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OIL AND GREASE
§ 52.085 PURPOSE.
   This subchapter is intended to aid in the prevention of sanitary sewer blockages and obstructions caused by the introduction, discharge and contribution of fats, oils, greases, grease complexes, scum, sludge and other organic polar compounds into the town's wastewater collection system or publicly owned treatment works by commercial, industrial, institutional and all other non-residential activities.
(Ord. passed 10-16-00; Am. Ord. 2018-07-07, passed 7-16-18)
§ 52.086 DEFINITIONS.
   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMERCIAL ESTABLISHMENT and INDUSTRIAL ESTABLISHMENT. Any user that has the potential to use, contribute to or otherwise impact the town's wastewater collection system or POTW. Such establishments include, but are not limited to, maintenance facilities, repair facilities and equipment cleaning facilities.
   COOKING ESTABLISHMENT. Any person primarily engaged in the activities of cooking, preparing, serving or otherwise making available for human consumption any form of foodstuff, and which uses one or more of the following cooking or preparation methods in connection with such activities: cooking or preparation by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, poaching, or any type of cooking or preparation that produces a hot non- potable product in or on a receptacle that requires washing, rinsing or other form of cleaning. Such establishments include, but are not limited to, restaurants, cafeterias, extended care facilities, school cafeterias (public and private), and day care facilities where meals for more than six children are prepared, served or otherwise made available for human consumption.
   GREASE. All greases, grease complexes, fats, oils, scum, sludges and all other organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. Such substances are detectable and measurable using analytical procedures established in 40 CFR 136.
   GREASE TRAP or GREASE INTERCEPTOR. A device for separating and retaining waterborne greases before the wastewater which contains such grease exits the grease trap or interceptor into the town's wastewater collection system or POTW. The grease trap or interceptor also collects settleable solids generated by or incidental to commercial, industrial and food preparation activities.
   NON-COOKING ESTABLISHMENT. Any person primarily engaged in the rendering or preparation of pre-cooked foodstuffs that do not require or involve any form of cooking. Such establishments include, but are not limited to, establishments that are primarily engaged in the rendering preparation of cold dairy and frozen foodstuffs.
   PERSON. Any actual person, corporation, partnership, unincorporated association, and any governmental entity or political subdivision and departments and agencies thereof.
   TOWN. Town of Clayton, North Carolina, and its utility service area.
   USER. Any person primarily engaged in any commercial, industrial, institutional or other non- residential activity who introduces, contributes or discharges (or causes or permits the introduction, contribution or discharge of) wastewater into the town's wastewater collection system or POTW, including but not limited to any person who introduces, contributes or discharges wastewater into the wastewater collection system or POTW through any mobile source.
   WASTEWATER. Any substance introduced, contributed to, or discharged into the town's wastewater collection system or publicly-owned treatment works (POTW).
(Ord. passed 10-16-00; Am. Ord. 2018-07-07, passed 7-16-18)
§ 52.087 GREASE TRAP AND INTERCEPTOR INSTALLATION; MAINTENANCE; RECORD KEEPING AND REMOVAL.
   (A)   No later than one year after adoption of this chapter, all users shall install grease traps or interceptors designed to limit the introduction, contribution and discharge of greases into the town’s wastewater collection system or POTW. Grease traps and interceptors with appropriate sampling or inspection points shall be installed at the user’s expense whenever any user operates a commercial establishment, industrial establishment, or a cooking establishment Grease traps and interceptors must have a minimum capacity of 1,000 gallons or more as required to effect a grease concentration maximum of 200 mg/l.
   (B)   Alternative methods of compliance may be approved by the town if the user demonstrates that compliance with this chapter is impossible or impractical at the time of adoption of this chapter as a result of limited space. However, any such proposed alternative method of compliance will be required to meet the performance criteria specified in division (A) of this section, and the user must adequately demonstrate to the satisfaction of the town that the proposed alternative method will satisfy those performance criteria. In addition, any such alternative method must be cleaned at a more frequent interval than is required of grease traps and interceptors under division (E) of this section. Prior to approval of any such proposed alternative method of compliance, documentation of the proposed method’s actual performance criteria must be submitted to the town’s Enforcement Official or Public Works Director for review and approval.
   (C)   Grease traps and interceptors may also be required in other facilities, as deemed necessary by the town’s designated Enforcement Official or Public Works Director.
   (D)   Upon the prior written approval of the Public Works Director, non-cooking establishments may be exempted from the requirements of this subchapter after an inspection of the subject premises and submission of adequate supporting documentation, as deemed necessary in the sole and absolute discretion of the Public Works Director. At a minimum, such supporting documentation shall include: blueprints of the subject premises, a full and detailed description of the operations and activities at the subject premises, and a full and detailed list of all potential sources of grease at the subject premises.
   (E)   Users shall empty and service grease traps and interceptors as often as necessary to comply with the performance criteria in division (A) of this section. The default maximum period of time allowed between servicing of grease traps shall be 60 days; however, individual customers may prepare and submit an alternative schedule for review and approval by the Public Works Director. Alternative schedules may be approved based on evaluation of the flow volume, character of the wastewater, and capacity of the grease trap. Once approved, the user must adhere to the alternative schedule. Under-the-counter types of grease traps and interceptors shall be cleaned at least daily, and shall comply with the performance criteria in division (A) of this section. There shall be no reintroduction of wastewater back into the grease trap or interceptor unless and until said wastewater has been proven to contain 200 mg/l or less of grease. Under no circumstances shall the sludge or scum layer be reintroduced or discharged into the town’s wastewater collection system or POTW.
