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For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
COOKING 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, sautéing, 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.
FATS, OILS AND GREASE. Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 C.F.R. Part 136, as may be amended from time to time. All are sometimes referred to herein as GREASE.
GREASE TRAP OR INTERCEPTOR. A device for separating and retaining waterborne grease complexes prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. These devices also serve to collect settlable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection and treatment system. GREASE TRAPS AND INTERCEPTORS are sometimes referred to herein as GREASE INTERCEPTORS.
MINIMUM DESIGN CAPABILITY. The design features of a grease interceptor and its ability or volume required to effectively intercept and retain grease from grease-laden wastewaters discharged to the public sanitary sewer.
NON-COOKING ESTABLISHMENTS. Those establishments primarily engaged in the preparation of precooked foodstuffs that do not include any form of cooking. These include cold dairy and frozen foodstuffs preparation and serving establishments.
USER. Any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute the wastewater from mobile sources, such as those who discharge hauled wastewater.
(2009 Code, § 51.66) (Ord. passed 8-14-2007)
(A) Grease interceptors shall be installed by users as required by the Director or Building Inspector. Grease interceptors shall be installed at the user’s expense, when the user operates a cooking establishment. Grease interceptors may also be required in non-cooking or cold diary and frozen foodstuffs establishments and other industrial or commercial establishments when they are deemed necessary by the Director for the proper handling of liquid wastes containing grease. No user shall allow wastewater discharge concentration from subject grease interceptor to exceed 100 milligrams per liter, as identified by EPA Method 1664 and defined in § 51.052(C). All grease interceptors shall be of a type, design and capacity approved by the Director or Building Inspector and shall be readily and easily accessible for user cleaning and city inspection. All out-of-building grease interceptors shall have a slotted filter installed on the outlet pipe, designed to reduce grease concentrations. All the grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability or effective volume of the grease interceptor, but not less often than every 60 days. Users who are required to pass water through a grease interceptor shall:
(1) Provide for a minimum hydraulic retention time of 24 minutes at actual peak flow or 12 minutes at the calculated theoretical peak flow rate as predicted by the Uniform Plumbing Code fixture criteria, between the influent and effluent baffles with 20% of the total volume of the grease interceptor being allowed for sludge to settle and accumulate, identified hereafter as a “sludge pocket”;
(2) Remove any accumulated grease cap and sludge pocket as required, but at intervals of not longer than 60 days or less as to be determined by the establishment’s grease loading in compliance with the grease trap inspector at the users’ expense. Grease interceptor shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags and the like which could settle into this pocket and thereby reduce the effective volume of the grease interceptor;
(3) Accept the following conditions: if any skimmed or pumped wastes or other materials removed from grease interceptor are treated in any fashion on-site and reintroduced back into the grease interceptor as an activity of and after the on-site treatment, the user shall be responsible for the attainment of established grease numerical limit consistent with and contained in this division (A) on all discharges of wastewater from the grease interceptor into the city’s sanitary sewer collection and treatment system;
(4) Operate the grease interceptor in a manner so as to maintain the device such that attainment of the grease limit is consistently achieved. CONSISTENT shall mean any wastewater sample taken from the grease interceptor shall be subject to terms of numerical limit attainment described in this division (A). If an establishment desires, because of documented space constraints, an alternate to an out-of-building grease interceptor, the request for an alternative location shall contain the following information:
(a) Location of city sewer main and easement in relation to available exterior space outside building; and
(b) Existing plumbing at or in a site that uses common plumbing for all services at that site.
(5) Understand and agree that the use of biological additives as a grease degradation agent is conditionally permissible, upon prior written approval by the Director. Any establishment using this method of grease abatement shall maintain the trap or interceptor in such a manner that attainment of the grease wastewater discharge limit, as measured from the trap’s outlet, is consistently achieved;
(6) Understand and agree that the use of automatic grease removal systems is conditionally permissible, upon prior written approval by the Director, the Building Inspector of the city and the County Department of Health. Any establishment using this equipment shall operate the system in such a manner that attainment of the grease wastewater discharge limit, as measured from the unit’s outlet, is consistently achieved; and
(7) Understand and agree that the Director, in consultation with the Building Inspector, reserves the right to make determinations of grease interceptor adequacy and need, base on review of all relevant information regarding grease interceptor performance, facility site and building plan review and to require repairs to, or modification or replacement of the traps.
(B) The user shall submit a copy of the receipt for each pumping event no later than ten days after trap has been pumped to:
Grease Trap Inspector/Pretreatment Coordinator P.O. Box 607 Whiteville, N.C. 28472
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(C) The user shall also maintain a written record of trap maintenance for three years. All the records will be available for inspection by the city at all times.
(D) No non-grease laden sources are allowed to be connected to sewer lines intended for grease interceptor service.
(E) Establishments that are required by this subchapter to install and maintain approved grease interceptors shall have a period of one year following the adoption of this subchapter to comply with the installation requirements. No establishment shall be exempt from the discharge limits defined in this subchapter or §§ 51.050 through 51.062 and shall be subject to enforcement procedures stipulated in §§ 51.058 and 51.999 upon violation.
(F) Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tree. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.
(G) The city shall be allowed access to all grease interceptors for inspection and sampling activities.
(H) Failure to achieve limits on grease discharges from grease interceptors or an obstruction of a city sewer main(s) occurs that causes a sewer overflow to the extent that an impact on the environment is realized and that the overflow or failure of the sanitary sewer collection system to convey sewage can be attributed in part or in whole to an accumulation of grease in the city’s sewer main(s), shall result in enforcement action by the city, as stipulated in the city’s industrial pretreatment enforcement plan and §§ 51.050 through 51.062, against the generator or contributor of the grease.
(2009 Code, § 51.67) (Ord. passed 8-14-2007) Penalty, see § 51.999
(A) Generally. Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Civil penalties.
(1) Any user who is found to have failed to comply with any provision of §§ 51.050 through 51.062, or the orders, rules, regulations and permits issued hereunder, may be fined up to $25,000 per day per violation. Penalties between $10,000 and $25,000 per day per violation may be assessed against a violator only if:
(a) For any class of violation, only if a civil penalty has been imposed against the violator within the five years preceding the violation; or
(b) In the case of failure to file, submit or make available, as the case may be, any documents, data or reports required by §§ 51.050 through 51.062, or the orders, rules, regulations and permits issued hereunder, only if the POTW Director determines that the violation was intentional and a civil penalty has been imposed against the violator within the five years preceding the violation.
(2) In determining the amount of the civil penalty, the POTW Director shall consider the following:
(a) The degree and extent of the harm to the natural resources, to the public health, or to public or private property resulting from the violation;
(b) The duration and gravity of the violation;
(c) The effect on ground or surface water quantity or quality or on air quality;
(d) The cost of rectifying the damage;
(e) The amount of money saved by noncompliance;
(f) Whether the violation was committed willfully or intentionally;
(g) The prior record of the violator in complying or failing to comply with the pretreatment program; and
(h) The costs of enforcement to the city.
(3) Appeals of civil penalties assessed in accordance with this division (B) shall be as provided in § 51.054(B)(8).
(2009 Code, § 51.43) (Ord. passed 2-27-2007)