Chapter 13.13
FATS, OILS, AND GREASE CONTROL
Sections:
13.13.030 FOG Program Participation Required
13.13.040 FOG Program Prohibitions
13.13.060 FOG Control Device Implementation Requirements and Maintenance
13.13.065 Significant Changes in Facility Operations
13.13.080 Compliance and Penalties
13.13.010 Purpose
The purpose of this chapter is:
A. To prevent interference with wastewater treatment and to prevent blockages and obstructions of the sanitary sewer system due to contributions and accumulation of fats, oils, and greases ("FOG") from, including, but not limited to, commercial, industrial, and/or institutional facilities, which engage in, among other things, the preparation, processing, packaging, and/or serving of food.
B. To require FOG dischargers to prepare a FOG management plan.
C. To require FOG dischargers to control FOG discharge through installation of FOG control devices and through use of best management practices.
D. To require FOG dischargers to perform maintenance and reporting on FOG control devices and best management practices. (Ord. 1391 § 1, 2023)
13.13.020 Definitions
A. "Best management practices (BMPs)" means methods or techniques found to be the most effective in achieving an objective such as preventing or minimizing pollution. In this chapter, BMPs refer to methods and techniques used by food service establishments and food manufacturers/processors and other facilities that may have an impact on the sewer system by the deposition of FOG, to prevent or minimize the deposition of fats, oils, and grease from cooking, baking, processing, manufacturing, and other processes in private sewer laterals and public sewer lines, structures, and wastewater treatment facilities.
B. "Fats, oils, and greases (FOG)" means 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 CFR Section 136, as amended. FOG may also be referred to herein as "grease" or "greases."
C. "FOG discharger" means a food service establishment, food manufacturer/processor, or any other nonresidential user who discharges FOG to the sewer system.
D. "Food manufacturer/processor (FM/P)" means those manufacturing facilities primarily engaged in manufacturing and/or processing food, either for human or nonhuman (pets, livestock, etc.) consumption. Manufacturers and/or processors include, but are not limited to, dairies; creameries; slaughterhouse, meat processing, and packing facilities; industrial bakeries; condiment producers; salad dressing producers; cooking oil facilities; canning facilities; and any other commercial/industrial facility that discharges FOG into the sewer system.
E. "Food service establishments (FSE)" means those establishments engaged in the activity of preparing, serving, or otherwise making food available for consumption by the public, which use one (1) or more of the following preparation methods: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, infrared heating, searing, barbecuing, and any other method of food preparation that produces or may produce hot, nondrinkable food products in or on a receptacle that requires washing. These establishments include, but are not limited to, restaurants, bakeries, commercial kitchens, caterers, hotels, schools, religious institutions, hospitals, prisons, correctional facilities, and care institutions.
F. "Grease trap" means a device for separating and retaining waterborne greases and grease complexes prior to the exit of the wastewater from the trap and the entry of such wastewater into the sanitary sewer system. Such traps are typically under-the-sink units that are near food preparation areas but could include other types of grease trap units.
G. "Grease interceptor" means a structure or device designed for the purpose of removing and preventing fats, oils, and grease from entering the sanitary sewer system. These devices are often belowground units in outside areas and are built as two (2) or three (3) chamber baffled tanks but could include other types of interceptors.
H. "Sewer system" means a system for collecting, conveying, and treating sewage. The system may include private sewer laterals, public sewer lines, manholes, other structures, and wastewater treatment facilities.
I. "Wastewater treatment plant (WWTP)" means a facility where contaminants are removed from wastewater or sewage, and are converted into an effluent that can be returned to the environment with minimal impact.
J. "Sanitary sewer overflow (SSO)" means a condition in which untreated sewage is discharged from a sanitary sewer into the environment prior to reaching sewage treatment facilities.
K. "User" means any person or entity, including those located outside the jurisdictional limits of the City, who contributes, causes, or permits the contribution or discharge of wastewater into the City’s sewer system, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater. (Ord. 1391 § 1, 2023)
13.13.030 FOG Program Participation Required
This chapter applies to all FSEs and FM/Ps discharging FOG into the City’s sanitary sewer system:
A. No FSE or FM/P shall discharge any substance of any kind into any portion of the City’s wastewater system except in accordance with a BMP program which has been approved by the Public Works Director, City Building Official or designee in writing.
B. No FSE or FM/P shall discharge any substance of any kind into any portion of the wastewater system which is not in conformance with the BMP program for that FSE or FM/P.
