Chapter 13.20 SEWER SYSTEM USE REGULATIONS

It is unlawful for any person directly or indirectly using public sewer facilities inside the city or under city control to discharge or cause to be discharged into any pipe, main, conduit, manhole, street inlet, gutter or aperture of the public sewer system any of the following:

A. Any gasoline, benzene, naphtha, alcohols, fuel oil, mineral oil or other flammable or explosive liquid, solid or gas, except in emergency when directed by the director of public works or the chief of police;

B. Any solid or viscous substance capable of obstructing sewage flow or of interfering with the operation of the sewage works or treatment facilities. These substances include, but are not limited to, ashes, cinders, sand, stone dust, dirt, gravel, mud, straw, insoluble shavings, sawdust, metal, glass, rags, feathers, tar, creosote, plastics, wood, animal paunch contents, offal, blood, bones, meat trimmings and wastes, fish or fowl heads, entrails, trimmings and wastes, lard, tallow, baking dough, chemical residues, paint residues, vegetable waste bulk solids, hair and fleshings, or plastic or paper dishes, cups or food or beverage containers, whether whole or ground;

C. Any noxious or malodorous gas or substance which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or preventing entry into a sewer or pump station;

D. Any radioactive material, except radioactive wastes discharged into the sewer system in time of disaster or civil defense emergency under direction of authorized federal, state or local officials, or radioactive wastes of short half-life which may be discharged into the sewer system upon permit issued by the State Health Division and approved by the director of public works, and which, in the determination of the director of public works, will not be hazardous to structures, equipment or personnel working on sewage disposal or sewer repair, or to receiving waters;

E. Any material from a cesspool or septic tank, except such material received at a city treatment plant under city contract. (Ord. 84 § 1, 1969)

13.20.020 Restrictions on wastes permitted in sanitary sewers.

It is unlawful for any person to discharge or permit the discharge of waste into any public sanitary sewer under city control or into any sewer which discharges into a public sewer under city control, which waste has any of the following characteristics:

A. Any garbage that has not been properly comminuted to one-fourth inch or less in any dimension;

B. Any water or waste which contains in excess of 100 milligrams per liter, or a lesser amount as fixed by the director of public works for a particular establishment, of fat waste, oil or grease, whether or not emulsified, ether-soluble matter, or any substance which may solidify or become discernibly viscous at temperatures above 32 degrees Fahrenheit;

C. Any soluble waste or wastewaters having a pH lower than 5.5 or higher than 9.0 or having any other corrosive property which reasonably could be hazardous to structures, equipment or personnel of the sewage disposal and sewer repair divisions of the city, such as, but not limited to, battery or plating acids and wastes, copper sulfate, chromium salts and compounds, or salt brine;

D. Any water or waste containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, or to create any hazard to the receiving waters or storm water overflows or to the effluent of the sewage treatment plant. Liquids containing copper, zinc and similar toxic substances at the point of discharge to the city sewer or in combination with the total sewage treatment plant flow shall not exceed the following limits:

	Entry Into Sewer (mg/l)	Sewage Treatment Plant (mg/l)
Arsenic	1.0	0.3
Cadmium	1.0	0.3
Chromium (Total)	5.0	1.0
Copper	2.0	0.3
Cyanide	1.0	0.2
Iron	10.0	2.0
Lead	2.0	0.2
Nickel	3.0	0.5
Phenols or Cresols	1.0	0.3
Zinc	4.0	1.0

E. Any material which exerts or causes:

1. Unusual concentrations of inert suspended solids such as, but not limited to, fuller’s earth, lime slurries or lime residue;

2. Unusual concentrations of dissolved solids such as, but not limited to, sodium chloride, calcium chloride or sodium sulfate;

3. Excessive discoloration such as, but not limited to, dye, wastes or vegetable tanning solutions; or

4. Unusual biochemical oxygen demand;

F. Any water or wastes which the director of public works determines will, by itself or with other water or wastes in the public sewer system, release obnoxious gases; or develop color of undesirable intensity; or form suspended solids in objectionable concentration; or create any other condition deleterious to structures or treatment processes;

G. Waters or wastes containing substances in such concentrations that they are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of any other agency having jurisdiction over discharge to the receiving waters. (Ord. 2014-04 § 1; Ord. 84 § 2, 1969)

