HomeMy WebLinkAbout08871ORDINANCE NO. 8871
AN ORDINANCE AMENDING TITLE XVI OF THE PUEBLO
MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER
RELATING TO THE GREASE AND OIL MANAGEMENT
PROGRAM, IMPLEMENTING THE REQUIREMENTS OF
SUCH PROGRAM AND PROVIDING PENALTIES FOR THE
VIOLATION OF ITS PROVISIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Title XVI of the Pueblo Municipal Code is amended by the addition of the following new
Chapter 8 to read as follows:
\[CHAPTER 8 – Industrial Cost Recovery System\]
CHAPTER 8 – Grease and Oil Management Program
Sec. 16-8-1. Abbreviations and Definitions
(a) or mean a schedule of
Best Management Practices BMP
activities, prohibitions of practices, maintenance procedures and other
management practices to implement the prohibitions listed in 40 C.F.R. §
403.5(a)(1) and (b). Prohibitions and maintenance procedures for food and
engine service facilities are set forth in Section 16-8-3 of this Chapter.
(b) means any non-domestic facility which
Engine Service Facility
repairs, services or cleans vehicles, machinery or any type of motorized
equipment that requires petroleum based lubricants for operation and
which may introduce sand and oil into the wastewater collection system.
Facilities shall include, but are not limited to: car washes, automotive
workshops, gasoline and diesel service stations, machine shops, repair
garages and boat repair shops.
(c) means any non-domestic facility which
Food Service Facility
prepares and/or packages food or beverages for sale or consumption, on
or off the premises and which may introduce grease into the wastewater
collection system. Food service facilities shall include, but are not limited
to:”food handling establishments” as defined in Chapter 4 of Title IX even
when located in a residence, food courts, food manufacturers, food
packagers, restaurants, grocery stores, bakeries, taverns and all food
facilities located within hospitals, hotels, motels, bed and breakfasts,
nursing homes, churches, clubs and fraternal organizations, schools and
other facilities that prepare, service or otherwise make foods for
consumption.
(d) means a device which shreds or grinds up
Garbage Disposal
food and putrescible waste materials into smaller portions for discharge
into the City’s wastewater collection system.
(e) means any City employee assigned to duties in
GMP Official
the City’s grease management program and designated as a GMP Official
by the Wastewater Director.
(f) means all of the liquid contained in a grease
Gray water
interceptor within the layer below the floating grease layer and above the
food solids layer.
(g) means a material, either liquid or solid, composed
Grease
primarily of fat, oil and grease, and compounds and derivations thereof,
from animal or vegetable sources. The terms “fats, oils and grease”,
“FOG”, “oil and grease” or “oil and grease substances” shall all be
included within this definition.
(h) shall mean any person who collects the
Grease Hauler
contents of a grease interceptor, grease trap or sand interceptor and
transports it to an approved recycling or disposal facility.
(i) means a device usually located outside of a
Grease Interceptor
food service facility, which is designed to collect, contain or remove food
wastes and grease from the wastestream of a food service facility while
allowing the gray water to discharge to the City’s wastewater collection
system.
(j) means a device located inside a food service
Grease Trap
facility or under a sink designed to collect, contain or remove food wastes
and grease from the wastestream in a food service facility while allowing
the gray water to discharge to the wastewater collection system.
(k) or means the current version of plumbing
Plumbing Code PC
code and appendices thereto, as adopted by the City, as provided in
Chapter 4 of Title IV, as amended.
(l) means a device to collect, contain, or remove
Sand Interceptor
sand, sediment and similar waste material, in addition to any oily or greasy
residual wastes contained therein from any engine service facility.
(m) means any hydrocarbon or petroleum product
Sand and Oil
and sand, grit, gravel or any other aggregate. The terms “petroleum, oils
and grease”, “POG” or “oil, sand and sediment” shall be included within
this definition.
(n) means any receptacle used to store
Waste Grease Container
liquid waste grease or oils.
