City of Brandon: Ordinance #605
______ ORDINANCE #605 ______
PROCLAMATION #2020-01
Proclamation #2020-01 was presented declaring the month of May 2020 as Building Safety Month in Brandon, SD.
AN ORDINANCE OF THE CITY OF BRANDON, SD, AMENDING CHAPTER 14-41-117 GREASE, OIL, AND SAND TRAPS
BE IT ORDAINED BY THE CITY COUNCIL OF BRANDON, SD, THAT CHAPTER 14-41-117 IS HEREBY AMENDED TO INCLUDE THE FOLLOWING:
14-41-117 GREASE, OIL, AND SAND TRAPS
• Grease, oil and sand interceptors shall be installed, at the owner’s expense, when necessary for the proper handling of liquid wastes containing floating grease in excessive amounts, or oil, sand, or other harmful items. Such businesses include, but are not limited to car and truck washes, restaurants, auto repair shops, and parking facilities with floor drains. Interceptors shall be of the type, size and capacity recommended by the Uniform Plumbing Code, and updates thereto, and shall be in a location approved by the City. The owner shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal, which are subject to review by the City. Any removal and hauling of the collected materials not performed by the owner’s personnel must be performed by currently licensed waste disposal firms. Nothing in this section waives any requirements in Division 3 of this Chapter applying to pretreatment permits or requirements pertaining to other permits or licenses such as liquid waste hauler licenses.
• Definitions. Best Management Practices (BMPs) means schedules of activities, prohibition of practices, maintenance procedures, and other management practices implemented including but not limited to practices to control site run-off, drainage from raw material storage, spills or leaks, and any other waste disposal.
Brown Grease means floatable fats, oils, grease, settled solids, and associated wastewater retained by grease interceptors and grease traps.
Bypass means the intentional diversion of wastestreams.
Contributor means any person, firm or corporation, except a significant industrial user, owning, renting or operating any lot, parcel of real estate or buildings where liquid or solid waste or sewage is produced which is discharged to the sewer system of the City.
Debris means something that has been broken into pieces such as garbage, trash and/or waste.
Domestic Strength means wastewater which has a total suspended solids (TSS) concentration less than three hundred parts per million (300mg/L), a five-day biochemical oxygen demand (BOD concentration less than two hundred fifty parts per million (250 mg/L), and a fats, oil and grease (FOG concentration less than one hundred parts per million (100mg/L).
Drain Fixture Unit means any drain/fixture that has the potential of carrying grease or introducing grease into the drainage or sewage system.
Fats, oil and grease (FOG) means fats, oil and/or grease present in a contributor discharge measurable by standard laboratory extraction, results are expressed in milligrams per liter.
Food Service Establishment (FSE) means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for, taken out, or consumed on property by customers, or prepared prior to being delivered to another location for consumption.
Grease Interceptor means an outside underground tank that separates and retains brown grease and solids from the wastewater before it discharges in to the sewer.
Grease Trap means inside, under-the-sink units, floor traps, and outdoor floor traps that separates and retains brown grease and solids from the wastewater before it discharges in to the sewer.
Hauler means a transporter of FOG that is licensed by the state of South Dakota and approved by the City.
Illicit discharge means any discharge into the City’s storm sewer system prohibited by the City.
National Pollutant Discharge Elimination Permit (NPDES) is a program that controls water pollution by regulating point sources that discharge pollutants into waters of the United States.
Sanitary Sewer Overflow (SSO) means an episodic unintentional discharge causing but not limited to blockages, line breaks, and sewer defects that potentially may result in contamination of stormwater or groundwater.
Shall is mandatory. May is permissive.
Surcharge Strength means any discharge which has a total suspended solids (TSS) concentration greater than twelve hundred parts per million (1200 mg/L), a five-day biochemical oxygen demand (BOD) concentration greater than two thousand parts per million (2000 mg/L), or a fats, oil and grease (FOG) concentration greater than four hundred parts per million (400 mg/L).
Uniform Plumbing Code means a model code developed by the International Association of Plumbing and Mechanical Officials (IAPMO) to govern the installation and inspection of plumbing systems as a means of promoting the public’s health, safety and welfare.
Yellow Grease means inedible, unadulterated, animal and vegetable-based fats, oils, and grease produced and removed by a food service establishment. • Fats, Oil and Grease (FOG) Program • Program description • The Fats, Oil and Grease (FOG) Program will reduce sanitary sewer overflows and blockages thus protecting public health and the environment by minimizing exposure to unsanitary conditions. The program will also extend the life of sewer lines and reduce sewer line maintenance required as a result of these blockages. • Program control will allow for an increase in sewer system efficiency, reduce sewer line blockages and overflows; ultimately minimize the impact on public activities and reduce maintenance costs.
