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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUTOMATIC GREASE REMOVAL DEVICE. A plumbing appurtenance that is installed in a sanitary drainage system to intercept free-flowing fats, oils and grease from wastewater discharge. Such a device operates on a time- or event-controlled basis and has the ability to remove free-floating fats, oils and grease automatically without intervention from the user, except for maintenance.
FACILITIES. Any commercial food service business engaged in food prep and sales. Including, but not limited to, any building, structure, sewer lines, sewer mains, vaults, appliances, attachments, equipment, structures, manholes and other like equipment, fixtures and appurtenances used in connection with transmitting, supplying or furnishing sanitary sewage services.
GREASE INTERCEPTOR. A plumbing appurtenance that is installed in a sanitary drainage system to intercept oily and greasy wastes from a wastewater discharge. Such device has the ability to intercept free-flowing fats and oils.
GREASE-LADEN WASTE. Effluent discharge that is produced from food processing, food preparation or other sources where grease, fats and oils enter automatic dishwater pre-rinse stations, sinks or other appurtenances.
(Prior Code, § 51.200) (Ord. 18-29, passed 9-4-2018)
(A) It shall be unlawful for any person to operate a facility in which grease-laden waste is produced without obtaining a valid grease discharge permit for the facility. Provided that, FACILITY shall not include any individual dwelling unit as such term is defined by the latest adopted Building Code of the city.
(B) The owner, manager or agent of a facility, shall make written application to the Director of Public Works, or his or her designee, on the form furnished by the city. The application shall be accompanied by the appropriate fee. Such permit fee will be set in accordance with the city’s fee schedule as set by resolution. Permits issued pursuant to this subchapter are nontransferable. A new permit application and fee shall be required for each change of ownership of a licensed facility.
(C) The owner, manager or agent of a facility must submit a complete application and registration fee prior to producing any grease-laden waste at the facility.
(D) The term of the permit shall be from January 1 through December 31 of each calendar year. Permit fees shall not be prorated for permits in effect for less than the full calendar year.
(E) The Director of Public Works, or his or her designee, shall issue or renew a permit for a facility that complies with the terms of this subchapter. The Director of Public Works may modify the terms and conditions of any permit, in order to protect the sanitary sewer system. The permit holder shall receive at least a 30-day notice of such modification, except in the event of an emergency.
(F) The permit fee, as set by resolution, shall be for each grease interceptor and automatic grease removal device used at a facility. The permit fee shall be doubled if the permit is not obtained or renewed, or the fee is not paid, within 30 days of when the permit or fee is required.
(Prior Code, § 51.201) (Ord. 18-29, passed 9-4-2018)
Each facility with a grease discharge permit is subject to the following requirements, and such requirements shall apply to the issuance, and the continued validity, of such permit.
(A) Each facility shall install and maintain grease interceptors or automatic grease removal devices as required by the latest adopted Plumbing Code of the city. If the facility’s existing grease interceptors or automatic grease removal devices are not adequately sized for the facility’s activities, the facility shall replace the devices to meet the requirements of the latest adopted Plumbing Code of the city.
(B) The permit holder shall maintain, and shall require all employees, agents and other representatives to maintain, the grease interceptors and automatic grease removal devices in accordance with the requirements of this subchapter and the grease (fats, oils and greases) management program.
(C) The permit holder shall allow the facility to be inspected by the city, and the permit holder shall make the grease interceptors and automatic grease removal devices accessible and exposed for inspection purposes, in connection with the issuance or renewal of a grease discharge permit, or at any reasonable time, without prior notice, to confirm the permit holder’s compliance with this subchapter. Such inspections may include measuring, testing or sampling.
(Prior Code, § 51.202) (Ord. 18-29, passed 9-4-2018)
(A) It shall be unlawful for any person to discharge grease-laden waste into the sanitary sewer collection system. It shall be unlawful for the permit holder to direct or allow any person to discharge grease-laden waste into the sanitary sewer collection system.
(B) The grease interceptors and automatic grease removal devices shall be maintained to ensure that they operate continually, effectively and as designed.
