Chapter 13.05
CONTROL OF FATS, OILS AND GREASE
Sections:
13.05.030 Powers and authority of the director and building official.
13.05.050 Grease capturing equipment – Requirements.
13.05.060 Grease capturing equipment –Installation and maintenance.
13.05.070 Grease capturing equipment – Required reporting.
13.05.010 Purpose.
This chapter contains the city’s requirements for the control of the discharge of fats, oils and grease to the city’s sewerage system. Large quantities of fats, oils and grease that are discharged from commercial and residential kitchens contribute to blockages in the city’s sewerage system. The resulting clogs in sewer pipes cost the city money each year in grease removal and sewer repair costs, and result in the overall degradation of the city’s sewer infrastructure.
The city utilizes a comprehensive pollution prevention program to keep fats, oils and grease out of the city’s sewer system, and remain compliant with the city’s current Clean Water Act national pollutant discharge elimination system (NPDES) permit. The city’s control of fats, oils and grease is intended to enhance its compliance with the Clean Water Act, and also reduce the potential for system back-ups in the sewer system.
The provisions in this chapter shall apply to all food processing establishments, food sales establishments, and food service establishments, commercial businesses, and any other facility (“facility”) that discharges fats, oils and grease to the sanitary sewer collection system and is located within the municipal boundaries of the city of Port Orchard sanitary sewer service area.
The objectives of the program are:
(1) To provide standards for the types of grease capturing equipment that must be installed by food service establishments to reduce fats, oils and grease discharges from local food service establishments into the city’s sewerage system;
(2) To provide for the effective long-term use of grease capturing equipment through related operational requirements and prohibitions, and periodic inspections;
(3) To increase opportunities for recovering both food solids (which can be composted) and waste grease (which can be recycled, and may also be able to be converted to biofuel) from wastewater discharge conveyances;
(4) To aid in preventing sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils and grease in the sanitary sewerage system;
(5) To prevent the uncontrolled introduction of fats, oils and grease into the sewage system that will interfere with its operation; and
(6) To facilitate city compliance with applicable federal and state laws regarding sewerage system operations. (Ord. 020-23 § 1 (Exh. A)).
13.05.020 Definitions.
The definitions provided in POMC 20.162.044 and the following definitions are applicable to the discharge and control of fats, oils and grease and shall apply to this chapter; provided, that, if there is a conflict between this chapter and POMC 20.162.044 as to a defined term, the definition set out in this chapter applies:
(1) “Best management practices (BMPs)” means operational activities, prohibitions, maintenance procedures, and other management activities that implement the requirements of this chapter, state and federal law, and city rules, regulations, permits or authorizations.
(2) Director. As used in this chapter, “director” shall refer to the director of public works, or any duly authorized delegate or agent of the director. Those portions of this chapter that invoke the plumbing code or other building improvements are delegated to the building official.
(3) “Facility” means any food processing establishment, food sales establishment, food service establishment, laundry, car wash, automotive fueling, commercial garage, quick-lube stations, auto detail, automotive and equipment repair, automotive service shop, businesses using steam or pressure washers, or any other business that routinely discharges fats, oils or grease into the sanitary sewer system as part of a business operation.
(4) “Fats, oils and grease (FOG)” means organic polar compounds derived from vegetable/plant or animal/dairy sources composed of long-chain triglycerides that are used in, or are byproducts of, the cooking or food preparation process. A wide range of food preparation activities, including but not limited to the following, can generate fats, oils or grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing, or any other food preparation activity that produces a hot food product in or on a receptacle that requires washing.
(5) “First certificate of occupancy” means a temporary certificate of occupancy or a certificate of final completion and occupancy, as defined in Chapter 20.200 POMC, whichever is issued first.
(6) “Food” means any raw, cooked, or processed edible substance, or ingredient used or intended for use or sale in whole or in part for consumption.
(7) “Food grinder” means any device in the plumbing or sewage system of the facility for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing in the sewer system.
(8) “Food processing establishment” means a commercial establishment in which food is manufactured or packaged for consumption.
(9) “Food sales establishment” means any retail and wholesale grocery stores, retail seafood stores, food processing establishment, bakeries, confectioneries, fruit, nuts and vegetable stores and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises.
(10) “Food service establishment (FSE)” means a nonresidential wastewater discharger that engages in activities of preparing, serving, or otherwise making available food for consumption by the public or on the premises, including restaurants, commercial kitchens, caterers, hotels and motels, schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other facility preparing and serving food for public consumption.
(11) “Governing agency” means the city of Port Orchard sanitary sewer utility, which provides sanitary sewer service to the facility.
(12) “Gravity grease interceptor (GGI/interceptor)” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and grease from a wastewater discharge and is identified primarily by gravity separation and a minimum total volume of 300 gallons.
(13) “Grease” means rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from preparing and/or cooking food.
(14) “Grease capturing equipment” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to separate fats, oils and grease from a wastewater discharge. Grease capturing equipment includes gravity grease interceptors, hydromechanical grease interceptors, grease removal devices and any other grease capturing equipment authorized by the utilities compliance specialist or the city.