• The program will require all FSEs to have a scheduled annual inspection unless otherwise deemed necessary by the City.
• The City reserves the right to conduct an inspection of any Contributor or FSE at any reasonable time with or without advanced notice for compliance. • General Requirements • Equipment • The Uniform Plumbing Code sets forth all requirements for a FOG disposal system to be upheld by all FSEs that discharge, directly or indirectly, to the public sewer system. The FSE must install, operate, and maintain grease control equipment. Every FSE shall obtain prior approval of type, size, and location of said equipment from the City Engineer.
• Each FOG control mechanism shall be located as close as practical to the fixtures they serve.
• No grease trap shall have the capacity of less than twenty (20) gallons per min (gpm) or more than fifty-five (55) gpm, if necessary additional units may be required in tandem or in series to address loading and/or flow volumes. • An FSE with four or fewer drain fixtures units and that of a small volume discharge may install a grease trap, with the understanding that if the nature of their business is that of a heavy FOG generator they shall be required, by the City Engineer, to install consecutive units or an interceptor. • An FSE with more than four drain fixture units and that of a medium to large volume discharge shall install an outdoor grease interceptor, unless otherwise determined not necessary by the director.
• Each interceptor shall have a minimum of two (2) compartments. The first compartment shall be two-thirds (2/3) of the total capacity of the interceptor, and a minimum liquid volume of three hundred thirty-three (333) gallons. The minimum size of a grease interceptor for any qualified FSE shall be five hundred (500) gallons. • The compartments shall be separated by partitions or baffles that extend at least six (6) inches above the water level. • The inlet and outlet fittings shall be a baffle tee, or similar flow device, that extends at least four (4) inches above the water level to within twelve (12) inches off the bottom of the interceptor. The outlet tee out of the sample box shall extend at least six (6) inches below the water surface. • Flow between the separate compartments is through a baffle tee or bend that extends down to within twelve (12) inches off the bottom of the interceptor. • The liquid depth shall be greater than or equal to two feet six inches (2’-6”) and less than six feet (6’). • Each FOG control mechanism shall have an approved flow control or restricting device installed in a readily accessible and visible location. The flow device shall be designed so that the flow through the device(s) at no time exceeds the rated capacity of the FOG control mechanism. • All approved waste shall enter the FOG control mechanism through the inlet pipe only.
• Each FOG control mechanism shall be vented, in an approved manner to protect against siphonage and back-pressure, allowing for proper air circulation throughout the entire drain system. • The vent shall connect with the sanitary drainage vent system, and shall terminate through the roof of the building, and shall not terminate to the free atmosphere inside the building.
B. Additional Specifications:
• All dishwasher units piping shall be constructed such that they do not flow into a grease interceptor, unless there is an adequate cooling time between dishwasher unit and grease interceptor, adequate screening of the dishwasher discharge shall be required. • All waste/wash water in excess of 140 degrees F and dishwashers with a minimum temperature of 160 degrees F shall not be discharged to any grease trap. • Water jacketed FOG control mechanisms are prohibited. • All fixtures shall have screens to reduce the amount of food disposal waste products into the interceptor or trap. • Following approval by the City Engineer, a FSE that has demonstrated that they only require a grease trap, and operate a food waste disposal, shall be required to have a stand-alone grease trap for the food waste disposal. While sizing for an interceptor, all FSEs shall account for the additional food disposal waste products. • All FSEs which produce yellow grease shall recycle. All recycling shall be stored in an approved grease recycling container, which have tight-fitting lids and secondary containment, and shall be handled by a licensed recycling company. Small amounts of yellow grease may be disposed of in a landfill but may never be disposed of into the sanitary sewer. • All interceptors and/or traps shall be located where the equipment can be easily accessed for maintenance and clean out, no ladders or bulky equipment shall be needed to service an interceptor. • There shall be a minimum of one access point into each compartment of grease interceptor and no access point openings are greater than ten (10) feet apart. • Each access point opening shall be leak-resistant and can’t slide, rotate, or flip. • No grease interceptor is allowed to be installed in any part of a building where food is handled. • The location of an interceptor shall be shown on the approved building plans. • Plumbing fixtures conveying human waste shall not drain into or through the FOG control mechanism. • Interceptors shall be permanently and legibly marked with the manufacturer’s name or trademark, model number, and any other markings required by law. • Any slug discharge shall be reported to the director immediately; depending on the severity, a Notice of Violation and fine may be issued.