(C) If grease-laden waste spills onto the public right-of-way, parking area, driveway or other location that may cause run-off into the stormwater system, the spill shall be immediately cleaned-up in a manner that complies with state and federal guidelines. The permit holder shall notify the Director of Public Works, or his or her designee, that such spill occurred by the next business day. If the permit holder fails to clean the spill to the city’s satisfaction, the spill constitutes and shall be treated as a nuisance pursuant to Ch. 92 of this code.
(D) The permit holder shall have all grease interceptors and automatic grease removal devices inspected by a city-licensed plumber annually. An inspection fee will be set in accordance with the city’s fee schedule as set by resolution. The results of the inspection shall be reported on a form produced by the city and shall be submitted to the city within 15 days of the inspection date. If the licensed plumber notes deficiencies in a grease interceptor or automatic grease removal device, the permit holder shall make necessary repairs to ensure compliance with this subchapter within 30 days of the date of the inspection, unless an extension is approved by the Director of Public Works. The permit holder shall provide documentation of such repairs to the Director of Public Works, and allow inspections thereof, within 15 days of the completion of the repairs. If the permit holder fails to meet the reporting deadlines, the permit holder shall owe and pay a late fee as may be set by resolution for these provisions.
(Prior Code, § 51.203) (Ord. 18-29, passed 9-4-2018) Penalty, see § 51.999
(A) The Director of Public Works may deny, revoke or suspend a license for any of the following reasons:
(1) Failure to submit a complete application or pay any fees;
(2) Fraud, misrepresentation or false statement in the permit application, inspection, and/or repair records; or
(3) Failure to comply with any of the provisions of this subchapter or city ordinance.
(B) Such denial, revocation or suspension shall not become effective until the applicant/permit holder has been served with a notice of such. The notice shall state the reason for noncompliance and include a time period for the applicant/permit holder to comply. Service may be accomplished by personal service, service by restricted mail showing the date and to whom the mail was delivered, or by regular mail if restricted mail has been refused by the addressee. Service by personal service or by restricted mail shall be deemed complete as of the date of such service. Service by regular mail shall be deemed complete three days after the city has placed the notice in the U.S. mail. Such notice shall inform the applicant/permit holder of the action taken and shall notify the person of the right to appeal. If the application/permit holder elects to appeal a written appeal shall be delivered to the City Clerk within 20 days from the date of the denial, revocation or suspension. Hearing on the appeal before the City Administrator shall take place within 15 days from the date of receipt of the written appeal. If a written appeal is filed, such action shall be stayed until the final written decision on the appeal is rendered.
(C) In any suspension of the license, the Director of Public Works may place such conditions upon the suspension as it deems advisable, including the continued production of grease-laden waste under the stated provisions. Any conditions of the suspension shall be set forth in the notice.
(Prior Code, § 51.204) (Ord. 18-29, passed 9-4-2018)
The Director of Public Works may immediately suspend the wastewater treatment service when, in the option of the Director, such suspension is necessary to stop an actual or threatened discharge which presents or may present an imminent or substantial danger to the public health, safety and welfare, or to prevent interference with, or a threat to, the sanitary sewer collection system. If the person or permit holder notified of such suspension fails to comply with the order, the Director of Public Works may take steps necessary to block or sever the connection to the sanitary sewer collection system. The person or permit holder may file a written appeal to such order with the city of the order being made. The service shall remain suspended during the appeal period. Service shall be re-stated when the condition causing the threat is corrected, or if the person successfully appeals the Directorof Public Works’ order.
(Prior Code, § 51.205) (Ord. 18-29, passed 9-4-2018)
(A) Any person found to be violating any provision of this chapter, except § 51.001, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(B) Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by reason of the violation.
(C) Any person who shall continue any violation beyond the time limit provided for in § ___ shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount in accordance with § 10.99. Each day in which any such violation shall continue shall be deemed a separate offense.
(D) Failure to comply with the provisions of §§ 51.230 through 51.235 by any person or entity shall be deemed a public offense, punishable by a fine in an amount as may be set by resolution per each violation. Each day that the violation continues, shall be deemed a separate and distinct offense. Any penalty imposed by this provision shall be in addition to any other remedy at law or equity available to the city arising out of applicant’s activities in the public right-of-way.