BOROUGH OF OHIOPYLE FAYETTE COUNTY, PENNSYLVANIA ORDINANCE NO. 2 OF2024  ANORDINANCE OF THE BOROUGH OF OHIOPYLE, COUNTY OFFAYETTE, COMMONWEALTH OF PENNSYLVANIA ESTABLISHING NEW REGULATIONS GOVERNING FATS, OILS,  AND GREASEMANAGEMENT  WHEREAS, the Borough of Ohiopyle is a duly established Pennsylvania Borough in and for the Commonwealth of] Pennsylvania;  and  WHEREAS, under the Commonwealth of Pennsylvania Borough Code, the Borough of Ohiopyle has the authority to provide for the health, safety, and welfare ofi its residents, visitors, and businesses; and  WHEREAS, pursuant to that Authority, the Borough of Ohiopyle wishes to institute rules and regulations on grease management for food  service establishments located within the Borough.  NOW, THEREFORE, BE: IT ENACTED AND ORDAINED by the Council oft the Borough ofOhiopyle, at a duly advertised public meeting, as  follows:  Section 1. Purpose.  This ordinance sets forth requirements to aid in the prevention of sanitary sewer blockages, obstructions, and overflows duetothe contribution and accumulation offats, oils, and greases into said sewer system from commercial, industrial and institutional food service establishments. The objective is to reduce or eliminate sanitary sewer overflows onto streets, waterways, and onto residential and commercial properties and buildings that could result in liabilities to the Borough.    Section 2. Definitions  A. Blackwater means wastewater containing human waste from B. Brown, grease means fats, oils, and grease that is discharged to the C. Borough shall mean the Borough of Ohiopyle, and its designees. D. FOG (fats, oils, and grease) means organic polar compounds derived from animal and/or plant sources. FOG may be referred to as  sanitary fixtures such as toilets and urinals.  grease control equipment.  "grease" or 'greases" in this Ordinance.  E. Food service establishment (FSE) means any establishment, business or facility engaged in preparing, serving or making food available for consumption. Single family residences are not an FSE, however, multi-residential facilities may be considered an FSE at the discretion of the Borough. Food service establishments will be classified as  follows:  Class I: Deli-Engaged in the sale ofcold cut and micro waved sandwiches/subs with no frying or grilling on site, ice cream shops and beverage bars as defined by NAICS 77213, Mobile Food Vendors as  defined by NAICS 722330.  Class 2: Limited-service restaurants (a.k.a. fast-food facilities, daycares) as defined by NAICS 722211 and caterers as defined by  NAICS 722320.  Class 3: Full-service restaurants as defined by NAICS 722110. Class 4: Buffet and cafeteria facilities as defined by NAICS Class 5: Institutions (schools, churches, hospitals, prisons, etc.) as defined by NAICS 722310 but not to exclude self-run operations. F.Gray water refers to all other wastewater other than black water as G. Grease control equipment (GCE) means a device for separating and retaining Wastewater FOG priort to wastewater exiting thel FSE and entering thel Borough's: sewer system. Devices include grease interceptors,  72212.  defined in this Ordinance.  greaset traps, or other devices approved by the Borough.    H. Grease interceptor means grease control equipment identified as a large tank, usually 1,000-gallon to 3,000-gallon capacity, which provides FOG control for an FSE. Grease interceptors willl be located outside the) FSE,  unless a variance request has been granted.  I.C Grease trap: means grease control equipment identified as an "under the sink" trap, a small container with baffles, or a floor trap. For an FSE approved to install a grease trap, the minimum size requirement is the equivalent of a 20-gallon per minute/40-pound capacity trap. All grease traps  will have flow control restrictor and venting.  J. Grease recycle container means a container used for the storage ofyellow K. NAICS means North American Industry Classification System. L. Series (grease interceptors installed. in series) means grease interceptor tanks are installed one after another in a row and are connected by  grease.  plumbing pipe.  M. User means a customer operating a food service establishment N. Yellow grease means fats, oils and grease that has not been in contact or contaminated from other sources (water, wastewater, solid waste, etc.) and can be recycled. Yellow grease is normally stored in a grease recycle  and dischargingto the Borough sanitary sewer system.  container or bin for beneficial reuse. Section 3. General Requirements  A. All new and existing food service establishments (FSEs) are required tol have grease control equipment (GCE)i installed, maintained and operating properly, in accordance with this FOG Ordinance. FSES already existing within the Borough at the time of enactment oft this Ordinance shall have eighteen (18) months to come into compliance with the provisions of  thisOrdinance.  