C. The City shall, from time to time, establish the minimum standards for the content of a BMP program. (Ord. 1391 § 1, 2023)
13.13.040 FOG Program Prohibitions
The following prohibitions apply to all FSEs or FM/Ps discharging FOG into the City’s sanitary sewer system:
A. No installation of food grinders in a plumbing or sewage system in any new construction or renovation of a structure designed to house an FSE or FM/P;
B. No discharge of any wastewater containing FOG into a wastewater system except in compliance with the BMP program for that facility;
C. No introduction of any additives into the wastewater system for the purpose of emulsifying FOG or biologically or chemically treating any substance introduced into any wastewater facility for purpose of treatment or pretreatment of wastewater, unless a specific written authorization by the Public Works Director, City Building Official or designee is obtained;
D. No discharge of wastewater at temperatures in excess of one hundred forty (140) degrees Fahrenheit to any grease interceptor or grease trap;
E. No operation of grease interceptors if the unit has accumulated waste, both FOG and food solids, accounting for twenty-five (25) percent or more of its wetted depth measured from the static water level to the interior tank bottom, with FOG and solids accumulation exceeding twenty-five (25) percent of the total operating depth of the grease interceptor; and
F. No discharge of any FOG or any other solid materials that are removed from the grease control device to the wastewater system. (Ord. 1391 § 1, 2023)
13.13.050 FOG Management Plan
A. FOG Management Plan. All FSEs and FM/Ps are required to submit a FOG management plan for review and approval by the City. A FOG management plan describes an FSE’s or FM/P’s operations and required plans to control the discharge of FOG from their facility into the City’s sewer system.
1. New Facilities. New FSEs and FM/Ps shall submit their FOG management plan either before submitting their building permit application or with their building permit application.
2. Tenant Improvement (TI) Applicants. For a change in use, TI applicants shall submit their FOG management plan with their TI application. For a change in owner, the TI applicants shall submit their FOG management plan within twenty-four (24) months of the date the ordinance codified in this chapter becomes effective.
3. Existing Facilities. Existing FSEs and FM/Ps shall submit a FOG management plan within twelve (12) months of the date the ordinance codified in this chapter becomes effective.
B. Fog Management Plan Contents. The City will provide printed forms for a FOG management plan indicating the information to be furnished by the user. The City shall establish administrative guidelines and application forms necessary to establish the following:
1. Type of use.
2. Contact information for users.
3. Likely FOG impact.
4. Proposed BMPs and FOG control devices.
C. Each FSE and FM/P shall implement and document BMPs, which at a minimum shall include:
1. Training. Explain that fats, oils and grease (FOG) are a problem when washed down drains, because they can clog the sewers and create overflows, which can impact public health, water ways, and the environment, and can also result in expensive fines and cleanup costs.
2. Signage. Post proper disposal of fats, oils and grease best management practices (BMPs) signs above sinks and, if possible, on the front of dishwashers.
3. Proper Water Temperature. Use mild water temperatures (one hundred twenty (120) to one hundred forty (140) degrees Fahrenheit) in all sinks. This is especially important in pre-rinse sinks that are used prior to mechanical dishwashers. Never pour greases, oils, oily sauces, syrups, or dressing down the drain. Never "hot flush" oils or grease down sinks or drains.
4. Drain Screens. Install/use removable drain screens in all sink drains (floor sink drains, kitchen sinks, mop sinks and hand sinks) to capture solid materials. The screen openings should be one-eighth (1/8) to three-sixteenths (3/16) inch and removable to make the screen easy to clean.
Adding a second screen can help prevent solid materials from entering the sewer when cleaning the first screen. Scrape dishes and pans or "dry wipe" before putting them in the dishwasher. Place food scraps from dishes into garbage receptacles and dispose of properly.
5. Clean Hood Filters. Clean exhaust hood filters in sinks, not outside. This prevents pollutants from entering the environment.
6. Recycling. Recycle used cooking oil and grease by collecting and storing in a recycling barrel or bin. Contact a reputable grease hauler to ensure proper disposal of fats, oils, and grease.
7. Spills. Block off sinks and floor drains near any FOG-related spill and clean using absorbent materials, such as absorbent sweep or paper towels. Place used absorbent materials in plastic bags before placing in the trash. Outdoor spills should be cleaned with absorbent sweep, then bagged and properly disposed of in the dumpster. Prevent grease overflows from entering a storm drain by using dirt or another substance until all grease is cleaned up.
