Sec. 110-171. - Introduction.

In an effort to prevent the sanitary sewer overflow (SSO) in the county and to protect the county's sewer system from fats, oil, and grease (FOG) accumulations, the county adopts this division. Any and all nonresidential facilities and all food services facilities directly or indirectly connected to the county sewer collection and treatment system and involved in the preparation or serving of food, or commercial enterprises that generate, haul, or dispose of FOG, shall be subject to the terms and conditions of this division. The primary objective of this division is the prevention of blockages and obstruction in the county sewer system caused by the accumulation and buildup of FOG from commercial and industrial establishments, especially from food preparation and serving businesses.

(Ord. No. 04-21, § 1, 5-11-04)

Sec. 110-172. - Definitions.

The following definitions are given for the purpose of establishing standard interpretations of the terms as used in this division and related agreements and/or contracts. Unless the contents specifically indicate otherwise, the meaning of the following terms wherever they are used in this division shall be as follows:

FOG means fats, oil, and grease, a term which generally refers to animal and vegetable glycerides discharged from food processing and serving industries. These substances are detectable and can be measured using standard analytical techniques. They are generally referred to as grease or greases.

Food courts means designated areas, generally found at shopping malls, shopping centers, and amusement parks that contain several food service facilities with different owners that share seating space and plumbing facilities.

Food service facility means a facility that prepares and/or packages food for sale or consumption. These include restaurants, food processing facilities, food manufacturers, seafood packing plants, bakeries, lounges, hospitals, hotels, nursing homes, churches, schools, dairies, slaughter houses, meat packers, food courts, caterers, theme parks, and all other food service facilities not mentioned here.

Gray water means all of the liquid and food particles that lies below the floating grease layer contained in the grease trap.

Grease means a material either liquid, solid, or semisolid, consisting of fats, oil, and grease from animal or vegetable sources. The terms fats, oil, and grease, oil and grease, oil and grease substance herein shall be referred to as grease or FOG.

Grease trap or interceptor means a grease interceptor to which grease and food wastes are directed from the food service facility operations. It functions to separate and retain waterborne greases and solid food particles prior to the wastewater exiting the trap or interceptor and entering the sanitary sewer system. They also collect solids and grease from kitchen floor drains. Throughout this division the terms traps and interceptors are used interchangeably and should mean one and the same whether they are outside or under the sink.

Inflow and infiltration (I & I) means the process by which surface water or groundwater may enter a grease trap through leaks in the plumbing or cracks in the trap itself.

MSDS means Material Safety Data Sheet.

NPDES means National Pollutant Discharge Elimination System.

Notice of violation means a written notice of any violation of any part of this division, or that there is reasonable cause to believe a user has violated, or continues to violate, any provision of this division.

POTW means publicly owned treatment works and is commonly referred to as publicly owned wastewater treatment plants or sewer systems. This term includes all the collector system piping, lines, manholes, lift stations, and treatment plants owned or operated by the county.

Sampling port means an access to a location where samples can be collected and analyzed. This location is between the trap and the point of discharge to the county sewer system.

Sanitary Sewer Overflow (SSO) means the clogging or the obstruction of flow in the county's sewer system due to the illegal discharge of wastewater with excessive fats, oil, and greases that result in the backing up and overflowing of the sewer system.

Sampling port means an access to a location where samples can be collected and analyzed. This location is between the trap and the point of discharge to the county sewer system.

Termination means the right of the county to terminate water and sewer services to a user due to its continued or repeated violations of this division.

Violation and fines means the right of the county to issue notice of violations, demand violators to take corrective measures, and impose fines, as determined by the board of county commissioners, on users violating any part of this division.

User means any person, entity, or facility owner or operator who contributes, causes, or discharges wastewater, directly or indirectly, into the county's POTW.

(Ord. No. 04-21, § 2, 5-11-04)

Sec. 110-173. - General information.

(a)

Purpose and intent. The board of county commissioners has determined that establishing a food service facilities fats, oil, and grease management program in the county is necessary and is in the best interest of the citizens of the county. This division sets forth uniform requirements for users of the county's POTWs whose businesses generate FOG. This enables the county to comply with applicable federal and state rules, minimize or prevent SSO and protect the public health and welfare by avoiding sewer backups to residential and commercial dwellings. The objectives of this division are:

(1)

To prevent the introduction of excessive amounts of FOG into the county sewer system.

(2)

To prevent clogging or blocking of the county sewer system due to FOG buildup causing backup and the flooding of streets, residences, and commercial buildings.

