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Clive, IA Code of Ordinances
CODE OF ORDINANCES OF THE CITY OF CLIVE, IOWA
TITLE 1 - ADMINISTRATION
TITLE 2 - BOARDS AND COMMISSIONS
TITLE 3 - FINANCE AND TAXATION
TITLE 4 - BUSINESS AND LICENSE REGULATIONS
TITLE 5 - POLICE, HEALTH, AND SAFETY
TITLE 6 - MOTOR VEHICLES AND TRAFFIC
TITLE 7 - PUBLIC WAYS AND PROPERTY
TITLE 8 - PUBLIC UTILITIES
TITLE 9 - FRANCHISES AND OTHER SERVICES
TITLE 10 - BUILDING REGULATIONS
TITLE 11 - ZONING REGULATIONS
TITLE 12 - SUBDIVISION REGULATIONS
CHAPTER 3A
FOOD SERVICE ESTABLISHMENTS, GREASE INTERCEPTORS
8-3A-1 Purpose
8-3A-8 Records and Record Keeping
8-3A-2 Definitions
8-3A-9 Inspection of Grease Interceptors and Related Sewers and Equipment; Fees
8-3A-3 Effective Date of FOG Regulations
8-3A-10 Enforcement
8-3A-4 Grease Interceptor Installation Required; Exemption
8-3A-11 Notice of Violation; Administrative Penalties; Corrective Action Ordered
8-3A-5 Compliance Procedures
8-3A-12 Penalties
8-3A-6 Installation of Grease Interceptors and Grease Traps
8-3A-13 Order to Cease Operation of FSE
8-3A-7 Operation, Maintenance, and Cleaning of Grease Interceptors and Grease Traps, and Grease Hauler Certification
8-3A-14 Appeal of Corrective Action Order or Cease and Desist Order
 
8-3A-15 Additional Remedies
 
8-3A-1 PURPOSE.
   The purpose of this chapter shall be to aid in the prevention of sanitary sewer blockages and obstructions from contribution and accumulation of fat, oil, and grease into the POTW.
   Such discharges from commercial kitchens, restaurants, food processing facilities, and all other establishments, where fat, oil, and grease of vegetable or animal origin are discharged directly or indirectly into the POTW, can contribute to line blockages or spills in violation of Title 40, Code of Federal Regulations (40 CFR), part 403.
8-3A-2 DEFINITIONS.
   The definitions found in Section 8-3-1 of this chapter shall apply to the provisions of this chapter; provided, however, that 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” or “BMPs” 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 include procedures and practices that reduce the discharge of 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 8-3A-3 of this chapter 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.
   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 traps” means a device designed to retain grease from one 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.   “Nonroutine inspection” means an impromptu, unscheduled inspection of an FSE made without prior notification or arrangement.
   9.   “Routine inspection” means an inspection of an FSE which is scheduled in advance or according to a pre-arranged schedule.
   10.   “User” means the same as the definition in Section 8-3-1 of this chapter, but also includes persons who discharge wastewater to the POTW from mobile sources, such as mobile food vendors.
8-3A-3 EFFECTIVE DATE OF FOG REGULATIONS.
   The provisions of this chapter shall be effective on and after April 1, 2019.
8-3A-4 GREASE INTERCEPTOR INSTALLATION REQUIRED; EXEMPTION.
   1.   Required. The owner of a building or facility in which as 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 chapter.
   2.   Exemption. The requirements of Subsection 1 shall not apply to that portion of a building or facility within which an FSE is in existence on the effective date if:
      A.   The FSE has an existing grease interceptor or grease trap in place as of the effective date and provided that:
         (1)   The owner or occupant of the FSE continues to use the interceptor or trap;
         (2)   The interceptor or trap is of sufficient capacity and design; and
         (3)   The interceptor or trap is operated and maintained so as to comply with FOG discharge limits; and
      B.   Any repair, remodeling or renovation of the wastewater plumbing system in the existing FSE involves only:
         (1)   The repair of leaks or the clearing of stoppages in drains, soil, waste, or vent piping; or
         (2)   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
      C.   None of the following conditions are present:
         (1)   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
         (2)   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 $50,000.00 or more within a 12 month period; or
         (3)   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 and Appeals, Food and Consumer Safety Bureau records.
8-3A-5 COMPLIANCE PROCEDURES.
   1.   Certificate of Compliance or Occupancy. After the effective date, any permitted construction under Subsection 8-3A-4(1) of this chapter shall be deemed compliant upon issuance of a Certificate of Compliance or Certificate of Occupancy for such construction by the City Building Official or designee.
   2.   Inadequate Grease Interceptor. 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 any time determined to exceed 400 mg/L total FOG.
   3.   Order to Install. 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 8-3A-11 of this chapter.
   4.   Exceptional Physical Constraints or Economic Hardship. FSEs or owners of buildings or 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 chapter. 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 years. A new FSE shall submit profit/loss projections or a detailed business plan with projections for 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 City 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.
8-3A-6 INSTALLATION OF GREASE INTERCEPTORS AND GREASE TRAPS.
   Grease interceptors and grease traps, when required, shall be installed as follows:
   1.   Grease interceptors and grease traps shall be installed at the expense of the owner or operator of the FSE or owner of the building or facility in which the FSE is located which is contributing wastewater to the POTW.
   2.   All wastewater streams containing FOG or reasonably likely to contain FOG within FSEs or other FOG generating operations shall be directed into one or more appropriately sized grease interceptor before discharge to the POTW.
   Grease interceptors shall be either sized by adding the peak design flow rates for all fixtures leading to the grease interceptor and allowing a minimum retention time of 30 minutes or as follows:
Grease Interceptor Sizing
Grease Interceptor Sizing
1.
Peak Meals per hour:
a.
Seating capacity of FSE
b.
Occupancy of FSE *
c.
Seating or occupancy x meal factor of 1.3 (45 minute meal) or 1.0 (intermittent-use FSEs) = Peak meals per hour
* Church: Include all area(s) used for meal service
* Assisted living/nursing facility: Equal to maximum number of residents (per State license)
2.
Waste flow rate, gallons of flow:
a.
Commercial, equipped kitchen with dishwasher and 1 garbage disposal *
7
b.
Commercial, equipped kitchen with dishwasher, no garbage disposal
6
c.
Commercial, equipped kitchen with no dishwasher, 1 garbage disposal *
6
d.
Commercial, equipped kitchen with no dishwasher, no garbage disposal
5
e.
Single service kitchen **
2
* Each additional garbage disposal, add 1 gallon
** Single service kitchen - no garbage disposal, no dishwasher and all service is single use
3.
Retention time, hours:
a.
Commercial kitchen
2.5
b.
Single service kitchen
1.5
4.
Storage factor:
a.
Commercial kitchen up to 8 hours of operation
1
b.
Commercial kitchen up to 12 hours of operation
1.5
c.
Commercial kitchen up to 16 hours of operation
2
d.
Commercial kitchen up to 20 hours of operation
2.5
e.
Commercial kitchen up to 24 hours of operation
3
f.
Single service kitchen
1.5
 
