Chapter 16.38 FATS, OILS AND GREASE REGULATIONS

Chapter 16.38
FATS, OILS AND GREASE REGULATIONS

Sections:

16.38.010 Purpose and applicability.

16.38.020 Definitions.

16.38.030 Prohibitions.

16.38.040 Grease control devices – Requirements.

16.38.050 Grease control devices – Standards.

16.38.060 Maintenance and operating requirements.

16.38.070 Determination of compliance.

16.38.080 Enforcement.

16.38.010 Purpose and applicability.

A. Purpose. Fats, oils and grease cause many problems in sanitary sewer lines. Fats, oils and grease collect on the sides of pipes and bacteria that feed on fats, oils and grease produces corrosive acids and gas that will damage pipes and manholes. Sewer blockages that result can overflow onto streets and property, disrupting residential, commercial, and industrial operations, and carry the potential for health risks. The cost of increased maintenance and replacement of sewer lines is high, as well as the potential impacts to the environment. The requirements set forth in this chapter are designed to aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of animal or vegetable derived fats, oils and grease discharged to the sanitary sewer system from industrial or commercial establishments, particularly food preparation and serving facilities.

The objectives of this chapter are to use reasonable and technically feasible controls to:

1. Eliminate sanitary sewer overflows caused by fats, oils and grease.

2. Reduce the amount of fats, oils and grease discharged to the sanitary sewer collection system.

3. Reduce maintenance costs for the sanitary sewer collection system.

4. Improve operation of the sanitary sewer collection system.

5. Comply with King County Industrial Waste Local Discharge Limits and prohibited discharges.

B. Applicability. The provisions in this section 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 Issaquah Sanitary Sewer Service Area. (Ord. 2612 § 2 (Exh. A1), 2011).

16.38.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter.

“Best management practices” means a technique or methodology that, through experience and research, has proven to reliably lead to a desired result.

“Director” means the Director of Public Works, or any duly authorized representative or agent of such Director. Those portions of this chapter that invoke the plumbing code (in Chapter 16.04 IMC) or other building improvements are delegated to the Building Official.

“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 discharge fats, oils or grease into the sanitary sewer system as part of a business operation.

“Fats, oils and greases” means organic compounds derived from animal, vegetable, petroleum or mineral origin that contains multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal Regulations Part 136 (40 CFR 136). Fats, oils or grease are either polar (animal or vegetable origin) or nonpolar (petroleum or mineral origin).

“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.

“Food grinder” means any device installed in the plumbing or sewage system of the facility for the purpose of grinding food waste or food preparation by-products for the purpose of disposing in the sewer system.

“Food processing establishment” means a commercial establishment in which food is manufactured or packaged for consumption.

“Food sales establishment” means 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.

“Food service establishments” means any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products and/or which are required to have a food business permit issued by the King County Department of Health. The term includes: restaurants, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering and home based food establishments, food vending vehicles, and operations connected therewith; and similar facilities by whatever name called.

“Governing Agency” means the City of Issaquah Sanitary Sewer Utility, which provides sanitary sewer service to the facility.

“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.

“Grease control device” means a grease interceptor, grease trap, oil/water separator, or other device designed to trap and separate fats, oils, and grease from liquid waste prior to the wastewater entering the sanitary sewer system.

“Grease interceptor (gravity interceptor)” means an interceptor of at least 1,000-gallon capacity in the City of Issaquah Sanitary Sewer Service Area whose rated flow exceeds 50 gallons per minute (gpm) to serve 1 or more fixtures and which is remotely located underground and outside of a facility. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste (“gray water”) to discharge to the wastewater collection system by gravity.

“Grease trap (hydromechanical grease interceptor)” means a device located inside a facility, “under the counter” designed to retain grease from 1 to a maximum of 4 fixtures whose rated flow is 50 gallons per minute (gpm) or less. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity or mechanical means.

“Minimum design capability” means the design features of a grease interceptor and its ability to or the volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the sanitary sewer system.

“Nonpolar” means any water or waste of petroleum or mineral origin which contains more than 100 parts per million by weight of fat, oils or grease as measured using analytical procedures established in 40 CFR Part 136.

“Oil/water separator” means a large capacity underground vault installed between a drain and the connecting sewer pipe designed to remove nonpolar oil (petroleum or mineral-based) from the waste stream. These vaults are designed with baffles or coalescing plates to trap sediments and retain floating oils. The large capacity of the vault slows down the wastewater, allowing oil to float to the surface and solid material to settle out. Businesses that require oil/water separators include, but are not limited to, quick-lube stations, transportation fueling facilities, vehicle/heavy equipment repair, and businesses using steam or pressure washers.

