(a) FOG Prohibitions. The following prohibitions shall apply to all FSP's that discharge FOG to the POTW:
(1) All FSP Discharges to the POTW shall have no visible free-floating Polar FOG or FOG concentrations greater than identified in 915.11(b)(1).
(2) Discharge of food products through food grinders and/or garbage disposal-type devices to the POTW is prohibited.
(3) Discharge of waste that does not require separation (i.e. urinals, toilets, wash basins, etc.) is prohibited from entering FOG Control Devices.
(4) Dishwasher Discharge water is prohibited from entering the FOG Control Device.
(5) Use of hot water to clean FOG Control Device(s) is strictly prohibited.
(6) Introduction of any additives into a FSP's Wastewater system or FOG Control Device for the purpose of emulsifying FOG or biologically/chemically treating FOG for Pretreatment purposes, remediation, or as a supplement to Sanitary Sewer maintenance is prohibited, unless a specific written authorization from the Director is obtained.
(7) Disposal of waste cooking oil into Sewers connected to the POTW is prohibited. All waste cooking oils shall be collected and stored properly in appropriate receptacles such as barrels or drums for recycling or other acceptable methods of disposal.
(8) All FOG Control Devices and/or solids interceptors shall be operated and maintained so that no more than 25% of the volume/capacity of the device is filled with FOG and/or solids.
(9) The Discharge of FOG and/or solids removed during the cleaning of any FOG Control Device or solids interceptor to the POTW, Sanitary Sewer lateral, storm drain, or public right of way is prohibited. These wastes shall be properly disposed of off-site by certified waste haulers in accordance with federal, state and/or local laws. Disposal practices shall be properly documented via a FOG Control Manifest form.
(10) A three compartment sink must be directly connected to the FOG Control Device.
(11) The maximum temperature of Wastewater entering any FOG Control Device shall not be in excess of 98 degrees F.
(12) Falsifying information or tampering with FOG Control standards is strictly prohibited.
(b) FOG Pretreatment Required. All FSP's shall comply with applicable provisions specified in this Ordinance.
(1) All FSP's shall provide Wastewater acceptable to the City under the requirements and standards established herein before discharging to the POTW. Any FSP required to provide FOG Pretreatment shall install, operate, and maintain an adequately sized FOG Control Device(s) necessary to maintain compliance with the objectives of this Ordinance.
(2) New FSP's are required to install, operate and maintain an adequately-sized FOG Control Device(s) necessary to maintain compliance with the objectives of this Ordinance. Requirements for FOG Control Device's are found in 915.08 (e) of this Ordinance. For new FSP's, the FOG Control Device(s) shall be adequate to separate and remove FOG contained in Wastewater Discharges prior to Discharge to the POTW. Fixtures, equipment and drain lines located in the food preparation and clean-up areas of FSP's that are sources of FOG Discharges shall be connected to the FOG Control Device. The Director has ultimate authority over FOG Control Device installation and sizing requirements.
(3) An existing FSP without a FOG Control Device may be required to install and maintain one or more devices at the discretion of the Director.
(4) If the installation of a Grease Interceptor is impossible due to site constraints, a new and/or existing FSP may be required to install Grease Trap(s) in the waste line(s) leading from drains, sinks, and other fixtures or equipment where FOG may be introduced into the POTW in quantities that are in violation of this Ordinance. Requirements for Grease Traps are found in 915.08 (e) of this Ordinance. The Director has ultimate authority over Grease Trap installation and sizing requirements.
(5) Existing FSP's with a FOG Control Device(s) that has caused or contributed to blockage(s) and/or SSO's in the POTW, or which have sewer laterals connected to Chronic POTW Areas of Concern, or existing FSP's which have been determined to contribute significant FOG to the POTW by the Director, based on inspections or sampling, may be required to service and clean their FOG Control Device on a more frequent schedule as determined by the Director. Should a FSP not comply with the City's requirement to clean their FOG Control Device(s) on a more frequent basis, the Director may issue the FSP a FOG WDP which will specify the modified cleaning and servicing schedule and may include the assessment of surcharge penalties as deemed necessary by the Director.