13.20.030 Industrial waste – Restrictions.

A. It is unlawful to discharge or permit the discharge of industrial wastes into a public sewer under city control or into a sewer discharging into the city sewer system unless prior approval of the director of public works is obtained, if such industrial wastes have any of the following characteristics:

1. A five-day, 20-degree Celsius biochemical oxygen demand of more than 300 milligrams per liter or an immediate oxygen demand of more than 100 milligrams per liter;

2. A suspended solids content of more than 350 milligrams per liter;

3. A chloride demand of more than 20 milligrams per liter;

4. A maximum instantaneous rate of flow exceeding 10 percent of the capacity of the available lateral or appropriate trunk sewer;

5. Characteristics or constituents exceeding the maximums fixed in LCMC 13.20.020.

B. If any industrial wastes are discharged or are proposed to be discharged to a public sewer, which wastes contain the substances or possess the characteristics enumerated in subsection (A) of this section or exceed the maximums set forth in LCMC 13.20.020, and which in the judgment of the director of public works may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or create malodors, the director of public works may:

1. Reject the waste; or

2. Require preliminary treatment to an acceptable condition for discharge to the public sewer; and to this end may:

a. Require reduction of the five-day 20-degree Celsius biochemical oxygen demand to less than 300 milligrams per liter and the immediate biochemical oxygen demand to less than 100 milligrams per liter, and/or

b. Require reduction of the suspended solids content to less than 350 milligrams per liter, and/or

c. Require regulation of the quantities and/or rates of discharge; or

3. Require payment to cover the added cost of handling and treating the wastes, if the commercial or industrial occupancy requests such arrangement in lieu of preliminary treatment or to reduce the extent of preliminary treatment, and the director of public works finds that city treatment after discharge is feasible.

C. Any person aggrieved by a determination or decision of the director of public works under subsection (B) of this section may appeal therefrom by filing a notice of appeal in writing with the common council within 10 days after such decision or determination. (Ord. 84 § 3, 1969)

13.20.040 Preliminary treatment facilities.

A. Plans, specifications and other information relating to construction or installation of preliminary treatment facilities required by the director of public works under this chapter shall be submitted to the director of public works and to the Environmental Quality Commission, as required by the laws of the state. No construction or installation thereof shall commence until written approval of such plans and specifications by the director of public works and the Environmental Quality Commission is obtained. No person, by virtue of such approval, shall be relieved of compliance with other laws of the city and of the state of Oregon relating to construction and to permits. Every facility for the preliminary treatment or handling of industrial wastes shall be constructed in accordance with the approved plans and specifications, and shall be installed and maintained at the expense of the occupant of the property discharging the industrial wastes.

B. When the occupant of any property is required by the director of public works to install facilities for the preliminary treatment of industrial wastes, he shall comply with such requirement within 30 days from the date of notice of such requirement. The director of public works may extend such time for reasonable cause. If a preliminary treatment facility is not completed and placed in operation within said 30 days or its extension by the director of public works, he may shut off any water service to such occupant, and sewer service to the premises may be summarily terminated.

C. Every facility for preliminary treatment or handling of industrial wastes shall be subject to inspection by the director of public works, who shall determine whether or not such facility is being maintained in effective operation.

D. Notwithstanding installation and operation of a preliminary treatment facility, no person shall discharge or permit the discharge into a public sewer under city control of any waste prohibited under the provisions of this chapter.

E. If the director of public works finds that the occupant of property who controls a preliminary treatment facility fails to maintain such facility in effective operation, he may shut off water service to the occupancy; or if there is not such city water service, then sewer service to the occupancy may be summarily discontinued until the facility is put back into effective operation.

