HomeMy Public PortalAbout2019_09_10_O015 Town Code Amendments to Chapter 34 (Utilities) Article III and Section 34 of Appendix B, Fee ScheduleThe Town of
Leesburg,
Virginia
ORDINANCE NO. 2019-0-015
PRESENTED: September 10, 2019
ADOPTED: September 10, 2019
AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS, AND GREASE (FOG)
PROGRAM); AND FEE SCHEDULE (APPENDIX B)
WHEREAS, the Town's public sanitary sewer system is a valuable and critical public
resource that has required, and will continue to require substantial investment by the Town; and
WHEREAS, the Town seeks to protect surface water quality and the public sanitary sewer
system from blockages, obstructions, and sanitary sewer overflows caused by the accumulation of
fats, oil, grease, grit, and hair discharged into the sanitary sewer system; and
WHEREAS, the Town desires to structure and implement a fair and orderly process for the
regulation of the disposal of fats, oils, grease, grit, and hair to protect the Town's sanitary sewer
system; and
WHEREAS, the 1950 Code of Virginia, as amended, sections 15.2-2111; 15.2-2112; and
15.2-2119 authorize the Town Council to regulate the disposal of fats, oils, grease, grit and hair;
and
WHEREAS, the Town of Leesburg's Department of Utilities ("Utilities") has identified
the need for Town Code amendments to clarify, and to further define various sections of Chapter
34 (Utilities), Article III (Sewers and Sewer Disposal), Division 3 (Fats, Oil, and Grease (FOG)
Program of the Town Code; and
WHEREAS, amendments to Appendix B — Fee Schedule of the Leesburg Town Code are
necessary to remove a redundant schedule of violations; and
WHEREAS, the Leesburg Town Council conducted an advertised public hearing prior to
approval of the proposed amendments.
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Chapter 34 (Utilities), Article III (Sewers and Sewage Disposal), Division
3 (Fats, Oils and Grease (FOG) Program) is hereby amended as follows:
Sec. 34-164. — Purpose and applicability.
(a) Purpose. The purpose of this division is to aid in preventing the introduction
and accumulation of fats, oils s agrease, grit and hair into the town's public
sewer system that may contribute to sanitary sewer overflows, blockages and
obstructions.
(b) Applicability. The provisions of this division shall apply to all food service
establishments and contributing non-residential facilities defined herein, within
the town's utility service area that are required under thecurrent Commonwealth
of Virginia/State Board of Health and Waterworks Regulations, Virginia
Uniform Statewide Building Code, and the International Plumbing Code to
have grease co tro devices and to all grease haulers providing disposal service to
any such food service establishment or contributing non-residential facility.
Sec. 34-165. - Definitions.
The following words and terms used in this division shall have the following
meanings, unless the context clearly indicates otherwise:
Device means any equipment used to collect, contain, and remove food waste,
fats, oils, grease, hair, grit or other substance from the wastewater while allowing
the remaining wastewater to be discharged to the town's wastewater collection
system. Devices include hydro mechanical grease interceptors, gravity grease
interceptors, hair traps, sand, oil, and grit interceptors, automatic grease removal
devices or other devices approved by the Director of Utilities.
Fats, oils and grease (FOG) means material, either liquid or solid, composed of
fats, oils or grease from animal or vegetable sources. Examples of FOG include, but are
not limited to, kitchen cooking grease, vegetable oil, bacon grease and organic polar
compounds derived from animal or plant sources that contain multiple carbon triglyceride
molecules. These substances are detectable and measurable using analytical test
procedures established in Title 40, Part 1356 of the Code of Federal Regulations (40 CFR
§ 136), as may be amended from time to time. -
Food service establishment means any place which prepares and/or packages
food or beverages (especially items as meat, poultry, seafood, fried foods, or dairy -
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
products) for sale or consumption on or off site, with the exception of private
residences. These may include, but not limited to, food manufacturers, butchers,
bakeries, restaurants, breweries, delis, food courts, ice cream shops, hospitals,
nursing homes, retirement homes, motels/hotels, truck stops, grocery stores,
churches, schools, jails and correctional facilities. eemmercialTinstitutionalr
required to have a grease control device under the Virginia Uniform Building Code or
Gravity, grease interceptor means a plumbing appurtenance or appliance,
designed by -a registered professional engineer, that is installed in a sanitary
drainage system to intercept non -petroleum fats, oils, and greases (FOG) from a
wastewater discharge and is identified by volume, 30-minute retention time,
baffle(s), a minimum of two compartments, a minimum total volume of 300 gallons,
a downstream inspection port and gravity separation. Gravity grease interceptors
are generally installed outdoors and on private property prior to entry into the
public sewer system.