“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.

“Remodel” means any modification to an existing business that involves an expansion of the kitchen area or seating capacity.

“Rendering/disposal company” means a business that possesses a King County pumper certification.

“Twenty-five percent rule” means the requirement for grease control devices to be cleaned when 25 percent of its volume is occupied by accumulated grease and food waste.

“Uniform Plumbing Code (UPC)” governs the requirements for the installation, alteration, removal, replacement, repair or construction of all plumbing, as adopted under Chapter 16.04 IMC.

“User” means any person, who contributes, causes or permits the contribution of wastewater into the Governing Agency’s sanitary sewer system. (Ord. 2612 § 2 (Exh. A1), 2011).

16.38.030 Prohibitions.

A. 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 businesses license, they shall be required to remove the existing food grinder.

B. The direct addition into the building plumbing, grease trap or interceptor of enzymes, bacteria, chemicals, 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.

C. 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 bins for recycling or other acceptable methods of disposal.

D. 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, in accordance with IMC 13.36.020.

E. Discharge of wastewater with a temperature higher than 140 degrees F to or through a grease control device. (Ord. 2612 § 2 (Exh. A1), 2011).

16.38.040 Grease control devices – Requirements.

The owner of a facility with 1 or more fats, oils or grease generating activities shall install a grease control device. All grease control devices 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 control device necessary to maintain compliance with the objectives of these regulations. The grease control device shall be adequate to separate and remove fats, oils and grease contained in wastewater discharges prior to the sanitary sewer system.

A. 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 new mixed use development with the potential to generate fats, oils, and grease shall:

1. Be required to install, operate and maintain an approved type and adequately sized grease interceptor and/or oil/water separator as necessary to maintain compliance with the requirements as described in this chapter, and as necessary to prevent a condition of prohibited discharge. A separate grease interceptor shall 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 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.

2. 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.

3. Implement best management practices to reduce the quantity of fats, oils and grease discharged to the sanitary sewer collection system.

B. Existing Facilities with Grease Control Devices. Existing facilities that currently have operating grease control devices shall:

1. Implement best management practices to reduce the quantity of fats, oils and grease discharged to the sanitary sewer collection system.

2. Be permitted to operate and maintain existing grease interceptors, grease traps or oil/water separators; provided, that the equipment is in efficient operating condition.

3. 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, or is otherwise causing a prohibited discharge. Installation must be completed within 180 calendar days from notification by the City.

C. Existing Facilities without Grease Control Devices. Existing facilities that currently do not have operating grease control devices shall:

1. Implement best management practices to reduce the quantity of fats, oils and grease discharged to the sanitary sewer collection system.

2. Be required to install (retrofit) properly sized and functioning grease control device(s) designed to meet the grease control requirements in this chapter if the facility food preparation area or kitchen will be expanded or renovated with a building permit valuation of greater than or equal to $20,000.

D. Permits. Site and building modifications needed to install a grease control device are subject to the permitting requirements of the Side Sewer Code (Chapter 13.40 IMC), the building and construction code (this title), and other codes as applicable.

E. Variance from Grease Control Devices Requirements. A variance is to provide specific exceptions to this chapter. The variance is intended to give food service, food sales, and food processing establishments an avenue to provide substantial evidence to modify fats, oils, and grease interceptor requirements while still meeting the intent of this chapter. If the variance request is approved and modifications are granted, all other requirements of this chapter, and any other requirements, remain in effect.

Grease interceptors and oil/water separators required under this chapter shall be installed unless the Director authorizes a variance. The facility bears the burden of demonstrating the variance request will not result in a prohibited discharge.

1. Variance from Grease Interceptor Requirement Due to Installation Restrictions. A grease trap may be utilized instead of a grease interceptor if it is demonstrated to the satisfaction of the reviewer that the installation of a grease interceptor would not be feasible due to space constraints, or other considerations such as inadequate slope for gravity flow.

2. Variance from Grease Interceptor Requirement Due to Grease Generating Capabilities. A grease trap, rather than a grease interceptor, may be adequate if a facility can demonstrate that food preparation and service do not generate fats, oils, and grease in a quantity sufficient to require a grease interceptor due to menu, seating capacity, and number of meals served.

3. Variance from Grease Interceptor Requirement to Allow Alternative Pretreatment Technology. The food service, food sales, or food processing establishment may justify that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling fats, oils, and grease discharge. Alternative pretreatment technology includes, but is not limited to, devices that are used to trap, separate, and hold grease from wastewater and prevent it from being discharged into the sanitary sewer collection system.