(15) “Grease capturing equipment waste” means material collected in and from grease capturing equipment, including any solids resulting from dewatering processes.
(16) “Grease interceptor” means an appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and grease (FOG) from wastewater. There are two types of grease interceptors: gravity grease interceptors and hydromechanical grease interceptors.
(17) “Grease removal device (GRD/automatic grease removal device)” means any hydromechanical grease interceptor that automatically, mechanically removes nonpetroleum fats, oils and grease from the interceptor, the control of which is either automatic or manually initiated.
(18) “Hydromechanical grease interceptor (HGI/trap)” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils and grease from a wastewater discharge and is identified primarily by a design that incorporates hydromechanical separation. The design incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination or separately, and one of the following:
(a) External flow control, with air intake (vent), directly connected.
(b) External flow control, without air intake (vent), directly connected.
(c) Without external flow control, directly connected.
(d) Without external flow control, indirectly connected.
Sizing criteria set forth in the current adopted plumbing code. HGIs are generally installed inside.
(19) “Less-significant grease discharger” means a FSE that, in the process of preparing and making food available to the public or on the premises, generates FOG that is discharged into the city’s sewerage system, and has been determined by the city to pose a less significant risk of discharging FOG to the sewerage system.
(20) “Limited food preparation establishment” means a FSE that engages only in reheating, hot holding, or assembly of ready to eat food products.
(21) “Non-FSE FOG discharger (NFD)” means any establishment, such as a church, synagogue, worship hall, banquet facility, or meeting space, with a commercial-style kitchen that is used for preparing, serving, or otherwise making available for consumption foodstuffs in or on a receptacle that requires washing two days a week or less and that discharges to the sanitary sewer system.
(22) “Nonpolar” means any water or waste of petroleum or mineral origin which contains more than 100 parts per million by weight of fats, oils or grease as measured using analytical procedures established in 40 CFR Part 136.
(23) “Polar” means any water or waste of animal or vegetable origin which has visible fats, oils or grease floating on the surface or adhering to the sides of the sample containers.
(24) “Public sanitary sewer” means a sewer owned and operated by a governmental body or public utility in which all owners of abutting properties have equal rights of access in accordance with the provisions of this chapter, and which conveys wastewater through the sanitary sewer system.
(25) “Publicly owned treatment works (POTW)” means a treatment works which is owned by a municipality (as defined by Section 502(4) of the Clean Water Act), a state, an intermunicipal or interstate agency, or any department, agency, or instrumentality of the federal government. This definition includes any intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment. The wastewater treated by these facilities is generated by industrial, commercial, and domestic sources.
(26) “Remodel” means any modification to an existing facility that involves an expansion of the kitchen area or change in kitchen plumbing or drainage fixture units, as set forth in Chapter 20.200 POMC.
(27) “Rendering/disposal company” means a business that possesses a Kitsap County pumper certification.
(28) “Sanitary sewage” means domestic and commercial wastewater including flushed toilet water, water from dishwashers, clothes washing machines, and any other used water that generally is disposed of down interior drains.
(29) “Sanitary sewer system” means a conveyance, or system of conveyances, that is designed to convey domestic and commercial wastewater away from premises through a public sanitary sewer to a collection location for treatment by a governmental body or public utility.
(30) “Stormwater system” means facilities through which stormwater is collected, conveyed, or treated, including without limitation: inlets, conveyance pipes, pumping facilities, retention and detention basins, bio-infiltration facilities, drainage channels, or other drainage structures.
(31) “Twenty-five percent rule” means requirement for grease interceptor to be cleaned when 25 percent of its volume is occupied by accumulated grease and solids.
(32) “Uniform Plumbing Code (UPC)” governs the requirements for the installation, alteration, removal, replacement, repair, or construction of all plumbing, as adopted under Chapter 20.200 POMC.
(33) “User” means any person who contributes, causes, or permits the contribution of wastewater into the governing agency’s sanitary sewer system.
(34) “Utilities compliance specialist” means a designee of the director tasked with the enforcement of this chapter.
(35) “Wastewater” means liquid and water-carried industrial wastes and sanitary sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, institutions or any other premises, whether treated or untreated, which are contributed or conveyed through the public sanitary sewer. (Ord. 020-23 § 1 (Exh. A)).
13.05.030 Powers and authority of the director and building official.
(1) Administration. This chapter shall be administered by the director of public works or designee.
(2) Access to Facilities. The city shall have the right and access to set up on the food service establishment’s property any devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations. All food service establishments shall permit the public works director or duly appointed designee, utilities compliance specialist, and building official, with proper identification credentials, to enter upon any and all premises at all reasonable times for the purpose of inspection, observation, measurement, sampling and testing of the wastewater discharge for compliance with regulations regarding the control and elimination of fats, oils and grease from the city’s sanitary sewer system, including but not limited to inspections pursuant to the Uniform Plumbing Code Sections 1009.6 and 1014.1.2. No consent, warrant, or court order is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists.