Grease means fats, oils, and grease (liquid or solid) from an animal,
vegetable, or mineral source as identified by EPA Method 1664, Revision A. The
Town's action level is >100 mg/L as described in the Town's Sewer Use Regulations
Section 2.1 B (18).
intercepters, grease tr^ auto atic e e 0 a1 do other da „pp. rved_by
the town manager. -
Grease hauler means a transporter of waste or a contractor who collects the
contents of a grease interceptor or trap and transports it to a recycling or disposal facility.
A grease hauler may also provide other services related to grease interceptor maintenance
for a food service establishment or contributing non-residential facility.
ally to ted , .,de „d „d
vrcirr�i-ease-zii�ean� �"-sc+ i act�ire�d8'b'i•• o �,
> >
d; eh.a ed to the to n's sto ato ollection system b. ,ity
Grease removal device means an active, automatic device that separates and -
removes FOG from effluent discharge and that cleans itself of accumulated FOG at least
once every 24 hours utilizing electromechanical apparatus.
-4-
AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
Grease trap means a device typically located indoors and under the sink, designed
the wastewater collection system. Such devices are typically passive (gravity fed) and
Hair trap means a device designed to intercept, collect and restrict the
passage of hair into the sanitary sewer collection system.
Hydromechanical vrease interceptor (also known as grease trap) means a
plumbing appurtenance or appliance that is installed in a sanitary drainage system
to intercept nonpetroleum fats, oils, and grease (FOG) from a wastewater discharge
and is identified by flow rate, and separation and retention efficiency. The design
incorporates air entrainment, hydro mechanical separation, interior baffling, and/or
barriers in combination or separately, and an external flow control, with air intake
(vent).
Non-residential facility means any commercial or non-residential
establishment determined to discharge grease laden wastewater, grit, hair or illicit
discharge or produce oil and flammable liquid wastes but not limited to hospital,
automotive garage, aeronautical hangar, hair salon, barber shop, car wash with or
without water reclamation or water reuse equipment, laundromat, brewery, bottling
plant, or, factory. Non-residential facilities identified as contributing facilities are
required to have a device under the Virginia Uniform Statewide Building Code or
town's sewer regulations.
Oil means any greasy, combustible substance obtained from an animal,
vegetable, or mineral source. Oils are liquid at ordinary temperatures and soluble in
certain organic solvents, but not in water. Oil is more specifically referred to as
petroleum products, detected by EPA Method 8015. The town's action level is >100
mg/L and is described in the Town's Sewer Use Regulations, Section 2.4.
Oil/water separator means a device designed to separate oil from wastewater,
through the use of baffled compartments and corrugated plates (coalescing plates).
Public sewer system includes the pipelines or conduits, manholes, pumping
stations, force mains, and all other construction, devices, and appliances appurtenant
thereto, located within the Town of Leesburg and used for the conveyance of residential,
commercial or industrial sewage or wastewater or other wastes.
Renderable FOG container means a closed, leak -proof container for the
collection and storage of yellow grease.
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
Sand and/or Grit Interceptor means a devicedesignedto separate sand, grit,
or other inorganic particles from wastewater, prior to discharging to town's
sanitary sewer.
Town s the te<..., hi authorized desig ee
Virginia Uniform Statewide Building Code includes the model codes incorporated
by reference therein, including, specifically, the International Plumbing Code.
Yellow grease means FOG used in food preparation that has not been in contact or
contaminated with other sources such as water, wastewater or solid waste. An example of
yellow grease is fryer oil, which can be recycled into products such as animal feed,
cosmetics and alternative fuel. Yellow grease is also referred to as renderable FOG.
Sec. 34-166. - Devices.
(a) Food service establishment rRequirements. All food service establishments
established after the enactment of this ordinance mustshall have a install a
grease control device or devices which have been approved by the Director of
Utilities , and which meet all applicable requirements of the
Virginia Uniform Statewide Building Code. These devices must be installed and
maintained in accordance with the manufacturer's instructions, the Town of
Leesburg Sewer Use Regulations and Design and Construction Standards
Manual (DCSM)., a determined by the building code administrator
with -the -Town -of- heesbufg-Sewer-Use-Regulatiens-shall-be-cleemed-te-rneet-the
requirements of-thc section.
(1) New food service establishments. Except as provided in subsection (a)(2),
Nnew food service establishments established after the enactment of this
ordinance, including those operated by a new owner or upon a change of
use or for a different use, mustshall be required to install, operate and
maintain a grease control device in compliance with the requirements of the
Virginia Uniform Statewide Building Code. Grease control dDevices must
shall -be installed and registered in accordance with this section prior to the
issuance of a certificate of occupancy.
