(A) No establishment shall discharge wastewater to the sanitary sewer system in violation of the FOG policy or the utility’s pretreatment discharge limitations.
(B) It shall be a violation of the FOG policy for any establishment to:
(1) Modify a grease interceptor structure without the consent or approval of the utility including alteration or removal of any flow constricting devices so as to cause flow to rise above the design capacity of the grease interceptor;
(2) Provide false maintenance records;
(3) Cause or permit the plugging, blocking or interference with a grease interceptor or permits others to cause such interference; and
(4) Not comply with the provisions of a FOG discharge permit or the FOG policy.
(C) No customer or establishment, including non-permitted establishments, shall discharge FOG to the sanitary sewer system in excess of 100 mg/l as total recoverable FOG, contribute to increased downstream maintenance of the sanitary sewer system due to a FOG discharge, or contribute to downstream backups or overflows due to FOG discharge. If such discharge occurs, the customer or establishment shall be considered in violation of this policy and subject to the remedies described herein.
(D) No establishment shall contribute or cause to be contributed into the grease interceptor or the sanitary sewer system any of the following:
(1) Hot water running continuously through grease interceptor;
(2) Concentrated alkaline or acidic solutions;
(3) Concentrated detergents, emulsifiers, de-emulsifiers, surface active agents, enzymes, degreasers, solvents or any type of product that will liquefy grease interceptor wastes;
(4) Any substance that may cause excessive foaming in the sanitary sewer system;
(5) Any substance capable of passing the solid or semi-solid contents of the grease interceptor to the sanitary sewer system;
(6) Hazardous wastes including concentrated cleaners, pesticides, herbicides, paints, solvents, gasoline or other petroleum products; or
(7) Waste fats, oils and grease not generated as part of the wastewater system.
(E) When the utility finds that a user has violated, or continues to violate, any provision of this policy, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the utility may serve upon that user a written notice of violation (NOV). Within 20 days of the receipt of this notice, an explanation of the violation, verification of grease interceptor/trap cleaning, and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the utility. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the utility to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. The utility may suspend sewer service when such suspension is required in order to stop an actual or threatened discharge that presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment.
(F) Any customer or establishment notified of a suspension of the sewer service shall immediately stop or eliminate the discharge. In the event of a failure of the customer or establishment to comply voluntarily with the suspension order, the utility shall take such steps as deemed necessary, including immediate termination of sewer service, to stop an actual or threatened discharge that presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment. The utility shall reinstate the sewer service when such conditions causing the suspension have passed or been eliminated. A detailed written statement submitted by the customer or establishment describing the cause(s) of the harmful discharge and the measure(s) taken to prevent any future occurrence shall be submitted to the utility within 15 days of the date of occurrence.
(G) Any customer or establishment may appeal the actions of the utility by submitting a notice of appeal to the utility within 14 days from the receipt of a suspension notice from the utility or other notice, requiring action, imposition of a fee, or notice of service termination. An appeal request will not delay action by the utility.
(H) The Utility Committee shall conduct a hearing on all appeals within 14 days of the receipt of notice of appeal. The notice of appeal shall state the technical grounds and objections for the appeal. At the hearing, the Utility Committee shall hear and investigate any objection that may be raised and take such action as may be appropriate under the facts and circumstances established.
(I) The Utility Committee shall render a decision within five business days of the date of the hearing. The customer or establishment requesting the appeal may petition the Town Council to review the decision or take other such action as permitted by applicable state law. The utility reserves the right to seek reimbursement of administrative and operational costs and legal fees resulting from enforcement of this policy.
(Ord. 2012-20, passed 8-22-2012) Penalty, see § 52.99