F. Any person constructing a preliminary treatment facility, as required by the director of public works, shall also install at his own expense and maintain a sampling manhole for checking and investigating the discharge from the preliminary treatment facility to the public sewer. Such sampling manhole shall be placed in a location designated by the director of public works and in accordance with specifications approved by the director of public works. (Ord. 84 § 4, 1969)

13.20.050 Acceptance of extra strength industrial waste.

When the director of public works determines that industrial wastes from particular property require preliminary treatment to an acceptable condition for discharge to the public sewer, and the commercial or industrial occupancy requests the director of public works to accept the industrial wastes on the basis of payment to the city of the extra strength industrial wastes charges in lieu of preliminary treatment or to reduce the extent of preliminary treatment, and the director of public works also finds that the characteristics of the industrial wastes exceeding the limitations set forth in LCMC 13.20.030 would not have a deleterious effect upon the sewage works, processes, equipment or receiving waters and will not create a hazard to life or create malodors, then the director of public works may permit acceptance of the industrial wastes upon application of the occupant of the commercial or industrial occupancy and payment of the charges set forth in LCMC 13.20.070 through 13.20.100 to cover city costs in connection with such wastes. Acceptance of such industrial wastes shall in no way relieve the occupant of the requirements of this chapter. The director of public works may require the occupant to reduce the biochemical oxygen demand (BOD) or the suspended solids concentration, or both, to acceptable levels for the imposition of the extra strength industrial wastes charges. The director of public works may require the commercial or industrial occupancy to install at its expense a sampling manhole in the location designated by the director of public works and according to specifications approved by the director of public works. (Ord. 84 § 5(1), 1969)

13.20.060 Extra strength industrial waste – Basis for charge – Measurement.

A. Extra strength industrial wastes charges shall be made for five-day, 20-degree Celsius BOD in excess of 300 milligrams per liter and suspended solids in excess of 350 milligrams per liter. If the entire water supply causing industrial waste is separated from the water supply for domestic sewage or waters not discharged to a sewer, the industrial waste charge shall be based upon the metered volume of water used for the commercial or industrial occupancy separated from the domestic sewage and nonwastewater. If the industrial waste is not separately supplied or separately metered, then the industrial waste charge shall be based upon either the metered volume of water used from public and/or private water supplies or the measured volume of total sewage, with appropriate allowances for the volume of domestic sewage at permissible limits of strength and allowance for other waters not discharged to the sewer. The domestic sewage allowance shall be based on 1,000 cubic feet per month for each nine employees using the sanitary facilities. All measurement methods shall first be approved by the director of public works before any consideration of extra strength industrial waste charges. The methods of determining sewage strength are set forth in subsection (B) of this section; rates of charge are set forth in LCMC 13.20.070 through 13.20.100.

B. Sewage samples are to be taken for five days by authorized representatives of the director of public works. The samples taken will be either grab samples or composite samples. A grab sample consists of a portion of sewage all taken at one time and from one spot. Composite samples are a series of equal volume samples mixed together, taken so as to represent the average strength conditions in the sewer. Base charges shall apply as specified in LCMC 13.20.070, as determined on the basis of the analyses of the strongest sample obtained each day and such analyses averaged for a minimum of five days. Composite charges shall apply as specified under LCMC 13.20.080, as determined on the basis of the analyses of each day’s composite sample averaged for a minimum of five days. The analyses of such samples, for the exclusive purposes of determining the charges under LCMC 13.20.070 and 13.20.080, are assumed to be the analyses of all industrial wastes discharged by the property for a period not to exceed 18 months from the date of sampling, if the wastes include any domestic sewage. In that event, the volume will be assumed equal to all water consumption exclusive of domestic allowances prescribed in LCMC 13.20.020, measured through both city and private supply meters or measured through a sewage meter approved by the director of public works. The city’s charge shall be billed to the occupant each month. (Ord. 84 § 5(2)(a), 1969)

13.20.070 Extra strength charges – Base rate.

Base rates for industrial wastes originating inside the city are established at $0.004 per pound of BOD, and $0.003 per pound of suspended solids, in excess of the levels fixed therefor in LCMC 13.20.060(A); base rates for industrial wastes originating outside the city shall be twice said amounts per pound. Except for seasonal industries, the rate is to be based on the five-day average strength of each day’s strongest grab sample, as outlined in LCMC 13.20.060(B). This rate is established for sewer users with occasional ordinance violations where the strength of the composite sample would result in a lesser rate than specified in this section. The maximum base charge shall not exceed $0.05 per 100 cubic feet inside the city or $0.10 per 100 cubic feet outside the city. (Ord. 84 § 5(2)(b), 1969)

13.20.080 Extra strength charges – Composite strength rate (city sampling equipment).

A. Composite strength rates for industrial wastes originating inside the city are established at $0.01 per pound of BOD, and $0.008 per pound of suspended solids, in excess of the levels fixed therefor in LCMC 13.20.060(A); composite strength rates for industrial wastes originating outside the city shall be twice said amounts per pound. Except for seasonal industries, the rate is to be based on the five-day average strength of the composite samples, as outlined in LCMC 13.20.060(B). Samples are to be taken not less than one sample each two-hour period of operations per sampling day. This rate is to cover sewer users with daily ordinance violations where the five-day average strength based on composite sampling would result in a violation of the levels fixed therefor in LCMC 13.20.060(A). This charge replaces the charge arrived at under LCMC 13.20.070, when in excess of the base charge in said LCMC 13.20.070.