(3) Director Discretion. In applying, interpreting, and enforcing this chapter, the director has the authority to impose additional conditions, to waive or alter the application of any requirement in any situation under the facts then existing, or to alter any performance required under this chapter where the director determines such departure is necessary to mitigate identified or potentially negative impacts to the sanitary sewer system or public health, safety, or welfare. This delegated authority is intended to operate concurrently with, and does not supersede or in any way alter, the authority vested in the city’s building official set out at Chapter 20.200 POMC. (Ord. 020-23 § 1 (Exh. A)).
13.05.040 Prohibitions.
The following shall be prohibited for any facility with a connection to the city’s sanitary sewer system:
(1) Disposal of fats, oils and grease or any food waste containing fats, oils and grease directly into drains leading/connected to the sewer system is prohibited. Disposal of waste cooking oil into sanitary sewer and drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly in drums or tallow bin for recycling or other acceptable methods of disposal.
(2) The direct addition into the grease waste line, or grease interceptor of enzymes, bacteria, chemicals, solvents, additives, or other agents designed to emulsify the grease compounds is prohibited. Any attempt to modify the trap into a biological reactor by adding bacterial or microbial agents is also prohibited.
(3) Discharges to the sanitary sewer system that include polar fats, oils and greases in amounts that cause a visible sheen in the discharge or in the public sewer system, a build-up of grease in any public sewer facility, or any water or waste which contains more than 100 parts per million by weight of nonpolar fats, oils and grease at the point where the wastewater is discharged from grease capturing equipment, as measured using analytical procedures established in 40 CFR Part 136.
(4) Installation of food grinders in the plumbing systems of a new food service, food sales, or food processing establishment is prohibited. If a food sales, food service, or food processing establishment is sold or leased, and the new owners must apply for a business license, they shall be required to remove the existing food grinder.
(5) Food grinders in existing food service establishments shall be removed or rendered permanently inoperative within 30 days of notification.
(6) Discharge of water closets, urinals, and other plumbing fixtures conveying human waste to or through any type of grease capturing equipment is prohibited.
(7) Discharge of wastewater with a temperature higher than 140 degrees Fahrenheit to or through a grease interceptor. (Ord. 020-23 § 1 (Exh. A)).
13.05.050 Grease capturing equipment – Requirements.
(1) General Requirements. All facilities, with the exception of limited food preparation establishments, shall install, operate, maintain and service grease capturing equipment and implement specified best management practices, in accordance with this chapter, any permits, authorizations, rules and regulations issued by the city in accordance with this chapter and applicable city building codes and regulations. The owner of a facility with one or more fats, oils or grease generating activities shall be responsible for the installation of grease capturing equipment. All grease capturing equipment shall be installed on the premises where fats, oils and grease are used or generated. These facilities are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of these regulations. The grease capturing equipment shall be adequate to separate and remove fats, oils and grease contained in wastewater discharges prior to the sanitary sewer system. All grease capturing equipment shall be installed in accordance with this chapter, any permits, authorizations, rules and regulations issued by the city, and applicable city building codes and regulations.
Facilities shall properly store and recycle or dispose of fats, oils and grease diverted from their liquid waste streams in accordance with all laws and regulations applicable to such storage, recycling and disposal. Facility kitchen fixtures connected to drainage pipes that lead to grease capturing equipment or sewer laterals shall have small-mesh food strainers that are intact and functional. Facilities shall ensure that all pots, pans, dishware and work areas are wiped prior to washing of such utensils, equipment or areas, and shall implement any other best management practices deemed appropriate by the city.
Facility wastewater dischargers must at all times comply with the provisions of this chapter, all other applicable local, state and federal laws, including, but not limited to, applicable provisions of the health code (Chapter 246-215 WAC) and building and plumbing codes, and applicable rules, regulations, permits and authorizations issued by the city.
(2) New Facilities. Newly proposed or constructed facilities, including tenant improvements that change the use classification to a food service establishment, food sales establishment, food processing establishment, or a new mixed-use development with the potential to generate fats, oils, and grease shall:
(a) Be required to install, operate, and maintain an approved type and adequately sized gravity grease interceptor to maintain compliance with the requirements as described in this chapter, and as necessary to prevent a condition of prohibited discharge; or
(b) A hydromechanical grease interceptor may be utilized instead of a gravity grease interceptor if it is demonstrated to the satisfaction of the director that the installation of a gravity grease interceptor is physically impracticable. For the purposes of this determination, “physically impracticable” shall include (i) the lack of available space on the premises, (ii) unavoidable interference from underground utilities or structures, or (iii) topographical conditions such as slope that unavoidably prevent installation of a gravity grease interceptor.
(c) A hydromechanical grease interceptor may be utilized instead of a gravity grease interceptor if the gravity grease interceptor sizing in the currently adopted plumbing code results in an interceptor volume (gallons) of 750 gallons or less.
