§ 53.09 FATS, OILS AND GREASE (FOG).
   (A)   Purpose. This chapter sets forth uniform requirements for food service establishments (FSEs) and non-food service establishment FOG dischargers (NFDs) (collectively FOG producing facilities) that discharge wastewater into the county sanitary sewer. The objectives of this section are:
      (1)   To prevent the introduction of pollutants into the county's sewerage system by FOG producing facilities that will interfere with the operation of the water reclamation facilities;
      (2)   To prevent the introduction of pollutants into the county's sewerage system by FOG producing facilities that could cause sanitary sewer overflows (SSOs); and
      (3)   To protect the environment from pollution resulting from SSOs.
      (4)   This chapter shall apply to all nonresidential users (as defined herein as FSEs or NFDs) that discharge or may discharge excess FOG to the county's sewerage system. This chapter authorizes inspection and regulation of these users; authorizes monitoring, compliance, and enforcement activities; establishes administrative review procedures; requires user record keeping; provides for the implementation of control mechanisms if deemed necessary by the Director; and provides for the setting of fees for the equitable distribution of costs resulting from the administration of the program established herein (if deemed necessary by the Director).
   (B)   Administration. Except as otherwise provided herein, the Director shall administer, implement, and enforce the provisions of this chapter.
   (C)   General requirements.
      (1)   State requirements. The Illinois Pretreatment Program requirements, found in Title 35 of the Illinois Administrative Code, Parts 307 & 310, are hereby incorporated into this chapter by reference.
      (2)   Maximum discharge limits.
 
FOG Polar (P-HEM)
200 mg/L
FOG Non-Polar (SGT-HEM)
100 mg/L
pH
5.0 to 9.5
 
         (a)   FSEs and NFDs shall also comply with the compatible pollutant level in § 53.05(D) and the local limits of the Lake County Pretreatment Ordinance (Chapter 54).
         (b)   In addition, the county may establish best management practices (BMPs) for particular groups of users. These BMPs may include, but are not limited to, types or methods of pretreatment technology to be used, methods of source control, minimum maintenance requirements, spill prevention practices, or other requirements as deemed necessary by the Director.
         (c)   If a failure to maintain any grease recovery system (GRS) results in partial or complete blockage of the building sewer or private sewer system discharging to the county, or adversely affects the treatment or transmission capabilities of the county sewer system, or requires excessive maintenance, or poses a possible health hazard, the FOG producing facility responsible for maintaining the GRS shall be subject to the remedies herein, including cost recovery, enforcement and penalties.
      (3)   Grease removal system (GRS) requirements.
         (a)   All food service establishments (FSEs) and non-food service establishment FOG dischargers (NFDs) shall have an adequate GRS installed and shall exercise proper kitchen BMPs to ensure that excess concentrations of FOG are not discharged to the water reclamation facility.
         (b)   New construction or remodeled facilities.
            1.   All new construction or remodeled food service establishments (FSEs) and non-food service establishment FOG dischargers (NFDs) shall submit plumbing plans for all potential grease discharging lines, all GRSs, and connecting piping to the county for approval prior to construction. The plumbing shall be installed in accordance with the approved plans. Failure to submit plans or construct in accordance with approved plans is a violation of this chapter.
            2.   All kitchen drains and any other drains that may carry grease-laden waste shall be connected to the GRS. This includes but is not limited to: vegetable sinks, prep sinks, hand sinks, mop basins, floor drains, bar sinks, chemical rinse dishwashers and temperature rinse dishwashers that have been tempered to under 150 degrees Fahrenheit. No domestic sewage may be connected to the GRS.
            3.   All new construction or remodeled food service establishments (FSEs) and non-food service establishment FOG dischargers (NFDs) that discharge water or wastes to a county sanitary sewer or to a county water reclamation facility shall be required to install, operate, clean and maintain a GRS of appropriate size and design to achieve compliance with requirements of this chapter. Each FOG producing facility shall have a control manhole or sampling chamber installed and located at a point downstream of the GRS. No person shall construct or install a GRS without the prior approval of the Director and issuance of a permit. Such approval shall include both the approval of a plan for the proposed GRS construction or installation and permission to conduct the work required. Upon completion of the work and approval by the Director, a discharge license shall be issued to the user by the Director. Each user facility shall secure a valid discharge license issued by the Director prior to any discharge into a county sanitary sewer.
         (c)   New construction multi-tenant buildings. All new construction multi-tenant buildings (e.g., strip centers) shall include a separate waste line for all leasable spaces that discharges to a common external 1,500 gallon or larger GRS. When a space is leased, sold, or rented to a food service establishment (FSE) or non-food service establishment FOG discharger (NFD), all kitchen drains and any other drains that may carry grease-laden waste shall be connected to the GRS. This includes but is not limited to: vegetable sinks, prep sinks, hand sinks, mop basins, floor drains, bar sinks, chemical rinse dishwashers and temperature rinse dishwashers that have been tempered to under 150 degrees Fahrenheit. No domestic sewage may be connected to the GRS. A separate domestic sewage service is required to be connected to the public sewer from each unit in accordance with § 53.05(C)(10) The property owner shall be responsible for proper maintenance of this GRS in accordance with the provisions of this chapter.
