicable method. A copy of the current Uniform Plumbing
Code Formula - Grease Interceptor Sizing Worksheet is attached hereto
as Exhibit A.[1]
[1]
Editor's Note: Said worksheet is included as an attachment
to this chapter.
(7)
At the discretion of the FOG Administrator, each FPF is required
to have an employee present during FOG inspections. The FOG Administrator
is not responsible for faulty equipment or damage sustained during
inspections. The FPF has the option of opening its FOG-handling equipment
for each inspection. The FPF is required to provide tools and materials
to open all FOG-handling equipment if the FOG Administrator does not
have the required tools and materials.
(8)
In all cases, the FOG Administrator may at his/her discretion increase
or decrease the frequency of routine inspections for the FPF. The
FOG Administrator may take into account a FPF's willingness to comply
with the FOG program. FPFs which consistently comply with the requirements
of the FOG program may be permitted to reduce the number of inspections
per year, at the discretion of the FOG Administrator. FPFs violating
any of the previous requirements, however, shall be subject to more
frequent inspections, monetary penalties, as well as sampling of the
discharge and any administrative orders.
(9)
An oil and grease interceptor which overflows into the sewer line
or on the sink discharge line is strictly prohibited. In such case,
the FPF shall be responsible for the subsequent containment, cleanup
and disposal of the overflow material. It is the responsibility of
the FPF to immediately telephone the POTW of the incident (610-970-6540).
The notification shall include the location of the overflow, the type
of material, the volume and corrective actions. Within five days of
the overflow, the FPF shall submit to the Borough receipts of the
spill cleanup.
(10)
The FPF must keep on site a current oil and grease interceptor
cleaning log as provided by the Borough if cleaning is performed in-house.
Included on the cleaning log shall be the following information: date,
time, who did the cleaning, volume of waste disposed of and location
of disposal. Any oil and grease interceptor being serviced by an outside
hauler must have cleaning manifests on site available for inspection.
(11)
The FPF is responsible for any blockages in the FPF's lateral
line. The FPF shall have to pay to have the blockage removed. If the
blockage causes a restriction or overflow in the Township of Upper
Pottsgrove or the Borough of Pottstown sewer line and it can be proven
that the FPF caused the blockage, then the FPF will incur the cost
of removing the blockage, cleaning up the overflow and penalty from
the Pennsylvania Department of Environmental Protection (DEP) or the
Environmental Protection Agency (EPA).
(12)
Upper Pottsgrove Township shall have the option of performing
the required inspections of any FPF in Upper Pottsgrove or allowing
the Borough of Pottstown FOG Administrator to complete the inspections.
All FPFs shall be classified and inspected by the FOG Administrator
in the following way:
A.
Hotspot: The FPF shall be inspected by the Borough of Pottstown Wastewater
Collection Department using CCTV.
B.
Class 1 Producer: The inspection frequency shall be at least two
times per year by the FOG Administrator and at least one time per
year by the Borough of Pottstown Wastewater Collection Department.
Manifests must be sent to the Borough of Pottstown waste water treatment
plant (WWTP) for the remaining quarter.
C.
Class 2 Producer: The inspection frequency shall be at least two
times per year by the FOG Administrator.
D.
Class 3 Producer: The inspection frequency shall be at least one
time per year by the FOG Administrator.
E.
Exempt: No inspections are needed. The facility update shall be sent
to the FOG Administrator at the beginning of each permit cycle.
All FOG program fees shall be payable monthly. All bills are
the responsibility of the FPF and must be paid within 30 days. Bills
remaining unpaid after the due date will be charged additional interest
in accordance with the Upper Pottsgrove Township regulations. The
rates and/or fees shall initially be as provided for in the attached
Exhibit B; however, any change hereafter in the rate and/or fees charged
shall be made by a resolution adopted by the Upper Pottsgrove Township
Board of Commissioners.[1]
[1]
Editor's Note: The most current fees are on file in the Township
offices.
The Township/Borough shall suspend any FOG permit for which
the FPF does not adhere to the requirements of the program. Once the
permit is suspended, the FPF shall not discharge to the POTW until
the permit is reinstated. The permit shall remain suspended until
the FPF shows proof that the noncomplying requirement was eliminated.
The following shall be the methods of enforcement:
A.
Notice of violation (NOV): Necessary when the FPF has violated any
part of the FOG permit, this article, and/or the FOG program, the
Borough/Township may serve the FPF with a notice of violation specifically
citing the nature of the violation. NOVs follow the regular calendar
year and are reported to the DEP and EPA yearly through the MIPP report.
B.
Monetary penalty: When the FPF fails to adhere to the requirements
of any part of the FOG permit, this article, and/or the FOG program
on numerous occasions, penalties shall range from a specific fee to
correct an action to costs involved to have an oil and grease interceptor
cleaned.
C.
Administrative order: When a violation occurs, the Borough/Township
may subject the FPF to an order to correct the violation within a
specific time frame.
A.
In addition to all other remedies available pursuant to this chapter,
the Borough/Township shall have the right to issue a notice of violation
(NOV) and/or impose a penalty, as hereinafter set forth, for a violation
of any requirements of any part of the FOG permit, this article, and/or
the FOG program. To assess a penalty, the following factors shall
be considered:
(1)
Damage to the air, water, and land of the Township and surrounding
municipalities.
(2)
Damage and/or harm to the WWTP, POTW and its personnel.
(3)
Past violations, compliance history.
(4)
Producer's willingness and efficiency to comply; response to the
NOV in a timely manner, notification to the Township/Borough and quick,
effective corrective action to eliminate the noncompliance.
(5)
Magnitude of the violation.
B.
An FPF charged with any penalty shall have 30 days to pay the proposed
penalty in full or appeal the penalty and/or the cause of the violation.
C.
The following is a schedule of violations and the maximum penalty
to be assessed:
(1)
Significant noncompliance and grease overflow.
(a)
Satisfactory Level 1: The FPF properly notified the FOG Administrator
of the violation, adhered to the cleaning schedule written in the
FOG permit and made a major effort to eliminate the violation: $300.
(b)
Satisfactory Level 2: The FPF did not properly notify the FOG
Administrator of the violation but adhered to the cleaning schedule
written in the FOG permit and made a major effort to eliminate the
violation: $400.
(c)
Unsatisfactory Level 3: The FPF properly notified the FOG Administrator
of the violation and made a major effort to eliminate the violation
but did not adhere to the cleaning schedule written in the FOG permit:
$500.
(d)
Unsatisfactory Level 4: The FPF made a major effort to eliminate
the violation but did not properly notify the FOG Administrator of
the violation and did not adhere to the cleaning schedule written
in the FOG permit: $600.
(4)
Failure to allow access to FOG-handling equipment in a timely manner:
$50.
(5)
Failure to respond to correspondence in a timely manner by e-mail,
telephone, or mail: $25.
The FOG Administrator shall have the power to establish appropriate
rules and regulations for the administration and enforcement of the
provisions of the FOG program.
Any appeal under this Part, including monetary penalty or other action by the Borough, shall be governed by the procedure described in Article VII, Municipal Industrial Pretreatment Program (MIPP), of this chapter.
