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HomeMy WebLinkAboutORD 01-042 ORDINANCE NO. 01-042 ENTITLED AN ORDINANCE AMENDING CHAPTER28,ARTICLE III, TO ADD SECTION 28-57, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT, REQUIRING ALL FOOD PREPARATION/FOOD SERVICE ESTABLISHMENTS TO PROPERLY MAINTAIN THEIR GREASE TRAPS AND SEPARATORS, AND ALL COMMERCIAL/INDUSTRIAL ESTABLISHMENTS TO PROPERLY MAINTAIN THEIR GRIT TRAPS AND INTERCEPTORS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Article III, Section 28, of the Code of Ordinances of the City of Beaumont be amended to add Section 28-57, requiring all food preparation/food service establishments to properly maintain their grease traps and separators, and all commercial/industrial establishments to properly maintain their grit traps and interceptors and the same is hereby amended to read as follows: ARTICLE III SECTION 28-57 GREASE AND GRIT TRAPS Section 28-57.1. Purpose The purpose of this ordinance is: A) To prevent the introduction of wastewaters containing oil and grease and/or solids in amounts which may cause stoppages or obstruction of flow, or in any other way prevent or inhibit operation of the Publicly Owned Treatment Works (POTW), including the sanitary sewer collection system and the treatment plant. B)To protect the environment, and the health, safety, and welfare of the public and the POTW workers. C) Set forth uniform requirements for the maintenance of grease traps, grit traps, interceptors, and separators. Section 28-57.2. Definitions Biochemical Oxygen Demand (BOD) - The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius. Bioremediation Media - Bacterial cultures, enzymes, or other media which are designed to eliminate or reduce the need for the mechanical cleaning of grease traps. City or The City - the City of Beaumont, Texas, or its authorized representative, which, for the purposes of implementation and enforcement of the grease and grit trap program, shall normally mean representatives of Water Utilities. Commercial Grease Generator-All commercial food preparation and food service establishments that may discharge grease including, but not limited to bakeries, caterers, butcher shops, cafes, clubhouses, delicatessens, hospitals, hotels, restaurants, schools, institutions, or similar places where meat, poultry, seafood, dairy products, fried foods or other foods are prepared or served, but shall not apply to any residence not used for the commercial preparation and sale of food items or to an exempt establishment. Commercial/Industrial Grit Generator - All commercial or industrial generators of liquid waste containing petroleum-based oil and grease wastes, and inorganic solids including, but not limited to automotive or heavy machinery repair and/orwashing facilities. Those facilities monitored under the City of Beaumont's federally and state approved Pretreatment Program shall be exempted from the provisions of this ordinance. Exempt Establishment - A commercial establishment that: 1) Operates for a maximum duration often(10)days in connection with an annual event such as a fair, carnival, circus, public exhibition, or other public gathering; 2) Sells or serves prepackaged or precooked foods that would require warming only or served without additional processing, no cooking; 3) Serves only snow cones, drinks, or ice cream products; 4) Bars and clubs serving drinks only and where no food is prepared; 5) Produce markets without food grinders; 6) Grocery or convenience stores without food preparation, meat cutting, or packaging, delicatessens, or bakeries; 7) Day care centers who primarily serve microwave dishes, using single service items. Food - Any substance, whether solid or liquid, and whether animal, vegetable, or fruit origin, intended to be used or commonly used as a food for human consumption. Food Establishment-Any place where food is manufactured, packaged, produced, processed, prepared, or served for commercial, public, or facility resident consumption. The term includes any such place regardless of whether there is a charge for the food. The term does not include private homes where food is prepared for individual family consumption. Generator-A person who causes creates, generates, stores, or otherwise produces liquid waste or owns property upon which liquid waste is caused, created, generated, stored, or produced, including but not limited to grease trap waste, grit trap waste, and food waste as a by-product of a domestic or non-domestic activity other than merely as a result of mere residence at a nonbusiness location. "Generator" as used in this ordinance includes both a commercial grease generator and a commercial/industrial grit generator. Grease Trap -A receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect, and restrict the passage or organic, inorganic, greasy or fatty liquid, semi-liquid, and/or solid wastes into both public and private sanitary sewers to which the receptacle is directly or indirectly connected. Grease Trap Waste - Any organic, inorganic, greasy or fatty liquid, semi-liquid, and/or solid wastes collected by and ultimately removed from a grease trap for proper disposal. Grit Trap - A receptacle