(3)

To eliminate the county liabilities due to possible damage to residences and commercial buildings.

(4)

To protect human health and the environment by preventing SSOs.

(5)

To implement a procedure to recover the costs incurred in cleaning and maintaining sewer lines and disposing of clogs or blockages.

(6)

To implement a procedure to recover costs for any liability incurred by the county for damage caused by grease blockage resulting in the flooding of streets, residences, or commercial buildings.

(7)

To require food service facilities to maintain and monitor grease traps and comply with this division.

(8)

To establish enforcement procedures for prosecuting violations of any part or requirement of this division.

(9)

To enable the county to comply with its NPDES, sludge use, and disposal requirements and any other federal and state laws to which POTWs are subjected.

(10)

To prevent the illegal discharge of FOG into manholes leading to the county's POTWs.

(b)

Applicability. This division shall apply to all food service facilities regardless if directly or indirectly (via private sewer system or pumping system) connected to the county's POTWs and to any commercial enterprises that generate, haul, or dispose of FOG. The division provides for inspections, monitoring, compliance, and enforcement activities.

(c)

General requirements. Grease interceptors (traps) shall be required at all food service facilities directly or indirectly connected to the county's POTW. All fixtures within such a food service facility, including kitchen sinks, dishwashers, automatic hood wash units, floor drains in food preparation and storage areas, and any other source deemed by county staff to be a source of FOG which may introduce FOG into the sewer system, must be connected to a grease interceptor. In no case shall FOG be directly introduced into the POTW. A grease trap or interceptor, according to plumbing code, shall be either under the counter for a smaller facility or outside when large quantities of food are prepared. It shall function to provide a quiescent, broad surface area that provides sufficient retention time for natural buoyancy of the FOG particles to separate from effluent and to retain FOG particles within the structure. Grease traps may be located underground and outside of a food service facility and shall have at least one inspection hatch on the top surface to facilitate inspection, cleaning, and maintenance. Grease traps shall be designed to collect, contain, or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the POTW. All grease traps shall be designed and installed in accordance with sound engineering principles and according to the county specifications, shall be the type and capacity specified by the building official, and must fulfill all requirements of the county codes.

(d)

New food service facilities. Upon the effective date of this division, new facilities, or existing facilities expanding or renovating, that are connected to the county's POTW or discharge FOG to the POTW, shall install a county-approved, properly operated and maintained grease interceptor. Grease interceptors must be installed prior to the facility commencing operations.

(e)

Existing food service facilities. Upon the effective date of this division, existing food service facilities with noncompliant grease interceptors or nonexisting grease interceptors shall install new grease interceptors. Users must comply within 90 days from the date of receiving a written notification from the county; however, compliance is hereby extended in the following circumstances:

(1)

Existing food service facilities that do not have grease interceptors of any kind, shall install a grease interceptor and shall modify plumbing connections to accommodate the grease interceptor to comply with this division within one year from the effective date of this division; or

(2)

Except as provided herein, for a period of one year following the effective date of this division, although installation of grease interceptors when none exists will be required, no enforcement will be taken under this division for failure to achieve county limits on grease discharges. However, if during this one year period an obstruction or clogging of the county's POTW occurs and may or may not cause sewer overflow or backups, the county may take an enforcement action against the user, generator, or contributor of such grease. Costs of remediation of the county sewer system and repair of any resulting damage shall be borne by the user, generator, or contributor. Such costs will be determined by the utilities director, supported by documentation of labor and materials as well as other expenses associated with the remediation or damage.

(Ord. No. 04-21, § 3, 5-11-04)

Sec. 110-174. - Grease traps and interceptors.

Upon the effective date of this division, all food service facilities covered by this division shall ensure that their grease traps work properly and effectively. Such grease traps and interceptors must fully comply with the county's code provisions regarding plumbing connections, trap design and location, trap capacity in relation to facility size/flow rate, and flow control devices and venting. Upon the effective date of this division, each facility must comply with the following:

(1)

Inspection, cleaning, maintenance, and disposal program: Each facility shall be solely responsible for the cost and completion of trap cleaning, inspection, and maintenance. A facility may contract with a grease hauler for transport and disposal services or it may develop its own grease trap cleaning, maintenance, and disposal program.

(2)

Cleaning and pumping: Cleaning and pumping of the grease traps shall be performed every 90 days or more frequently when the total volume of captured FOG and food sludge displaces 20 percent or more of the volume of the trap. Pumping the grease trap shall mean pumping it until empty and cleaning the side walls, cross pipes, and inlet and outlet pipes.