C. Pumping Frequency
• It is herein stated that the 25% rule shall be the mandated universal order for all contributors. The 25% rule is as follows, when a FOG control mechanism is sampled the sum of the grease layer and the solids layer shall never exceed 25% of the tank depth volume. This is done via physical inspection by the contributor through the use of a sludge judge.
• At a minimum, all grease traps shall be pumped out weekly. If it is found that this said schedule is insufficient to the nature of business, then one or more of the following may be required; more frequent clean outs of the existing equipment, modifications to the exiting equipment and/or the installation of a new control mechanisms. The City may grant the FSE a wavier if the FSE agrees to a 12-month inspection program.
• At a minimum, all grease interceptors shall be pumped and maintained every ninety (90) days or when the 25% rule is reached, whichever comes first. If it is found that this said schedule is insufficient to the nature of business, then one or more of the following may be required; more frequent pump outs of the existing equipment, modifications to the existing equipment and/or the installation of a new control mechanisms. The City may grant the FSE a wavier if the FSE agrees to a 12-month inspection program.
• If an FSE is required by decision of the City Engineer to install a new, modify or replace an existing FOG control mechanism, a compliance schedule for the required equipment shall be issued with a compliance timeline not to exceed 6 months from the issuance of the compliance schedule, unless otherwise requested and approved by the City Engineer.
• All FSEs shall be required to maintain onsite records retention of pumping manifests, to include volume of grease removed, for review and compliance determination.
• A submission of clean out report for grease traps shall be sent to the City Engineer every January 1st and July 1st. • A submission of a grease interceptor pumping report shall be sent to the City Engineer within ten (10) days of pumping. An FSE with a grease trap may maintain their own unit; however, an FSE with an interceptor shall have it pumped by a hauler licensed by the state of South Dakota and certified by the City.
• All FSEs shall be required to maintain a six (6) month domestic strength average FOG discharge concentration of less than one hundred (100) mg/L. • If an FSE is found discharging in excess of surcharge strength FOG of four hundred (400) mg/L grease concentration, in a six (6) month period, fines, penalties, and/or other punitive actions may be issued by the City Engineer. Dependent on the level of severity, additional equipment and/or increased pumping frequency may also be required by the City Engineer.
D. Internal Best Management Practices that FSEs are required to follow to prevent unnecessary fat, oil, grease, and solids from discharging into the sewer include but are not limited to:
• Initial and continued employee education. • Educational signage in appropriate areas. • Dispose of food wastes into trash receptacles.
• Scrape and “dry wipe” all pots, pans, plates, utensil, and other cooking necessities into trash receptacles prior to washing. • Strainers in sink and screens on floor drains to capture food solids, to be emptied into trash receptacles daily. • Sweep all floor debris for solid waste disposal prior to wash down. • Clean all mats and dispose of mop water through a utility sink that is connected to the FOG control mechanism. • Use of absorbent pads or other non-free flowing materials to clean up spills and leaks. • Clean all vents and hood regularly. • Clean exhaust systems regularly. • Use wash water temperatures less than 140 degrees F. • Use all (3) sink dishwashing system. • Recycle waste cooking oil, if available. • Adhere to a strict maintenance schedule for cleaning of FOG control mechanism. • Witness all maintenance/cleaning of FOG control mechanism. • Keep a maintenance log. • Locate all outdoor dumpster and recycle containers away from stormwater catch basins. • Cover outdoor grease and oil storage containers. • Do not clean equipment outdoors as the run-off would lead to the issuance of a Notice of Violation and fine for illicit discharge. • Do not use hot water, acids, caustics, solvents, degreasers, or emulsifying agents when cleaning FOG control mechanisms. • Do not pour FOG waste directly into the grease interceptor. • The addition of any bio-augmentation chemical to a FOG control mechanism is prohibited, unless approved by the City Engineer.
E. Hauler Responsibilities
• City approved haulers shall submit pump out reports monthly to the City Engineer. • No such collected grease shall be introduced into any drainage piping, public or private sewer, or stormwater inlet.
• All City approved haulers interested in serving the FSE community shall be given a copy of the City ordinance 14-41-117 and a copy of all FOG maintenance logs.
• A list of city approved haulers will be disseminated to the FSE community once annually.
• FOG maintenance logs shall be signed by the FSE and the licensed hauler to ensure liability.
• Any hauler or FSE found in violation of appropriately disposing of the wastes identified and regulated in this ordinance shall be subject to enforcement action including fines if applicable. • All pumping required by this ordinance shall be properly performed by a City approved hauler, any pumping done by a non-approved hauler will be considered null and void and may result in enforcement action.