Sec. 16-8-2. Purpose and Applicability
(a) The purposes of this Chapter are:
(1) To prevent the introduction of excessive amounts of
grease, sand and oil into the City’s wastewater collection system in
amounts that, alone or in combination with other discharges, have
the potential to disrupt flows in the wastewater collection system or
cause interference or pass through in the city’s water reclamation
facility;
(2) To prevent clogging or blocking of the City’s wastewater
collection system which may result in backups or sewer overflows
upon streets, or within buildings, resulting in expensive clean up
costs and potential health risks;
(3) To establish administrative review procedures and
reporting requirements; and
(4) To establish enforcement procedures for violations of
any part or requirement of this Chapter.
(b) The provisions of this Chapter shall be applicable to all
existing food and engine service facilities that are located within the
corporate boundaries of the City of Pueblo and to all food and engine
service facilities that commence operations within said boundaries on or
after the effective date of this Chapter. The provisions of this Chapter shall
also apply to all grease haulers which provide service to any food and
engine service facility located within the City of Pueblo, regardless of
where the grease hauler may have its principal place of business.
(c) The requirements of this Chapter shall further apply to
persons outside the City who are, by contract or agreement with the City,
users of the City’s Wastewater collection system including Blende
Sanitation District or other sanitation district. Any such district shall adopt
any necessary rules and regulations to assure compliance with and
enforcement of the requirements of this Chapter.
Sec. 16-8-3. Best Management Practices
(a) Food Service Facility
(1) All food service facilities shall comply with the following
Best Management Practices in an effort to minimize the discharge of
grease into the City’s wastewater collection system:
Employee training shall be provided as part of the
a.
normal orientation process and annually thereafter including,
at a minimum, the following subjects:
1. How to scrape excess food into the garbage
and “dry wipe” pots, pans, dishware and work areas
before washing to remove grease.
2. How to capture accumulated oil during the
cleaning of stoves and ventilation exhaust hoods and
dispose in a waste grease container.
3. Methods on how to dispose of liquid grease
or oils from cooking equipment into a waste grease
container without spilling.
4. The location, use and disposal of
absorption products to clean any spills under fryer
baskets and other locations where grease may be
spilled or dripped.
Training shall be documented and employee
b.
signatures retained indicating each employee’s attendance
and understanding of the practices reviewed. Training records
shall be made available for review at any time by the GMP
official.
(2) Drain screens shall be installed on all drainage pipes in
food preparation areas.
(3) “No Grease” signs shall be posted above sinks and on
the front of dishwashers.
(4) All liquid oil and grease shall be poured into a waste
grease container where it can be recycled or disposed of properly in
accordance with Federal, State and local regulations.
(5) Food wastes shall be disposed of directly into the trash
or garbage and not in the drain. In-sink garbage disposal units shall
not be installed in any food service facility. The City discourages the
continued use of existing in-sink garbage disposal units, as these
can increase the introduction of grease into the City’s wastewater
collection system. However, if used, garbage disposal units must be
connected to a grease trap or grease interceptor. Garbage disposal
units shall not be used for disposal of any food wastes that can be
disposed as solid waste.
(b) Engine Service Facility BMPs
(1) All engine service facilities shall comply with the
following Best Management Practices in an effort to minimize the
discharge of oil, sand and sediment into the City’s wastewater
collection system:
a. Employee training shall be provided as part of the
normal orientation process and annually thereafter and shall
include, at a minimum, the following subjects:
1. How to sweep floors prior to floor wash
down to ensure there is no excessive oil or sand
entering the City’s wastewater collection system.
2. The location, use, and disposal of
absorption products to clean any spills (washing spills
into drains is prohibited); and
3. How to properly dispose of oils and other
wastes into designated containers without spilling. At
no time shall any oils or hazardous wastes be poured
directly into the sand/oil interceptor.
b. Training shall be documented and employee
signatures retained indicating each employee’s attendance
and understanding of the practices reviewed. Training records
shall be made available for review at any reasonable time by
the GMP official.
(2) Funnels or pumps shall be used to transfer automotive
or other commercial or industrial fluids and chemicals, oil and like
substances.
(3) Drip pans or containers shall be kept under the vehicles
at all times during maintenance. Drip pans or containers shall be
kept under stored or out of service vehicles awaiting restoration or
service if leakage is suspected.
