§ 56.07 FOG PRETREATMENT.
   (A)   Categories of food service establishments. Based on information provided in the certificate application and the facility’s records for water consumption at that location, the Director or a designee shall assign the applicant a category of A, B or C.
      (1)   An applicant shall be given the designated points in the following categories:
         (a)   Operating hours per week:
            1.   100 hours or more - 5 points;
            2.   Between 50 and 99 hours - 4 points;
            3.   Between 25 and 49 hours - 3 points;
            4.   Between 15 and 24 hours - 2 points; and
            5.   Less than 15 hours -1 point.
         (b)   Monthly flow by cubic feet:
            1.   8,021 cubic feet or more - 5 points;
            2.   Between 6,684 and 8,020 cubic feet - 4 points;
            3.   Between 5,348 and 6,683 cubic feet - 3 points;
            4.   Between 4,011 and 5,347 cubic feet - 2 points; and
            5.   Less than 4,011 cubic feet -1 point.
         (c)   Seating capacity:
            1.   150 seats or more - 5 points;
            2.   Between 75 and 149 seats - 4 points;
            3.   Between 50 and 74 seats - 3 points;
            4.   Between 25 and 49 seats - 2 points; and
            5.   Less than 25 seats - 1 point.
         (d)   Serving practices:
            1.   Full kitchen and serves food on dishes that are washed on site - 5 points;
            2.   Full kitchen and serves food on disposable dishes or dishes that are not washed on site - 4 points;
            3.   Prepares prepackaged food and serves food on dishes that are washed on site - 3 points;
            4.   Prepares prepackaged food and serves food on disposable dishes - 2 points; and
            5.   Limited use kitchen - carry-in for prep and clean-up - 1 point.
         (e)   Deep fryer used as part of daily food preparation - 5 points;
         (f)   Deep fryer present, but not part of daily food preparation - 2 points;
         (g)   Facility has commercial dishwasher - 4 points;
         (h)   Facility has three bay or prep sink - 5 points;
         (i)   Facility has food grinder - 5 points;
         (j)   Facility has mop sink - 3 points;
         (k)   Facility has floor drains - 3 points; and
         (l)   Facility has a drive-through, drive-in or carry-out service - 1 point.
      (2)   An applicant will be assigned a category based on the following point totals.
         (a)   An applicant receiving 24 or more points will be assigned to Category A.
         (b)   An applicant receiving 6 points to 23 points will be assigned to Category B.
         (c)   An applicant receiving less than 6 points will be assigned to Category C.
   (B)   Category requirements.
      (1)   Category A. Any applicant for a certificate who is designated as Category A must install a grease interceptor that captures flows from all floor drains, mop sinks and three bay sinks and other kitchen fixtures. The size of the grease interceptor shall be the larger of 1,000 gallons or determined using the formula outlined in the State Department of Health Code (410 I.A.C. 6-10.1-66). If the Category A applicant is an existing FSE and has an established grease removal technology, the FSE may apply for a variance. If for any other reason, a new applicant cannot meet the FOG control device requirements established in this chapter, they may apply for a variance.
      (2)   Category B.
         (a)   Any applicant for a certificate who is designated as Category B must install grease traps that capture flow from, at minimum, all kitchen sinks and fixtures. The minimum size of the grease trap shall be determined using the current State Plumbing Code.
         (b)   If the Category B applicant is an existing FSE and has an established grease removal technology, the FSE may apply for a variance. If for any other reason, a new applicant cannot meet the FOG control device sizing requirements established in current State Plumbing Code, they may apply for a variance.
      (3)   Category C. Any applicant for a certificate who is designated as Category C shall not be required to install a FOG control device. If at any time, the applicant is unable to meet the requirements established in this chapter, the installation of a FOG control device may be required by the Director.
   (C)   Maintenance of FOG pretreatment systems. The FOG pretreatment system shall be maintained in satisfactory and effective operation at the FSE’s expense. The FOG control device shall be regularly pumped, cleaned and maintained. The maintenance schedule shall be set to keep the FOG control device in good working order and to minimize the introduction of FOG into the WWTP. Maintenance and disposal records shall be maintained onsite and available for inspection for a minimum of three years.
      (1)   FOG that has accumulated in a FOG control device shall not be allowed to pass into any sewer lateral, the WWTP or public right-of-way during maintenance activities.