B. Example Calculation.

10,000 cubic feet of water	BOD of 1,300 mg/l SS of 650 mg/l
chargeable BOD = 1,300 – 300		1,000 mg/l
chargeable SS = 650 – 350		300 mg/l
10,000 cu. ft. at 62.4 lb./cu. ft. = 624,000 lbs. water
624,000 x	1,000	= 624 lbs. BOD
	1,000,000
624,000 x	300	= 187.2 lbs. SS
	1,000,000
Extra strength charge	= 624 (.01) + 187.2 (0.008)
	= $6.24 + $1.50
	= $7.74

(Ord. 84 § 5(2)(c), 1969)

13.20.090 Extra strength charges – Average strength rate (occupant’s equipment).

In the event that the occupant chooses to install and maintain his own sampling equipment, as approved by the director of public works, the extra strength charges are established for industrial wastes originating inside the city at the rate of $0.007 per pound of BOD, and $0.005 per pound of suspended solids, in excess of the levels fixed therefor in LCMC 13.20.060(A); the average extra strength charges for industrial wastes originating outside the city shall be twice said amounts per pound. This rate is to be based on the composite samples taken by proportional sampling equipment approved by the director of public works. The analysis of samples from the equipment is assumed to be the analysis of all wastewater discharged by the property during the sampling period if the industrial wastes include domestic sewage. This charge replaces the charge under LCMC 13.20.080 and is effective when in excess of the base charge in LCMC 13.20.070.

The occupant shall pay all costs of design, purchase, installation, maintenance and replacement of sampling equipment approved by the director of public works. The city will analyze the samples taken by the occupant’s sampling equipment, and therefore has the right to enter the area where the sampling equipment is installed at all times to permit testing and sampling of the sewage. Failure to comply with the provisions of this section, as determined by the director of public works, shall cause the occupant to be charged at the rate as specified in LCMC 13.20.080 and not less than the rate specified in LCMC 13.20.070. (Ord. 84 § 5(2)(d), 1969)

13.20.100 Special extra strength charges.

When the director of public works determines that a characteristic of industrial wastes other than BOD or suspended solids, or both, exceeding the levels fixed in LCMC 13.20.030 is present but will not have a deleterious effect upon the sewage works, processes or receiving waters, and will not create a hazard to life or create malodors, and that such characteristic can feasibly be handled or treated by the city after acceptance into the city sewer system, he may fix a special rate of charge in lieu of, or reducing the extent of, preliminary treatment. Such special charge shall be fixed at a level to cover city costs and expenses. (Ord. 84 § 5(3), 1969)

13.20.110 Extra strength charges – Billing.

A. Billing and Payment. Extra strength industrial waste charges shall be billed monthly by the city recorder. The amount of the charge will be determined by the director of public works at the end of each month and will be submitted to the city recorder after sufficient time has been given for the laboratory analysis of all sewage samples. If such charges are not paid within 90 days from and after the date of billing by the city recorder, such nonpayment shall be cause for summary termination of water services by the director of public works, and termination of sewer services if the property is not served with water by the city.

B. Minimal Charges – Suspension. Where the total charges applicable under this chapter will result in an average monthly bill of $5.00 or less, the account will be suspended until such time as significant changes are found in the quantity and/or strength of the sewage to bring about a higher charge. This, however, does not waive the owner’s responsibility to comply with all the provisions of this chapter.