(4) Spent or spilled automotive or other commercial or
industrial fluids and chemicals, oils and like substances shall not be
washed down a drain that is tied to the City’s wastewater collection
system.
(5) Dry cleanup methods shall be used to clean spills of
automotive or other commercial or industrial fluids and chemicals,
oils and like substances. Absorbent materials shall be available for
dry cleanup.
(6) No wastewater, fluids or other substances from
commercial and industrial operations containing hazardous wastes,
heavy metals, or other prohibited discharge shall enter the
interceptor or any drain tied to the City’s wastewater collection
system.
(7) Signs shall be posted in process areas with floor drains
and above sinks prohibiting the discharge of oil and other chemical
waste down the drains.
Sec. 16-8-4. General Requirements for Grease Interceptors and Sand
Interceptors
(a) All food service facilities shall have one or more adequately
sized grease interceptors. All engine service facilities shall have one or
more adequately sized sand interceptors. The requirements in this Chapter
are in addition to any applicable requirements of the Plumbing and
Building Codes and, to the extent of any conflict, supersede the
requirements of the Plumbing and Building Codes.
(1) Food and engine service facilities which are newly
proposed or expanded, and existing structures which will be
renovated to include a food or engine service facility, where such
facility did not previously exist shall be required to install, operate
and maintain one or more grease interceptors or sand interceptors in
accordance with the requirements contained in Sections 16-8-4 and
16-8-5 of this Chapter. The required device shall be installed prior to
issuance of the certificate of occupancy.
(2) With respect to the general and technical requirements
set forth in Sections 16-8-4 and 16-8-5 of this Chapter, all food and
engine service facilities existing within the City prior to the effective
date of this Chapter shall be allowed to operate and maintain existing
grease interceptors, grease traps, and sand interceptors, provided
such devices are functioning and in proper operating condition, and
provided the facility has not been issued a written order pursuant to
Subsection (a)(3) of this Section.
(3) The GMP official may, by written order issued pursuant
to Section 16-8-9 of this Chapter, require an existing food or engine
service facility to install, operate and maintain a new grease
interceptor or sand interceptor that complies with the requirements
of this Chapter, or to modify or repair any noncompliant plumbing or
existing grease trap, grease interceptor or sand interceptor. The
GMP official may issue such order upon any of the following basis:
a. The facility is found to be contributing grease or
sand and oil in quantities sufficient to cause sewer line
clogging or necessitate increased maintenance on the
wastewater collection system;
b. The facility has an undersized, inoperable or
defective grease trap, grease interceptor or sand interceptor;
c. Proposed renovation of the facility’s plumbing
system which will introduce or permit the introduction of
excessive amounts of grease or sand and oil into the City’s
wastewater system;
d. The facility has failed to implement or otherwise
comply with the BMPs set forth in Section 16-8-3 of this
Chapter; or
e. There has been a sale, transfer or conveyance of
ownership of the existing food or engine service facility.
Sec. 16-8-5. Technical Requirements for Grease Interceptors and Sand
Interceptors
Grease interceptors and sand interceptors shall have a
(a)
minimum of two (2) compartments and shall be capable of separation and
retention of grease and storage of settled solids. Interceptor design shall
conform with the requirements of the Plumbing Code. A control manhole
over each compartment for monitoring purposes shall be required and
installed at the owner/operators sole expense. Covers shall have a gas
tight fit. The interceptor shall be designed, constructed and installed for the
calculated loading. Flow control devices shall be required where the water
flow through the interceptor may exceed its rated flow. Interceptors shall
be installed in a location outside the building which provides easy access
at all times for inspections, cleaning and proper maintenance, including
pumping.
Grease interceptors and sand interceptors shall be vented in
(b)
accordance with the Plumbing Code. The vent shall terminate not less than
six (6) inches above the flood-rim level or in accordance with the
manufacturers’ instructions.
Grease interceptor and sand interceptor capacity calculations
(c)
shall be performed by the food or engine service facility based on size and
type of operation according to the formula contained in the Plumbing Code.
Where sufficient capacity cannot be achieved with a single unit, installation
of interceptors in series is required.