utilized by commercial or industrial generators of liquid waste to intercept, collect, and restrict the passage of petroleum-based oil and grease wastes and inorganic or other solids into private and public sanitary sewers to which the receptacle is directly or indirectly connected. Grit Trap Waste - Oil and grease wastes and inorganic solids generated by commercial, industrial, automotive or heavy machinery repair and/or washing facilities that are collected by and ultimately removed from a grit trap for disposal. Manager - The person in charge of Water Utilities for the City of Beaumont, or his/her authorized representative which includes any person appointed by the Manager from any City department. Manifest - The written, multi-part documentation detailing the generator of the grease trap waste, who the transporter is, and the disposal facility for the waste. POTW - Publicly Owned Treatment Works as defined in 40 CFR Section 403.3, including any amendments thereto; the municipal wastewater treatment system including the sanitary sewer system. Sampling Port or Sample Well - An approved device or manhole installed in the facility sewer specifically designed to facilitate sampling of the wastewater discharge. Sanitary Sewer - System of pipes, conduit, and treatment facilities owned or operated by the City which collect, transport, and treat sanitary sewage, and to which storm, surface, and ground waters are not intentionally or normally admitted. Separator Truck - A truck equipped with a tank or other liquid holding container designed to separate the grease portion from the waste removed from a grease trap and to return the other liquid portion to the trap. Total Suspended Solids -The total suspended matter that floats on the surface of or is suspended in water, wastewater, or other liquid, and which is removed by laboratory filtering. Water Quality Administrator - The person in charge of the City of Beaumont's approved Pretreatment Program. Section 28-57.3. Prohibitions A) It shall be unlawful for a generator to introduce, or cause to be introduced, into a grease or grit trap or public sanitary sewer the following: 1) A generator shall not allow any frying vats to discharge into a grease trap, grit trap, or sanitary sewer or allow waste oil or grease to discharge to any drain or grease trap, grit trap, separator, interceptor, or sanitary sewer. Such waste shall be placed in a container specifically designed to hold such waste and either utilized by industry or disposed of at a suitable location; 2) A generator shall not discharge or cause to be discharged plastics, paper, non biodegradable oils or other non biodegradable materials; 3) Any wastewaters with an oil and grease level in excess of 200 mg/1 or ppm. B) It shall be unlawful for a generator to divert wastewater around a collection point into the sanitary sewer or to a storm drainage system. C) The use of separator trucks to pump grease traps and return the liquid portion to the grease trap is prohibited. Section 28-57.4. Responsibilities of Generator A) A generator shall provide grease traps or grit traps when, in the opinion of the Water Quality Administrator, they are necessary for the proper handling of wastewater. Appeals of the decision of the Water Quality Administrator shall be handled as provided for other appeals under 28-57.6 (C) hereof. B) Grease and grit traps shall be constructed to prevent fats, oils, or greases from entering the sanitary sewer in concentrations greater than 200 mg/I and shall be located so that they are easily accessible for cleaning, maintenance, and inspection. The installation of grease traps or grit traps shall comply with the requirements of the City's plumbing code. C) A generator shall properly install a sample port or sample well for ease in sampling the wastewater discharge from the grease or grit trap. Sample ports shall meet the following criteria: 1) The sample port shall be installed and maintained at the generator's expense; 2) The sample port shall be installed as close as possible to the connection to the City sanitary sewer main within the bounds of the facility property; 3) The port shall be installed according to the specifications obtained from City of Beaumont Water Utilities. It shall be installed perpendicular to the effluent flow to allow visual observation and sampling; 4) The port shall be accessible for monitoring authorities; 5) Newfacilities being constructed shall have the sample port installed before opening for business. Established generators must install a sample port within six (6) months of approval of this ordinance; 6) Exempt establishments may be required to install a sample port for inspection purposes. D) A generator of grease trap or grit trap waste shall have the trap serviced as frequently as necessary to prevent bypass or overflow, and to insure proper operation of the trap. Such generators, at a minimum, shall have the grease or grit trap cleaned once every three (3) months. E) If the City determines that quarterly cleaning of a grease or grit trap is not sufficient to prevent the discharge of oil and grease in quantities less than 200 mg/I the City will require more frequent cleaning of the grease