F. Violations
Violations of any provision herein may result in a fine, penalty, and damages assessed through a court action, as well as termination of sewer services and/or a license to operate business in the City.
3. Authority of the City Engineer
• Initial notification, inspection and records review. • An initial notification letter will be sent to all FSEs that use the public sewer, directly or indirectly, to inform them of the Fats, Oil and Grease Program and the responsibilities and requirements herein.
• Annually an annual inspection letter shall be sent to all identified FSEs. It shall be the responsibility of the FSE to contract the Plumbing Inspector within ten (10) days of receipt of the annual inspection letter to set up an inspection and records review; failure to get in touch with the Plumbing Inspector shall result in an unscheduled inspection and records review. • A final inspection report will be sent to the FSE within thirty (30) days following an inspection.
• Any issues of non-compliance identified during the inspection will be summarized in the final inspection report. The FSE shall submit an explanation of the violations, a plan for the satisfactory correction of the violation and prevention of future similarly violations. The response shall include specific required actions, and specific compliance schedules and it shall be submitted in writing to the Plumbing Inspector within ten (10) days of receipt of final inspection report. • Any non-compliant inspections shall require a follow-up inspection within ninety (90) days of non-compliance response. • Sampling • It is recommended that a sample box be located at the outlet end of all interceptors for periodic effluent compliance sampling. • All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of “Standard Methods for the Examination of Water and Wastewater”, published by the American Public Health Association. • For grease interceptors the sample location shall be the outfall piping. • For grease traps the sampling location shall be the nearest upstream and downstream manholes in the sewer from the point at which the building sewer is connected.
• Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. • The particular analysis involved will determine whether a twenty-four-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. • Violations
• It shall be the duty of the City Engineer to enforce the provision of this chapter. • Whenever the City Engineer finds that any person has violated or is violating the provisions of this chapter, the City Engineer may serve upon said person written notice of the violation and the City Engineer may designate a compliance schedule for corrections of the violation. Within ten (10) days of service of this notice, an explanation of the violation and a plan for the satisfactory correction of the violation and prevention of future similar violations, including specific required actions and specific compliance schedules, shall be submitted in writing to the City Engineer. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice. Notwithstanding, the City may also pursue additional measures approved by the City Council to prosecute ordinance violations, commence a nuisance action, and/or pursue any other remedy available by law. • Any non-compliant inspection resulting in a SSO or illicit discharge traced back to the FSE may result in punitive damages and/or required modification to existing FOG control mechanism(s). • Blocking a sanitary sewer line is also a violation of the Federal Clean Water Act and may be subject to additional enforcement actions. A contributor identified as the cause of a sewer line blockage and/or SSO may be subject to cost recovery for damages incurred, to the City or to a third party. The contributor may also be responsible for all damages, costs and expenses, including attorney fees.
4. Categorization
Each FSE will be categorized as a Small, Medium or Large Contributor based different criteria determined by the City Engineer. • Other contributors operating, maintaining, or cleaning oil/water separators or settling pits for the intent of pollutant capture, or as identified, including but not limited to: hospitals, nursing homes, hotels, equipment manufacturers, schools, daycares, grocery stores, implement dealers/repair, maintenance garages/repair. • Additional treatment technologies shall be required, if deemed necessary, to all that apply within the category. This shall be at the discretion of the City Engineer, including but not limited to screen, grinder pump, catch basin, or strainer.
5. Closure/Foreclosure/Abandonment • All FSEs shall be required to complete the following appropriate steps in the event that a closure is imminent: • Notification to the City Engineer. • Complete system cleanout and capping in accordance with the Uniform Plumbing Code or as requested by the City Engineer.
• The proper cleanout procedure shall include pumping out the FOG control mechanism, jetting the line, and pumping the FOG control mechanism dry. • If circumstances arise which may lead to the demolition of the FSE building, with no intent to build new, the FSE will also be responsible for having a city approved hauler cap the existing FOG control mechanism to prevent backflow. • A letter of the clean out, once completed, shall be sent to the City Engineer. • A final inspection shall be completed by the Plumbing Inspector and a termination letter to file.
Adopted this 20th day of April, 2020. Paul Lundberg
Mayor
ATTEST:
Christina Smith
Finance Officer
First Reading: April 6, 2020
Second Reading: April 20, 2020
Publication: April 29, 2020
Effective Date: May 20, 2020
Published at the approximate cost of $205.69.
April 29, 2020