(d) A separate gravity grease interceptor may be provided for each individual unit of a building structure that is proposed for, or could be potentially converted in the future into, a food service, food sales, or food processing establishment. The city may allow the separate gravity grease interceptors to be installed at a later date, when food service, food sales, or food processing establishments are added through tenant improvements; provided, that the side sewer lines leaving the building are designed to functionally accommodate the installation of future interceptors at accessible locations.
(e) One or more facilities may comply with the requirements of this chapter by use of a shared gravity grease interceptor; provided, however, that the food service establishment seeking to establish compliance by means of this section shall demonstrate to the satisfaction of the director that (i) it has enforceable rights to utilize shared gravity grease interceptor pursuant to an easement; declaration; covenants, conditions, and restrictions; or similar instrument; and (ii) the shared gravity grease interceptor is sized as necessary to accommodate the discharges of all food service establishments enjoying rights to use such interceptor; and (iii) there is a mechanism providing continued maintenance of such shared gravity grease interceptor.
(f) Any food service, food sales, or food processing establishment undertaking a remodel, as defined herein, will be reviewed, and may be considered a new facility for the purposes of this chapter.
(g) Implement best management practices to reduce the quantity of fats, oils and grease discharged to the sanitary sewer collection system.
(3) Existing Facilities. Existing facilities shall:
(a) Implement best management practices to reduce the quantity of fats, oils and grease discharged to the sanitary sewer collection system.
(b) Be permitted to operate and maintain existing grease interceptors; provided, that the equipment is properly sized and in efficient operating condition.
(c) Any facility not meeting subsection (2)(b) of this section is required to meet the currently adopted plumbing code if undertaking a remodel as defined in this chapter.
(d) Food service establishments (FSEs) shall install a properly sized and functioning grease interceptor designed to meet the grease control requirements in this chapter if the facility is known to cause a build-up of grease in any public sewer facility, is the result of a sanitary sewer overflow, or is otherwise causing a prohibited discharge. Installation must be completed within 180 calendar days from notification by the city.
(4) Permits. Site and building modifications needed to install a grease interceptor are subject to the permitting requirements of the city’s construction code (POMC Title 20), and other codes as applicable.
(5) Variance. A food service establishment may file a request to the city for a variance from the grease capturing or removal device installation requirements of this chapter if the FSE can demonstrate that it is not feasible for a grease capturing or removal device to be installed due to lack of physical space. The food service establishment requesting such a variance shall bear the burden of demonstrating that the installation of a grease capturing or removal device is not feasible. The determination as to whether a FSE qualifies for a variance for the reasons detailed in this subsection shall be at the sole discretion of the city. (Ord. 020-23 § 1 (Exh. A)).
13.05.060 Grease capturing equipment –Installation and maintenance.
(1) Installation Requirement. Any existing FSE or NFD without a functional grease removal system shall be required to install one. The type of grease capturing equipment required will be determined by the director, taking into account cost, available space and gradient, whether the user is in a grease impact area, and any other pertinent information. Where feasible, all kitchen drains and any other drains that may carry grease-laden waste shall be connected to this grease capturing equipment (except the dishwasher if a trap-style grease removal system is installed). If a trap-style grease removal system is installed, the kitchen shall not have a garbage disposal/garbage grinder/macerator or similar unit installed.
(2) Operation and Maintenance.
(a) Kitchen best management practices shall be implemented to minimize the discharge of fats, oils and grease to the sanitary sewer system and prevent non-stormwater discharges from entering the stormwater sewer system (as applicable):
(i) Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas.
(ii) Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.
(iii) Tallow bins or used waste oil drums shall be kept clean and covered.
(b) Disposal of Food Waste. All food waste shall be disposed of directly in garbage or compost collection bins, and not sinks. Bagging food waste that has the potential to leak in trash containers is recommended. Scrape or dry wipe pots, pans, dishware and work areas before washing to remove grease. Wash only in a sink connected to a grease control device.
(c) Maintenance of Kitchen Exhaust Filters. Filters and other exhaust hood equipment shall be cleaned as frequently as necessary to maintain good operating condition. The wastewater generated from cleaning shall be disposed of properly and cleaned in sinks connected to a grease removal device.
(d) Kitchen Signage. Informational signs on waste minimization practices in the food preparation and dishwashing areas shall be posted at all times.
(e) Oil and Grease Spills. Dry methods including rags and absorbents such as sawdust or kitty litter shall be used to clean up oil and grease spills.
(f) Employee Training. Training shall be conducted for all new kitchen staff and every six months. Training shall be documented with employee signatures retained indicating employee attendance. Training records shall be made available for review at any reasonable time to the governing agency. The governing agency shall provide training materials upon request.
(g) No wastewater, fluids or other substances from commercial and industrial operations containing hazardous wastes, heavy metals, or other prohibited discharge shall enter the sewer system per POMC 13.04.130.
(h) Dry cleanup procedures shall be implemented to clean up spills. Wipe up liquids or grease with rags or absorbents, such as kitty litter or sawdust.
