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HomeMy WebLinkAboutNCS000407_FOG's Ordinance_20200526MOUNT HoLLY FATS, OILS AND GREASES ORDINANCE ADOPTED BY CITY COUNCIL ONAPRIL 14, 2014 CITY OF MOUNT HOLLY NC FATS, OILS, & GREASE (FOG) CONTROL ORDINANCE In an effort to curb sanitary sewer overflows (SSO's) from grease accumulation in its sanitary sewer mains, the City of Mount Holly adopted, at its public meeting on April 14, 2014 a revised Fats, Oils, & Grease (FOG) Ordinance. Any nonresidential facility connected to the City of Mount Holly sanitary sewer collection and treatment system involved in the preparation or serving of foods will be subject to the conditions of this ordinance. City of Mount Holly — FATS, OILS, AND GREASE CONTROL ORDINANCE Adopted by City Council: April 14, 2014 A. Scope and Purpose To aid in the prevention of sanitary sewer blockages and obstructions from the contributions and accumulation of fats, oils, and greases into the City of Mount Holly sewer system from industrial, commercial, and institutional establishments, particularly food preparation and servingfacilities. B. Definitions Fats, Oils, and Greases — Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measureable using analytical test procedures in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "Grease " or "Greases ". Grease Trap or Interceptor —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. Grease Traps and Interceptors are sometimes referred to herein as "Grease Interceptors ". Cooking Establishments — 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 hot, non - drinkable food product in or on a receptacle that requires washing. Such definition normally includes any establishment that has a food service license. Non -Cooking Establishments — Those establishments primarily engaged in the preparation of precooked foodstuffs that do not include any form of cooping. These include cold dairy frozen foodstuffs preparation and serving establishments. Such definition normally includes any establishment that has a food service license. Minimum Design Capacity — The design features of a Grease Interceptor and its ability or volume required to effectively arrest and retain Greases from grease -laden wastewaters discharged to the sanitary sewer system. User — Any person, including those located outside the jurisdictional limits of the City, who contributes, causes or permits the contribution of discharge of wastewater into the Publicly Owned Treatment Works (POTW), including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. Pretreatment/FOG Coordinator — The City of Mount Holly employee responsible for the enforcement of all provisions and regulations pertaining to the FOG (Fats, Oils, & Grease) Control Ordinance. C. Grease Interceptor Maintenance, Record Keeping, and Grease Removal 1. Grease Interceptors shall be installed by Users as required by the City of Mount Holly Sewer Use Ordinance -Section 2.10 (c). Grease Interceptors shall be installed at the User's expense, when such User operates a Cooking Establishment. Grease Interceptors may also be required in non -cooking or cold dairy and frozen foodstuffs establishments and other industrial, commercial, or institutional establishments when they are deemed necessary by the City of Mount Holly Pretreatment/FOG Coordinator for the proper handling of liquid wastes containing Grease. 2. No user shall allow wastewater discharge concentration from subject Grease Interceptor to exceed 250 milligrams per liter, as identified by EPA analytical method 1664. 3. All Grease Interceptors/Traps shall be designed, installed, and located in accordance with the City of Mount Holly Standard Details and Specifications and will allow for complete access to inspection, cleaning, maintenance, etc. All outdoor grease interceptors shall have a locking mechanism on all manhole covers as deemed acceptable by the Pretreatment/FOG Coordinator. No Grease Interceptor shall be less than 1000 gallons or greater than 1500 gallons. When required capacity exceeds 1500 gallons then smaller Grease Interceptors installed in series shall be required. There shall be one exception: if a new or existing facility is limited by space and cannot feasibly install a 1000 gallon Grease Interceptor, then an under the counter Grease Trap with a minimum rating of fifteen (15) gallons per minute with a Grease retention capacity of thirty (30) pounds may be installed with approval from the Utility Director or Pretreatment/FOG Coordinator. 4. All Grease Interceptors shall be subject to review, evaluation, and inspection by the Pretreatment/FOG Coordinator during normal working hours. Results of inspections will be made available to facility owner, lease holder or operator. The Pretreatment/FOG Coordinator may make recommendations for correction and improvement. 