4. Variance from Grease Interceptor Pumping Frequency. The pumping frequency determined in the City of Issaquah (IMC) may be decreased for a grease interceptor. The following conditions must be met in order to apply for a pumping frequency variance:

a. The interceptor continues to operate properly and be maintained to meet the 25 percent rule.

b. At no time can the discharge from the grease interceptor exceed 100 mg/L total oil and grease concentration, or visible oil sheen.

c. Submit 3 consecutive grease interceptor pump out reports with the variance request application. (Ord. 2612 § 2 (Exh. A1), 2011).

16.38.050 Grease control devices – Standards.

A. Standard Requirements – Grease Interceptors.

1. Each facility is solely responsible for the cost of the grease interceptor installation, inspection, cleaning and maintenance.

2. 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. The minimum capacity of any grease interceptor shall be 1,000 gallons. Supporting sizing calculations shall be submitted to the Governing Agency.

3. 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 2 compartments with fittings designed for grease retention.

4. 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.

5. 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.

6. Grease interceptors must be vented.

7. 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.

8. 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 Issaquah.

9. Sanitary wastes shall not be introduced into the grease interceptor.

B. Standard Requirements – Grease Traps.

1. Installation of grease traps is authorized only through a variance per IMC 16.38.040(E).

2. Each facility is solely responsible for the cost of the grease trap installation, inspection, cleaning and maintenance.

3. Grease trap 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.

4. Grease traps shall be designed using standard engineering principles for sedimentation and flotation in gravity separators.

5. Grease traps shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease.

6. Grease traps 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 sinks, drains and other fixtures for food preparation and storage areas, and any other fixture which is determined to be a potential source of grease. Fixtures such as waste food grinders, dishwashers, floor drains and mop sinks shall not be connected to any grease trap.

7. Grease traps 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.

8. Sanitary wastes cannot be introduced into the grease trap.

C. Standard Requirements – Oil/Water Separators.

1. Each facility is solely responsible for the cost of the oil/water separator installation, inspection, cleaning and maintenance.

2. Oil/water separator 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, separator performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs. The aforementioned determinations may or may not conform to the Uniform Plumbing Code construction standards or sizing criteria for oil/water separators or similar devices.

3. Oil/water separators shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. The oil/water separator shall have a minimum of 2 compartments with fittings designed for grease, oil and retention. The minimum capacity guideline for an oil/water separator is to hold a maximum discharge flow for 45 minutes. The waste oil from the separator shall flow by gravity or shall be pumped to a higher elevation by an automatic pump.

4. Oil/water separators shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. The oil/water separator may not be installed inside the building unless granted by the Governing Agency. The location must meet the approval of the Governing Agency.

5. Oil/water separators shall be located in the establishment’s lateral line between all fixtures and connected to all necessary floor drains which may introduce nonpolar grease or oil into the sanitary sewer and the connection to the sanitary sewer collection system.

6. Oil/water separators must be vented.

7. Oil/water separators 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.

16.38.060 Maintenance and operating requirements.

A. Maintenance.

1. Grease interceptors and oil/water separators shall be pumped in full when the total accumulations of fats, oils and grease reach 25 percent of the overall liquid depth (the “25 percent rule”). The frequency of pumping shall be no longer than every 90 days, unless documentation is provided to the City that demonstrates a less frequent pumping will still meet the 25 percent rule (but not less than annually).

2. Grease traps must be cleaned at an interval not exceeding two weeks, or when fats, oils, and grease content reaches 25 percent of the grease trap.

3. Any facility that has a grease interceptor or oil/water separator shall utilize a licensed rendering and disposal company. Wastes removed from a grease interceptor shall be disposed of at a facility permitted to receive such waste. Neither grease, solids nor liquids removed from grease interceptors shall be returned to any grease interceptor, private sanitary sewer line, any portion of the sanitary sewer collection system or any portion of the storm water system.

4. Any operating or physical condition that results in, or is contributing to a prohibited discharge or other violation of this chapter shall be reported to the Governing Agency within 7 calendar days. Improvements to the facility shall be made as required by IMC 16.38.040.

B. Best Management Practices – Facilities Generating Polar Fats, Oils and Grease (e.g., Food Processing, Sales and Service).

1. Kitchen best management practices shall be implemented to minimize the discharge of fats, oils and grease to the sanitary sewer system and prevent nonstormwater discharges from entering the stormwater sewer system (as applicable):

a. Drain Screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

b. Segregation and Collection of Waste Cooking Oil. All waste cooking oil shall be collected and stored properly in fats, oils and grease receptacles such as drums or tallow bins. Such containers shall be maintained properly to ensure they do not leak.

c. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

d. Tallow bins or used waste oil drums shall be kept clean and covered.

