Chapter 13.22
FATS, OIL AND GREASE (FOG) CONTROL PLANS
Sections:
13.22.020 FOG pretreatment and FOG plan required – When.
13.22.030 FOG plan requirements.
13.22.040 Installation requirements.
13.22.070 Grease traps and grease interceptors – Cleaning and maintenance.
13.22.080 Pretreatment facilities – Oil/water separators.
13.22.090 Access for inspections.
13.22.100 Judicial enforcement remedies.
13.22.010 Definitions.
Unless the context specifically indicates below, the definitions set forth in ZMC 13.16.010 shall apply to this chapter. In addition, the following terms are defined for purposes of this chapter:
A. “Best management practices” 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. “Brown grease” means fats, oils, and greases (FOG) and food solids that are retained in and removed from FOG control devices most commonly serving food service establishments, institutions with commercial kitchens, and industrial food manufacturers/processors. Brown grease is generally considered unsuitable for reuse in most applications.
C. Director. The “director” herein refers to the city of Zillah public works director or the director’s “designated representative.”
D. “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 the United States Code of Federal Regulations, 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”
E. “FOG control device” means a control device for removing or significantly reducing FOG from the liquid waste stream of a food service establishment or food manufacturer/processor prior to the wastewater entering the municipal sewer system.
F. “FOG discharger” means an FSE, FM/P, or any other nonresidential user who discharges FOG to the sewer system.
G. “Food manufacturer/processer (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.
H. “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 or more of the following preparation methods: cooking by frying (all methods), baking (all methods), grilling, sautéing, 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 product 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.
I. “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.
J. “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 below-ground units in outside areas and are built as two or three chamber baffled tanks but could include other types of interceptor units.
K. “Minimum design capacity” means the design features of a grease interceptor or grease trap and the ability or volume required of either to effectively intercept and retain FOG from FOG-laden wastewaters discharged to the public sanitary sewer.
L. “Sample well” means a small structure or chamber, usually below ground with a surface access, that easily allows the collection of a wastewater sample. A sample well is often placed immediately downstream of an outdoor in-ground grease interceptor and upstream of the sanitary sewer line. A sample well can also be incorporated into the discharge of an under-the-sink grease trap in a commercial or institutional kitchen.
M. “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.
N. “User” means any person or entity, including those located outside the jurisdictional limits of the city of Zillah (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.
O. Yellow Grease. Mainly derived from used cooking oils from deep fryers used in FSEs and institutions with commercial kitchens but could also be generated by FM/Ps. Yellow grease is typically preferred over brown grease for biofuels, animal feed additives, soap manufacturing, and other manufacturing uses. (Ord. 1464 § 1, 2018)
13.22.020 FOG pretreatment and FOG plan required – When.
A. Businesses such as restaurants, cafes, lunch counters, cafeterias, bars, clubs, hotels, hospitals, factories, school kitchens, or other establishments that serve or prepare food where FOG may be part of the waste stream shall have grease traps, grease interceptors, or other approved pretreatment facilities in place to prevent the discharge of FOG to the sewer system.
B. Such businesses shall have an approved and implemented FOG control plan, and a business license for the business shall not be renewed or issued without an approved plan being on file with the city. (Ord. 1464 § 1, 2018)
13.22.025 Exemptions.
Private living quarters (such as single-family homes and single dwelling units in multiplexes, condominiums and/or apartment complexes, etc.) are exempt from the requirements of this chapter. (Ord. 1464 § 1, 2018)
13.22.030 FOG plan requirements.
All FOG plans shall include the following:
A. A description of the facility type and a summary of products made and/or service provided.
B. A description of any food processing that occurs on site, including but not limited to the type of food service (sit down or take out), types of cooking (sauté, deep fry, etc.), a description of the menu, and a list of kitchen fixtures with potential to contribute FOG to the sanitary sewer.
C. Schematics of process areas illustrating drains and discharge points connected to the sewer.
D. A description of current reduction, recycling, treatment activities, and best management practices.
E. Specific performance goals and implementation schedule including cleaning frequency, including cleaning and waste disposal procedures if business will self-clean grease trap. (Ord. 1464 § 1, 2018)
13.22.040 Installation requirements.
A. All FOG pretreatment facilities shall be installed, maintained, and operated by the business owner at his or her own expense. The pretreatment facility shall be adequately sized and located in a manner that provides ready and easy accessibility for cleaning and inspection at all times.
B. The grease interceptors must meet, at a minimum, the specifications of the most recently adopted Uniform Plumbing Code and International Building Code at the time of construction. No food waste disposal shall be connected to or discharged into any grease trap or interceptor. No toilets shall discharge into an interceptor.