8. Grease Removal Devices Maintenance. Regularly service grease interceptors and grease traps. Use only licensed waste haulers. Witness all cleaning and maintenance of outdoor grease interceptors to ensure the device is properly serviced. Grease interceptors should be cleaned and pumped at least every ninety (90) days at minimum, or more often depending on the use. Manual indoor grease traps should be cleaned weekly at minimum, or daily depending on the use of BMPs, number of customers and type of food served. Clean indoor automatic grease traps daily. Do not pour chemicals or additives into the grease interceptor. (Ord. 1391 § 1, 2023)
13.13.060 FOG Control Device Implementation Requirements and Maintenance
A. A property owner of a structure intended to be used as an FSE or FM/P and determined by the Public Works Director to have a reasonable potential to discharge wastewater containing more than one hundred (100) mg/l FOG to the City’s sewer system shall be notified of the obligation to install a grease interceptor, except as provided for in subsection J of this section. The grease interceptor must comply with all conditions as set forth in the most recent edition of the State of Arizona Plumbing Code.
B. Property owners of any structure occupied by more than one (1) FSE or FM/P shall be held jointly and severally liable with the owner of each FSE or FM/P served by any grease interceptor or any grease trap for the:
1. Servicing and maintenance of that grease interceptor or grease trap by the City; and
2. Servicing and maintenance of any wastewater facility located downstream from said structure to remove accumulations of FOG.
In the event that the owner of an FSE or FM/P or the owner of any structure in which an FSE or FM/P is located is found to have contributed to the partial or complete obstruction of a wastewater system resulting from the discharge of wastewater or waste containing FOG and the City is required to act to control a public health hazard caused by the blockage, the owners shall be required to reimburse the City for all costs of abating such condition. In situations when multiple owners are identified as contributing to FOG causing such obstruction, the Public Works Director or designee will apportion the cost of the cleanup, maintenance or repair costs on a prorated basis, based on each owner’s percentage share of the average total sanitary sewer charges for all such owners.
C. If an FSE or FM/P or the owner of structures occupied by one (1) or more FSEs or FM/Ps is identified as introducing FOG into any portion of the City wastewater system, and that FOG, in whole or in combination with other FOG contributors, is responsible for causing the City to clean a portion of the wastewater system more than twice in one (1) year, the Public Works Director, City Building Official or designee may require installation of a grease interceptor or other FOG control device within one hundred eighty (180) days of notification.
D. The owner of the FSE or FM/P and the owner of the structure in which it is located shall be responsible for the maintenance and routine cleaning of grease interceptors and any other FOG control device. This includes the proper removal and disposal by appropriate means of the captured material. If maintenance is not performed by personnel under the direct control and direction of any such owner, it shall be performed by currently licensed waste disposal haulers. The entire contents of the grease interceptor must be removed during every cleaning. All waste removed from each grease interceptor or trap must be disposed of properly at an appropriate facility designed to receive grease interceptor or trap waste. No grease interceptor or trap waste shall be discharged into any City sanitary or storm sewer system.
The twenty-five (25) percent rule shall be followed, which requires that the depth of the oil and grease in a trap (floating and settled) shall be less than twenty-five (25) percent of the total operating depth of the trap. The operating depth of a trap is determined by measuring the internal depth from the outlet water elevation to the bottom of the trap. Maintenance of indoor and outdoor grease traps shall be performed as frequently as necessary to ensure compliance with the twenty-five (25) percent rule and protect the sanitary sewer system against the accumulation of FOG. Inspection and/or sampling may be required by the City to continue use of the sanitary sewers.
E. At a minimum, the maintenance process shall include monthly inspection of outdoor grease traps and inspection of indoor grease traps every two (2) weeks to include the following:
1. Complete removal of all grease interceptor or trap contents rather than skimming the top grease layer;
2. Thorough cleaning of the grease interceptor or trap to remove grease and scum from inner walls and baffles;
3. Fill clean interceptor or trap with cold potable water.
4. Complete waste hauler’s section of the grease disposal manifest form and deliver to waste disposal site along with the grease interceptor or trap waste.
5. Top skim, decant, or back-flush of the grease interceptor or trap or its contents for the purpose of reducing the volume of waste to be hauled is prohibited. Vehicles capable of separating water from grease shall not discharge separated water into the grease trap or into the wastewater collection system.
F. FSEs which operate infrequently or only for special events may request a modification to the maintenance schedule specified above. The Public Works Director, City Building Official or designee may authorize a maintenance frequency related to the operation of the FSE. The user shall submit a request for a modified maintenance schedule which includes all details of operation for the Director to review.
G. The user shall be responsible for retaining records of the maintenance of grease interceptors and traps including manifests, permits, permit applications, correspondence, and sampling data, as well as a maintenance log. This maintenance log shall include:
1. Facility name, address, contact person, phone number;
2. Company name, address, phone number, and contact name of person performing maintenance, cleaning, pumping, or repair of FOG control devices;
3. Types of maintenance performed, including volume of waste removed, waste hauler, and disposal site of waste;
4. Dates of maintenance performed;
5. Date of next scheduled maintenance;
6. Copies of manifests.
These records shall be kept on site at the location of the grease interceptor or trap for a period of at least three (3) years and are subject to review by the City without prior notification.