   (F)   Users shall supply (1) an adequate sampling point downstream of the grease trap or interceptor, prior to mixing with other sanitary flows, and (2) an accessible entry into each chamber of the grease trap or interceptor. The minimum requirement for the sampling point shall be four-inch vertical clean-out.
   (G)   Users shall retain detailed records on-site for a minimum of three years reflecting all maintenance carried out pursuant to this section. All permitted haulers and/or commercial establishment, industrial establishment or cooking establishments who service a grease trap connected to the town’s publicly-owned treatment works shall file a report regarding the results of that contracted cleaning using the town’s designated electronic reporting system managed by the currently contracted vendor as published at www.Townofclaytonnc.org. Permitted haulers shall supply all cleaning information required by the designated electronic reporting system to include but not limited to facility name, location address, manager name, phone number or email, service date, size, name of pumping company, address, phone number, driver name, disposal facility, and any other information deemed necessary.
   (H)   Users are required to keep the grease trap or interceptor free of inorganic solids such as grit, towels, gloves, cigarettes, eating utensils, and the like, which could clog or settle in the trap or interceptor, thereby reducing the effective volume or capacity of the trap or interceptor.
   (I)   Users are required to ensure that all waste material removed from grease traps and interceptors is disposed of in a manner that complies with all federal, state and local statutes, rules, regulations, policies and ordinances.
   (J)   Except as provided herein, for a period of one year following the adoption of this subchapter, no enforcement actions will be taken under this section for failure to achieve the performance criteria specified in division (A) of this section. If, during such period, (1) an obstruction of any of the town’s sanitary sewer main(s) occurs and causes a sewer overflow, spill, leak or other event with any environmental impact, and (2) such overflow, spill, leak or other event may be attributed in part or in whole to a particular user, then the town will seek enforcement action under this chapter, and/or the Pretreatment Enforcement Plan. For purposes of this section, an overflow, spill, leak or other event shall be deemed to have an environmental impact when (1) such overflow or other event involves an amount of wastewater equal to or in excess of 1,000 gallons, or (2) any amount of wastewater reaches any body of surface water.
(Ord. passed 10-16-00; Am. Ord. 2004-05-03, passed 5-17-04; Am. Ord. 2018-07-07, passed 7-16-18; Am. Ord. 2020-09-01, passed 9-8-20)
§ 52.088 ENFORCEMENT.
   The town shall enforce this subchapter pursuant to the provisions of this chapter and Chapter 10 of the town's Code of Ordinances and/or the town's Pretreatment Enforcement Plan.
   (A)   When any user is found not to be in compliance with this subchapter, the consumer shall be notified, in writing, with regard to the corrective action required and a specified period of time to achieve compliance.
   (B)   Any user which remains in noncompliance after notice is given and the time prescribed, will be considered in violation of this chapter and will realize the potential for disconnection of water services until compliance is achieved. In addition, any person who shall continue any violation beyond the time limit provided for in the aforementioned notice of violation (NOV) shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not to exceed $50 for each violation. Each day in which any violation continues shall be deemed a separate offense.
   (C)   Enforcement of this program shall be administered by the Town of Clayton Public Works and Utilities Director or his or her duly appointed representative.
   (D)   The Town of Clayton Public Works and Utilities Director is authorized to make all necessary and reasonable rules and policies with respect to the enforcement of this chapter. All such rules and policies shall be consistent with the provisions of this chapter and shall be effective upon the date of adoption by the Town Council.
(Ord. passed 10-16-00; Am. Ord. 2018-07-07, passed 7-16-18; Am. Ord. 2020-09-01, passed 9-8-20)
ENFORCEMENT/PENALTIES
§ 52.990 ADMINISTRATIVE REMEDIES.
   (A)   Notification of violation. Whenever the Superintendent or Director finds that any industrial user has violated or is violating this chapter, wastewater permit, or any prohibition, imitation or requirements contained therein or any other pretreatment requirement the Superintendent or Director may serve upon such a person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the town by the user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.
   (B)   Consent orders. The Superintendent or Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to § 52.990(D) below.
   (C)   Show cause hearing.
      (1)   The Superintendent or Director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this chapter or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. In the event the Superintendent or Director determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
      (2)   The Superintendent or Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
      (3)   A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under § 52.991 nor is any action or inaction taken by the Superintendent or Director under this section subject to an administrative appeal under § 52.041(I).
   (D)   Administrative orders. When the Superintendent or Director finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent or Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following:
      (1)   Immediately comply with all requirements;
      (2)   Comply in accordance with a compliance time schedule set forth in the order;
      (3)   Take appropriate remedial or preventive action in the event of a continuing or threatened violation;
      (4)   Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.
   (E)   Emergency suspensions.
      (1)   The Superintendent or Director may suspend the wastewater treatment service and wastewater permit when such suspension is necessary in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or non-discharge permit.
      (2)   Any user notified of a suspension of the wastewater treatment service or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the Superintendent or Director shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Superintendent or Director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent or Director prior to the date of the above-described hearing.
   (F)   Termination of permit or permission to discharge.
      (1)   The Superintendent may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons:
         (a)   Failure to accurately report the wastewater constituents and characteristics of his discharge;
         (b)   Failure to report significant changes in operations, or wastewater constituents and characteristics;
         (c)   Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
         (d)   Violation of conditions of the permit or permission to discharge, conditions of this chapter, or any applicable state and federal regulations.
      (2)   Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under § 52.990 why the proposed action should not be taken.
(Ord. passed 11-8-94; Am. Ord. 2008-05-02, passed 5-5-08; Am. Ord. 2018-07-07, passed 7-16-18)
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