C. Increased volume of discharge (increased business) can become a factor, regarding the efficiency of the grease trap(s). As discharge volumes increase, the need for a larger grease trap(s) or an exterior grease interceptor may be necessary. If the facility’s waste stream discharge is not maintained within city standards, a pretreatment system upgrade will be required at the discharger’s expense. (Ord. 1464 § 1, 2018)
13.22.050 Effluent testing.
The city may require periodic testing of effluent by businesses when the city has a reasonable belief that (A) a user is not meeting the discharge standards set forth in ZMC 13.16.060; (B) FOG discharges in amounts that exceed the wastewater treatment standards cause a visible sheen on the discharge or in the public sewer system; or (C) the build-up of grease in any public sewer facility or which accumulations either alone or in combination with other discharges cause obstructions of the public sewer system. These determinations would be based on:
A. Downstream testing; or
B. Evidence of FOG build-up downstream; or
C. Discharger records that are incomplete, false, or not made available for inspection; or
D. Evidence of tampering with pretreatment equipment; or
E. Evidence of use by the business of degreasers, “enzymes” or other chemicals which keep grease in suspension past the grease trap or interceptor; or
F. Other reasons established by facts which warrant a belief that the discharge standards are violated. (Ord. 1464 § 1, 2018)
13.22.060 Recordkeeping.
Records and certification of maintenance, including copies of grease interceptor cleaning invoices, shall be made readily available to the city for review and inspection, and must be maintained by the business for a minimum of two years, or longer upon notification by the city. Copies of all maintenance and cleaning reports shall be sent in to the city within 10 days of service. (Ord. 1464 § 1, 2018)
13.22.070 Grease traps and grease interceptors – Cleaning and maintenance.
A. The grease trap or grease interceptor shall be kept in continuous operation at all times and shall be maintained to provide efficient operation. Businesses shall not allow the addition of emulsifying agents for the purposes of emulsifying polar or nonsolid FOG. Interceptor cleaning shall be done only by a qualified person that can perform such cleaning. All material removed shall be disposed of in accordance with all city, county, state, and federal regulations.
B. Grease Interceptor Cleaning.
1. Grease interceptor maintenance shall include quarterly (four times annually) pumping and cleaning of the interceptor, which shall be set forth in the FOG plan. The business may request to modify the quarterly cleaning frequency, by demonstrating that all solids and grease layers reported over the previous 12 months were less than 25 percent of the interceptor’s capacity. The city reserves the right at any time to modify the FOG plan to increase the cleaning frequency, if the grease interceptor’s solids and grease layer exceed 50 percent of its capacity at any time in the previous 12 months.
2. Grease interceptor maintenance shall include removal of all FOG, solids and water from the grease interceptor. Skimming the surface layer of waste material, partial cleaning of the interceptor or use of any method that does not remove entire contents of the collection device does not constitute maintenance under this chapter. After a complete evacuation, the walls, top and bottom of the interceptor shall then be thoroughly scraped and the residue removed. The grease interceptor shall be filled with clean water before returning to service.
C. Grease Trap Cleaning.
1. Grease trap maintenance shall occur at the intervals set forth in the FOG plan, which shall not exceed 90 days. Grease trap maintenance shall include removal of the grease layer, scraping of baffles and removal of the sediment layer. The grease trap shall be filled with clean water before returning to service. A cleaning company, licensed to do business in the city of Zillah, may be employed to pump out the trap.
2. Self-Cleaning. A business may be allowed under its FOG plan to self-clean its grease trap(s) located inside a building provided:
a. The grease trap is no more than 55 gallons in liquid/operating capacity.
b. Whenever the grease trap is inspected or cleaned, seams and pipes are checked for leaks, and the baffles and flow-regulating devices checked for effective operation.
c. All FOG and food waste (including caked-on FOG and waste) is removed from the grease trap and its baffles.
d. Oil and grease are skimmed from the surface of the water and placed in a watertight container.
e. Solids are removed from the bottom of the grease trap and placed in a watertight container.
f. The grease trap is filled with clean water before returning to service.
g. The business records the date of cleaning and the amount of material removed from the grease trap in a maintenance log, and reports the information to the city under the terms of the FOG plan.
h. All grease trap waste is placed in a leak-proof, sealable container(s) located on the premises, and shall be disposed of by either:
i. Contracting with a licensed cleaning company to pick up the collected waste; or
ii. Absorbing all free liquid with a dry absorbent and dispose as solid waste in a watertight container.
D. It is a violation of this chapter to discharge any waste, including FOG and solid material, removed from the grease trap to any drainage piping connected to the sanitary sewer or the storm drainage system. (Ord. 1464 § 1, 2018)
13.22.080 Pretreatment facilities – Oil/water separators.
Businesses that operate automobile and truck repair facilities, steam cleaning facilities for motorized equipment, car sales lots, filling stations or any other establishment where petroleum-based grease and oil may be introduced to the sewer system shall have pretreatment facilities to prevent the discharge of oil and grease. These pretreatment facilities must be oil/water separators or interceptors located to collect such mixtures of grease, oil and water. Pretreatment facilities shall be in accordance with city and Washington State Department of Ecology standards. Businesses shall maintain, inspect and clean oil/water separators on a schedule that provides for effective operation.
