CHAPTER 101
REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS
101.01 Purpose
101.10 Inspection of Grease Interceptors and Related Sewers and Equipment
101.02 Definitions
101.11 Trip Charges
101.03 Effective Date of FOG Regulations
101.12 Enforcement
101.04 Grease Interceptor Installation Required After Effective Date
101.13 Notice of Violation; Administrative Penalties; Corrective Action Order
101.05 Exemption from Grease Interceptor Installation Requirement for Existing Facilities
101.14 Penalties
101.06 Compliance Procedures
101.15 Order to Cease Operation of Food Service Establishment
101.07 Installation of Grease Interceptors and Grease Traps
101.16 Appeal of Corrective Action Order or Cease and Desist Order
101.08 Operation, Maintenance and Cleaning of Grease Interceptors and Grease Traps and Grease Hauler Certification
101.17 Additional Remedies
101.09 Records and Record Keeping
 
101.01 PURPOSE.
The purpose of this chapter is to aid in the prevention of sanitary sewer blockages and obstructions from contribution and accumulation of fat, oil, and grease (FOG) into the POTW.
Such discharges from commercial kitchens, restaurants, food processing facilities and all other establishments, where fat, oil and grease (FOG) of vegetable or animal origin are discharged directly or indirectly into the POTW, can contribute to line blockages and/or spills in violation of Title 40, Code of Federal Regulations 40 CFR, Part 403.
101.02 DEFINITIONS.
The definitions found in Section 100.01 of this Code of Ordinances apply to the provisions of this chapter; provided however, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1.   “Best management practices” means and includes schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. For purposes of this chapter, “best management practices” includes procedures and practices that reduce the discharge of fat, oil and grease (FOG) to the building sewer, to the City sanitary sewer system and to the POTW.
2.   “Design liquid depth” means the maximum depth of liquid when the tank is filled with water.
3.   “Effective date” means the date set forth in Section 101.03 upon which the regulatory provisions of this chapter take effect.
4.   "Food Service Establishment" or "FSE" means an operation or enterprise that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. Such facilities may include, but are not limited to, those that process meat or other food ingredients as an intermediate step or for final human consumption, food service operations in a summer camp, residential substance abuse treatment facility, halfway house, correctional facility, school, restaurant, commercial kitchen, caterer, church, hotel, bars, hospital, prison, care institution or similar facility.
(Ord. 1662 - Jul. 10 Supp.)
5.   “Grease interceptor” means a tank that serves one or more fixtures and is remotely located. Grease interceptors include (but are not limited to) tanks that capture wastewater from dishwashers, garbage disposals, floor drains, pot and pan sinks and trenches as allowed by local plumbing codes. For purposes of this chapter, a grease interceptor is a multi-compartment tank located underground outside of a building that reduces the amount of FOG in wastewater prior to its discharge into the POTW.
6.   “Grease trap” means a device designed to retain grease from one and up to a maximum of four fixtures. Not all grease traps are approved by the manufacturer for use on heated water (e.g., dishwasher) or in-line to a waste disposal unit (e.g., garbage disposal and grinders). For purposes of this chapter, a grease trap is a small device located within a building.
7.   “Minimum design capability” means the design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the POTW.
8.   “Non-routine inspection” means an impromptu, unscheduled inspection of a food service establishment made without prior notification or arrangement.
9.   “Routine inspection” means an inspection of a food service establishment which is scheduled in advance or according to a pre-arranged schedule.
10.   “User,” as used in this chapter, has the same meaning as the definition in Section 100.01, but also includes persons who discharge wastewater to the POTW from mobile sources, such as mobile food vendors.
101.03 EFFECTIVE DATE OF FOG REGULATIONS.
The provisions of this chapter shall be effective on and after January 1, 2006.
101.04 GREASE INTERCEPTOR INSTALLATION REQUIRED AFTER EFFECTIVE DATE.
The owner of a building or facility in which an FSE is located, and the owner or operator of an FSE shall be required to install an approved grease interceptor, and to thereafter operate and maintain same as provided in this division.
(Ord. 1662 - Jul. 10 Supp.)