(3)

Maintenance: All grease traps shall be opened, inspected, and maintained a minimum of once per month.

(4)

Inspection: Grease traps will be inspected by the county inspectors as often as necessary to assure compliance with this division. Such inspections may be unannounced, and the county inspectors may review records on proper pumping, cleaning, maintenance, and disposal activities.

(5)

Repairs: Food service facilities shall be solely responsible for the cost and completion of all repairs of the grease traps. Repairs required by the County Code shall be completed within 21 calendar days from the date of receipt of written notice of required repairs.

(6)

Disposal: Grease and solid materials removed from the grease traps shall be disposed of properly and legally. Each food service facility shall contract with a grease hauler for the disposal of FOG. The county encourages facility owners/operators to recycle as much grease as possible at an approved processing facility. Disposal of FOG and the gray water from the traps may be delivered to a designated county facility.

(7)

Recordkeeping: All food service facilities must keep and maintain records of all trap cleaning, maintenance, disposal, and repair, and shall make all records available to the county inspectors on demand. Such records shall include the date and time of the event recorded as well as the date the record was created and shall include the amount of material pumped, the repair conducted, or similar description of the recorded event. All records shall be signed by the authorized owner or operator, or his/her representative, for the food service facility. If cleaning and maintenance are done by facility owners, written maintenance and cleaning procedures as well as the above-required records are required and must be made available to the county inspectors upon demand. The facility shall maintain all required written records for three years from the date the record is created.

(8)

Grease trap additives: Use of any chemicals, enzymes, emulsions, live bacteria, or other grease cutters or additives to the grease traps is not authorized without the prior written approval of the county. When a facility requests the county approval to apply such additives, it must submit the MSDS for the substance to be used together with any other information from the supplier that can assist the county in making a determination. Also, users shall indicate the frequency of application, concentration/dose, method of application, etc. The county may approve or deny the request for use of additives. Approval by the county to use additives may be temporary; i.e., for certain, limited time period, and may be terminated at any time at the discretion of the county.

(9)

Additional requirements:

a.

No grease sources are allowed to be connected directly to sewer lines or to bypass the grease interceptor. Also, sewage shall not be allowed to enter or pass through the grease interceptor.

b.

Access covers or manholes shall be clearly identifiable and provided over each grease interceptor. The manhole shall have readily removable covers to facilitate inspection, grease removal, and gray water sampling activities. The location of the trap shall be kept free and clear of debris. Blocking or covering the access to manholes is prohibited. Owners or designated representatives (facility managers) of the food service facilities shall be responsible for opening access covers or manhole covers for the county inspector.

c.

Grease traps shall be designed and maintained so as to prevent inflow and infiltration (I & I).

d.

Under the sink grease interceptors shall be cleaned at a minimum of once per week, or more often as necessary, to prevent pass-through of grease and other solids into the county's POTW. Facilities with under the sink grease traps or interceptors are subject to the same recordkeeping requirements as indicated above.

e.

The discharge of FOG by a commercial enterprise or grease hauler directly to the county's POTW, storm drainage, or any nonapproved location is strictly prohibited.

f.

A sampling port shall be installed in a county-approved location to allow sampling by the county inspectors. The sampling port shall be located between the grease trap and the discharge point to the sewer system.

g.

Upon this division becoming effective, the county will notify by mail all existing food service facilities of this division.

h.

All food service facilities shall allow the county inspectors or the county representatives bearing proper identifications ready access at all reasonable times to all parts of the facility for the purpose of trap inspections, observations, records examination, measurements, sampling, testing, and any other function deemed necessary under this division.

(Ord. No. 04-21, § 4, 5-11-04)

Sec. 110-175. - Inspection, monitoring, and violations.

(a)

Each food service facility may be inspected at least once annually. Facilities that are in violation of this division may be inspected more frequently until such violation(s) is (are) corrected or mitigated and the facility remains in compliance for a period of time determined by the county staff. Annual grease trap inspections will be both scheduled (e.g., in cases when corrective measures are needed) and on an unannounced basis. Inspections will not be limited to grease traps but shall include equipment and food-processing operations that result in the generation of FOG. Other pertinent data and recordkeeping and documentation will be subject to verification at the time of inspection.

(b)

The county shall have the right to sample and analyze wastewater discharge from food service facilities at any time to determine compliance with the county regulations for fats, oil, and grease set forth in article IV, chapter 110, of the County Code. The county also may measure grease/gray water level in the grease traps at any time for pump-out violations. Additionally, the county shall have the right to make a determination of grease interceptors adequacy and need, based on review of all pertinent information regarding grease interceptor performance and facility operations.

