A. Definitions: For the purposes of this section, the following words, terms and abbreviations have the meanings given them:
ADMINISTRATIVE AUTHORITY: The Baxter public utilities commission, Baxter public works director, Baxter building official, or staff member authorized by the Baxter city council.
BEST MANAGEMENT PRACTICES: Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of fats, oils and grease into the sanitary sewer facilities.
FOG CONTROL DEVICE: Any FOG interceptor, FOG trap or other mechanism, device or process, which attaches or is applied to wastewater plumbing fixtures and lines for the purpose of trapping, collecting or treating FOG prior to discharge to the sanitary sewer system. A FOG control device may also include other proven methods to reduce FOG subject to the prior approval of the city.
FOG CONTROL PROGRAM: The FOG control program required and developed by the city to reduce the amount of FOG entering the sanitary sewer system.
FOG DESIGN MANUAL: The "FOG Design Manual For Food Service Establishments" as approved by city council setting forth city required design sizing methods for FOG interceptors and FOG traps.
FOG DISCHARGE MANUAL: The city publication entitled "Fats, Oils And Grease (FOG) Best Management Practice For Food Service Establishments" as approved by city council setting forth best management practices for food service establishment facilities to follow and reduce the amount of FOG being discharged into the sanitary sewer system to compliant levels.
FOG INTERCEPTOR: A multicompartment device that is constructed in different sizes and is generally required to be located underground between the food service establishment facility and the connection to the sanitary sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next.
FOG TRAP: A FOG control device that is used to serve individual plumbing fixtures. A FOG trap usually has limited effect and is used in those cases where the use of a FOG interceptor is determined to be impossible.
FATS, OILS AND GREASE (FOG): Any substance, such as vegetable, animal, or other product that is used in, or is a byproduct of, the cooking or food preparation process and that turns or may turn viscous or solidifies with a change in temperature or other condition or organic polar compounds derived from animal or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time.
FOOD GRINDER: Any device installed in the plumbing of a facility or sewage system for the purpose of grinding food waste or food preparation byproducts prior to disposal into the sanitary sewer system.
FOOD SERVICE ESTABLISHMENT (FSE) FACILITY: A location, business or facility primarily engaged in preparing, serving or otherwise making food or food ingredients available for sale or consumption that uses one or more of the following preparation activities: cooking, whether by frying, baking, grilling, sauteing, rotisserie, boiling, blanching, roasting, toasting, poaching, infrared heating, searing or barbequing. FSE facilities include cold dairy and frozen food stuff preparation locations, coffee shops that utilize dairy and nondairy creams and any other food preparation activity or establishment that produces a food or drink product in or on a receptacle that requires washing.
LIMITED FOOD SERVICE ESTABLISHMENT (LFSE) FACILITY: A location, business or facility, engaged only in reheating, hot holding or reassembly of ready to eat food products that does not discharge waste from food preparation or cleanup qualifies as an LFSE facility. An LFSE facility cannot include any operation or process that changes the form, flavor or consistency of food. (Ord. 2008-6, 3-5-2008; amd. Ord. 2010-8, 6-15-2010)
B. Requirements:
1. FOG Discharge Requirement: No FSE or LFSE facility shall discharge or cause to be discharged into the sanitary sewer system FOG that exceeds an average concentration level of one hundred milligrams per liter (100 mg/l) or that may accumulate and cause or contribute to blockages in the sanitary sewer system. The following discharge prohibitions shall apply to all FSE or LFSE facilities:
a. No person shall discharge or allow to be discharged any wastewater from an FSE facility directly to a sanitary sewer system without causing such discharge to pass through a FOG interceptor.
b. The discharge of any waste materials removed from a FOG control device into the sanitary sewer system is prohibited.
c. The discharge of any waste or FOG into the sanitary sewer system which fails to comply with the FOG discharge manual is prohibited.
2. FOG Interceptor And FOG Trap Requirements:
a. FSE facilities are required to install, operate and maintain an approved FOG interceptor adequately sized for the facility. Proposed new construction projects will be required to submit the FOG control device system design with the building permit application. Existing FSE facilities that do not have a FOG interceptor or that have a noncompliant or inadequate FOG control device shall install an approved system within one hundred eighty (180) days of the effective date hereof.
b. LFSE facilities are not required to install a FOG interceptor, but all such facilities are required to install, operate and maintain an approved FOG trap within one hundred eighty (180) days of the effective date hereof. All new LFSE facilities shall install an approved FOG trap, the design of which shall be submitted to the city with its building permit application.
c. FOG interceptors shall receive wastewater only from food service related plumbing fixtures such as sinks and kitchen drains. Domestic wastewater from toilets, lavatories and bathroom drains shall not flow through FOG interceptors.