(i) Do not allow detergents or other emulsifying cleaning compounds to enter a grease removal system as this will make the system ineffective.
(3) Gravity Grease Interceptors (GGI).
(a) Each facility is solely responsible for the cost of the grease interceptor installation, inspection, cleaning and maintenance.
(b) Gravity grease interceptor sizing and installation shall conform to the requirements contained in the current edition of the Uniform Plumbing Code (UPC) or other criteria as determined on a case-by-case basis based on review or relevant information, including, but not limited to, grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs. Supporting sizing calculations shall be submitted to the governing agency.
(c) Gravity grease interceptors shall be designed by a mechanical engineer using standard engineering principles for sedimentation and flotation in gravity separators. The grease interceptor shall have a minimum of two compartments with fittings designed for grease retention.
(d) Gravity grease interceptors shall be installed at an outdoor location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. The grease interceptor may not be installed inside a building and the location must meet the approval of the governing agency.
(e) Gravity grease interceptors shall be located in the lateral line between all fixtures which may introduce grease into the sanitary sewer and the connection to the sanitary sewer collection system. Such fixtures shall include but not be limited to sinks, dishwashers, floor drains for food preparation and storage areas, mop sinks, and any other fixture which is determined to be a potential source of grease.
(f) Gravity grease interceptors must be vented.
(g) Gravity grease interceptors shall be equipped with a sampling port at the outlet of the interceptor. Inspection tees and manholes must enable the utility to monitor and test the discharge for compliance with utility requirements or to allow monitoring and testing in accordance with the rules and regulations of other federal, state or local agency having governmental or contractual jurisdiction within the utility service area.
(h) Access manholes, with a minimum diameter of 24 inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, cleaning and removal of retained grease and sample collection. Riser maximum shall not exceed 16 inches in the city of Port Orchard.
(i) Sanitary wastes shall not be introduced into the gravity grease interceptor.
(4) Hydromechanical Grease Interceptor (HGI).
(a) Each facility is solely responsible for the cost of the HGI installation, inspection, cleaning and maintenance.
(b) HGI sizing and installation shall conform to the requirements contained in the current edition of the Uniform Plumbing Code or other criteria as determined on a case-by-case basis based on review or relevant information, including, but not limited to, grease trap performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs.
(c) HGIs shall be designed using standard engineering principles by a licensed Washington State mechanical engineer for sedimentation and flotation in gravity separators. Complete plumbing plans and isometric or riser diagrams are required at time of plan check submittal. The plans must be stamped by the mechanical engineer of record.
(d) HGIs shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease.
(e) The HGI shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer’s rated capacity recommended in gallons per minute for the unit.
(f) Sanitary wastes cannot be introduced into the HGI.
(5) Required GGI/HGI Pumping Frequency.
(a) Unless otherwise specified by the city, each interceptor (GGI/HGI) in active use shall be cleaned as specified in the individual operational permit. At a minimum, GGIs shall be cleaned at least once every 90 days and HGIs cleaned at least once per week. These required frequencies may be extended with the approval of the director. Each GGI/HGI is reviewed on a case-by-case basis. The frequency may increase or decrease depending upon the need to prevent carry over of grease into the sanitary sewer system and the POTW. The city may specify cleaning more frequently when the current pumping schedule is shown to be inadequate. Additional pumping may be required during time periods where increased loading is anticipated. Any grease generator desiring a schedule less frequent than established shall submit a request to the city along with testing (as required by the city) and copies of the cleaning records for the last four interceptor (GGI/HGI) cleanings, including measurements of the thickness of the surface scum/grease layer and sediment.
(b) At any time if an inspection finds the interceptor (GGI/HGI) having solids occupying 25 percent or more of the interceptor’s liquid capacity, immediate steps shall be taken by the grease generator to pump out and clean the interceptor. The inspector shall make an evaluation of the advisability of allowing discharge to continue, and may at his or her discretion order an immediate cessation of all discharge from the facility and notify the health district. In any case, the certificate of occupancy may be rescinded so as to compel more frequent pumping and cleaning of the interceptor (GGI/HGI).
(c) All interceptors (GGIs/HGIs) shall be maintained by the grease generator at the grease generator’s expense. If the generator fails to comply with its cleaning schedule or is not adhering to the requirements of this chapter the city shall have the interceptor (GGI/HGI) cleaned and bill the generator for all costs associated with its cleaning and an additional 15 percent.
(d) Requirement for Increased Pumping or Servicing. If the city finds that a change in pumping or servicing of an interceptor (GGI/HGI) is necessary for an existing facility to meet the discharge limits stated in this chapter, the city may order a change in pumping or servicing of an interceptor (GGI/HGI). If the city orders a change in the pumping or servicing, then the city shall inform the facility’s owner of the new schedule and their responsibility to adhere to the new schedule.
(6) Grease Capturing Equipment (GGI/GRD/HGI) Maintenance Log and Record Keeping.