C. Adjustments. The director of public works may check sewage strength as outlined in this chapter and adjust charges where applicable at any time in accordance with the most recent analysis. (Ord. 84 § 5(4) – (6), 1969)

13.20.120 Resampling requests – Fees.

Requests for the city to resample wastes under LCMC 13.20.070 and 13.20.080 shall be submitted in writing and accompanied by full payment for the resampling fee. The fee for five days of sampling is $125.00. The fee to seasonal industries for one day’s resampling is $40.00. (Ord. 84 § 5(7), 1969)

13.20.130 Industrial wastes – Limitation or termination of acceptance.

Notwithstanding prior acceptance into the city sewer system of industrial wastes under this chapter, if the director of public works finds that industrial wastes from a particular commercial or industrial occupancy or a class of wastes from similar commercial or industrial occupancies constitute a nuisance or may create a hazard to city facilities or sewage treatment processes or receiving waters, then the director of public works may limit the characteristics or volume of the industrial wastes accepted under this chapter, or may terminate such acceptance. Notice of such limitation or termination shall be given in writing to the occupant of the property involved, and shall specify the date when such limitation or termination is to be effective. It is unlawful for any person to discharge or permit the discharge of industrial wastes in violation of such notice. (Ord. 84 § 5(8), 1969)

13.20.140 Industrial wastes – Sampling procedures.

Sampling procedures and methods conducted by or under the director of public works shall be made in accordance with methods established by good engineering practice. Sampling shall be conducted at a sampling manhole or other locations adjudged by the director of public works to be suitable points from which samples would be representative, either singly or with other samples, of the industrial waste to be sampled. Samples shall be analyzed at an approved laboratory as designated by the director of public works. The director of public works may require the commercial or industrial occupancy to install at its own expense such meters and appurtenances as he finds necessary to facilitate observation, sampling and measurement of the industrial waste. (Ord. 84 § 6, 1969)

13.20.141 Grease traps – Purpose.

The purpose of these grease trap regulations is to establish requirements that will assist in attaining compliance with LCMC 13.20.010(B), which prohibits discharge into the sewer system of any solid or viscous substance capable of obstructing sewage flow or interfering with the operation of the sewage works or treatment facilities; LCMC 13.20.020(C), which prohibits discharge into the sewer system of any water or waste that contains in excess of 100 milligrams per liter, or a lesser amount as fixed by the director of public works for a particular establishment, of fat waste, oil, or grease or any substance which may solidify or become discernibly viscous at temperatures above 32 degrees Fahrenheit; LCMC 13.20.020(G), which prohibits discharge into the sewer system of any water or waste that the director of public works determines will form suspended solids in objectionable concentration or create any other condition deleterious to sewer system structures or treatment processes; and LCMC 13.20.020(H), which prohibits discharge into the sewer system of any water or waste containing substances in such concentrations that they are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of any other agency having jurisdiction over discharge to the receiving waters, such as the Oregon Department of Environmental Quality’s requirements as set out in the city’s wastewater treatment plant National Pollutant Discharge Elimination System permit. (Ord. 2004-02 § 1)

13.20.142 Grease traps – Definitions.

As used in these grease trap regulations, except where the context indicates otherwise, words and phrases shall have the following meanings:

“Automatic package unit” means a device, typically of less than 100-gallon capacity, designed to automatically separate and remove grease from wastewater from an individual fixture such as a sink or drain and to automatically clean itself of accumulated removed material at least once every 24 hours.

“Cooking” means preparing, serving, or otherwise making available for consumption food, using one or more of the following activities: any method of frying, baking, grilling, barbecuing, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, or any other activity that produces a hot, non-drink food product in or on a receptacle that requires washing.

“Department” means the department of public works.

“Director” means the person to whom the city manager delegates the authority to carry out the functions of the director of public works as set out in the municipal code and any person to whom that person or the city manager delegates the authority to carry out the functions of the director under these grease trap regulations.

“Fixture” means each sink, drain, or other device or piece of equipment from which grease can be introduced into the sewer system.

“Food service establishment” means a facility discharging kitchen or food preparation wastewater into the sewer system, but excluding:

1. Individual dwelling units;

2. Private living quarters;

3. Bed and breakfast accommodations in owner-occupied residences where no more than 50 percent of the entire structure and no more than four bedrooms are used as part of the bed and breakfast accommodation;

4. Facilities that do not discharge a significant amount of grease, as determined by the director, into the sewer system; and

5. Non-cooking food service establishments.

“Grease” means any substance that:

1. Is of a type commonly recognized as fat, oil, grease, or wax, whether animal-based, petroleum-based, or synthetic-based; is a petroleum product, by-product, or distillate; or is a petroleum-like lubricant; and

2. That typically becomes solid or viscous at temperatures of 32 degrees Fahrenheit (zero degrees Celsius) or higher.

“Grease interceptor” means a device that is of at least 750 gallon capacity to serve one or more fixtures and that is remotely located, normally outdoors or underground, designed to intercept and retain grease from wastes and to permit normal sewage or liquid wastes to discharge into the sewer system.