3. Multiple FSE Facilities At Commercial Properties: For properties at which multiple FSE facilities are operated on a single parcel or as part of a planned unit development (PUD) or a common interest community (CIC), each FSE facility operator shall be individually and separately responsible for installation and maintenance of the FOG interceptor serving its FSE facility and for compliance with this section. Furthermore, owners of commercial properties at which multiple FSE facilities are operated on a single parcel or as part of a PUD or CIC shall be responsible for ensuring compliance of each FSE facility on such property or properties. Such operators or property owners can comply with this section by installing and maintaining a FOG interceptor for each FSE facility or upon prior approval of the city a FOG interceptor serving multiple FSE facilities.
4. Best Management Practices: Each FSE facility shall comply with best management practices outlined in the most current city of Baxter FOG discharge manual. Detailed requirements for best management practices are specified in the FOG discharge manual and may include kitchen practices and employee training that is essential in minimizing FOG discharges.
5. FOG Design, Installation And Performance Test Requirements:
a. All FOG interceptors and FOG traps shall be designed only as specified in the city of Baxter FOG design manual unless the FSE facility obtains prior written approval from the administrative authority of an equally effective alternative design. Furthermore, all FOG interceptors and FOG traps shall be installed to meet the minimum required specifications provided in Minnesota rules 4715, as amended from time to time. Notwithstanding the provisions of Minnesota rules 4715, the administrative authority may require FOG traps and FOG interceptors to be of sufficient size and capacity to meet unique or special situations.
b. All FOG interceptors must be located outside of the building, buried or covered adequately to prevent freezing and with access ports to allow for inspection and cleaning. Access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The access manholes shall include a readily removable cover to facilitate inspection, FOG removal and wastewater sampling, but shall be of sufficient weight and size to prevent unauthorized entry. FOG interceptors shall be located so as to be readily accessible for cleaning by a licensed commercial cleaner. If the FOG interceptor is installed substantially below grade, safe access shall be provided at all times throughout the year.
c. After installation all FOG interceptors must pass a manometer test with one inch (1") of water column for five (5) minutes or a vacuum test with two inches (2") of mercury for sixty (60) minutes.
6. Variance And Waiver Of FOG Interceptor Requirement: FSE facilities are required to install, operate and maintain an approved type and adequately sized FOG interceptor necessary to maintain compliance with the objectives of this section. Written variances from this requirement may be granted by the administrative authority under the following circumstances:
a. The alternative pretreatment technology that is at least as effective in controlling FOG discharge as a FOG interceptor or FOG trap, or
b. The FSE facility demonstrates to the satisfaction of the administrative authority that the FOG discharge is negligible and will have an insignificant impact on the sanitary sewer system, or
c. The installation of the FOG interceptor is not feasible, in which case the administrative authority may allow the installation of an interior FOG trap or traps. (Note: Feasibility shall not be based solely on financial considerations.)
7. Food Grinders Prohibited: No food grinder shall be installed in any FSE or LFSE facility. All food grinders shall be removed from an existing FSE or LFSE facility upon a major remodel of an FSE or LFSE facility or within one hundred eighty (180) days of the effective date hereof whichever occurs first. (Ord. 2008-6, 3-5-2008)
8. FOG Interceptor And FOG Trap Maintenance: FOG interceptors and FOG traps shall be maintained in proper operating condition by the owner, operator, or permittee and at its expense. All FOG interceptors and FOG traps shall be inspected, pumped and cleaned regularly of accumulated waste content so as to maintain a minimum design capability or effective volume in the FOG interceptor or FOG trap, but not less than every ninety (90) days. In individual cases, the ninety (90) day interval may be extended upon prior written approval of the administrative authority if evidence (inspection reports) is provided to the administrative authority indicating that the FOG interceptor has not reached ninety five percent (95%) of its capacity within any ninety (90) day interval during twelve (12) consecutive months of operation. If a FOG interceptor is found to be at or above ninety five percent (95%) capacity during any ninety (90) day interval, the inspection and maintenance interval shall be reduced to forty five (45) days.