         (d)   Existing facilities.
            1.   Every existing food service establishment (FSE) or non-food service establishment FOG discharger (NFD) shall have a GRS. An existing food service establishment (FSE) or non-food service establishment FOG discharger (NFD) serviced by a GRS that is non-compliant with the technical or design standards of this chapter shall be permitted to continue discharging to the county sewerage system provided that the user's FOG discharge, as measured at the control manhole, does not exceed the county's daily maximum discharge limit(s), as set forth in the county's Pretreatment Ordinance (Chapter 54). The Director or his or her representative may include conditions, restrictions, or performance standards on any existing user discharge license where that user is served by a non-compliant GRS to minimize the risk of discharges exceeding maximum pollutant discharge standards.
            2.   Any existing food service establishment (FSE) or non-food service establishment FOG discharger (NFD) not equipped with a GRS required for the type of business shall be required to install one within 180 days after notification. A FSE or NFD may make a request to the Director for a longer period of time to achieve compliance, which the Director may authorize based on the conditions of the non-compliant GRS, the nature of the business, and such conditions as the Director may deem necessary or appropriate.
            3.   The type and size of GRS required will be reviewed by the county. If the sizing differs from the Plumbing Code, a variance must be obtained from the state. Where feasible, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to this GRS. This includes but is not limited to: vegetable sinks, prep sinks, hand sinks, mop basins, floor drains, bar sinks, soup pots, chemical rinse dishwashers and temperature rinse dishwashers that have been tempered to under 150 degrees Fahrenheit. No domestic sewage may be connected to the GRS.
      (4)   New businesses within existing facilities.
         (a)   New businesses which will occupy an existing facility and which are required by this chapter to maintain a grease trap or grease interceptor shall install such unit prior to commencement of discharge to the county's sewerage system.
         (b)   For the purpose of this chapter, a new business shall include a change in business (whether or not the owner changes), a new business in a previously unoccupied space, and new ownership of an existing business.
      (5)   All users. Each user shall register its GRS system with the Director. Each user shall maintain and possess a valid discharge license issued by the Director for each FOG producing facility. The discharge from each GRS, as measured from the control manhole or sampling chamber, shall not exceed the county maximum discharge limit(s) as set forth in division (C)(2) above. Discharge license registration information shall include name, address, and telephone number of owner and on-site manager (if different); a scaled sketch/drawing of the location of the GRS on the FOG producing facility premises; location of the access manhole (and control manhole/sampling chamber, if different); the components, design, and size/capacity of the GRS; and such other information as may be applicable.
   (D)   System maintenance.
      (1)   General. All GRSs, both existing and new, shall be maintained in a safe and sanitary condition and in good working order so that any discharge therefrom, as measured from the control manhole, does not exceed the county's maximum discharge limit(s).
      (2)   Maintenance responsibility. The owner or the owner's designated agent shall be responsible for the maintenance of the GRS for a FSE or NFD at all times. All costs and expenses relating thereto shall be the responsibility of the owner.
      (3)   Maintenance requirements.
         (a)   All users shall maintain any GRS so that the FOG discharged therefrom, as measured from/at the control manhole, does not exceed the county's maximum discharge limit(s).
         (b)   In the case of a multi-tenant building, the owner of the multi-tenant building is responsible for all maintenance and repair of the GRS. All costs associated with the GRS of the multi-tenant building are the building owner's responsibility.
         (c)   Owners of any buildings that are used as an FSE or NFD are responsible for the maintenance and repair of the GRS serving the buildings even when the units are being leased by a second party for such use. All costs associated with the GRS are the building owner's responsibility.
         (d)   All grease traps and all other GRSs shall have all floating material removed at a minimum of every 90 days. All grease traps and all other GRSs shall be completely pumped out semi-annually, or when the contents of the trap exceed the 25% Rule. Semi-annual maintenance and maintenance due to exceeding the 25% Rule shall include the complete recovery of all contents including floating materials, wastewater and bottom sludge and solids. The frequency of maintenance shall be increased to comply with the county's maximum discharge limit(s) or the manufacturer's recommendations. The frequency of removal shall be as often as necessary to prevent overflows of FOG entering into the county's sewerage system.
         (e)   The pump-and-return method of decanting or discharging of removed waste back into the GRS is prohibited.
         (f)   Any removal and hauling of FOG shall be performed by a waste disposal or rendering firm licensed by the State of Illinois.