(c) Best Management Practices. All FSP's shall be required, at a minimum, to comply with the following BMP's.
(1) Installation of floor drain grates/screens - Approved floor drain grates/screens shall be installed in accordance with the Ohio Version of the International Plumbing Code on all drainage pipes in all floor drains.
(2) Collection of FOG - All FOG shall be collected and properly stored in approved recycling receptacles such as barrels or drums. Such recycling receptacles shall be properly maintained to ensure that they are covered and do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of all FOG.
(3) All food waste shall be properly disposed of directly into the trash or garbage, and not introduced into the POTW.
(4) At a minimum, employees of the FSP shall be trained by the ownership/management upon initial hire and once per year thereafter on the following subjects.
A. How to "dry wipe" pots, pans, dishware and work areas before washing to remove FOG.
B. How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and/or odors.
C. The location and use of absorption products to clean under fryer baskets and other locations where FOG may be spilled or dripped.
D. How to properly dispose of FOG from cooking equipment into an appropriate FOG receptacle, such as a barrel or drum without spilling.
(5) Kitchen Signage - Best Management Practices and Waste Minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.
(d) FOG WDP. FOG WDP's are not required to be obtained by FSP's unless specified by the Director. Issuance of a FOG Permit will be done on an "as needed" basis as determined by the Director for entities that do not fully comply with the terms and conditions of this Ordinance.
(1) FOG WDP - Requirement.
A. FSP's proposing to discharge or are currently discharging Wastewater containing FOG into the POTW may be issued a FOG WDP by the Director.
B. FOG WDP's are designed to bring FSP's into compliance with this Ordinance.
C. The Director shall develop all necessary FOG WDP's for FSP's. FSP's are required to provide accurate information to the Director, as requested.
D. The conditions of a FOG WDP shall be enforced by the Director in accordance with this Ordinance and applicable State and Federal Regulations.
(2) The City will charge an annual FOG WDP fee of $250.00 per permit, to be paid by the FSP. Fees collected for FOG WDP's shall be paid to the Health Department Food Service Fund.
(3) FOG WDP Conditions.
A. A FOG WDP may contain any of the following conditions or limits:
1. Limits on Discharge of FOG and other Pollutants.
2. Requirements for proper operation, maintenance and cleaning of FOG Control Devices.
3. Requirements for implementation and on-going compliance with Best Management Practices.
4. Requirements for maintaining and submitting FOG operation and maintenance logs and records, including waste hauling records and waste Manifests.
5. Requirements to self-monitor.
6. Requirements for the FSP to construct, operate, and maintain, at its own expense, FOG Control Device(s) and monitoring and sampling facilities.
7. Additional requirements, other terms and conditions as determined to be reasonably appropriate by the Director to protect the POTW or as specified by other regulatory agencies.
(4) FOG WDP - Modification of Terms and Conditions.
A. The terms and conditions of an issued permit may be subject to modification and change by the sole determination of the Director during the life of the permit based on:
1. The Discharger's current or anticipated operating data;
2. The City's current or anticipated operating data;
3. A determination by the Director that such modification is appropriate to further the objectives of this Ordinance.
B. The Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change and the reasons for the change. The Director shall review the request, make a determination on the request, and respond in writing. The Permittee shall be informed of the acceptability of the request within thirty (30) days of receipt of the request.
C. The Permittee shall be informed of any change in the permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit may include a Compliance Schedule at the discretion of the Director as provided for in 915.08 (d) (7).
(5) FOG WDP -Termination.
A. An issued permit may be terminated by the Director during the life of the permit based on:
1. The Discharger's current or anticipated operating data;
2. The City's current or anticipated operating data;
3. Recent compliance history of the FSP;
4. A determination by the Director that such modification is appropriate to further the objectives of this Ordinance.
B. The Permittee may request termination of a FOG Discharge Wastewater Permit. The request shall be in writing stating the requested termination, and the reasons for the termination. The Director shall review the request, make a determination on the request, and respond in writing. The Permittee shall be informed of the status of the termination request within thirty (30) days of receipt of the request.
