Sec. 33-59. - Purpose and applicability.

The purpose of this division is to aid in preventing the introduction and accumulation of fats, oils, and grease into the city's sanitary sewer system that may contribute to sanitary sewer blockages and obstructions. Food service establishments, grease haulers and other industrial or commercial establishments generating or collecting wastewater containing fats, oils, and grease are subject to this division. This division regulates such users by requiring that grease control devices and other approved strategies be installed, implemented and maintained in accordance with the provisions of this division and other applicable requirements of the city.

The provisions of this division shall apply to all food service establishments within the city and to all grease haulers providing service to any such food service establishment.

(Ord. No. 6670-10, § 1)

Sec. 33-60. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Brown grease shall mean floatable fats, oils, grease and settled solids produced during food preparation that are recovered from grease control devices.

Enforcement response plan shall mean a system that sets forth the process and procedures for enforcement of this section by the city.

Fats, oils, and grease (FOG) shall mean material, either liquid or solid, composed of fats, oils or grease from animal or vegetable sources. Examples of FOG include, but are not limited to, kitchen cooking grease, vegetable oil, bacon grease and organic polar compounds derived from animal and/or plant sources that contain multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations at 40 CFR Part 136, as may be amended from time to time. FOG may be referred to herein as "grease" or "greases."

Food service establishment (FSE) shall mean any commercial, industrial, institutional, or food processing facility discharging kitchen or food preparation wastewaters including, but not limited to, restaurants, commercial kitchens, caterers, motels, hotels, cafeterias, correctional facilities, prisons or jails, cafeterias, care institutions, hospitals, schools, bars and churches. Any establishment engaged in preparing, serving or otherwise making food available for consumption by the public shall be included. Such establishments use one (1) or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbequing, and other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing. "Hot," for the purposes of this definition, means in excess of the limits referred to in section 33-50(c)(1) above.

Grease control device (GCD) shall mean a device used to collect, contain, or remove food waste and grease from the wastewater while allowing the remaining wastewater to be discharged to the city's sanitary sewer system by gravity. Devices include grease interceptors, grease traps, automatic grease removal devices or other devices approved by the director of public works, or his designee.

Grease hauler shall mean a contractor who collects the contents of a grease interceptor or trap and transports it to an approved recycling or disposal facility. A grease hauler may also provide other services related to grease interceptor maintenance for a FSE.

Grease interceptor shall mean a structure or device, usually located underground and outside a FSE, designed to collect, separate and contain food waste and grease while allowing the wastewater to be discharged to the city's sanitary sewer system by gravity.

Grease removal device shall mean an active, automatic device that separates and removes FOG from effluent discharge and that cleans itself of accumulated FOG at least once every twenty-four (24) hours utilizing electromechanical apparatus.

Grease trap shall mean a device typically located indoors and under the sink or in the floor, designed for separating and containing grease prior to the wastewater exiting the trap and entering the sanitary sewer system. Such devices are typically passive (gravity fed) and compact with removable baffles.

Renderable FOG container shall mean a closed, leak-proof container for the collection and storage of yellow grease.

Yellow grease shall mean FOG used in food preparation that have not been in contact or contaminated with other sources such as water, wastewater or solid waste. An example of yellow grease is fryer oil, which can be recycled into products such as animal feed, cosmetics and alternative fuel. Yellow grease is also referred to as renderable FOG.

(Ord. No. 6670-10, § 1)

Sec. 33-61. - Registration requirements.

All FSEs shall be required to register with the city their GCDs. Registrations shall be on forms provided by the department of public works or their designee to ensure that such devices are properly sized and maintained, as well as to facilitate inspection in accordance with the requirements established by the department of public works.

(1)

Existing FSEs shall register all GCDs within ninety (90) days of the adoption of this ordinance. New establishments shall register when setting up their water and sewer service or prior to obtaining a certificate of occupancy.

(2)

All grease haulers, owners, or employees servicing GCDs for FSEs within the city shall be required to obtain a certification to service GCDs from the Hampton Roads FOG regionally-approved training program provided by the Hampton Roads Planning District Commission ("HRPDC").

(3)

All grease haulers shall obtain the required permits, certifications and or approvals from the facility in which waste will be disposed of. Grease haulers discharging to a HRSD treatment plant shall be approved through the HRSD Indirect Wastewater Discharge Permit. All grease haulers must keep full records of each individual customer from whom they receive FOG, the volume received from each individual customer and the location and owner of the place of disposal. These records must be kept for three (3) years and be made available to the director of public works or his/her designee upon request.