“Grease trap” means a device designed to retain grease from one to a maximum of four fixtures, such as an automatic package unit or a grease interceptor.

“Grease trap regulations” means LCMC 13.20.141 through 13.20.149.

“Non-cooking food service establishment” means a facility primarily engaged in preparing, serving, or otherwise making available for consumption precooked food that does not include any form of cooking, such as an establishment that prepares and serves cold dairy and frozen food, but excluding facilities secondarily engaged in the preparing, serving, or otherwise making available for consumption food that includes cooking and that discharge a significant amount of grease, as determined by the director, into the sewer system.

“Outdoor storage containers” means containers outside of the food service establishment that are used for storing grease and oil.

“Person” means a natural person, firm, partnership, association, corporation, or other legal entity.

“Responsible person” means:

1. An owner, lessee, contract purchaser, or other person with the right of possession or control of property on or within which a food service establishment is located; or

2. An owner, lessee, contract purchaser, or other person with the right of possession or control of a food service establishment.

“Sewer system” means the city’s sewer system or a sewer discharging into the city’s sewer system. (Ord. 2014-04 § 2; Ord. 2004-02 § 1)

13.20.143 Grease traps – New or altered food service establishments.

A food service establishment shall have all grease traps needed to prevent the introduction from its fixtures of grease into the sewer system if:

A. It is a food service establishment for which a building permit for its initial construction is issued on or after February 9, 2004. The grease trap or traps shall be installed as part of the construction under the permit and prior to issuance of a certificate of occupancy under the permit; or

B. It is an existing food service establishment for which a building permit or permits is or are issued in any 12-month period beginning on or after February 9, 2004, where the director determines that the estimated cost of construction authorized by the permit or permits will exceed 50 percent of the fair market value of the existing establishment. If the current property tax assessment records of Lincoln County separately state the fair market value of the existing food service establishment, then that value shall be considered to be the fair market value for purposes of this subsection. In all other cases, the director shall determine the fair market value by any reasonable method. The grease trap or traps shall be installed not later than as part of the construction under the permit that will result in the estimated cost of construction exceeding 50 percent of the fair market value of the existing establishment and prior to issuance of a certificate of occupancy under the permit. (Ord. 2004-02 § 1)

13.20.144 Grease traps – Existing food service establishments.

A food service establishment, if it is not otherwise required to have a grease trap or traps under LCMC 13.20.143, shall have all grease traps needed to prevent the introduction from its fixtures of grease into the sewer system, not later than December 31, 2006. If it does not have all required grease traps by June 30, 2004, however, it thereafter shall be subject to the food service establishment surcharge established by LCMC 13.20.148 until such time as it has all required grease traps. For purposes of this section only, floor drains shall not be considered fixtures. (Ord. 2004-02 § 1)

13.20.145 Grease traps – Design, installation, operation, and maintenance.

A. Design. Grease traps required by these grease trap regulations shall be of an approved type under and shall comply with the provisions of Sections 1014.0 and 1015.0 of the Oregon State Plumbing Specialty Code and any other applicable provisions of law and shall be adequate to prevent the introduction of grease from the food service establishment into the sewer system. In addition, each grease trap shall:

1. Contain a sampling box at the outlet end for viewing and sampling of the effluent wastewater discharged into the sewer system;

2. Contain a basket or other intercepting device to prevent passage into the drainage system of solids one-fourth inch or larger in size, which device shall be removable for cleaning purposes; and

3. If an automated package unit, be located as near to the fixture as possible.

B. Installation. Grease traps required by these grease trap regulations shall be installed in accord with the provisions of Sections 1014.0 and 1015.0 of the Oregon State Plumbing Specialty Code and any other applicable provisions of law and in a manner adequate to prevent the introduction of grease from the food service establishment into the sewer system. In addition, prior to installation, a food service establishment shall provide to the department of public works the following information for each grease trap to be installed:

1. Plumbing drawings;

2. Grease trap supplier, type, size, dimensions (length x width x depth) in inches for each compartment, and flow control device description;

3. Each fixture’s contribution to the grease trap in gallons per minute;

4. Drain pipe diameter;

5. Name of the engineering firm or supplier that sized the grease trap;

6. Calculations done to determine the grease trap’s adequacy to prevent the introduction of grease from the fixtures discharging to it into the sewer system; and

7. Any other information reasonably requested by the director related to the adequacy of the grease trap to prevent the introduction of grease from the fixtures discharging to it into the sewer system.

C. Operation. Grease traps required by these grease trap regulations shall be operated in accord with the provisions of Sections 1014.0 and 1015.0 of the Oregon State Plumbing Specialty Code and any other applicable provision of law and in a manner that prevents the introduction of grease from the food service establishment into the sewer system. In addition:

1. No wastewater or waste pumped from a grease trap shall be reintroduced back into the grease trap or into the sewer system;

2. Wastewater or waste from a food waste disposal unit shall not be discharged into a grease trap;

3. Each food service establishment shall have written procedures for employee handling of sources of grease within the establishment, posted at a prominent employee area within the establishment.

D. Maintenance. Grease traps required by these grease trap regulations shall be maintained in accord with the provisions of Sections 1014.0 and 1015.0 of the Oregon State Plumbing Specialty Code and any other applicable provisions of law and in a manner that prevents the introduction of grease from the food service establishment into the sewer system. As part of its maintenance activities, each food service establishment shall:

1. Have a written plan to prevent fats, oils and grease (FOG) from entering the sewer system. The city has established a list of Best Management Practices for Food Service Establishment Facilities; the list is available from the city’s public works department. Food service establishments shall base their written plan on the city’s best management practices list.

2. Train kitchen staff and other employees on grease traps maintenance and cleaning activities. Training is to be documented and shall occur no less than twice per year.

3. Clean each grease trap on a regular basis that will ensure proper and efficient operation, but not less than once within every three months. Cleaning shall consist of removal of the grease from the grease trap, including from the grease trap and the sludge pocket, and inspection of the empty grease trap for defects and obstructions that would prevent proper functioning. No enzymes, grease solvents, emulsifiers, catalysts, detergents, soaps, dispersants, or other substances shall be used in grease trap cleaning or maintenance.

4. If grease traps are found to be more than 25 percent full during cleaning, the frequency of cleaning is required to be increased.

5. Use strainers in sink drains to catch food scraps and other solid matter. Empty strainer contents into trash receptacles.

6. Keep written records of grease trap maintenance and cleaning, and employee training, activities. The food service establishment shall retain the written records for a period for three years. Written records of grease trap maintenance and cleaning shall be kept on the grease trap/interceptor maintenance log form, which is available from the city’s public works department. Written records regarding employee training shall include, at a minimum:

a. The date of each training;

b. A list of employees that attended the training session;

c. What topics were covered during the training;

d. A copy of training materials presented at the training session.

7. Following receipt of written notice from the director and by such time as required by the notice, have samples of the establishment’s grease trap discharges analyzed by a qualified laboratory for grease content, at the expense of the establishment, and provide a copy of written results of the analysis to the department.

E. Outdoor Storage Containers. Outdoor storage containers are required to be covered and to be located as far as practically possible from any storm drain catch basin. In the event of a spill, absorbent pads or other non-free-flowing material must be used to clean up the material expelled. (Ord. 2014-04 § 3; Ord. 2004-02 § 1)

13.20.146 Grease traps – Inspection and monitoring.

A. Inspection. The director shall have the right of access to a food service establishment’s grease traps and related fixtures, facilities, and records at any time during the establishment’s normal business hours, with or without advance notice to the establishment, for the purpose of inspection, sampling, and records examination to determine whether the grease traps are preventing the introduction of grease into the sewer system. The persons responsible shall allow the director ready access at all such times to the establishment’s grease traps and related fixtures, facilities, and records and shall provide to the director copies of the records, if requested. The director shall make a written record of each inspection and shall provide a copy of the record to the food service establishment.