5. All such Grease Interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain Minimum Design Capacity or effective volume of the Grease Interceptor, but not to exceed every ninety (90) days. In floor and under-the-counter Grease Traps shall be cleaned not less than every thirty (30) days. 6. Users who are required to pass water through a Grease Interceptor shall: a. Provide a minimum hydraulic retention time of twenty-four (24) minutes at actual peak flow of twelve (12) minutes at the calculated theoretical peak flow rate as predicted by the Uniform Plumbing Code fixture criteria, between the influent and effluent baffles with twenty (20) percent of the total volume of the Grease Interceptor being allowed for sludge to settle and accumulate, identified hereafter as "Sludge Pocket". b. Remove any accumulated Grease Cap and Sludge Pocket as required, but at intervals not to exceed ninety (90) days for all outdoor Grease Interceptors and 11 thirty (30) days for all indoor units at the User's expense. Grease Interceptors shall be kept free of inorganic solid materials such as grit, rocks, sand, gravel, eating utensils, shells, cigarettes, towels, rags, etc., which could settle into the Sludge Pocket and thereby reduce the effective volume of the Grease Interceptor. c. Accept the following conditions: If any skimmed or pumped wastes removed from the Grease Interceptor are treated in any fashion on site and reintroduced back into the Grease Interceptor as an activity of and after said onsite treatment, the User shall be responsible for the attainment of established Grease numerical limit consistent with and contained in Section (C) Number (2) on all discharges of wastewater from said Grease Interceptor into the City of Mount Holly sanitary sewer collection and treatment system. d. Operate the Grease Interceptor in a manner so as to maintain the device such that attainment of the grease limit is consistently achieved. "Consistent" shall mean any wastewater sample taken from said Grease Interceptor shall be subject to terms of numerical limit attainment described in Section (C) Number (2). If an establishment desires to use an alternative to an out -of -building Grease Interceptor, because of documented space restraints, the request for an alternative location shall contain the following information: 1. Location of City sewer main and easement in relation to available exterior space outside building. 2. Existing plumbing at or in a site that uses common plumbing for all services at that site. e. Understand and agree that: The use of chemicals, grease solvents, emulsifiers, or thermal sources to temporarily dissolve fats, oils, and grease in lieu of physical cleaning is not considered acceptable grease trap maintenance practice and is prohibited. f. Understand and agree that: The use of enzymes and special bacteria formulations to reduce grease trap accumulations may be allowed in certain cases. A temporary approval may be given for a maximum of six (6) months to prove their effectiveness. Pump out frequency may be reduced at the discretion of the Pretreatment/FOG Coordinator if products used prove to be effective. The burden of documenting these findings is the responsibility of the discharger and will require monthly service reports detailing the service provided and products used. If inspection by the Pretreatment staff determines this treatment to be unsatisfactory, normal pumping frequency shall be resumed as provided for elsewhere in this document. g. Understand and agree that: Garbage grinders shall not be discharged into grease removal device. Special approval of garbage grinders by the Pretreatment /FOG Coordinator will be determined on a case by case basis and must discharge directly into the sewer system. (It is not recommended that garbage grinders/disposals be used in commercial food establishments due to the amount of solid waste that is discharged into the sewer collection system. The debris creates sewer blockages and increased maintenance and repair of the wastewater plant and equipment.) h. Dishwashers shall not discharge into "under-the-counter" Grease traps or underground Interceptors less than 1500 gallon capacity. If the trap is sized to provide the manufacturers recommended detention time and the trap is located far enough away from the dishwasher to allow cooling of the water to less than 110 degrees F, the Pretreatment/FOG Coordinator may grant an exception. A request shall be made to the Pretreatment/FOG Coordinator, and only after approval has been given can the dishwasher be installed accordingly. All wastewater from the dishwasher's pre -rinse station must be discharged into the grease removal system. i. Understand and agree that: The Pretreatment/FOG Coordinator reserves the right to make