(a) Every facility having a GGI, GRD, or HGI shall maintain a fats, oils and grease interceptor maintenance log indicating each pumping or cleaning for the previous 12 months. This log shall include: date, time, capacity of grease capturing equipment, grease/solids depth (percentage of normal liquid depth), total gallons pumped (removed), hauler and disposal site, and maintenance and repairs noted, and shall be kept in a conspicuous location on the premises of the facility for inspection. Said log shall be made immediately available to any authorized city inspector.
(b) Every FSE shall maintain records or receipts for the recycling or solid waste removal of food waste and fats, oils and grease that is not discharged to the grease capturing equipment.
(c) Every FSE shall maintain records documenting the frequency of cleaning of exhaust system filters.
(d) A copy of the information required in the maintenance log must be available to the inspector at the time of inspection to be removed and become the city’s record. The inspection period shall run from January 1st through December 31st of each year. Regular inspections will occur annually or as required by the utilities compliance program. Repeat inspections for those interceptors (GGIs/HGIs) not meeting maintenance requirements will be done approximately 30 days from initial inspection.
(7) GGI/HGI Cleaning Procedures.
(a) The owner or an employee of the FSE shall supervise the interceptor (GGI/HGI) cleaning, and shall be physically present and observe the entire cleaning operation and sign the maintenance log as proof.
(b) An FSE fats, oils and grease generator shall cause the liquid waste hauler, transporter, or any other person cleaning or servicing an interceptor (GGI/HGI) to completely evacuate all contents, including grease, floating materials, wastewater, and bottom sludges and solids. Skimming the surface layer of waste material and other partial cleaning of the interceptor (GGI/HGI) or use of any method that does not remove the entire contents of the collection device is prohibited. Removal of the floating materials shall be done prior to removal of other contents. After complete evacuation, the walls, top, and bottom of the interceptor (GGI/HGI) shall then be thoroughly cleaned and the residue removed. Upon completion of the servicing, the person responsible for compliance with these requirements shall make an inspection of the interior of the interceptor (GGI/HGI). If repairs are required, they shall be performed within seven days of notice from the city, unless an extension has been granted by approval of the director. The interceptor shall be refilled with water prior to being placed back into operation. The person responsible for compliance with these requirements shall make an appropriate entry in the FSE interceptor maintenance log, and leave a copy of the hauler/transporter manifest with the log for the city to retrieve at the next inspection. Food service establishments shall keep all records maintenance logs and hauler/transporter manifests. Said manifests and maintenance logs shall be made immediately available to any authorized city staff.
(c) In addition to the maintenance required above, grease removal devices shall be maintained in accordance with the manufacturer’s guidelines.
(d) The facility shall prohibit the discharge of liquid, semisolids, or solids back into an interceptor (GGI/HGI) during and/or after servicing. Decanting or discharging of removed waste back into the interceptor (GGI/HGI) from which the waste was removed or any other interceptor, for the purpose of reducing the volume to be disposed, is prohibited.
(e) Each gravity interceptor (GGI) pumped shall be fully evacuated unless the interceptor volume is greater than the tank capacity on the vacuum truck, in which case the transporter shall arrange for additional transportation capacity so that the interceptor is fully evacuated within a 24-hour period following the transporter’s inability to fully evacuate the interceptor.
(8) Disposal of Interceptor (GGI/HGI) Waste. All waste removed from each interceptor (GGI/HGI) shall be disposed of at a facility permitted and authorized to receive such waste in accordance with all applicable federal, state, and local regulations. In no way shall the waste be returned to any private or public portion of the publicly owned treatment works (POTW), without prior written approval from the supervisor, nor may it be returned to any portion of the POTW not specifically designated by the wastewater collections/treatment supervisor. Additionally, grease removed from an interceptor (GGI/HGI) shall not be recycled so as to become a food product or part of a food product for animal or human consumption.
(9) Vacuum Truck Cleaning Service for GGI/HGI. It shall be unlawful for a facility to allow grease waste to be removed from the premises by a transporter who does not have all applicable federal, state, or local permits or registrations including a Washington State waste hauler’s permit and city business license.
(10) Grease Capturing Equipment System Additives. No user may use an additive of any type for the interceptor without the approval of the director. The director will adopt procedures for the approval of additives.
No vendor may sell, attempt to sell or otherwise distribute any additive in the city of Port Orchard without prior approval of the additive by the director. Any vendor selling, or attempting to sell, or otherwise distributing any additive intended for use in an interceptor that has not been approved for use by the director is in violation of this chapter and is subject to all enforcement actions contained herein. (Ord. 020-23 § 1 (Exh. A)).
13.05.070 Grease capturing equipment – Required reporting.
All facilities shall, at a frequency and time determined by the city, but in no case less than once per year, make available to the city:
(1) Copies of all hauler/transporter manifests made by liquid waste transporters servicing their GGI/HGI during the reporting period;
(2) A copy of the gravity grease interceptor/hydromechanical grease interceptor maintenance log; and
(3) Any other information required by the city, including analysis of the discharge to a public sewer system of such waste as the city may require. Such analysis shall be in accordance with requirements of this chapter. (Ord. 020-23 § 1 (Exh. A)).