2. 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.

3. 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.

4. Kitchen Signage. Informational signs on best management practices and waste minimization practices in the food preparation and dishwashing areas shall be posted at all times.

5. Floor Mats and Kitchen Appliance Cleaning. The wastewater generated from floor mat and kitchen appliance washing operations must be disposed of to a sink with a grease control device. Cleaning kitchen equipment in areas that drain to the stormwater sewer system is prohibited.

6. Oil and Grease Spills. Dry methods including rags and absorbents such as saw dust or kitty litter shall be used to clean-up oil and grease spills.

7. Employee Training. Training shall be conducted for all new kitchen staff and every 6 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.

C. Best Management Practices – Facilities Generating Nonpolar Fats, Oils and Grease (e.g., Automotive).

1. No wastewater, fluids or other substances from commercial and industrial operations containing hazardous wastes, heavy metals, or other prohibited discharge shall enter the oil/water separator.

2. Dry cleanup procedures shall be implemented to clean up spills. Wipe up liquids or grease with rags or absorbents, such as kitty litter or saw dust.

3. Sludge removed from oil/water separators shall be tested prior to disposal to ensure compliance with hazardous waste disposal requirements. If found to be hazardous, immediate actions shall be taken to identify and eliminate sources of hazardous pollutants.

4. Do not allow detergents or other emulsifying cleaning compounds to enter an oil/water separator, as this will make the oil/water separator ineffective.

D. Recordkeeping and Reporting.

1. All facilities with a grease control device pre-treating polar or nonpolar fats, oils, and grease that discharge into the Governing Agency’s sanitary sewer system shall maintain a maintenance log that documents all maintenance activities for grease removal devices.

2. Food service, food processing, or food sales establishments shall document the date when quarterly staff training is conducted in the maintenance log.

3. The maintenance log shall be located in the kitchen and in plain view of kitchen staff at food service, food processing, or food sales establishments, or at the front desk of all other facilities.

4. On an annual basis, on or before October 1st, a copy of the grease removal control maintenance log (Appendix A attached to the ordinance codified in this section) shall be completed and delivered, mailed, or faxed to the City of Issaquah Public Works Engineering Department.

5. All facilities shall maintain a written record of maintenance activities and the rendering/disposal company manifests for a minimum of 3 years.

6. All maintenance records shall be made available for on-site inspection during weekday operating hours. (Ord. 2612 § 2 (Exh. A1), 2011).

16.38.070 Determination of compliance.

A. A grease control device shall be considered out of compliance if any of the following conditions exist:

1. A required grease control device has not been installed or required maintenance of a grease control device has not been performed, resulting in a prohibited discharge, accumulation of grease within the public sewer system, a sewer blockage, or sanitary sewer overflow.

2. Maintenance cleaning has not been accomplished when the total accumulations of fats, oils and grease exceed 25 percent of the overall liquid depth, or the minimum 90-day interval for grease interceptors and oil/water separators, or minimum 2-week cleaning interval for grease traps, has not been met.

3. Failure to submit records to the Governing Agency.

4. Inspection hindrance.

5. Failure to maintain on-site records of maintenance.

6. Falsification of records.

7. 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, in accordance with IMC 13.36.020.

B. Routine compliance will be evaluated based on review of maintenance records. The owner or operator of the facility is responsible for submitting the required records to the Governing Agency by October 1st of each year. 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.

C. 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. (Ord. 2612 § 2 (Exh. A1), 2011).

16.38.080 Enforcement.

The violation or failure to comply with any of the provisions of this chapter is unlawful. 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.

A. Civil Remedies. Any work or other activities which are within the authority of this chapter in violation of any lawful order or requirement of the Director is deemed to be a public nuisance and may be abated in a manner prescribed by the permit authority. Injunction proceedings or other appropriate action may be initiated in a court of competent jurisdiction against any person who violates or fails to comply with the provisions of this chapter in order to prevent, enjoin, abate or terminate violations of this chapter.

B. Persons Subject to Penalty. Any person who violates or fails to comply in a timely manner with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the Director shall be subject to the civil and criminal penalties provided in Chapter 1.36 IMC, Code Enforcement. Each day of continued violation shall be considered a separate violation for purposes of penalty.

C. 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.

D. Enforcement actions may include recovery of all costs associated with clean up activities.

E. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. (Ord. 2612 § 2 (Exh. A1), 2011).