§ 52.202 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESS. The city must be allowed entry in order to inspect manifest documentation of cleaning and/or pumping and entry to any wet area of a grease contributing facility. Regular inspections will be performed during normal business hours (8:00 a.m. to 5:00 p.m., Monday - Friday); however, ACCESS shall be granted at any time as needed. Manifest documentation is required to be kept for three years on site and must be available to city personnel for review upon inspection.
   APPROVED PUMPER/HAULER. Any company/person permitted (G.S. § 130A-291.1(c)) by North Carolina Division of Waste Management to engage in pumping, transporting, storing, treating or disposing septage (G.S. § 130A-290; Septage Management Rule 15A; NCAC § 13B.0817(a)).
   BEST MANAGEMENT PRACTICES (BMPS). Methods, tools, and techniques that have been determined to be the most effective and practical means of preventing or reducing pollution, including documentation of employee training, documentation of grease interceptor/grease trap cleaning, and removal and disposal of grease.
   CITY. City of Lincolnton, North Carolina.
   COST RECOVERY. Those costs associated with the cleanup and/or decontamination of a site after discharge of substances into the sanitary sewer, storm sewer and/or to the environment that caused interference, pass through or a sanitary sewer blockage. This includes cleanup and decontamination of all structures/areas including residential, commercial, surface waters and the environment.
   DIRECTOR. The Director of the City of Lincolnton Water Resources Department or their designee.
   FATS, OILS AND GREASE (FOG). Organic polar compounds derived from the animal and/or plant sources that contain multiple carbon chain triglycerides, molecules or any other glycerides or synthetics. These substances may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero to 65 degrees Celsius). This may be referred to as FOG. Commonly these substances are byproducts generated by the practice of cooking and/or preparing food. They are also found in such food substances as salad dressings, sauces and marinades, baking oils, butter products and/or dairy products. These substances are detectable and measurable using analytical test procedures established in 40 CFR Part 136.
   FOG COORDINATOR. The Water Resources Enforcement Official designated by the Pretreatment Coordinator and/or the Director of the Water Resources Department to implement the Grease Control Policy.
   FOG EFFLUENT SAMPLE. Representative grab sample of FOG containing wastewater effluent taken according to 40 CFR Part 136 at the outlet of a FOG interceptor for the purpose of analysis for various pollutants of concern as defined in the City Sewer Use Ordinance.
   FOG INTERCEPTOR. Grease trap, grease interceptor and/or oil/water separator.
   FOG UNIT. The city’s public service staff as delegated by the Director to be responsible for administering and enforcing this subchapter.
   FOOD SERVICE ESTABLISHMENTS. Those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption foodstuffs, and that use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, non-drinkable food product in or on a receptacle that requires washing. Those establishments that engage in the preparation of precooked and frozen food materials and meat cutting preparation and applicable to all FOOD SERVICE ESTABLISHMENTS that discharge wastewater containing grease to the City of Lincolnton's Sanitary Sewer System, including, but not limited to, the following: restaurants, grocery stores, meat markets, hotels, factory and office building cafeterias, public and private schools, hospitals, nursing homes, commercial day care centers, and catering services.
   GREASE CONTRIBUTING FACILITIES. Any person(s), business, industrial or institutional entity that contributes, causes or discharges FOG-containing wastewater into the collection system of the POTW.
   GREASE INTERCEPTOR. Devices for the separation and retention of waterborne fats, oils and grease from the effluent of grease contributing facilities. Such interceptors may be of the "outdoor" or "underground" type normally of a 1,000 gallons or more capacity.
   GREASE TRAP. Devices for the separation and retention of waterborne fats, oils and grease from the effluent of grease contributing facilities. Such traps are the "under-the-counter" type normally 100 gallons or less capacity.
   INTERFERENCE. A discharge, which alone or in conjunction with a discharge or discharges from other sources, both: inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal, and therefore is a cause or contributes to, a violation of any requirement of the POTW's NPDES permit and/or the City Wastewater Collection System Permit (including an increase in the magnitude or duration of a violation) or any criteria, guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean Air Act, 40 CFR Part 503 (Standards for the Use of Disposal of Sewage Sludge), the Toxic Substances Control Act, or more stringent state criteria (including those contained in any state sludge management plan prepared pursuant to Title IV of SWDA) applicable to the method of sludge disposal employed by the POTW.
   NON-COOKING ESTABLISHMENTS. Those establishments primarily engaged in preparation of pre-cooked foods that do not include any form of cooking. These include dairy and frozen foodstuff establishments.
   OIL/WATER SEPARATOR. An in-line device used to remove oils, grease and immiscible solids from industrial/commercial process wastewater.
   OWNER. An individual, firm, company, corporation, or group upon whose property the building or structure is located or will be constructed.
   PASS THROUGH. A discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the city’s NPDES permit, including an increase in the magnitude or duration of a violation.
   POLICY. The City of Lincolnton's Fats, Oils, and Grease Control Policy.
   POTW. Publicly owned treatment works, as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the city. This definition includes any devices or system used in the collection, storage, treatment, recycling and reclamation of municipal sewage (wastewater) or industrial wastes of a liquid or solid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW treatment plant. For the purpose of this policy, POTW shall also include any sewers that convey wastewater to the POTW from persons/users outside the city who are by contract or agreement with the city or in any other way users of the POTW.
   RESPONSIBLE PARTY. Considered to be the owner, operator or lessee (i.e., the permitted user) who is held responsible for proper installation and/or operation of a FOG interceptor for the purpose of complying with this subchapter.
   SANITARY SEWER. A public sewer controlled by a governmental agency or entity including the city that carries liquid and waterborne waste from residences, commercial buildings, industrial plants or institutions, together with minor quantities of ground or surface waters that are not intentionally admitted.
   SEWER. A pipe or conduit for carrying wastewater.
   SURFACE WATERS. Creeks, streams, lakes and/or other bodies of water.
   TECHNICALLY DEFENSIBLE CALCULATION(S). Grease separation devices sizing options as approved by the POTW Director or designated representative.
   USER. Any person, business, or organization, including those located outside of the jurisdictional limits of the city, who contributes, causes, or permits the contribution or discharge of wastewater into the POTW.
   VARIANCE FOR CAUSE REQUEST. Submittal provided by a food service establishment to provide site-specific technical information to demonstrate why a grease interceptor is not feasible, practicable, and/or necessary for a particular use, activity and/or structure.
   WASTE. The liquid- and water-carried domestic or industrial wastes from dwellings, commercial establishments, industrial facilities and institutions, whether treated or untreated. The terms "sewage" and "wastewater" shall be deemed as WASTE by definition.
(Ord. O-01-22, passed 4-7-2022)