(A) The objective of the ordinance codified herein is to aid in preventing the introduction and accumulation of fats, oils, and greases into the county wastewater system which will or tend to cause or contribute to sanitary sewer blockages and obstructions. Food service establishments and other industrial or commercial establishments generating wastewater containing fats, oils or greases are subject to the ordinance codified herein. The ordinance codified herein regulates such users by requiring that grease interceptors and other approved strategies be installed, implemented, and maintained in accordance with the provisions hereof and policies adopted by the director.
DIRECTOR. The Public Works Director for the County or his or her designee.
FATS, OILS, AND GREASE (FOG). 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. § 136 (2018), as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases” or “FOG.”
FOG POLICY. The written plan and procedures by which the director implements and enforces the FOG control and management program established herein. The policy applies to FOG program violations and matters of program noncompliance. Penalties for specific and programmatic infractions are addressed in the policy and set forth in the County’s fee schedule in § 52.81.
FOOD SERVICE ESTABLISHMENTS (FSE). 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, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, or poaching, and infrared heating, searing, barbecuing, and any other food preparation or serving activity that produces a hot, non-drinkable food product in or on a receptacle requiring washing to be reused.
GREASE HAULER. Any third party not in the employment of the user that performs maintenance, repair, and other services on a user’s grease interceptor at the user’s directive.
GREASE TRAP or INTERCEPTOR. A device for separating waterborne greases from wastewater and retaining such greases prior to the wastewater exiting the trap and entering the sanitary sewer collection and treatment system. GREASE INTERCEPTORS also serve to collect solids that settle, generated by and from activities that subject users to this section, 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 greases and settled solids from grease-laden wastewaters prior to discharge to the public sanitary sewer.
PERMIT. Program confirmation approval documentation issued by the director. The user is required to keep the permit on premises and produce it upon request of the director.
USER. The responsible person or entity for the FSE’s operations. In the case of individual FSEs, the owner or proprietor of the food service operation. Where the FSE is a franchise operation, the owner of the franchise is the responsible person or entity. Where the FSE operation is owned by a corporation, the corporate representative is the responsible entity. Where two or more FSEs share a common grease interceptor, the USER shall be the individual who owns or assumes control of the grease interceptor or the property on which the grease interceptor is located.
(C) Grease interceptor installation, maintenance, record keeping, and grease removal.
(1) Grease interceptors shall be installed and maintained (at the user’s expense) when a user operates a FSE. All grease interceptors shall be of a type, design, and capacity approved by the director in accordance with the FOG policy and shall be readily and easily accessible for maintenance and repair, including cleaning and for county inspection. All grease interceptors shall be serviced and emptied of accumulated waste content as required in order maintaining minimum design capability or effective volume of the grease interceptor. At a minimum, the FOG policy shall require:
(a) A minimum hydraulic retention time of 24 minutes at actual peak flow between the influent and effluent baffles, with 25 percent of the total volume of the grease interceptor being allowed for any food-derived solids to settle or accumulate and floatable grease derived materials to rise and accumulate.
(b) Removal of any accumulated grease and solids as required, but at intervals of not longer than 30 days at the user’s expense, or in accordance with a valid program modification or other director’s requirements.
(c) Operate and maintain the grease interceptor to achieve and consistently maintain fats, oils, and grease in the interceptor.
(d) External underground grease interceptors shall be used unless a variance is granted.
(e) The use of biological or other additives as a grease degradation or conditioning agent is permissible only upon prior written approval of the director. The use of automatic grease removal systems is permissible only upon prior written approval of the director.
(f) The director may make determinations of grease interceptor adequacy need, design, appropriateness, application, location, modification(s), and conditional usage based on review of all relevant information regarding grease interceptor performance, facility site and building plan review by all regulatory reviewing agencies and may require repairs to, or modification or replacement of grease interceptors.
(g) All FSEs must have a permit setting forth terms and conditions of compliance with this section and the FOG policy. Permit fees are required as set forth in § 52.81.
(2) The user shall maintain a written record of grease interceptor maintenance for three years in form and with information required by the FOG policy. Records will be available for inspection by the director at all times and shall include but are not limited to:
(a) FSE name and physical location;
(b) Date and time of grease interceptor service;
(c) Name of grease interceptor service company;
(d) Established service frequency and type of service: Full pumpout, partial pumpout, on-site treatment (type of nature of operations);
(e) Number and size of each grease interceptor serviced at FSE location;
(f) Approximated amount, per best professional judgement of contract service provider, of grease and solids removed from each grease interceptor;
(g) Destination of removed wastes, food solids, and wastewater disposal;
(h) Signature and date of FSE and grease hauler confirming service completion;
(i) Such other information as required by director.
(3) Access manholes shall have an installed diameter of 24 inches, a maximum weight of 50 pounds, and shall be provided over each chamber, interior baffle wall, and each sanitary tee. The access penetrations, commonly referred to as “risers” into the grease interceptor shall also be, at a minimum, 24 inches in diameter. 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.
(4) A user may request a modification or variance to the following requirements of this ordinance. Such request for a variance shall be in writing and shall provide the information set forth below along with any other information required by the FOG policy.
(a) The user’s grease interceptor pumping frequency, maintenance, or service procedures. The director may modify the 30-day grease interceptor pump out frequency or other service procedures when the user provides data, and performance criteria relative to the overall effectiveness of a proposed alternate and such can be substantiated by the director.
(b) External underground interceptor. If conditions exist on the establishment site that limit the ability to locate an external underground grease interceptor, the user may request a variance for interior location for the interceptor. Such request shall explain the facts justifying the interior location and suggested ways to accomplish the goals of the ordinance codified herein. The user shall set forth the location of county sewer main and easement in relation to available exterior space outside building along with the existing plumbing layout at or in a site.
(c) Any variance must be approved by the director in written form before implementation by the user or the user’s designated service provider along with any special terms and conditions. The user shall pay variance fees as set forth in the fee schedule.
(D) Fines and reinspection fees. In addition to any fine or penalty authorized by the County Code and applicable law (including but not limited to EPA’s Streamlining Rule, S.C. Code Ann. Regs. 61-9), the director may impose fines upon violators of this section and the FOG policy for amounts set forth in § 52.81. Violators are also responsible for all remediation and clean-up costs. Failure to comply with the provisions of this code, may ultimately result in the termination of water and sewer service.
(E) FOG policy. Through the ordinance codified herein, York County Council adopts the FOG policy, which may contain requirements and enforcement mechanisms in addition to those provided in the ordinance codified herein. The director is authorized to amend the FOG policy, provided that any major amendments shall be approved by County council.
(F) Notwithstanding the fees and penalties described in division (D) and the FOG policy, York County may enforce the FOG ordinance and recover damages resulting from non-compliance through any means available in law or in equity.
(Ord. 119, passed 1-7-19)