      (2)   All material (including accumulated FOG, floating materials, sludge/solids and other materials) removed and hauled from FOG control devices shall be disposed in accordance with federal, state and local laws at a FOG disposal facility approved by the Control Authority or the State Department of Environmental Management, or, if taken out of state, approved by a similar state agency.
      (3)   FSEs are required to obtain and maintain a copy of the waste hauler’s documentation which must include:
         (a)   Name and address of hauling company;
         (b)   Name and signature of operator performing the maintenance;
         (c)   Documentation of full pump-out with volume of water and FOG removed (e.g., 1,000 gallons);
         (d)   Documentation of the level of floating FOG and settlable solids (to determine if volume exceeds 25% capacity of grease removal equipment);
         (e)   Documentation if repairs to the grease interceptor are required or performed; and
         (f)   Identification of the facility where the waste hauler will dispose of the waste.
   (D)   Monitoring.
      (1)   Control manhole requirements. All users who own, operate or maintain an FSE connected to the WWTP who make a new connection or modify an existing connection to the WWTP shall install a control manhole unless, due to space limitations, the Superintendent determines that a control manhole is not required.
      (2)   Visual monitoring. The Superintendent may conduct visual monitoring at the sole expense of the FSE to observe the actual conditions of the FSE’s sewer lateral or downstream sewer.
      (3)   Effluent monitoring may be conducted and rates and charges outlined in the wastewater utility rates and charges ordinance.
   (E)   Reporting.
      (1)   All FSEs shall submit documentation of maintenance of all FOG control devices upon request.
      (2)   The Superintendent may require periodic reporting regarding best management practices, in accordance with the FOG Control Program.
      (3)   Other reports may be required such as compliance schedule progress reports and any other reports deemed reasonably appropriate by the Director.
   (F)   Record-keeping. FSEs shall be required to keep all manifests, receipts and invoices of all cleaning, records of maintenance, FOG removal from the grease control device, disposal carrier and disposal site location onsite for no less than three years.
   (G)   Variance from FOG control device requirements.
      (1)   A new Category A FSE in an existing building or an existing Category A FSE may obtain a variance from the grease interceptor requirement to allow alternative pretreatment technology. Additionally, a new Category B FSE may obtain a variance from the grease trap sizing requirements to allow for the installation of a grease trap that is smaller than the requirements in the current State Plumbing Code. The FSE must demonstrate that it is impossible or impractical to install, operate or maintain a grease interceptor or grease trap of the size specified in the current State Plumbing Code by doing the following:
         (a)   The FSE shall be able to justify that the alternative pretreatment technology is equivalent or better than required FOG control device by meeting the 200 mg/l total FOG effluent limitation and shall install a control manhole; and
         (b)   Alternatively, if the installation of a monitoring manhole is not possible, the FSE shall demonstrate its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system conducted by the utility, for at least three months, at the FSEs expense. A variance may be granted if the monitoring results show less than or equal to 200 mg/l total FOG or no visible accumulation of FOG in its sewer lateral and downstream sewer lines.
      (2)   An existing FSE that has established grease removal technology may continue to use the existing FOG control device if it meets the following requirements:
         (a)   The FSE shall be able to justify that the alternative pretreatment technology is equivalent or better by meeting the 200 mg/l total FOG effluent limitation and shall install a control manhole.
         (b)   Alternatively, if the installation of a control manhole is not possible, the FSE shall demonstrate its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system, for at least three months, at its own expense. A variance may be granted if the monitoring results show less than or equal to 200 mg/l total FOG or no visible accumulation of FOG in its lateral and downstream sewer lines.
      (3)   An FSE may submit an application for variance from the FOG control device requirements to the Director. Upon determination by the Director that reasons are sufficient to justify a variance, the certificate will be issued or revised to include the variance.
      (4)   An FSE that applies for a variance, but is not granted a variance may appeal, in writing, to the Control Authority.
      (5)   A variance shall contain terms and conditions that serve as basis for its issuance. A variance may be revoked at any time when any of the terms and conditions for its issuance are not satisfied or if the conditions upon which the variance was based change so that the justification for the variance no longer exists. The variance shall be valid until the expiration date specified in the certificate so long as the FSE remains in compliance with the terms and conditions of this chapter.
(Ord. 1997-T-04, passed 11-11-1997)