101.05 EXEMPTION FROM GREASE INTERCEPTOR INSTALLATION REQUIREMENT FOR EXISTING FACILITIES.
The requirements of Section 101.04 shall not apply to that portion of a building or facility within which an FSE is in existence on the effective date if:
1.   The FSE has an existing grease interceptor or grease trap in place as of the effective date and provided that (a) the owner or occupant of the FSE continues to use the interceptor or trap, (b) the interceptor or trap is of sufficient capacity and design, and (c) the interceptor or trap is operated and maintained so as to comply with FOG discharge limits; and
2.   Any repair, remodeling or renovation of the wastewater plumbing system in the existing FSE involves only (a) the repair of leaks or the clearing of stoppages in drains, soil, waste or vent piping, or (b) the removal and reinstallation of a sink, toilet or hot water heater; provided that such work does not involve replacement, rearrangement or moving of wastewater pipes, floor sinks, drainage fixtures or grease traps; and
3.   None of the following conditions are present:
   A.   A building or facility exists on the effective date and is thereafter expanded or renovated, or a portion thereof, to include an FSE where such FSE did not previously exist; or
   B.   An FSE exists on the effective date within a building or facility , or portion of a building or facility, and application is thereafter made for a building permit(s) for such building or facility with valuation of $50,000 or more within a twelve (12) month period; or
   C.   A building or facility, or portion thereof, that contained an FSE on the effective date but in which an FSE ceases to operate for one year or more, as determined by Iowa Department of Inspections & Appeals, Food and Consumer Safety Bureau records.
(Ord. 1662 - Jul. 10 Supp.)
101.06 COMPLIANCE PROCEDURES.
1.   After the effective date, any permitted construction under Section 101.04 shall be deemed compliant upon issuance of a certificate of compliance or certificate of occupancy for such construction by the City Building Official.
2.   An FSE shall be deemed compliant, unless the WRA director or local building official or designee determines that an existing grease trap or grease interceptor is incapable of adequately retaining FOG. In such cases, the Director may order the FSE to install an adequate grease interceptor within a specified time period if:
   A.   The FSE is found to contribute FOG in quantities above FOG discharge limits; or
   B.   The FSE discharges necessitate increased maintenance on the publicly owned treatment works (POTW) in order to keep stoppages from occurring therein; or
   C.   The FSE's discharge to the POTW is at anytime determined to exceed four hundred (400) mg/l total FOG.
3.   An order directing an existing FSE or the owner or operator of the FSE or the owner of the building or facility in which the FSE is located to install a grease interceptor shall be in writing from the WRA Director in the form of a notice of violation including a corrective action order, as provided in section 118-488 of this division.
4.   FSEs or owners of buildings of facilities within which an FSE is located which are unable to install or replace a grease interceptor due to exceptional physical constraints or economic hardship may appeal to the WRA director for approval of an alternative grease control technology by requesting a hearing in accordance with the provisions of this division. Such requests shall be submitted in writing and shall include detailed descriptions of the FSE's physical or financial constraints and the alternative grease control technology which it proposes to install and utilize.
   A.   In order to demonstrate exceptional economic hardship, the owner or operator of the FSE shall submit to the WRA director balance sheets and profit and loss statements for FSE for the preceding three (3) years. A new FSE shall submit profit/loss projections or a detailed business plan with projections for twenty-four (24) months. Each request shall be evaluated on a case-by-case basis.
   B.   Notwithstanding approval of alternative grease control technology, when the WRA director determines that such alternative is not performing adequately, the FSE or owner of the building or facility in which the FSE is located shall be required to take additional grease control measures, which may include the installation of a grease interceptor.
   C.   In order to demonstrate exceptional physical site constraints preventing the installation of a grease interceptor, the owner or operator of the FSE or owner of the building or facility in which the FSE is located shall submit to the WRA director documentation and plats showing the location of sanitary sewer and any private easements in relation to the building sewer for the building housing the FSE, and showing available space inside or outside the building and drawings of existing plumbing at or in a site that uses common plumbing for all services at that site.
   D.   An FSE that is given an exemption from installing a properly sized grease interceptor is prohibited from installing or using a dishwasher or garbage disposal without approval of the director and must comply with the conditions of such approval, if any.
(Ord. 1662 - Jul. 10 Supp.)
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