determinations of Grease Interceptor adequacy and need, based on review of all relevant information regarding Grease Interceptor performance, facility site and building plan review and to require repairs to, modifications, or replacement of such traps. j. Understand and agree that: The Pretreatment/FOG Coordinator will conduct facility inspections at a minimum of once every quarter or otherwise at his/her discretion. Every effort will be made to schedule inspections at a time that will be convenient to the management staff of said facility. The Pretreatment Staff will coordinate with the User during regular quarterly pumping to inspect the condition of the Grease Interceptor walls, bottom, top, cover, inlet and outlet pipes, and baffles. k. Understand and agree that: Disposal of fryer oil into the city sewer system or storm water system is specifically prohibited. The City of Mount Holly strongly encourages the recycling of used cooking oil. Facility owners may contact the Pretreatment/FOG Coordinator for a list of Renderers/Haulers. 7. The User shall submit a Grease Interceptor Maintenance Log form provided by the City to the Pretreatment/FOG Coordinator at the time of each inspection. The User shall maintain a written record of Grease Interceptor maintenance for a period of three (3) years. All such records shall be made available for inspection by Pretreatment/FOG Coordinator upon request. The following information must be maintained: receipt for job performed signed by contractor, clean out date, owner or manager of the facility, name and license number of firm performing the clean out, disposal method and final destination of material removed. S. No non -grease laden sources are allowed to be connected to sewer lines intended for Grease Interceptor service. 9. Except as provided herein, for a period of three (3) months following adoption of this Ordinance, although installation and maintenance of Grease Interceptors will be required, no enforcement actions will be pursued under this Ordinance for failure to achieve limits on Grease discharges from said Grease Interceptors. If, during this three (3) month period an obstruction of a City sewer main(s) occurs or a sewer lift station problem occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that said overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of Grease from your establishment in the City's sewer main(s) or lift station, the City of Mount Holly will take appropriate enforcement actions and may hold responsible the User liable for costs related to service calls for sewer line blockages, line cleaning, line and pump repairs, fines, etc. including all labor, materials, and equipment. Failure to pay all service related charges may also be grounds for sewer service discontinuance. 10. Grease Interceptor access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow and infiltration. The manholes shall also have readily removable covers to facilitate inspection, Grease removal, and wastewater sampling activities. D. Existing Facilities 1. All existing Cooking Establishments (or renovated or expanded establishments) shall have Grease Interceptors approved by the City of Mount Holly Pretreatment/FOG Coordinator. Cooking Establishments without Grease Interceptors will be given a deadline not to exceed one (1) year from the date of ratification of this Ordinance. 2. Failure to comply will be considered a violation of the City of Mount Holly Fats, Oils, and Grease Ordinance and such facilities may be subject to penalties and corrective actions. Said installations shall meet the same requirements for design as new facilities. 3. In the event a Cooking Establishment's Grease Interceptor is either under -designed or substandard in accordance with this policy the owner(s) will be notified in writing of the deficiencies and improvements, and given a compliance deadline not to exceed six (6) months to conform to the requirements of this policy. E. New Facilities 1. All new Cooking Establishments shall be required to install a minimum 1000 gallon outdoor Grease Interceptor. 2. No new Food Service Establishments will be allowed to initiate operations until an adequate Grease Interceptor is installed and approved by the City of Mount Holly. 