trap. F) A manifest shall be generated every time the grease or grit trap is pumped or cleaned. The generator shall sign a copy of the manifest as well as the driver. It shall be the responsibility of the generator to insure they receive a copy of the manifest from the hauler after the grease or grit trap has been cleaned and that they receive a final copy of the manifest after the waste has been disposed of at the final disposal site and the disposal facility has signed the manifest. A copy of the completed manifest shall be sent to City of Beaumont Water Utilities every time the facility's grease or grit trap is serviced. The manifest must be submitted within twenty-one (21) days of the servicing of the trap. G) The generator shall keep copies of the completed grease or grit trap waste manifests for three (3) years. H) A generator shall have his trap serviced by a transporter having a valid registration with the State of Texas. 1) Grease and grit traps shall be inspected for seepage into the surrounding media whenever the trap has been pumped. The generator shall repair, replace, or install apparatus and equipment as necessary to ensure the proper operation and function of the trap. J) A generator shall supervise the servicing of their grease or grit traps and shall ensure they are completely emptied by the transporter during such servicing. The transporter shall not return any material to the grease or grit trap once the trap has been cleaned. K) A generator shall clean up or cause to be cleaned up all spills of liquid or solid waste and shall have the waste properly disposed of by the transporter. L) A generator that is located in a multi-user building maybe required to separate sanitary sewer flows from adjacent sites and install a water submeterto measure individual water consumption or utilize some other method approved by the Water Quality Administrator or his designee. M) The cost of complying with all sections of this Ordinance shall be the responsibility of the property owner and their lessees. These costs include but are not limited to any maintenance, analysis, grease or grit trap cleaning, repair, replacement, or modification, and installation of sample wells or ports. Section 28-57.5. Bioremediation A) It shall be unlawful for any generator to introduce, cause, or permit the introduction of any bioremediation media into a grease trap except as authorized by the Water Quality Administrator. B) Bioremediation media may be used with the Water Quality Administrator's approval if a generator proves to the Water Quality Administrator's satisfaction that: 1) The media will be a pure, live, bacterial product and will not contain any surfactants, emulsifiers, or substances which act as a solvent for fats, oils, or greases; 2) The amount of oil and grease discharged to the sanitary sewer after the use of the media will not exceed the discharge limits for oil and grease of 200 mg/I; 3) The pH of the discharge will not be less than 6.0 or greater than 11.0; 4) The use of the media will not reduce the buoyancy of the grease layer in the grease trap and will not increase the potential of oil and grease to be discharged to the sanitary sewer; 5) The media will not be destroyed by the use of domestic or commercial disinfectants and detergents or hot water; 6) Anywaste pumped from the grease or grit trap after use of the media must be acceptable at disposal sites for the waste; 7) The use of the bioremediation media will not cause foaming in the sanitary sewer. Section 28-57.6. Request for Exemption from the Regulations in Section 28-57. A) If Generator believes that quarterly pumping of their grease or grit trap is not justified that Generator must request in writing an exemption to the requirement. To qualify for the exemption the Generator must: 1) Have an independent laboratory sample and analyze a monthly grab wastewater discharge sample for oil and grease; 2) The samples shall be collected from the sample port or well; 3) When analyzed the oil and grease must be less than 200 mg/I. B) If a Generator believes that they do not need a grease or grit trap and do not fall into any of the exempted categories they must submit to the Water Quality Administrator the following information to prove their exemption: 1) The name, address, and telephone number of the business; 2) The name of the manager or other contact at the business; 3) A description of the business; 4) The type, size, and maintenance schedules of any wastewater pretreatment devices; 5) The names of all haulers of any waste and recycled products who have hauled from the business in the previous year; 6) A statement of whether employees are trained in waste disposal practices; 7) A plan showing the locations of all water and sewer connections, fixtures, sample ports, backflow prevention devices, and any other treatment devices; 8) A copy of all printed menus if it is an eating establishment; 9) A description of any changes planned to the structure; 10) Any planned significant changes to the user's operation or system which might alter the nature, quality, or volume of its wastewater; 11) A statement as to why the Generator believes it qualifies for an exemption; 12) Any