B. Monitoring. The director shall have the right to install at a food service establishment such devices as the director deems necessary or appropriate to conduct sampling, inspection, compliance monitoring, or metering to determine whether the establishment’s grease traps are preventing the introduction of grease into the sewer system. The director shall give the food service establishment reasonable advance written notice before installing any such device. (Ord. 2004-02 § 1)

13.20.147 Grease traps – Notice of noncompliance – Response – Compliance.

A. Notice of Noncompliance. If the director determines that a food service establishment’s grease traps are not preventing the introduction of grease into the sewer system, the director shall give the persons responsible written notice thereof, giving them a deadline not to exceed 10 business days by which to take actions that will assure that the establishment’s grease traps will prevent the introduction of grease into the sewer system, directing them to provide to the department a written list of actions they will take to assure that the establishment’s grease traps will prevent the introduction of grease into the sewer system by the specified deadline and a schedule for the actions, and giving them a deadline by which to provide the list and schedule. The director has the right to require a noncomplying food service establishment to implement any of the items listed in the Best Management Practices for Food Service Establishment Facilities document, including, but not limited to, requiring an establishment to use a three-sink dishwashing system.

B. Response to Notice of Noncompliance – Compliance Actions. The list and schedule required by the director under subsection (A) of this section shall be provided to the department not later than the deadline given by the director. In addition, after the list and schedule have been provided to the department, the actions on the list shall be completed in accord with the schedule. Failure to submit any documentation or items required by the director, or failure to comply with any terms of the notice of noncompliance, shall be considered a Class B violation. (Ord. 2015-10 § 6; Ord. 2014-04 § 4; Ord. 2004-02 § 1)

13.20.148 Grease traps – Surcharge.

The food service establishment surcharge shall be a percentage of the base fee and commodity charge provided for by LCMC 13.12.060, as specified by resolution of the city council. (Ord. 2004-02 § 1)

13.20.149 Grease traps – Responsible persons – Remedies for violations.

A. Responsible Persons. In relation to any food service establishment as to which person is a responsible person, a violation of any provision of these grease trap regulations or of LCMC 13.20.151 in relation to that establishment shall be considered a violation by that person.

B. Falsification of Written Maintenance and Training Records. Any person who has falsified any aspect of a food establishment’s written records in regard to grease trap maintenance, cleaning and employee training activities has committed a violation.

C. General Remedies. Violation of any provision of these grease trap regulations or of LCMC 13.20.151 shall be subject to LCMC 13.20.160.

D. Additional Remedies. In addition to, and not in place of, any penalties and remedies provided for by LCMC 13.20.160 or any other provision of the municipal code, the city may remedy a violation of any provision of these grease trap regulations or of LCMC 13.20.151 by any one or combination of the following, as determined appropriate by the director:

1. The food service establishment in violation shall become subject to the food service establishment surcharge established by LCMC 13.20.148 until such time as the establishment has eliminated the violation;

2. The persons responsible in relation to the food service establishment in violation shall become liable to reimburse the city for all expenses it incurs in order to mitigate the impact on the sewer system of the violation;

3. The city, following 30 days’ advance written notice to the food service establishment in violation and to the owner of the property, shall discontinue water service or sewer service, or both of them, to the establishment and to any other facilities served by the same water or sewer account. (Ord. 2014-04 § 5; Ord. 2004-02 § 1)

13.20.150 Enforcement authority.

The building official of the city shall assist the director of public works to the end that this chapter shall be effective and operable. (Ord. 84 § 7, 1969)

13.20.151 Food waste disposal units in food service establishments.

No food service establishment, as defined in LCMC 13.20.142, shall use a food waste disposal unit that discharges into the sewer system. (Ord. 2004-02 § 1)

13.20.160 Violation – Penalty – Alternative remedies.

A. Violation of any provision of this chapter constitutes a Class B violation and shall be dealt with according to the procedures established in Chapter 1.16 LCMC.

B. Any violation of this chapter is declared to be a public nuisance and the city may, as an alternate to other remedies that are legally available for enforcing this chapter, institute injunctive, abatement or other appropriate proceedings to prevent, enjoin temporarily or permanently, abate or remove the unlawful condition prohibited under this chapter. (Ord. 2015-10 § 6; Ord. 2014-04 § 6; Ord. 84 §§ 9, 10, 1969)