13.05.080 Enforcement.
(1) It is unlawful for any grease generator to discharge into the POTW in any manner that is in violation of this chapter or of any condition set forth in this chapter. Additionally, a person commits an offense if the person causes or permits the plugging or blocking of, or otherwise interferes with or permits the interference of, a grease interceptor (GGI/HGI), including alteration or removal of any flow constricting devices so as to cause flow to rise above the design capacity of the interceptor (GGI/HGI).
(2) A facility shall be considered out of compliance if any of the following conditions exist:
(a) A required grease interceptor has not been installed or required maintenance of a grease interceptor has not been performed, resulting in a prohibited discharge, accumulation of grease within the public sewer system, a sewer blockage, or sanitary sewer overflow.
(b) Maintenance cleaning has not been accomplished when the total accumulations of fats, oils and grease exceeding 25 percent of the overall liquid depth has not been met.
(c) Failure to submit records to the governing agency or to make records available upon request.
(d) Inspection hindrance.
(e) Failure to maintain on-site records of maintenance.
(f) Falsification of records.
(g) Discharges to the sanitary sewer system that include polar fats, oils and greases in amounts that cause a visible sheen in the discharge or in the public sewer system, a build-up of grease in any public sewer facility, or any water or waste which contains more than 100 parts per million by weight of nonpolar fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136.
(3) Routine compliance will be evaluated based on review of maintenance records. The owner or operator of the facility is responsible for maintaining the required records and making them available to the governing agency. Compliance can also be initiated by observations and reports of potential noncompliance that comes from governing agency staff, other agencies, the public, or other documented sources.
(4) Inspections of facilities may be conducted by the director at any time during normal business hours to verify compliance with this chapter. Facilities shall allow the director access to all parts of the premises for the purpose of inspection, records examination, measurement, sampling and testing, or other activities in accordance with the provisions of this chapter. The governing agency shall have the right and access to set up on the facility property any devices necessary for conducting wastewater sampling inspection, compliance monitoring and/or metering operations.
(5) If an obstruction of the sanitary sewer collection system occurs that causes a sanitary sewer backup and/or overflow and such overflow can be attributed in part or in whole to an accumulation of fats, oils and grease in the sanitary sewer main line, the governing agency will take appropriate enforcement actions against the generator or contributor of such fats, oils and grease. In addition, those responsible for generating or contributing to unlawful discharge of fats, oils and grease to the sanitary sewer system must take immediate steps to bring the grease interceptor or other grease removal device into compliance, plus any additional actions necessary to bring the facility into compliance with this chapter. Failure to respond to corrective measures outlined in any enforcement notice will result in termination of water service which is owned, operated and maintained by the governing agency.
(6) Violations of any provision of this chapter, or an order issued hereunder, are hereby declared to be public nuisances. In addition to any other provisions of the Port Orchard Municipal Code pertaining to abatement of public nuisances, and in addition to any other enforcement methods authorized by an ordinance of the city or local or state law, these violations may be subject to abatement and enforcement through any of the following methods (at the discretion of the director or designee):
(a) Notice of Violation. Whenever the city finds that any customer has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, the city may serve upon such customer a written notice of the violation that will include a minimum of an additional 10 days to comply and notification that water services will be terminated on the next business day following the specified due date. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(b) Compliance Orders. Whenever the city finds that a customer has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the city may issue a compliance order to the customer responsible for the violation. This order shall direct that the cross-connection be eliminated or protected with an approved backflow prevention assembly and that the assembly be installed and properly operated and maintained. The order shall specify that water services shall be discontinued and/or applicable penalties imposed unless, following a specified time period, the directed actions are taken. A compliance order may not extend the deadline for compliance beyond any applicable state or federal deadlines, nor does a compliance order release the customer from liability from any past, present, or continuing violation(s). Issuance of a compliance order shall not be a prerequisite to taking any other action against the customer. Failure to comply with any terms or requirements of a compliance order by a customer shall be an additional and independent basis for termination of water services or any other enforcement action authorized under this chapter and deemed appropriate by the city.
(c) Cease and Desist Orders. The city may issue a cease and desist order upon finding a customer has violated or is violating this chapter. The decision to issue a cease and desist order shall consider the likelihood that a customer’s violations could cause a severe threat to the public water system. The order issued by the city will direct the customer to cease and desist all such violations and to: (i) immediately cease such actions creating a cross-connection; (ii) comply with all applicable cross-connection control standards and requirements; (iii) take such appropriate action as may be needed to properly address a continuing or threatened violation, including halting operations. Issuance of a cease and desist order shall not be a bar against, or prerequisite for, taking any other action against the customer.