16-8-6. Maintenance, Record Keeping and Inspections
(a) Maintenance.
(1) Each food and engine service facility shall be
responsible for the costs of installing, inspecting, pumping, cleaning
and maintenance of a grease interceptor or sand interceptor.
Pumping services and disposal shall include the complete removal
of all contents, including floating materials, wastewater and bottom
sludges and solids. Cleaning shall include scraping excessive
solids from the walls, floors, baffles and all pipe work. It shall be the
responsibility of each facility to inspect its grease interceptor, or
sand interceptors during the pumping procedure to ensure that it is
properly cleaned and that all internal fittings and fixtures are in
working condition and functioning properly. The solids, grease, and
sand shall be disposed of in a solid waste disposal facility
authorized to receive such waste or it may be recycled. No grease,
solid materials removed or sand and oil shall be returned to any
grease interceptor, sand interceptor, private sewer line, or to any
portion of the City’s wastewater collection system or the City Water
Reclamation Facility without prior written permission from the
Wastewater Department.
(2) Each food or engine service facility may contract with a
grease hauler who has been issued a permit by the City for cleaning
services or it may develop a written protocol and perform its own
cleaning and maintenance procedures.
(3) Each food and engine service facility shall have its
interceptor(s) pumped according to the following criteria for each
facility:
a. Food Service Facilities shall determine frequency
of pumping of its grease interceptor(s) according to the
following criteria;
1. Food service grease interceptors shall be
pumped no less than once per month; or
2. When the floatable grease layer exceeds six
inches (6”) in depth as measured by an approved
dipping method; or
3. When the settled solids layer exceeds eight
inches (8”) in depth as measured by an approved
dipping method; or
4. When the total volume of captured grease
and solid material displaces more than 20% of the
capacity of the interceptor as calculated using an
approved dipping method; or
5. When the interceptor is not
retaining/capturing oils and greases; or the removal
efficiency of the device, as determined through
sampling and analysis, is less than eighty percent
(80%).
b. Engine service facilities shall determine their
frequency of pumping according to the following criteria;
1. Sand interceptors shall be pumped no less
than once every quarter for truck washes, heavy
equipment washes, and commercial washes and no less
than once every year for all other users; or
2. If the total accumulation of solids, debris
and oil exceeds 25% of either the total capacity or 25%
of the capacity of any one chamber.
(4) Any chemicals, enzymes, emulsifies, live bacteria or
other grease cutters or additives used by a food or engine service
facility or the grease hauler must be approved by the Wastewater
Director prior to their use. MSDS sheets and manufacturer
instructions for use shall be submitted to the City together with a
written statement outlining the proposed use of the additive(s) by the
facility or grease hauler. Based upon the information received and
any other information obtained from the potential user or supplier,
the City shall allow or deny the use of the additive in writing.
Permission to use any specific additive may be withdrawn by the
City at any time. In no circumstance shall the use of additives alone
take the place of regular pumping and cleaning.
(b) Record Keeping.
(1) Each food and engine service facility shall keep
accurate records of all services performed on a grease and sand
interceptor including the identification of the person or persons
performing the services, the date and time of the cleaning,
maintenance, repairs or other services performed. The records shall
be available for inspection by the GMP official upon request.
(2) Each food and engine service facility shall submit a
semi-annual report to the City on a form provided by the City.
Reports shall be submitted on or before the last day of June and
December in each year. Each report shall record the number of
times a grease interceptor or sand interceptor has been cleaned
since the last report and shall indicate the volume of liquids and
solids removed on each occasion and the name and address of the
grease hauler. If a variance has been granted under Section 16-8-7
of this Chapter, the alternate cleaning frequency shall also be
reported. Each report shall also note any repairs that have been
made to a grease interceptor, or sand interceptor including the dates
that these repairs were made. Reports shall be submitted to the
Pretreatment Division of the Wastewater Department and shall be
deemed to be in violation of this requirement if they are received by
the City more than 30 days after the deadline for submission. All
maintenance records are required to be kept for a minimum of three
years.
(c) Inspections.