B. AIIFSEs will be required to maintain records ofcleaning and maintenance ofGCE. GCE maintenance records include, at a minimum, the date of cleaning/maintenance, company or person conducting the cleaning/maintenance, volume (in gallons) of grease wastewater removed and  final disposal location.  C. GCE maintenance records will be available at the FSE premises    so they can be provided to the Borough and/or the health department. The FSE shall maintain GCE maintenance records for two (2)years. exceed the Borough's numerical limit for oil and grease. wastewater discharges from a leaseholder on their property.  D. No FSE will discharge oil and grease in concentrations that E. Owners ofcommercial property will bel held responsible for F. Grease control equipment certification requirement. All establishments with grease control equipment must have their grease interceptor or grease trap inspected and certified every two years by a certified grease waste hauler or plumber. Ifa grease interceptor or grease trap passes" the certification requirement, then no further action is required. Ifa grease interceptor or grease trap "fails" the certification requirement, then a corrective action response is required from the FSE owner to the Borough  within 30 calendar days.  G. FSEs shall dispose ofyellow grease in an approved container or recycle container, and the contents shall not be discharged to any sanitary sewer line, storm water grate, drain or conveyance. Yellow grease, or oils, poured or discharged into the FSE sewer lines or Borough's sewer system isa  violation ofthis FOG Ordinance.  H. Yellow grease or oils poured or discharged into the sewer lines of the Borough's sanitary and/or storm water sewer system by any property owner  shall beaviolation of this FOG Ordinance. non-water portion ofGCE into the public sewer. Section 4. Approved Grease Waste Haulers.  I. Its shall be a violation ofthis FOG Ordinance to push or flush the  Toensure proper disposal ofthe FOG waste, all grease waste haulers must operate trucks that are marked with a company name, phone number, waste hauler permit, number, Borough and state of legible size and color. The tank must also be marked with the company name and capacity ofthe  tank in gallons.  Section 5. Grease Control Equipment Requirements.  A. Any new FSE, existing FSE, upgrading ofan existing FSE, or change ofownership ofexisting FSE will be required to install and maintain a    grease interceptor.  B. New construction ofFSEs shall have separate sanitary (restroom) and kitchen process lines. The kitchen process lines shall be plumbed to appropriately sized GCE. No sanitary wastewater or storm water shall be  plumbed to the GCE.  C. All ofthe FSEs internal plumbing shall be constructed to separate sanitary (restroom) flow from kitchen process flow. Sanitary flow and kitchen process discharges shall be approved separately by the Borough and shall discharge from the building separately. Kitchen process lines and sanitary lines may combine prior to entering the public sewer; however, the lines  cannot be combined until after the GCE.  D.A Agrease interceptor or grease trap will be installed and connected so thatitmay be easily accessible for inspection, cleaning and removal of  grease at any time.  E. Existing food service establishments are required to install GCE and meet the FOG Ordinance requirements no later than eighteen (18): months after the effective date ofthis Ordinance. Separate piping as otherwise specified Section 6. Variances for Existing Food Service Establishments At the discretion ofthe Borough Council, an FSE may receive a variance from some or all ofthe provisions ofthis Ordinance, including but not limited to the required installation ofa grease trap, grease interceptor, and sewer line piping. Variances will be limited to existing FSEs that have unusual physical location circumstances that will prevent the installation ofa large grease interceptor or separate piping of sewer waste. A FSE seeking a variance shall submit the request in writing to the Borough. The Borough shall schedule a public hearing by the Borough Council to coincide with its regular meeting schedule on the variance request within sixty (60) days ofthe request being submitted. The variance request shall be transmitted by the Borough Secretary or Borough to the Borough Engineer for comment and recommendation, which shall be submitted for consideration during thej public hearing. Atthe conclusion oft the public hearing, the Borough Council shall vote to approve or deny (with or without conditions) the variance request. The decision by the Borough Council shall be considered a decision of a local agency and any appeals therefrom shall be in accordance with Pennsylvania  within this Ordinance is not required.  