other information as may be deemed necessary by the Water Quality Administrator to evaluate the wastewater discharge. C) The Water Quality Administrator shall make a decision in regard to all requests. Should the Generator disagree with the decision of the Water Quality Administrator, the Generator may appeal such decision in writing within five (5) days after the written decision of the Water Quality Administrator. The appeal shall be to the Water Utilities Manager and shall include any evidence the Generator wishes to provide to prove that the required pumping of grease or grit traps is not necessary. The decision of the Water Utilities Manager shall be final. Section 28-57.7. Monitoring and Surcharges for BOD/TSS Concentrations A) Generators shall, once a year, submit to the Water Utilities Division, an analytical report documenting the BOD and TSS concentration discharged to the sanitary sewer. Samples will not be taken within one week of having the grease or grit trap cleaned, exceptions shall be granted if the trap is being pumped out on a weekly basis. B) The sampling and analysis shall be performed by an independent laboratory according to the requirements of 40 CFR Part 136. C) All wastewater samples must be representative of the generator's discharge. D) If the generator's discharge shows either or both of the following characteristics, then the generator shall be subject to a surcharge as implemented by the City: 1) A BOD concentration greater than 250 mg/I; 2) A TSS concentration greater than 300 mg/l. E) Representatives of Water Utilities may also sample a generator's facility at any reasonable time. Section 28-57.8. Right of Entry, Inspection, and Sampling A) It shall be unlawful for a generator to refuse to allow the Water Quality Administrator or their authorized representative to enter their premises during business hours to determine whether the generator is complying with all the requirements of this Ordinance. A generator shall allow the Water Quality Administrator or their authorized representative access to all parts of the premises for the purposes of inspection, sampling, records examination, copying, and the performance of all other duties. B) If the Water Quality Administrator or their authorized representative has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe there may be a violation of this Ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this Ordinance, to protect the overall public health, safety, and welfare of the community, or to protect the wastewater collection system or POTW, then the Water Quality Administrator may seek issuance of a search warrant from any court of competent jurisdiction. Section 28-57.9. Penalties A) If the City determines that a generator is responsible for a blockage of a collection system line the generator shall owe a civil penalty of $500.00 for the first violation, $1000.00 for the second violation, and $1500.00 for the third violation within a two-year period. Continuous violations shall result in an increase in penalty by$500.00 and may also result in termination of services. The determination shall be made by inspecting the grease or grit traps in the area, noting their condition, and taking wastewater discharge samples from the sample ports. Those facilities which have discharges with an oil and grease above 300 mg/L, or have not had their grease or grit traps pumped out quarterly, (or the documentation to prove the pumping of the grease or grit trap was not necessary) shall be considered responsible for the blockage. B) Any person violating any of the provisions of this Ordinance shall be subject to a written warning for the first violation, a $500.00 civil penalty for the second violation, a $1,000.00 civil penalty for the third violation, and a $1,500.00 civil penalty for the fourth violation -within a two-year period. Consistent violations will result in a $500.00 increase in civil penalty and may result in termination of services. C) The Water Quality Administrator may suspend water service and/or wastewater service to a generator to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or causes interference to the POTW and/or the sanitary sewer system. Service may also be suspended if the generator refuses to abide by this ordinance or pay any penalty issued. D) If a Generator is penalized, they may file a written appeal to the Water Utilities Manager. The appeal must include evidence proving that the Generator did not violate the ordinance and the appeal must be filed within five (5) City working days of the Generator receiving the penalty. The decision of the Water Utilities Manager shall be final. Section 28-57.10. The technical standards set out in this ordinance shall be automatically adjusted to conform to any amendment to state or federal law which changes such standards. The technical standards applicable to Generators in the City of Beaumont shall always be the same as the standards for such Generators established by state or federal law. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Section 5. This ordinance shall be effective from and after July 1, 2001. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of June, 2001. - Mayor -