(4)

FSEs shall employ at least two (2) employees at all times who have successfully completed the Hampton Roads FOG regionally-approved Best Management Practices training program provided by the HRPDC to manage for the FSE the requirements of this chapter.

(Ord. No. 6670-10, § 1)

Sec. 33-62. - Discharge limits.

No person shall discharge or cause to be discharged from any FSE any wastewater with FOG in concentrations or quantities that will damage the sewers or sanitary sewer system, as determined by Section 301 D. of the Hampton Roads Sanitation District's Industrial Wastewater Discharge Regulations.

(Ord. No. 6670-10, § 1)

Sec. 33-63. - Grease control devices.

(a)

Requirements. All FSEs shall have one (1) or more GCDs meeting all applicable requirements of the International Plumbing Code or its successors. The GCDs shall be designed in accordance with the Hampton Roads Regional Technical Standards Sizing of Grease Control Devices.

(1)

New establishments. Except as provided in subdivision (a)(2), FSEs shall be required to install, operate, and maintain a GCD in compliance with the requirements contained in this division. GCDs shall be installed and registered prior to the issuance of a certificate of occupancy.

(2)

Existing establishments. Existing FSEs in operation as of the effective date of this division shall be allowed to operate and maintain their existing GCDs, provided such GCDs are in proper operating condition and not found to be contributing FOG to the sanitary sewer system. If its GCD is determined to be contributing FOG, an existing FSE shall comply with the requirements of this section. Existing FSEs without GCDs shall be allowed to operate without retrofitting as long as they are using the Hampton Roads FOG regionally-approved Best Management Practices and are not found to be contributing FOG to the sanitary sewer system. If the FSE without a GCD is determined to be contributing FOG in quantities sufficient to cause line stoppages or to necessitate increased maintenance of the sanitary sewer system, an existing FSE shall comply with the requirements of this section. Existing FSEs that are renovated or expanded shall install a GCD meeting the requirements of this division. GCDs shall be installed, inspected and registered as a condition of final approval of such renovation or expansion.

(3)

Retrofit. Any existing FSE may be required to install or upgrade a GCD if such FSE is contributing FOG to the sanitary sewer system, as determined by the locality or HRSD. Such devices shall be registered with the locality within thirty (30) days of installation.

(b)

Installation of grease control devices. GCDs shall be installed by a plumber licensed in the Commonwealth of Virginia. Every GCD shall be installed and connected so that it may be readily accessible for inspection, cleaning, and removal of the intercepted food waste and grease at any time.

(c)

Maintenance of grease control devices.

(1)

All GCDs shall be maintained at the owner's expense. Maintenance shall include the complete removal of all contents, including floating material, wastewater and settled solids. Decanting or discharging of removed waste back into the grease interceptor or private sewer line or into any portion of the city's or HRSD's sanitary sewer system is prohibited.

(2)

Grease interceptors shall be pumped out completely when the total accumulation of FOG, including floating solids and settled solids, reaches twenty-five (25) percent of the overall liquid volume. At no time shall a GCD be cleaned less frequently than once every three (3) months unless allowed by the director of public works for good cause shown. Approval will be granted on a case-by-case basis upon submittal of a request by the FSE, documenting reasons for the proposed frequency variance.

(3)

Grease traps and grease removal devices shall be opened, inspected and completely cleaned of food solids and FOG a minimum of once per week, unless otherwise allowed by the director of public works or his designee for good cause shown. Approval will be granted on a case-by-case basis upon submittal of a request by the FSE documenting reasons for the proposed frequency variance. In no event shall the content of food solids and FOG exceed twenty-five (25) percent of the overall liquid depth of the device.

(4)

The director of public works or his designee may establish a more frequent cleaning schedule if the FSE is found to be contributing FOG in quantities sufficient to cause line stoppages or to necessitate increased maintenance of the sanitary sewer system.

(d)

Use of additives. The use of additives by FSEs including, but not limited to, products that contain solvents, emulsifiers, surfactants, caustics, acids, enzymes or bacteria are prohibited for use as grease management control; provided, however, that additives may be used to clean the FSE drain lines so long as the usage of such additives will not cause FOG to be discharged from the grease control device to the sanitary sewer system. The use of additives shall not be substituted for the maintenance procedures required by this section.

(e)

Waste disposal.

(1)

Waste removed from a grease trap shall be disposed of in the solid waste disposal system or by a grease hauler permitted by HRSD.