Local Agency Law.    Section 7. Approval of Grease Control Equipment  All existing FSES that have upgraded their plumbing facilities must contact the Borough for final approval ofthe grease control equipment. This will include, but not be limited to, onsite inspection of the grease control  equipment by thel Borough.  Section 8. Grease Control Equipment Sizing  A. - Minimum acceptable size of grease control equipment for each  FSE classification will be as follows:  Class 1: Deli, ice cream shops, beverage bars, mobile food vendors- 20gpm/40 pound grease trap (NAICS 72213, 72233). Class 2: Limited-service restaurants /cafeterias / daycares 1,000- gallon grease interceptor (NAICS 722211, 722320). Class. 3: Full service restaurants - 1,000-gallon grease interceptor Class 4: Buffet and cafeteria facilities - 1,500-gallon grease Class 5: Institutions (schools, hospitals, prisons, etc.)-2,000-  (NAICS 722110).  interceptor (NAICS 72212)  gallon grease interceptor (NAICS 722310).  B. Tocalculate the appropriate size GCE, the FSE's engineer, architect or contractor should use a formula that considers fixture units, storage capacity, type of facility and adequate retention time. The grease control equipment minimum acceptable size for the above listed FSE  classification (Class 1 through 5) must be met.  C. The Borough Engineer will review and approve ofthe GCE sizing received from the FSE's engineer, architect or contractor. The Borough will make a decision to approve or require additional grease interceptor volume based on the type ofFSE, the number ofi fixture units, and additional calculations. Grease interceptor capacity should not exceed three thousand (3,000) gallons for each interceptor tank. In the event that the grease interceptor calculated capacity needs to exceed three thousand (3,000) gallons, the FSE shall install an additional interceptor oft the appropriate size. Ifadditional interceptors are required, they shall be installed in series.    D. Grease interceptors that are installed in series shall be installed in such ai manner to ensure positive flow between the tanks at all times. Therefore, tanks shall be installed so1 that the inlet invert ofeach successive tank shall be a minimum oftwo (2) inches below the outlet invert ofthe  preceding tank.  E. Grease control equipment must remove fats, oils, and grease at or  below the Borough limit of one hundred (100) mg/L Section 9. Grease Interceptor Design and Specifications  A. Access openings (manholes)  1. Access to grease interceptors shall be provided by a minimum ofone manhole per interceptor division (baffle chamber) and of24-inch minimum dimensions terminating one inch above finished grade with cast iron frame and cover. An eight-inch-thick concrete pad extending a minimum oftwelve (12) inches beyond the outside dimension oft the manhole frame shall be provided. One manhole shall be located above the inlet tee hatch and the other manhole shall be located above the outlet tee hatch. A minimum oftwenty-four (24) inches ofclear opening above each manhole access shall be maintained to facilitate maintenance, cleaning, pumping, and inspections.  2. Access openings shall be mechanically sealed and gas tight to contain odors and bacteria and to exclude vermin and ground water,  in ai manner that permits regular reuse.  3. The manholes are to be accessible for inspection by the  Borough.  B. Additional requirements  1. Water tight. Precast concrete grease interceptors shall be constructed to be watertight. A static water test shall be conducted by the installer and timed sO as to permit verification through visual inspection by regulatory agent. The water test shall consist ofplugging the outlet (and the inletifnecessary) and filling the tank(s) with water to the tank top a minimum oftwenty-four hours before the inspection. The tank shall not lose water during this test period. Certification by the plumbing contractor shall be supplied to the Borough prior to final  approval of grease control equipment.  