(c)

The following noted deficiencies shall be violations of this division, but this list is by no means inclusive. Each deficiency shall be considered a separate violation, and each day a deficiency exists shall constitute a separate violation. A Notice of Violation shall be issued if one or more of these conditions exist. Violators will be given a specified time from the day of inspection to take corrective action.

(1)

Failure to properly maintain the grease trap in accordance with this division.

(2)

Failure to pump out the grease trap on schedule (every 90 days or more frequently as required to maintain a minimum efficiency of 80 percent).

(3)

Failure to maintain logs, files, and records.

(4)

Refusal to provide the county inspector access for inspection or monitoring activities.

(5)

Failure to maintain or produce copies of pumping, maintenance, and disposal manifests or other records at time of inspection.

(6)

Exceeding the limits placed on the amount of FOG in the discharge as listed in the County Code.

(7)

Any other inconsistency with this division that requires corrective measures at the facility.

(8)

Spill or overflow of grease trap due to lack of pumping, cleaning, and/or maintenance.

(9)

Use of any additives in the trap system without written approval of the county.

(10)

Contributing FOG in quantities sufficient to cause loss of sewer capacity, sewer blockage, stoppages, or increased maintenance of the county's POTW.

(11)

Failure to have a grease trap at a food service facility that discharges to the county's POTW.

(12)

Utilizing a defective or improperly functioning grease trap.

(13)

Intentional diversion of FOG to the county POTW so as to bypass a grease trap.

(14)

Captured solid food particles, fats, oil, and grease combined exceeds more than 20 percent of the total volume of the grease trap.

(15)

Discharge of FOG by a commercial enterprise or grease hauler directly to the county's POTW, storm drains, or any nonapproved location.

(16)

Failure to provide access for trap inspection (e.g. manhole cover is cemented or obstructed by a dumpster).

(17)

Violation of any other provision or requirement of this division.

(Ord. No. 04-21, § 5, 5-11-04)

Sec. 110-176. - Noncompliance.

(a)

Penalties for noncompliance: When violations of this division indicated above are not corrected within a specified time period, such a user may be subjected to fines as determined by the board of county commissioners. The amount of the fines will be set from time to time by the board of county commissioners.

(b)

Reinspection of noncompliant facilities for compliance purposes may be charged a per visit fee set from time to time by the board of county commissioners.

(c)

Cost of repairs and cleanup expenses incurred by the county for damage to or clogging of the county POTW caused by a food service facility or grease hauler, due to any violation of this division, will be assessed against the entity or entities found responsible for the damage or clogging.

(Ord. No. 04-21, § 7, 5-11-04)

Sec. 110-177. - Hauler requirements.

(a)

All FOG haulers shall comply with all local, state, and federal regulations applicable to grease traps pump out, cleaning, maintenance, hauling, and disposal and shall dispose of liquid waste to a legal disposal or grease recycling facility.

(b)

All FOG haulers who operate in the county must use a nonhazardous waste manifest (or bill of laden) documents showing their daily activities and provide a copy to the county facility operators when the county facilities are used for disposal.

(c)

All FOG haulers in the county shall keep and maintain records for three years. Such records should reflect information on grease traps pumped, location and address of oil traps, owners' name, date of pumping/cleaning/maintenance, volume of waste pumped, and disposal sites. Such records shall be made available to the county staff on demand.

(d)

Prior to discharge of grease/food sludge/gray waters at the county receiving facilities, a completed and signed manifest shall be presented to the operator at the county facility receiving the waste. The manifest shall, at a minimum, include the following information:

(1)

Name and address of business where the grease trap(s) was pumped out and cleaned.

(2)

Name of business owner(s), date of pumping, and volume of waste.

(3)

Hauler's business name, address, and phone number.

(4)

Hauler's vehicle license tag number, driver's name, date of delivery, and a signed manifest.

(5)

Hauler's signature. By signing a manifest, the driver certifies to the accuracy of information on the manifest.

(e)

Falsification of any information on pump out and discharge manifests shall be a violation of this division.

(f)

The county staff reserves the right to inspect the haulers vehicle(s) used in grease trap hauling for integrity and valid registrations. Furthermore, hauler must be responsible for cleaning up spills or accidental releases on roads within the county.

(Ord. No. 04-21, § 8, 5-11-04)

Secs. 110-178—110-200. - Reserved.