(d) Injunctive Relief. When the city finds that a customer has violated (or continues to violate) any provision of this chapter or order issued hereunder, or any other fats, oils, and/or grease control standard or requirement, they may petition the superior court of Kitsap County through the city attorney for the issuance of a temporary or permanent injunction, as appropriate. Such injunction shall restrain or compel specific compliance with an order, or other requirement imposed by this chapter on activities of the customer. The city may also seek such other action as is appropriate for legal and/or equitable relief. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a customer.
(e) The provisions in this section are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 020-23 § 1 (Exh. A)).
13.05.090 Penalties.
(1) Noncompliance Fines. Notwithstanding any other section of this chapter, any customer found by the city to have violated any provision of this chapter, or orders issued hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments will be billed separately from the utility billing for services. Unpaid charges, fines, and penalties shall be sent to collections. Issuance of an administrative fine shall not be a prerequisite for taking any other action against the customer. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of noncompliance, penalties shall accrue for each day during the period of such noncompliance. In addition to the penalty amounts assessable above, the director may recover reasonable attorneys’ fees, court costs, and other expenses associated with compliance and enforcement activities authorized under this chapter. This shall include recovery of costs for sampling and monitoring, and the cost of any actual damages incurred by the city. The city shall petition the superior court of Kitsap County to impose, assess, and recover such sums. When recommending the amount of civil liability, the public works director shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the customer’s violation, corrective actions by the customer, the compliance history of the customer, and any other factor as justice requires, and shall present this analysis as evidence in support of the recommended penalty. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a customer.
(2) Termination of Water Services. The city shall have authority to terminate water services to any customer upon determining that such customer has: (a) refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter; (b) violated any provision of this chapter; or (c) violated any lawful order of the city issued with respect to this chapter. The city will attempt to provide reasonable notice to tenants and owners prior to water service being terminated, but if the city determines the violation of this code presents an imminent and serious threat to the public water system, the city may immediately terminate the customer’s water service, the notice and appeal rights set forth herein notwithstanding. Service will be restored after the customer has made arrangements to come into compliance and paid a disconnect/connect charge, as established in POMC 13.04.050. If a customer makes arrangements for compliance and payment after 4:30 p.m., the water will not be reconnected until the next morning. If a customer wishes to have their water reconnected after 4:30 p.m., they will be charged after-hours rates per POMC 13.04.055.
(3) Recovery of Expenses. All expenses incurred by the city in correcting the violation shall be billed to the property owner and/or person responsible for the violation and shall become due and payable to the city within 10 calendar days. Such costs may include, but are not limited to, the following:
(a) “Legal expenses,” which shall include, but are not limited to:
(i) Personnel costs, both direct and indirect, including attorney’s fees and all costs incurred by the city attorney’s office or its designee;
(ii) Actual and incidental expenses and costs incurred by the city in preparing notices, contracts, court pleadings, and all other necessary documents; and
(iii) All costs associated with retention and use of expert witnesses or consultants;
(b) “Abatement expenses,” which shall include, but are not limited to:
(i) Costs incurred by the city for preparation of notices, contracts, and related documents;
(ii) All costs associated with inspection of the abated property and monitoring of said property consistent with orders of compliance issued by the city’s hearing examiner or a court of competent jurisdiction;
(iii) All costs incurred by the city for hauling, storage, disposal, or removal of vegetation, trash, debris, dangerous structures or structures unfit for occupancy, potential vermin habitat or fire hazards, junk vehicles, obstructions to public rights-of-way, and setback obstructions;
(iv) All costs incurred by law enforcement or related enforcement agencies;
(v) All costs incurred by the city during abatement of code violations may include interest in an amount as prescribed by law; and
(4) The city shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity.
A facility is liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate cleanup and proper disposal of said waste materials.
(5) Remedies Nonexclusive. The provisions in this section are not exclusive remedies. The city reserves the right to take any, all, or any combination of these actions concurrently or sequentially against a noncompliant user or to take other actions as warranted by the circumstances. (Ord. 020-23 § 1 (Exh. A)).
13.05.100 Indemnification.
The city of Port Orchard will not be held liable for any or all water pressure loss, flow loss, head loss, friction loss, or other costs or damages associated with the requirements of this chapter and associated enforcement, including but not limited to interruption of service. In all cases, the customer shall indemnify and hold harmless the city for all contamination of the customer’s system or the city’s water or sewerage systems that result from a violation of this chapter within the customer’s premises. Under no circumstances shall the city’s granting of an exception from the requirements herein consistent with this chapter be construed to mean that the city assumes responsibility or liability for any occurrence on the customer’s premises. This indemnification shall pertain to all conditions that may arise from the city’s suspension of water supply, water main breaks, or reduction of water pressure. Any customer violating any of the provisions of this program when said violation results in damage to or impairs the city’s water or sewerage system, including, but not limited to, allowing contamination, pollution, any other substances, or non-potable water to enter the city’s water or sewerage system, shall be liable to the city for all expenses, loss, or damages caused by such violation. Such costs may include, but are not limited to, cleaning, purifying, repairing, or replacement work in the city’s water or sewerage system caused by the violation. (Ord. 020-23 § 1 (Exh. A)).