(6) FOG WDP - Duration and Renewal.
A. FOG WDP's shall be issued for a period not to exceed five (5) years.
B. FOG WDP's that are not renewed prior to their expiration shall remain in effect, including all of the requirements contained therein, until formal termination or renewal is issued by the Director.
(7) FOG WDP - Compliance Schedule.
A. As part of a FOG WDP, the City may enter into a Compliance Schedule with a FSP. A Compliance Schedule may contain terms and conditions, including but not limited to, requirements for installation of a FOG Control Device(s), immediate and regular cleaning and maintenance of FOG Control Device(s), submittal of drawings or reports, submittal of waste hauling records, implementation of Best Management Practices and Waste Minimization practices, payment of fees, or other provisions to ensure compliance with this Ordinance. The Director shall not enter into a Compliance Schedule until such time as all amounts owed by the FSP to the City, including user fees, noncompliance sampling fees, and/or other amounts due are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the Director.
(e) FOG Control Devices. All FSP's shall comply with the following requirements, wherever applicable:
(1) New construction / Tenant-Finish FSP's shall include and install Grease Interceptors prior to commencing Wastewater Discharges to the POTW, unless otherwise specified by the Director.
(2) Existing FSP's
A. Existing FSP's without a FOG Control Device which have caused or contributed to FOG-related blockage(s) in the POTW, or which have sewer laterals connected to Chronic POTW Areas of Concern; or existing FSP's which have been determined to contribute FOG concentrations, as defined by this Ordinance, may be required by the Director to install an adequately sized FOG Control Device(s). Should a FSP not comply with the City's requirement to install a FOG Control Device(s), the Director may issue the FSP a FOG WDP which will specify Pretreatment installation requirements and a Compliance Schedule, which may include the assessment of surcharge penalties.
B. Existing FSP's that undergo remodeling or a change in operations, defined as kitchen remodeling, seating capacity, change of menu items producing FOG and/or change of ownership shall be required to install an appropriate FOG Control Device(s).
(3) Commercial Properties.
A. Owners of commercial properties or their official designee(s) shall provide space and plumbing segregation and the installation of a Grease Interceptor(s) for each tenant space prior to commencing Discharges to the POTW from any future FSP. Maintenance of FOG Control Devices shall be the responsibility of the FSP operator.
(4) FOG Control Device types and installation requirements.
A. Grease Interceptor
1. Drawing Submittal Requirements - New and Tenant-finish FSP's shall be required to submit five copies of facility site plans, floor plans, mechanical and plumbing plans, and details to show all Sewer locations and connections, FOG Control Device(s), or other pretreatment equipment and appurtenance by size, location, and elevation for City evaluation. The submittal shall be to the City's Building Services Division, in a form and content acceptable to the City for expeditious review prior to construction. The review of the plans and procedures shall in no way relieve the FSP's of the responsibility of modifying the facilities or procedures in the future, as necessary to produce an acceptable Wastewater Discharge, and to meet the requirements of this Ordinance or any requirements of other Regulatory Agencies. The City's Building Services Division will confer with the Director to determine the adequacy of the proposed FOG Control Device(s) and may require changes to the site plans as needed.
2. The City shall require the drawings prepared by an Ohio Registered Professional Engineer.
3. Grease Interceptor sizing and installation shall conform to the specifications of the current edition of the State of Ohio Plumbing Code, as enforced by the City's Building Service Divisions and/or the Director. The minimum volume/capacity of a Grease Interceptor shall be 1,000 gallons.
4. The Grease Interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning and removal of accumulated FOG and/or solids.
5. Grease Interceptor Maintenance Requirements -The maintenance frequency for all FSP's with a Grease Interceptor shall be determined by one of the following methods as approved by the Director:
(i) A Grease Interceptor shall be cleaned at a frequency to meet the requirements of the FOG prohibitions as provided for in this Ordinance.