         (g)   If any GRS discharge wastes fail to meet the county's maximum limit(s), the Director is authorized to demand or order the user to repair, replace, or upgrade its GRS, at the sole expense of the user.
      (4)   Maintenance records.
         (a)   The owner of each FOG producing facility shall maintain and keep available on the premises a continuous log of manifests (and other similar record(s)) regarding each cleaning or maintenance of the GRS for the previous 24 months. The log shall be available for inspection or review by LCPW.
         (b)   If the manifest is unavailable upon request, then the FSE will have 48 hours to provide the document to LCPW.
         (c)   The owner of each FOG producing facility shall also send a copy of the manifest to the LCPW after every cleaning of the GRS or every 90 days. Manifests shall be submitted via fax or email.
         (d)   The following records shall be kept on-site at the FOG producing facility:
            1.   Haulers. Each hauler shall provide the user, at the time of service, a manifest conforming to all state statutes and regulations (see, 415 ILCS 5/22.30(e)) and the provisions of this chapter.
            2.   Manifests. The removal of a GRS contents shall be recorded on a manifest that identifies the pumping, hauling and disposing of the wastes. A copy of the manifest must be sent to the LCPW after each cleaning.
            3.   Manifest information. Each manifest shall contain the following information and such other information as may be required by statute:
               A.    User information including name, address, the volume or weight of waste pumped from each GRS, and date and time of the pumping;
               B.    Hauler information including company name, address, state license/permit number, and disposal/receiving facility location information; and
               C.    Disposal/receiving facility information, including the facility name and address, date and time of disposal/receiving, and waste manifest number.
   (E)   Grease removal systems (GRS) – design and performance standards.
      (1)   Where required a registered GRSs shall be installed, operated and maintained in each FOG producing FSE or NFD facility that discharges into the county sewerage system. Each FOG producing FSE or NFD facility shall have a control manhole where a representative sample can be taken of the FSE or NFD discharge.
         (a)   The GRS shall be located in an area freely accessible for maintenance and inspection.
      (2)   An approved GRS shall consist of one or a combination of the following methods:
         (a)   Passive technology that is an approved exterior GRS. (Standard details of approved GRSs can be obtained from the LCPW office).
         (b)   Active technology including:
            1.   An approved grease recovery device; or
            2.   An approved solids transfer/grease transfer device.
      (3)   Prohibited discharges into a GRS.
         (a)   Wastewater that does not contain FOG and that otherwise does not require grease separation treatment shall not be discharged into the GRS.
         (b)   Wastewater from a dishwasher machine or wastewater that otherwise exceeds 150 degrees Fahrenheit shall be tempered prior to being introduced into any GRS. The wastewater once tempered is then required to be discharged into the approved exterior GRS. An interior GRS shall not be allowed.
      (4)   Dumpsters/dumpster pads. Dumpsters and dumpster pad drains shall not connect to the sewerage system.
      (5)   General requirements – GRSs. Specifications outlined in this section shall be considered minimum requirements only. It shall be the responsibility of each user to have a GRS installed and maintained that will produce an effluent in compliance with the requirements of this chapter or other applicable ordinance.
         (a)   New GRSs shall meet or exceed the more stringent of specifications and requirements set forth in this chapter and other applicable local, state, or federal requirements.
         (b)   An existing GRS which is upgraded shall meet or exceed the specifications set forth in this chapter and other applicable local, state, or federal requirements.
         (c)   GRSs shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and capable of withstanding the traffic load where installed.
         (d)   GRSs shall be located so as to be readily and easily accessible for cleaning and inspection and shall be equipped with easily removable covers.
         (e)   GRSs shall have a total liquid capacity of not less than 500 gallons.
         (f)   The installation or use of all GRSs must be approved by the Director.
         (g)   GRSs shall receive all grease-laden waste discharge from the major point sources.
         (h)   All civil engineering and architectural plans submitted to the county for approval of a GRS shall contain a schedule of drainage fixture units (DFUs) with values tributary to the GRS. Failure to include this required information shall result in the submitted plans being rejected for review as required for a county sanitary sewer/water permit and/or discharge license.
      (6)   Passive exterior device (PED) requirements.
         (a)   Each PED or other GRS device design (including size, type and location) shall be reviewed and approved by the Director and comply with the following standards:
            1.   Shall be sized and engineered based upon the anticipated load and/or conditions of actual use and be a minimum of 500 gallons and a maximum of 3,000 gallons.
            2.   Shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature and capable of withstanding a H-20 traffic load where installed.
            3.   Shall have accessibility to both the influent and effluent tee pipes.
            4.   Shall contain baffles constructed of impervious material sufficient to allow a proper separation of grease from water.
            5.   Multiple PEDs or other approved GRSs are allowed.
         (b)   All standard details for PEDs approved by the county can be obtained from the LCPW office.