(2)

Waste removed from a grease interceptor shall be disposed of at a facility permitted to receive such wastes. No materials removed from interceptors shall be returned to any grease interceptor, private sewer line or into any portion of the city's sanitary sewer system or storm system or to any sanitary sewer system owned and operated by the HRSD.

(3)

FSEs shall dispose of yellow grease in a renderable FOG container, where contents will not be discharged to the environment. Yellow grease shall not be poured or discharged into the city's or HRSD's sanitary sewer system or storm system.

(f)

Inspection of grease control devices. The director of public works or his designee shall have the right of entry into any FSE, during reasonable hours, for the purpose of making inspections, observation, measurements, sampling, testing or records review of the sanitary sewer system and GCDs installed in such building or premise to ensure that the FSE is in compliance with this division. The owner or occupant may accompany the director or his designee. Operational changes, maintenance and repairs required by the director or his designee shall be implemented as noted in the written notice received by the FSE.

(g)

Record keeping.

(1)

FSEs shall retain and make available for inspection and copying records of all cleaning and maintenance for the previous three (3) years for all GCDs. FSE employee certifications shall be from the Hampton Roads FOG regionally-approved Best Management Practices training program provided by HRPDC. Cleaning and maintenance records shall include, at a minimum, the dates of cleaning/maintenance records, the names and business addresses of the company or person performing each cleaning/maintenance and the volume of waste removed in each cleaning. Such records shall be kept on site and shall be made immediately available to any employee of the department of public works upon request.

(2)

FSEs shall retain and make available for inspection and copying records of yellow grease disposal for the previous three (3) years. Yellow grease disposal logs shall include, at a minimum, the dates of disposal, name and business address of the company or person performing the disposal and the volume of yellow grease removed in each cleaning. Such records shall be kept on site and shall be made immediately available to any employee of department of public works upon request.

(3)

Failure to comply with any of these items will result in the FSE paying to the city a fifty dollars ($50.00) reinspection fee.

(Ord. No. 6670-10, § 1)

Sec. 33-64. - Grease hauler requirements.

(a)

Any person collecting, pumping or hauling waste from GCDs located within the municipal boundaries of the city shall be certified by the Hampton Roads FOG regionally-approved training program provided by the HRPDC.

(b)

The grease hauler shall notify the wastewater department at (757)269-2756 within twenty-four (24) hours of any sanitary sewer overflow that is required to be reported to the Virginia Department of Environmental Quality happening within the City of Newport News.

(c)

Grease haulers shall retain and make available for inspection and copying, all records related to grease interceptor pumping and waste disposal from businesses located in the city's wastewater service area. Records shall include waste manifests that, at a minimum, include time, date and volume of waste removed from the device and the time, date, volume and destination of the waste disposed. These records shall remain available for a period of at least three (3) years. The city may require additional record keeping and reporting, as necessary, to ensure compliance with the terms of this division.

(Ord. No. 6670-10, § 1)

Sec. 33-65. - Fees.

Fees provided for in this division are separate and distinct from all other fees chargeable by the city. Fees applicable to this division are: FSE re-inspection fees shall be in the amount of fifty dollars ($50.00) and shall be due upon invoice by the city. Such fees may be added to the FSE's public service bill

(Ord. No. 6670-10, § 1)

Sec. 33-66. - Compliance.

The city may require existing FSEs to retrofit any noncompliant or nonexisting GCD and appurtenances as noted in the written notice received by the FSE.

(Ord. No. 6670-10, § 1)

Sec. 33-67. - Violations and penalties.

(a)

Any person who negligently or intentionally commits any of the acts prohibited by this ordinance shall be liable to the city for all costs of containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the sanitary sewer system, as well as the costs of any damages or regulatory fines, that are proximately caused by such violations.

(b)

Any person who negligently or intentionally commits any of the acts prohibited by this division shall be subject to a fine in an amount not to exceed one thousand dollars ($1,000.00) per violation. The court assessing such fines may, at its discretion, order such fines to be paid into the treasury of the city for the purpose of abating, preventing or mitigating environmental pollution.

(c)

Enforcement will be in accordance with the associated FOG Enforcement Response Plan. The city may terminate water and/or sewer services for continuing violations of this division.

(d)

In addition to any other remedy for the violation of this division, the city may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or in equity, shall be no defense to any such action.

(e)

The remedies set forth in this section are cumulative, not exclusive; and it may not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.

(Ord. No. 6670-10, § 1)