(ii) A Grease Interceptor shall be cleaned at the frequency as required in a FOG WDP.
6. Reporting and recordkeeping requirements related to Grease Interceptor maintenance are detailed in 915.08 (g).
B. Grease Trap - Requirements
1. New and/or existing FSP's may be required by the Director to install Grease Trap(s) in the pipe(s) leading from drains, sinks, and other fixtures or equipment where FOG concentrations are discharged to the POTW in excess of limits defined by this Ordinance.
2. Sizing and installation of Grease Traps shall conform to the current edition of the Ohio Plumbing Code, as required by the Director to meet the requirement and intent of this Ordinance.
3. Grease Trap - Maintenance Requirements
(i) New and existing Grease Traps shall be inspected periodically to check for leaking seams and pipes, and for effective operation of the baffles and flow-regulating device(s). Grease Traps and their baffles shall be maintained free of all caked-on FOG and solid waste. Removable baffles shall be removed and cleaned during the cleaning and maintenance process.
(ii) Reporting and recordkeeping requirements related to Grease Trap maintenance as required in 915.08 (g).
C. Oil/Water Separator - Requirements For Non-Polar FOG
1. New and/or existing commercial or industrial facilities may be required by the Director to install Oil/Water Separator (s) in the pipe(s) leading from drains, sinks, and other fixtures or equipment where FOG concentrations are discharged to the POTW in excess of limits defined by this Ordinance.
2. Sizing and installation of Oil/Water Separator shall conform to the current edition of the Ohio Plumbing Code, as required by the Director to meet the requirement and intent of this Ordinance.
3. Oil/Water Separator - Maintenance Requirements
(i) New and existing Oil/Water Separator shall be inspected periodically to check for leaking seams and pipes, and for effective operation of the baffles and flow-regulating device(s). Oil/Water Separator and their baffles shall be maintained free of all caked-on FOG and solid waste. Removable baffles shall be removed and cleaned during the cleaning and maintenance process.
(ii) Reporting and recordkeeping requirements related to Oil/Water Separator maintenance as required in 915.08 (g) for FSP's.
4. All requirements such as, but not limited to, operation, cleaning, maintenance or reporting of Grease Interceptors shall apply to Oil/Water Separator as determined appropriate by the Director.
(5) Facility Monitoring Requirements.
A. The City may require the FSP's to construct and maintain in proper operating condition, at the FSP's sole expense, constituent monitoring, metering and/or sampling facilities as approved by the Director.
B. FSP's shall provide immediate, clear, safe and uninterrupted access to the FSP's monitoring, metering and/or sampling facilities for the Director and/or the City's inspectors.
(f) Inspection and Sampling Conditions.
(1) The Director and/or City inspector may inspect and/or sample, or order the inspection and sampling of any FSP to ascertain whether the intent of this Ordinance is being met and the FSP is complying with all requirements. The FSP shall allow the City access to the premises, during normal business hours, for purposes of inspecting the FSP's FOG Control Devices, reviewing the Manifests, receipts, invoices and reports relating to the cleaning, operation, maintenance and inspection associated with all FOG Control Devices.
(2) The Director shall have the right to inspect and copy all notices, monitoring reports, waste Manifests, and records maintained by the FSP including, but not limited to, those related to Wastewater generation and Wastewater disposal.
(3) The Director shall have the right to order the placement on the FSP's property or other locations as determined by the Director, such facilities as are necessary to conduct sampling or metering operations. The location of these facilities shall be subject to approval by the Director. Where a FSP has security measures in force, the FSP shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities for purposes of monitoring compliance as outlined in this Ordinance.
(4) Grab samples taken from the FSP's Discharge sample point is considered to be representative of the FSP's Discharge to the POTW.
(5) Right of Entry for the Director or other City representatives to the premises where Wastewater is created or Discharged shall be permitted. Reasonable access to all parts of the Wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the Discharger's facility is open and operating or any other time(s) as requested by the Director. No person shall interfere with, delay, resist or refuse entrance to the Director or other City representatives attempting to inspect any facility involved directly or indirectly with a Discharge of Wastewater to the POTW.