3. Site plans must be submitted for all new Food Service Establishments. Site plans must be signed and sealed by a North Carolina licensed professional engineer to certify the plan meets all requirements of this Ordinance. F. Variances 1. Variances to the design and maintenance requirements contained herein may be requested. The User must submit sufficient documentation as required by the Utility Director or Pretreatment/FOG Coordinator that explains the need to vary from design or maintenance requirements. The City will notify in writing of acceptance or denial of variance request. The City reserves the right to revoke the variance when deemed necessary. G. Violations and Penalties 1. Any User who does not install Grease handling equipment or does not have the equipment inspected and approved by the Pretreatment /FOG Coordinator shall be in violation of this Ordinance. The responsibility for enforcement of these regulations shall be vested in the Pretreatment/FOG Coordinator and he/she is authorized to issue notices of violations, compliance schedules, impose fines and penalties as provided elsewhere in this document for violations of these regulations. 2. It shall be a violation of this Ordinance for any User to allow fats, oils, or greases to enter the City of Mount Holly wastewater collection or treatment system, in excess of the limits outlined in Section (C) Number (2), because of Grease Interceptors or other Grease handling facilities being inadequately serviced or maintained. 3. Grease Interceptors shall be inspected at the City's discretion. Users shall allow the Pretreatment/FOG Coordinator ready access at all reasonable times to all parts of the premises for the purpose of inspection, sampling, and records examination. The City shall have the right to set up on the User's property such devices as are necessary to conduct sampling, inspection, and compliance monitoring operations. Denial of the City's access to the User's property shall be deemed a violation of this Ordinance. 4. Users receiving unsatisfactory evaluations during inspections shall be sampled at the Grease Interceptor discharge by the Pretreatment/FOG Coordinator and said sample shall be analyzed by a certified laboratory for oil and grease. Users shall be charged a fee to cover the cost of sample analysis. Any user found to be in violation shall be notified in writing of any noncompliance and will be required to provide a schedule whereby corrections will be accomplished. In addition, a re -sample fee may be charged to the User for each additional sample collected and analyzed until the User has re-established compliance with this Ordinance. 5. Users whose operations cause or allow excessive grease to discharge or accumulate in the City of Mount Holly wastewater collection and treatment system may be liable to the City for costs related to service calls for sewer line blockages, line cleaning, line and pump repairs, etc. including all labor, materials, and equipment. Failure to pay all service related charges may also be grounds for sewer service discontinuance. H. Fees 1. Any User that is subject to sampling by Pretreatment personnel will be assessed the cost for any analytical testing fees. I. Fine Schedule "Users have the right to appeal fines by contacting the City of Mount Holly Utility Director. 1. Minor Violation lst Offense: Inspection Hindrance (equipment related) (Notice of Non -Compliance) Failure to maintain on -site records (Notice of Non -Compliance) Failure to pump grease and maintain records (Notice of Non -Compliance) 2"d Offense: Inspection Hindrance (equipment related) $50.00 (Notice of Violation) Failure to maintain on -site records $50.00 (Notice of Violation) Failure to pump grease and maintain records $150.00 (Notice of Violation) P Offense: Inspection Hindrance (equipment related) $200.00 (Notice of Violation) Failure to maintain on -site records $200.00 (Notice of Violation) Failure to pump grease and maintain records $500.00 (Notice of Violation) 4d' Offense: Inspection Hindrance (equipment related) Sewer Service Discontinued Failure to maintain on -site records Sewer Service Discontinued Failure to pump grease and maintain records Sewer Service Discontinued 2. Intermediate Violation "Failure to maintain necessary equipment (T's, grease trap not watertight, baffles, etc.) I" Offense $100.00 (Notice of Violation) 2u1 Offense $200.00 (Notice of Violation) Yd Offense $500.00 (Notice of Violation) 41" Offense 3. Major 111olation 1" Offense Source of sewer blockage Source of sanitary sewer overflow Falsification of records 2nd Offense Source of sewer blockage Source of sanitary sewer overflow Falsification of records 10 Sewer Service Discontinued $500.00 (Notice of Violation) $500.00 (Notice of Violation) $500.00 (Notice of Violation) $1000.00 (Notice of Violation) $1000.00 (Notice of Violation) $1000.00 (Notice of Violation) 3'a Offense Source of sewer blockage Source of sanitary sewer overflow Falsification of records 4a' Offense Source of sewer blockage Source of sanitary sewer overflow Falsification of records Me& of Revision $1500.00 (Notice of Violation) $1500.00 (Notice of Violation) $1500.00 (Notice of Violation) Sewer Service Discontinued Sewer Service Discontinued Sewer Service Discontinued The City of Mount Holly reserves the right to revise this ordinance as conditions warrant. 11