(1) The City may conduct inspections of any facility with or
without notice for the purpose of determining applicability and/or
compliance with any requirement of this Chapter.
(2) Inspection results will be provided in writing to the
facility.
Sec. 16-8-7. Variance.
(a) A conditional waiver of the requirements of a grease
interceptor or sand interceptor may be granted by the Wastewater Director
upon the following conditions:
(1) The food or engine service facility will have negligible
discharge of grease and sand and an insignificant impact to the
City’s wastewater collection system; or
(2) The installation of a grease interceptor or sand
interceptor is not feasible due to lack of adequate space or
inadequate slope.
(b) A variance may be granted from the requirements of a grease
interceptor to allow alternative pretreatment technology. Approval shall be
conditioned upon the facility establishing the proven removal efficiencies
of the proposed alternative pretreatment technology and reliability of
operations.
(c) A variance may be granted to the monthly and/or quarterly
pumping requirements contained in Subsection 16-8-6(a)(3) of this Chapter
where the facility establishes that an extended period will not result in the
grease or sand interceptors exceeding the limitations otherwise set forth
in Subsection 16-8-6(a)(3) of this Chapter. The City may require inspection
by a GMP official to document and verify same.
The applicant for any variance or waiver under this Section has the burden
of proof of demonstrating that it meets the conditions for any variance or
waiver. All such applications shall be in writing and shall be filed with the
Wastewater Director. A variance or waiver shall contain the terms and
conditions that serve as the basis for its issuance which shall include
compliance with all other requirements of this Chapter including applicable
BMPs set forth under Section 16-8-3 of this Chapter. A variance or waiver
may be revoked by the director at any time upon his or her determination
that any of the terms or conditions for its issuance is not satisfied or if the
conditions upon which the variance or waiver was based have changed so
that the justification for the variance or waiver no longer exists. The
variance or waiver shall be valid so long as the food or engine service
facility remains in compliance with the terms and conditions or until the
expiration date in the variance or waiver.
Sec. 16-8-8. Grease Hauler Businesses; Permits.
(a) Any person operating as a grease hauler shall obtain a permit
to conduct a septic waste business pursuant to the provisions of Chapter
10 of Title XVI of this Code and shall fully comply with the requirements
thereof.
(b) All septic waste businesses holding a valid permit under said
Chapter 10 may operate as grease haulers without payment of an additional
permit fee.
Sec. 16-8-9. Enforcement.
(a) The GMP official is authorized and empowered to administer
and enforce this Chapter with authority to issue to any person in violation
of any provision of this Chapter a notice of violation and order to correct.
An appeal of such notice and order may be taken by filing with the
Wastewater Director a written appeal specifying the grounds for appeal.
Any such appeal must be filed within fourteen (14) days of service of the
notice and order. Upon timely filing of an appeal, the GMP official shall
transmit to the Wastewater Director all papers constituting the record upon
which the action appealed was taken. The Wastewater Director shall fix a
date and time for the hearing of the appeal, give ten (10) days’ notice
thereof to the parties in interest, and decide the same within a reasonable
time.
(b) It shall be unlawful and a class 1 municipal offense for any
person:
(1) To knowingly obstruct, hinder or interfere with any GMP
official or other employee of the Wastewater Department acting
under color of his or her official authority, in the discharge or
apparent discharge of his or her duties, by means of physical force
or violence, or by threats of imminent physical force or violence;
(2) To fail to make, maintain or produce on demand any
record required to be kept as required by this Chapter; or
(3) To fail to install, repair, maintain, clean, or operate any
grease interceptor or sand interceptor as required by this Chapter.
(c) It shall be unlawful and a class 1 municipal offense for any
person served with a notice and order issued by the GMP official pursuant
to Section 16-8-9(a) of this Chapter to fail to comply with the order within
the time specified in the order. Failure to comply with an order of the GMP
official as herein provided constitutes a separate and independent violation
in addition to and not in substitution of any other violation of the
provisions of this Chapter. It shall be an affirmative defense to a violation
of this Subsection (c) that the order has been duly and timely appealed to
the Wastewater Director, and the Wastewater Director has reversed or
modified the order after notice and hearing.