9. Recordkeeping: The FSE or LFSE facility owner or operator shall maintain a written record of FOG interceptor or FOG trap maintenance and submit the same to the city within five (5) days after pumping. This submittal shall be in addition to reporting by the FOG collector as required in title 3 of this code. Records shall include manifests, receipts and invoices of all cleaning, maintenance, amount of FOG removal, disposal carrier and disposal site location. All such records will be available for inspection by the administrative authority upon request. (Ord. 2010-8, 6-15-2010)
It shall be unlawful to make any false statement, representation, record, report, plan or other document that is filed with the city or to tamper with or knowingly render inoperable any FOG control device.
10. Right Of Entry: Persons or occupants of premises where wastewater is created or discharged shall allow the administrative authority reasonable access to all parts of the FSE or LFSE facility and all wastewater generating and disposal facilities for the purpose of inspection and sampling during all times the discharger's facility is open and operating. No person shall interfere with, delay, resist or refuse entrance to the administrative authority's attempt to inspect any FSE or LFSE facility involved directly or indirectly with a discharge to the city's sanitary sewer system.
11. Violations: The owner, operator or permittee of an FSE or LFSE facility shall be in violation of this section if such owner, operator or permittee:
a. Fails to install an approved FOG control device as required by this section, or
b. Makes any false statement, representation, record, plan or other document that is filed with the city or administrative authority, or
c. Tampers with or knowingly renders inoperable any FOG control device required under this section, or
d. Fails to clean, properly operate, maintain or remove FOG from a FOG control device within the required time for such cleaning, maintenance or FOG removal interval, or
e. Fails to keep up to date and accurate records of all cleaning, maintenance and FOG removal and upon request to make those records available to any city or administrative authority representative, or
f. Refuses the administrative authority reasonable access to the FSE or LFSE facility for the purposes of inspecting, monitoring, or reviewing the FOG control device or manifests, receipts and invoices for cleaning and maintenance, or
g. Disposes of, or allows or directs FOG to be disposed of in an unlawful manner, or
h. Fails to remove all food grinders located in the FSE or LFSE facility by the date specified in this section, or
i. Introduces additives including drain cleaners into a wastewater system for the purposes of emulsifying FOG without the written, specific authorization from the city, or
j. Fails to comply with the current FOG best practices manual, or
k. Otherwise fails to comply with the provisions of this section. (Ord. 2008-6, 3-5-2008)
12. Enforcement:
a. If, in the sole discretion of the administrative authority, a permit holder violates any provision of subsection B11 of this section, the administrative authority may serve a notice of revocation upon said permit holder. Such revocation may be in addition to any fine imposed.
(1) Notice Of Hearing: Notice of hearing for revocation of a license or permit (a revocation of permit meaning a disconnect to city sewer lines) shall be given in writing setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be sent to the licensee or permittee by certified mail at their last known address or personally served at least ten (10) days prior to the date of the hearing.
(2) Hearing Procedures: The hearing shall be held by the utilities commission. At the hearing, the permit holder shall be permitted counsel and shall have the right to submit evidence and cross examine witnesses.
(3) Right To Appeal: Any permit holder aggrieved by the revocation of a permit shall have the right to appeal the city's decision to the city council. Such appeal shall be requested by submitting a written request to the mayor within five (5) days of the action of the city which is appealed.
(4) Council Consideration: The city council shall consider the appeal at its next regularly scheduled meeting, at which time the permit holder shall be entitled to present his appeal orally or in writing. The council shall act on the appeal within seven (7) days of the hearing and shall either uphold the action of the city or shall direct the reissuance of a permit which the city had revoked.
b. If, in the sole discretion of the administrative authority, a permit holder violates any provision of subsection B11 of this section, the administrative authority may serve an administrative citation pursuant to section 1-4-3 of this code. These fines may be in lieu of or in addition to any notice of revocation. Each day the permit holder is in violation shall be a separate offense and require an additional fine. The citation shall clearly state what days of which violation are being cited.
A violation of subsections B11b, B11d, B11e, B11f, B11j and B11k of this section shall be a level one violation pursuant to section 1-4-3 of this code; a violation of subsection B11i of this section shall be a level two violation; a violation of subsections B11c and B11h of this section shall be a level three violation; and a violation of subsections B11a and B11g of this section shall be a level four violation. (Ord. 2010-8, 6-15-2010)