(g) Reporting. The following monitoring, reporting and record keeping requirements shall be completed by the FSP.
(1) The Director may require periodic reporting on the status of Best Management Practices implementation.
(2) The Director may require video monitoring at the sole expense of the FSP to observe the actual conditions of the FSP's Sanitary Sewer lateral and the downstream Sanitary Sewer.
(3) Other reports may be required, such as Compliance Schedule progress reports, FOG control monitoring reports, and all other reports deemed appropriate by the Director.
(4) FSP's with a FOG Control Device(s) shall submit appropriate documentation of all cleaning, pumping and/or maintenance activities to the Commissioner prior on January 31st of each year. Appropriate documentation includes, but is not limited to, operation and maintenance records, waste hauler Manifests, receipts and invoices, training records and all other reports deemed necessary by the Director.
(5) The FSP shall be required to keep all Manifests, receipts and invoices of all cleaning, maintenance, of/from any FOG Control Device, disposal carrier and disposal site location. The FSP shall, upon request by the Director, make these documents available for review by the Director. These records may include:
A. Copies of logbooks, Manifests, invoices, receipts, operation, maintenance records, cleaning activities, waste hauling activities and status of Best Management Practices associated with FOG Control Device(s)
B. Records of sampling data and sludge height monitoring for FOG and/or solids accumulation in FOG Control Devices.
C. Records of any FOG spills and/or cleaning of the sewer lateral or sewer system.
D. Any other information deemed appropriate by the Director or designee to ensure compliance with this Ordinance.
(6) The FSP or designee shall notify the City at least 90 days in advance prior to any facility change in operations/remodeling or process modifications that may result in new or substantially increased FOG Discharges or a change in the nature of the Discharge. FSP or Designee shall notify the Director in writing of the proposed change in operations or remodeling and shall submit any information requested by the Director for evaluation of the effect of such changes on FOG Discharge to the POTW. FSP changes may require the installation of new or additional FOG Control Devices.
(7) All such records shall be kept by the FSP for a minimum of three (3) years.
(h) Enforcement.
(1) The Director will determine noncompliance with the provisions of the FOG Standards of this Ordinance through visual inspections, records review, sampling, and/or monitoring.
A. Notice of Violation (NOV) may be issued by the Building Services Supervisor, Commissioner and/or the Director
B. A written (NOV) may be issued by the City to a FSP for failure to:
1. Properly maintain and clean FOG Control Devices, including failure to make necessary repairs.
2. Implement Best Management Practices for FOG control.
3. Maintain appropriate records.
4. Submit appropriate records to the Director within five (5) business days.
5. Comply with any other provision as defined in this Ordinance.
C. Upon receiving a NOV, the FSP shall have thirty (30) days to complete corrective action and submit evidence of compliance to the Director.
(3) Sanitary Sewer lateral blockages and SSO's caused by FSP's alone or collectively, are the responsibility of the private property owner or the FSP(s).
(4) SSO's, Abatement Orders and Cost Recovery (Clean-Up Costs). If the City must act to clear a FOG blockage or contain and/or clean up an SSO caused by blockage of a private sewer lateral or the POTW serving a User, or acts at the request of the property owner or operator of a FSP, the City's costs as the Director deems appropriate for such abatement shall be entirely borne by the property owner or operator of the FSP, and may constitute a debt to the City.
(5) The FSP shall notify the Commissioner of any known violation of FOG requirements for which the FSP is in noncompliance.
(i) Penalty. Should a User fail to meet any of the requirements of this Ordinance's FOG Standard or fail to respond to a NOV issued pursuant to the FOG Standards or fail to respond adequately, the Director may pursue one or more of the provisions of 915.60 through 915.71 and/or the Director may require that a User subject to the FOG Standards apply for and receive a FOG WDP. (Ord. 2015-81. Passed 4-15-15.)