SECTION 2.
The officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures
described herein.
SECTION 3.
If any provision of this Ordinance shall be determined to be invalid, inoperative or
unenforceable, such determination shall not affect any other provision or provisions of
this Ordinance or render same invalid, inoperative or unenforceable to any extent
whatsoever.
SECTION 4.
This Ordinance shall become effective one year after final passage and approval.
INTRODUCED: _ March 23, 2015
BY: Ed Brown
PASSED AND APPROVED: May 26, 2015
City Clerk’s Office Item # R-1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 23, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Gene Michael, Wastewater Director
SUBJECT:
AN ORDINANCE AMENDING TITLE XVI OF THE PUEBLO MUNICIPAL
CODE BY THE ADDITION OF A NEW CHAPTER RELATING TO
GREASE AND OIL MANAGEMENT PROGRAM, IMPLEMENTING THE
REQUIREMENTS OF SUCH PROGRAM AND PROVIDING PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS
SUMMARY:
Attached is an Ordinance amending Title XVI of the Pueblo Municipal Code by the
addition of a new chapter relating to Grease and Oil Management Program, a program
designed to prevent the introduction of excessive amounts of fats, oils, grease and sand
that can interfere with the City’s wastewater system. This program will require
businesses to maintain grease and sand separation devices, establish administrative
review procedures and reporting requirements, and establish enforcement procedures
for violations.
PREVIOUS COUNCIL ACTION:
The Grease and Oil Management Program was presented at a Council work session on
December 22, 2014.
BACKGROUND:
The Wastewater Department has developed the Grease and Oil Management Program
as a proactive response to prevent the introduction of excessive fats, oils, grease and
sand to the wastewater system, potentially causing system failures that can lead to
contamination or damage to our community. Since 2010, 40 percent of blockages in the
City’s sanitary sewer system have been attributed to some form of fats, oils and grease.
This program will give clear and specific guidance for the proper disposal of fats, oils,
grease and sand and for proper maintenance of grease and sand interceptors. It will
also implement an inspection program to verify that grease and sand interceptors are
being properly maintained.
FINANCIAL IMPLICATIONS:
The proposed program will require the City to add one additional staff member in 2016
to facilitate the program. The 2016 cost of salary, benefits, and equipment for the new
position is estimated at $75,750.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
Owners of food service and engine service facilities are the primary stakeholders
affected by this Grease and Oil Management program. There were nine stakeholder
meetings held during the months of January and February 2015. The meeting times
and dates were communicated to the stakeholder community by means of a letter that
went out in late December 2015 to stakeholders, an article published in the Pueblo
Chieftain on January 5, 2015, and postings to the City’s Wastewater Department
website and Facebook page. The meetings were attended by only nine stakeholders in
the community.
ALTERNATIVES:
The no action alternative will continue the present condition of sanitary sewer blockages
caused by the accumulation of fats, oil, grease, and sand in the s. These
sanitary sewer
blockages may result in sewage backups into private homes and businesses or in
sanitary sewer overflows. These conditions place public health and the environment at
risk, consume the time of the sanitary sewer maintenance staff, and create the potential
for enforcement actions by state and federal authorities that carry maximum fines of
$35,000 a day per day of violation.
A voluntary program was implemented in 2005 – 2006. The Wastewater Department
provided training in Best Management Practices for food service facility staff at no cost,
as well as providing free posters and training videos to food service facilities in both
English and Spanish. A total of 15 people attended the training sessions, representing
five food service facilities. After the first month, participation in the program by food
service facilities ended.
The proposed alternative will allow the Wastewater Department staff to resurrect an
inspection program to ensure that the system is protected. The
sanitary sewer
City/county Health Department performed grease interceptor inspection at one time, but
discontinued such inspections due to budget restrictions. At present there is no
program in place that ensures proper maintenance of interceptor devices, without which
such devices do not perform their intended function and instead allow fats, oil, grease,
and sand to flow into the s.
sanitary sewer
RECOMMENDATION:
The Wastewater Department recommends approval of this Ordinance.
Attachments:
Summary of FOG related Blockages and Backups