Oil/water separators shall be inspected monthly or more frequently, as needed, by the owner. Oil/water separators shall be cleaned before the oil layer reaches three inches in depth. Coalescing plate separators shall be cleaned before the plates are coated with silt and/or solids. Cleaning shall include removal of all oil, water, and sediment, and refilling the separator with clean water. Cleaning shall be performed by a qualified person that can perform the service. All material removed shall be disposed of in accordance with all federal, state, and/or local laws. (Ord. 1464 § 1, 2018)
13.22.090 Access for inspections.
The provisions of ZMC 13.16.100, Inspections, shall apply to inspections conducted under this chapter. (Ord. 1464 § 1, 2018)
13.22.100 Judicial enforcement remedies.
A. The director shall be responsible for:
1. Enforcement of this chapter; and
2. May refer cases within the city’s jurisdiction to the municipal court of the city of Zillah for action pursuant to this section.
B. Director may enforce and address any violations of this chapter through all available legal processes, in the exercise of his or her discretion, including but not limited to any one or a combination of the following:
1. Informal administrative conferences, convened at the request of the director, user, or property owner, to address violations, facts, corrective actions or other considerations;
2. Issue notices and orders directed to the user or property owner and/or person causing or responsible for the violation of the rules of this chapter;
3. Request denial, suspension, modification, or revocation of permits, approvals, or certifications;
4. Apply for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of any requirement imposed by this chapter on activities of the user. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user; and
5. The imposition of civil penalties pursuant to subsection (J) of this section.
C. Orders authorized under this section include the following:
1. Enforcement notices, orders or other communication requiring corrective measures necessary to effect compliance with this chapter which may include a compliance schedule; and
2. Enforcement notices, orders or other communications to stop work and/or refrain from any FOG discharge into the city sewer system until all permits, certifications, and approvals required by this chapter, rule, or statute are obtained.
D. Enforcement notices or orders issued under this section shall:
1. Be in writing;
2. Name the person or persons to whom the order is directed;
3. Briefly describe each action or inaction constituting a violation of the rules of this chapter;
4. Specify any corrective action, if applicable;
5. Specify the effective date of the order and appropriate period of time, as required by this chapter, for the correction of the violation;
6. Provide notice of the consequences of failure to comply or repeated violation, as appropriate. Such notices may include a statement that continued or repeated violation may subject the violator to:
a. Denial, suspension, or revocation of a permit approval or certification if violations are not corrected within 90 days; and/or
b. Referral to the office of the city attorney; and/or
c. Other appropriate remedies imposed pursuant to Chapter 7.80 RCW;
7. Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order;
8. Specify appeal rights and procedures as provided in ZMC 13.22.120.
E. Enforcement orders shall be personally served in the manner of service of summons in a civil action pursuant to Chapter 7.80 RCW or in a manner showing proof of receipt.
F. The director shall have cause to deny the application or reapplication for an operational permit or to revoke, suspend, or modify a required operational permit of any person who has:
1. Failed or refused to comply with the provisions of this chapter, or any other statutory provision or rule regulating the operation of an FSE, FM/P, or any other FOG discharger;
2. Obtained or attempted to obtain a permit or any other required certificate or approval by misrepresentation.
G. For the purposes of subsection (F) of this section, a person is defined to include:
1. Applicant;
2. Re-applicant;
3. Permit holder; or
4. Any individual associated with subsection (G)(1), (2), or (3) of this section including, but not limited to:
a. Board members;
b. Officers;
c. Managers;
d. Partners;
e. Association members;
f. Agents;
g. Third persons acting with the knowledge of such persons;
h. Property owners.
H. Should any person refuse to allow the director to enter onto property for the purpose of enforcing these rules and regulations, the director may, with the assistance of the city attorney, present an affidavit, naming the person so refusing, the property involved and the reason entry is necessary, to the city of Zillah municipal court, from which an authorizing warrant may be issued.
I. The director shall have the right of entry to inspect any FSE, FM/P, or any other FOG discharger.
J. Civil Penalties.
1. A user who has violated, or continues to violate, any provision of this chapter or order issued hereunder shall be liable for civil penalties imposed pursuant to Chapter 7.80 RCW and a maximum civil penalty of $1,000 per violation, per day.
2. Enforcement shall be pursuant to Chapter 8.12 ZMC and Chapter 7.80 RCW.
3. To the extent that the provisions of Chapter 8.12 ZMC are inconsistent with this chapter, the provisions of this chapter govern.
4. The director may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
5. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
K. Damages. In addition to any fines or court related costs, the business/property owner found to be in violation of this chapter shall be responsible for system damages including but not limited to any repairs, additional maintenance costs, or other damages or expense incurred by the city arising from or related to the violation. (Ord. 1464 § 1, 2018)
13.22.120 Appeals.
An aggrieved party may appeal any decision associated with this chapter, including approval, modification, waiver, decisions, denial, suspension or revocation in accordance with ZMC 8.18.230, Appeal. (Ord. 1464 § 1, 2018)