      (7)   Passive interior devices (PIDs). PIDs are prohibited.
   (F)   Sizing of PEDs.
      (1)   The design shall be in compliance with the following table, where the total number of drainage fixture units determines the grease trap size:
Number of Drainage Fixture Units DFUs
Minimum Grease Trap Size Unit Size (gallons)
Number of Drainage Fixture Units DFUs
Minimum Grease Trap Size Unit Size (gallons)
<8
500
9-21
750
22-35
1000
36-90
1250
91-172
1500
173-216
2000
217-307
2500
>308
3000
 
      (2)   The inlet chamber of the PED shall incorporate an open sanitary-tee, which shall extend at least 12 inches below the water surface. The outlet chamber of the vessel shall incorporate an open sanitary-tee that extends two-thirds of the total depth below the water surface. The sanitary-tees (both inlet and outlet) shall not be capped and shall remain to allow visual inspection of the waste stream.
      (3)   Exemptions to PED sizing. FSEs that serve 18 or fewer meals per day or serve only continental breakfast may be granted an exemption from the sizing requirements for PEDs listed in division (F)(2) above.
      (4)   Active interior recovery device (AIRD) requirements.
         (a)   AIRDs may be allowed through a variance process.
         (b)   AIRDs shall be Big Dipper® or approved equal and shall be sized based upon the anticipated load and/or conditions of actual use and manufacturer's recommendation.
         (c)   Detail and specifications for the AIRD, including sizing calculations, shall be provided on the plans. Failure to include this required information shall result in the submitted plans being rejected for review as required for a county sanitary sewer/water permit and/or discharge license. The Director or his or her representative shall be the sole authority on whether an AIRD may be allowed in lieu of a PED.
   (G)   Alternative methods and treatment agents.
      (1)   Alternative technology/methods. Engineered alternative technology or methods may be permitted, provided the technology or method meets the minimum performance standards set forth by this chapter. Approval of an alternative technology or method is at the sole discretion of the Director.
      (2)   Biological or chemical treatment agents. The use of biological or chemical agents that dissolve grease to allow it to be discharged into the sanitary sewer is not permitted.
   (H)   Permits and licenses, procedures, inspection and fees.
      (1)   Permits and licenses. Permits and discharge licenses issued under this chapter are not transferable.
         (a)   Installation permits. A permit shall be required for all newly constructed FOG producing FSE and NFD facilities, all remodeled FOG producing FSE and NFD facilities, and for the replacement of any existing GRS. Repairs to a GRS with a valid discharge license issued by the Director do not require a permit. A permit shall be valid for a 365-day period following the date of issuance.
         (b)   Discharge licenses. A discharge license is required for each FOG producing FSE and NFD facility and shall be valid for a five-year period following the date of issuance. Renewal of a discharge license shall be in accordance with the FOG discharge application in the form approved by the Director. Each user shall keep and maintain a valid, current discharge license issued by the Director as one of the documents in the manifest/maintenance log required to be kept on the FOG producing facility premises.
      (2)   Procedures.
         (a)   Applications. The Director is authorized to develop application forms as may be required for users to obtain permits and discharge licenses, or renewals thereof. The Director is authorized to establish any minimum submittal requirements to accompany any such applications or renewals. Any refusal to issue a permit or license, where the applicant has submitted a complete permit or license application, shall be in writing and shall specify any and all reasons for non-issuance.
         (b)   Authority to revoke. Where the Director finds that a permittee or licensee is not in compliance with any provision of this chapter, following issuance of a notice of violation and continued noncompliance or continuing violation by the permittee or licensee, or its agent, after 30 days from the notice of violation (or such shorter time frame as may be reasonably established by the Director in the notice of violation in the event the violation poses a threat of damage to the county sanitary sewer system or violation of the county's IEPA permitting requirements), the Director may revoke such permit or license. Any revocation of a permit or license by the Director shall be in writing and shall specify any and all reasons for such revocation. Any construction work or wastewater discharge subject to or covered by a revoked permit shall immediately cease and no construction or installation work or wastewater discharge shall occur or be allowed until such time as a new permit or license has been applied for and all fees, charges and costs have been paid by the owner, permittee or licensee, and the Director has issued a new permit or license.
         (c)   Appeals. The licensee/permitee shall have the right to appeal should their license/permit be revoked for any of the reasons cited above. The appeal should be placed in writing to the Engineering Supervisor for review. If there is no resolution at that level then final appeal can be made to the attention of the Director.
      (3)   Fees. The user shall be responsible for the payment of all fees for permits, licenses, and inspections, and for all other charges as may be imposed by this chapter in accordance with the provisions of the county's Retail Water/Sewer Rate Ordinance.
      (4)   Inspections. Inspections will be coordinated with the managers/owners of FSE and NFD facilities.
(Ord. 19-1394, passed 9-10-2019) Penalty, see § 53.99