Peak Meals per Hour x Waste Flow Rate x Retention Time x Storage Factor = Calculated Interceptor Size
   3.   Concrete grease interceptors, whether precast or poured in place, shall be designed and manufactured in accordance with ASTM C 1613-08 standard specification for precast concrete grease interceptor tanks or IAPMO/ANSI Z1001 grease interceptors and shall be installed in accordance with the codes adopted by the jurisdiction in which the FSE is located. Grease interceptors using materials other than concrete require approval by the Director, and shall comply with the conditions of such approval, if any.
   4.   The Building Official or other designated official of the governmental subdivision within which the FSE is located shall inspect each grease interceptor installation made pursuant to this chapter, shall review all relevant information regarding the rated performance of the grease interceptor, and the building plan and facility site plan for the building and site where the grease interceptor has been installed, and shall approve such grease interceptor installation upon determination that the grease interceptor meets all applicable standards and requirements.
   5.   Grease interceptors shall have a minimum capacity of 1,000 gallons and shall not exceed 5,000 gallons for a single unit. Where a capacity greater than 5,000 gallons is required, several smaller units shall be installed in series, however the capacity shall not exceed 10,000 gallons for any single series of interceptors without approval of the Director.
   6.   Grease interceptors shall be installed outside the building housing the FSE and below surface grade, and shall have access manholes, with a minimum diameter of 24 inches, over each chamber and sanitary tee. Access manholes shall extend from the grease interceptor to at least the finished surface grade and be designed and maintained to prevent storm or surface water inflow and groundwater infiltration. The manholes shall also have readily removable covers to facilitate inspection and grease removal.
   7.   Sewer lines which are not grease laden, which are not likely to contain FOG, or which contain sanitary wastes shall not be connected to a grease interceptor.
   8.   Grease interceptors shall be equipped with an accessible discharge sampling port with a minimum six-inch diameter, which shall extend from the grease interceptor to at least the finished surface grade.
   9.   Where grease interceptors are shared by more than one FSE, the building owner shall be the responsible party for record keeping and cleaning of the interceptor.
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