2. Location. Grease interceptors shall be located sO as tol be    readily accessible for cleaning, maintenance, and inspections. They should be located close to the fixture(s) discharging the greasy waste stream. If possible, grease interceptors should not bei installed in "drive-thru" lanes or in parking areas. Grease interceptor access  manholes shall never be passed over.  3. Cleaning. Grease interceptors shall be cleaned ata a frequency ofnot less than once every ninety (90)days unless approved by the Borough. Approval will be granted on a case-by-case situation with submittal by the FSE documenting proof of proposed frequency. Grease interceptors must be pumped-in-full when the total accumulations ofs surface FOG (including floating solids) and settled solids reach twenty-five (25) percent ofthe grease interceptor's overall liquid depth. This criterion is referred to as the "25 percent. rule". Some FSEs may have to pump their grease interceptors on a: 30-day or 60-day schedule to meet the twenty-five (25) percent rule criteria. At no time, shall the cleaning frequency exceed ninety (90) days unless approved by the Borough. Approval will be granted on a case-by-case situation with submittal by the FSE documenting proof of proposed frequency. 4. Responsibility. Removal of the grease from the wastewater routed to: ap public or private sanitary and/or wastewater system is the  responsibility of the user/owner.  5.  Construction material. Grease interceptors shall be  constructed of sound durable materials, not subject to excessive corrosion or decay, and shall be water and gas tight. Each interceptor shall be structurally designed to withstand any anticipated load to be placed on the interceptor (i.e. vehicular traffic in parking or driving areas). Note: Concrete materials and other grease interceptor materials shall meet the American National Standards Institute, Inc. (ANSI) and International Association ofPlumbing and Mechanical Officials  (APMO)standards.  6. Marking and Identification. Prefabricated gravity grease interceptors shall be permanently and legibly marked with the following:  a. C. d.  Manufacturer's name or trademark, or both;  b. Model number; Capacity;  Month and year of manufacture;    . f.  Load limits and maximum recommended depth of  earth cover in feet; and  Inlet and outlet.  Section 10. Grease Interceptor Cleaning and Maintenance Requirements A. Partial pump ofinterceptor contents or on-site pump and treatment ofinterceptor contents will not be allowed due to reintroduction of fats, oils and grease to the interceptor pursuant to Code ofFederal Regulations (CFR)S B. Grease interceptors must be pumped-in-full (total pump ofall contents) when the total accumulations of surface FOG (including floating solids) and settled solids reach twenty-five percent (25%) oft the grease interceptor's overall liquid depth. This criterion is referred to as the "25 percent rule". At no time shall the cleaning frequency exceed ninety (90) days unless approved by the Borough. Approval will be granted on a case-by-case situation with submittal by the FSE documenting proofof proposed frequency. C. The grease interceptor effluent-T will be inspected during cleaning and maintenance, and the condition noted by the grease waste hauler's company or individual conducting thei maintenance. Effluent-T's that are loose, defective, ori not attached must be repaired or replaced immediately. Any repairs to the grease interceptor should be documented and kept on file at the  403.5(b)(8).  FSE.  D. Grease interceptors must have access manholes overt the influent-T and effluent-T forinspection and cacoletmingmaintemanse Access manholes will bey provided for all separate compartments ofinterceptors for complete cleaning (i.e. interceptor with two (2) main baffles or three (3) compartments will have access manholes at each compartment).  E. Grease interceptor waste must be hauled offsite and disposed at a F. No additives, solvents, emulsifiers, surfacants, caustics, acids, enzymes, bacteria, chemicals, hot water, or other substances to cause oil or  state approved disposal location.  grease to pass through the    user's grease trap or grease. interceptor designed to remove oil and  grease may be used at any time. Section 11. Right of Entry; Monitoring  The Borough shall have the right to enter the premises of FSEs to determine whether the FSE is complying with the requirements ofthis Ordinance. FSEs shall allow Borough personnel or their authorized representative, upon presentation of proper credentials, full access to all parts ofthe premises for the purpose ofinspection, monitoring, and/or records examination. Onreasonable delays in allowing Borough personnel access to the FSE premises shall be a violation ofthis FOG Ordinance and the Borough sewer use ordinance. All grease interceptors/traps shall be subject to review,evaluation, and inspection by the Borough personnel duringnormal business hours. Inspections will determine proper maintenance, changes in operation, proper records and files, ability