H. The user shall submit the maintenance logs to the WWTP lead operator biannually (within thirty (30) days of July 1st and December 31st) to:
City of Winslow
ATTN: Lead Operator, WWTP
3140 Santa Fe Dr.
Winslow, AZ 86047
I. The WWTP personnel will perform periodic inspections of these facilities and shall notify the user of any additional required maintenance or repairs. Upon written notification by the WWTP personnel, the user shall be required to perform the maintenance and provide the records of said maintenance within fourteen (14) calendar days.
Upon inspection by the WWTP personnel, the user may be required to install, at the owner’s expense, additional controls to provide a complete system which prevents discharges of undesirable materials into the wastewater collection system.
J. If the owner of any FSE or FM/P or of any structure in which an FSE or FM/P is located or is to be located demonstrates to the reasonable satisfaction of the Public Works Director, City Building Official or designee that installation of a grease interceptor is not feasible, the Public Works Director, City Building Official or designee may grant an exception in writing, allowing such owner to install grease traps or other alternative treatment technology which will, in his or her discretion, adequately control the release of FOG from the FSE or FM/P or the structure into the wastewater system. The FSE or FM/P bears the burden of demonstrating that the installation of a grease interceptor is not feasible. The request for an exemption shall include the following information if relevant:
1. Evidence of a lack of available exterior space necessary to place an interceptor relative to the location of sewer main and easement;
2. Evidence of a lack of adequate slope for gravity flow between kitchen plumbing fixtures in the FSE or FM/P and the wastewater system;
3. Description and specifications of the alternative grease control equipment that will be installed;
4. Evidence that the size, available seating or type of food preparation does not generate any significant volume of FOG. (Ord. 1391 § 1, 2023)
13.13.065 Significant Changes in Facility Operations*
An FSE or FM/P shall notify the Public Works Director prior to any significant changes in the operation of their facility including the following:
A. Grease control equipment upgrades;
B. For an FSE, increases in seating capacity of twenty (20) percent or greater of that reported in the current FOG management plan;
C. For an FM/P, sustained increases in production quantity of twenty (20) percent or greater of that reported in the current FOG management plan; or
D. Changes in menu selections and/or food service production processes that increase FOG discharge by twenty (20) percent or more. (Ord. 1391 § 1, 2023)
* Editor’s note: Ord. 1391 adds this section as 13.13.060. It has been editorially renumbered to prevent duplication of numbering.
13.13.070 Facility Closure
A. An FSE or FM/P with a grease interceptor shall notify the Director forty-five (45) days in advance whenever the FSE or FM/P closes for business and is subsequently:
1. Razed or demolished;
2. Remodeled such that the grease interceptor will not be used; or
3. Replaced with a type of business that will not utilize the grease interceptor.
The reason for this notification is to delete the FOG control device from the City’s inventory database.
B. A facility that closes for business shall properly demolish or abandon their grease interceptor so as to prevent a safety hazard, unless the grease interceptor will be used by a new property owner or occupant. (Ord. 1391 § 1, 2023)
13.13.080 Compliance and Penalties
A. Compliance. FSE and FM/P that implement and document a FOG management plan and perform and document required maintenance will be considered to be in full compliance with this code.
B. Disconnection. The City may disconnect water and sewer service to the FSE or FM/P, and to the structure in which the FSE or FM/P is located, at any time if there is reasonable concern of damage to the system to ensure safe operation of its sanitary sewer system. The City shall endeavor to provide reasonable notice prior to termination of services depending on the emergency nature of action required to abate the dangerous condition.
C. Corrective Actions, Abatement, and Penalties. If an FSE or FM/P, or the owner of a structure in which an FSE or FM/P is located, is found to not be in full compliance with this code within one (1) year of the effective date of this chapter, the City may:
1. Impose a fine each day until the owner demonstrates that the FSE or FM/P or structure is in compliance with this code.
2. Recover all costs of abating obstructions or SSO if FOG is introduced into any wastewater system resulting in an obstruction or SSO.
3. Require the FSE or FM/P to install additional FOG equipment as necessary to resolve the problem and/or change the sewer rate class of the FSE or FM/P to reflect the presence of the excessive FOG contribution by the FSE or FM/P.
4. Refer the matter to the City Prosecutor for possible enforcement action. The City Prosecutor may, at his or her election, move to enjoin the violation, recover costs of abatement, or charge the violator with a Class 3 misdemeanor, punishable in accordance with State law. Each and every day any such violation continues shall be deemed and considered a separate offense. (Ord. 1391 § 1, 2023)