of interceptor to trap and prevent grease from entering the system and any other factors pertaining to grease management. The Borough reserves the right to make determinations ofinterceptor/trap condition and adequacy based on review of all information regarding the interceptor/trap performance and may requirecleaning, maintenance, modification, or replacement. Allrecords will be available on site for review by the Borough for a period oftwenty-four (24) months. The Borough may require that the FSE: install monitoring oradditional pretreatment equipment deemed necessary for compliance with this FOG Ordinance and or the  Borough sewer use ordinance. Section 12. Fees  Atits discretion, ,the Borough Council may enact a fee schedule for  implementation ofthis Ordinance by resolution.    Section 13. Violations; Penalties  A. Violations ofthis FOG regulatory program include, but are not limited to, failure to clean or pump grease control equipment, failure to maintain grease control equipment including installation of properly functioning effluent-T and baffles, failure to install grease control equipment, failure to control FOG discharge from the FSE, failure to certify the grease interceptor or trap, being responsible fors sewer line obstruction, being responsible for a sanitary sewer overflow, and using additives sO that FOG is diluted or pushed downstream of the FSE, or  otherwise failing to comply with this Ordinance.  B. Whenever the Borough determines that a grease interceptor or trap is in need ofinstallation, pumping, repairs, maintenance or replacement, a noncompliance notification or a notice of violation (NOV) will be issued stating the nature oft the violation(s) and timeframe for corrective measures, said timeframe not to be less than thirty (30) days. C.Ifthe facility fails to initiate action in response to a noncompliance notification or NOV, a second notice will be issued and additional fees assessed, ifa appropriate and necessary. Fees may include costs associated with service calls for sewer line blockages, linecleaning, camera trucks, line and  pump repairs, including all labor, material and equipment. noncompliance, the following penalties shall occur:  D. Should a FSE fail to comply with the second notice of  1. The Borough shall send notice to the water service provider 2. The FSE and/or owner of the real property, whichever may be appropriate, shall be cited by the Borough Code Enforcement Officer for violation ofthe Ordinance, which, upon conviction, shall be subject E. Immediate discontinuance of water may be requested by the Borough to the water service provider for the subject property ifthe FSE presents an imminent endangerment to the health or welfare of persons or to the public or to the environment or causes stoppages or excessive maintenance to the sanitary sewer system, cause significant interference with  for the subject property for discontinuance of water service.  toa fine of not less than $300.00.    the wastewater treatment plant, or cause the Borough to violate any condition ofits NPDES permit. Service shall be reinstated when such conditions have  been eliminated as determined by the Borough.  F. Ina addition to all penalties proscribed herein, ifinspections and field investigations determine that any fats, oils and grease interference or blockage in the sewer system, a sewage pumping station, or the wastewater treatment plant is caused by a particular food service establishment, then that food service establishment shall reimburse thel Borough forall labor, equipment, supplies and disposal costs incurred by Borough to clean the interference or blockage. The charges will be added to the FSEs water/wastewater bill. Failure to reimburse the Borough may result in termination of water service.  Section 14. Severance.  In the event any portion of the remaining language of this Ordinance is held to be invalid, such invalidity shall not affect the remaining language of the Ordinance, it being the intent ofthe Borough Council that such language remaining shall remain in full force and effect and forthis purpose the remaining language herein is hereby declared severable.  Section 15. Repealer.  Any other ordinance or part of an ordinance inconsistent with the language oft the Ordinance set forth herein is hereby repealed insofar as the  same is inconsistent herewith. Section 16. Effective Date.  This Ordinance shall take effect immediately upon execution by the Mayor.    ORDAINED AND ENACTED INTO LAW this  day of  2024.  ATTEST:  BOROUGH OF OHIOPYLE:  By:  Patricial Hoehn, Secretary BpKhL ne %  P Mark McCarty, Mayor  Kruse, President    Vice President    Pamela Kruse D  A  LindaMcCarty Sona Om Safa Conn