(2) Existing food service establishments. Food services establishments in
operation as of the effective date of the enactment of this ordinance
vision may continue to operate and maintain their existing
devices, provided such devices are in proper operating
condition and are not found to be contributing FOG in quantities sufficient
to cause line stoppages or to necessitate increased maintenance of the
sanitary sewer system. An existing food service establishment mustsl l
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG) -
PROGRAM)
(b)
install a new grease control device that complies with the requirements of
the Virginia Uniform Statewide Building Code if its lease control device
is determined by the Director of Utilities not to be in proper
operating condition or if the food service establishment is found to be
contributing FOG in quantities sufficient to cause line stoppages or to
necessitate increased maintenance of the sanitary sewer system. Existing
food service establishments without devices will be required to install
a device or devices if the Director -of Utilities determines the
establishment is contributing FOG in excess of defined discharge
limits or in quantities sufficient to cause sanitary sewer overflows, line
stoppages or increased maintenance of the sanitary sewer system.
(3) Renovations or expansions. Food service establishments that are renovated
or expanded shall, if required by the Virginia Uniform Statewide Building
Code, install new grease control devices meeting the requirements of such
code.
(1) Retrofitting. Existing food service establishments lacking approved grcase
control devices by reason of having been grandfathered from such
Such—gr-ease—eentrel—eleviees—shall—be—r-egister-ed—v4thin-3-0—days—ef
installatiefk
Non-residential facilities. Non-residential facilities shall be fitted with a device
or devices that have been approved by the Director of Utilities, and which
meet all applicable requirements of the Virginia Uniform Statewide Building
Code. These devices must also be installed and maintained in accordance
with the manufacturer's instructions and the Town of Leesburg Sewer Use
Regulations and Design and Construction Standards Manual (DCSM).
New non-residential facilities. New non-residential facilities, including
those operated by a new owner or after a change in use after the date
this ordinance is enacted, are required to install, operate and maintain
a device in compliance with the requirements of the Virginia Uniform
Statewide Building Code. Devices must be installed and registered in
accordance with this section prior to the issuance of a certificate of
occupancy.
(2) Existing non-residential facilities. Existing non-residential facilities in
operation as of the date this ordinance is enacted may continue to
operate and maintain their existing devices, provided such devices are
in proper operating condition and are not found to be contributing
FOG in excess of defined discharge limits or in quantities sufficient to
cause sanitary sewer overflows, line stoppages or increased
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
(bc)
maintenance of the sanitary sewer system. Existing non-residential
facilities must install a new device that complies with the
requirements of the Virginia Uniform Statewide Building Code if the
Director of Utilities determines that the device is not in proper
operating condition, or if the non-residential facility is found to be
contributing FOG in quantities sufficient to cause line stoppages or to
necessitate increased maintenance of the sanitary sewer system.
Existing non-residential facilities without devices will be required to
install a device or devices if the Director of Utilities determines the
establishment is contributing FOG in quantities sufficient to cause
line stoppages or to necessitate increased maintenance of the sanitary
sewer system.
Installation: n ease control E Devices mustshall be installed according to
manufacturer instructions by a plumber licensed in the Commonwealth of
Virginia. Every grease control device mustshall be installed and connected so that
it may be readily accessible for inspection, cleaning, and removal of the
intercepted food waste, fat, oil, grit, hair and grease at any time. All oil -water
separators and gravity grease interceptors must be installed outside of -
buildings. The location of a pretreatment device shall be identified prior to
construction, preferably during the construction plan review.
(d) Sizing requirements :for establishments.
Devices must be sized and designed in accordance with the sizing methods
identified by the Plumbing and Drainage Institute (PDI) or a licensed
professional engineer to afford the Town's sanitary sewer system a minimum
degree of protection against grease and other obstruction materials. Sizing
determinations shall be based on operational data provided by business
owners or their contractors. A drawing or plan with construction details,
sizing and location(s) of device(s) shall be submitted for review and approval
from the Director of Utilities. The Town does not accept liability for device
design inadequacies or failure of the system to adequately treat wastewater
to achieve effluent quality requirements specified under the Town's Sewer
Use Regulations. It is the responsibility of the food service establishment or
non-residential facility to ensure the appropriate level of treatment necessary
for compliance with the Town's Sewer Use Regulations and other applicable
local, state or federal requirements.
(ee)
Maintenance. Food service establishments and non-residential facilities shall
be responsible for the proper removal and lawful disposal of waste removed
from devices. No waste from devices shallbe discharged directly into the
wastewater collection system or wastewater treatment facility. All devices
must be maintained in a continuous satisfactory and effective operation as
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
described in the current Virginia Statewide Uniform Building Code. Grease
control dDevices shall be maintained as follows:
(1) Grease control dDevices mustshall be properly maintained at all times.
Maintenance sly includes the complete removal of all contents, including
floating material, hair, wastewater and settled solids. Decanting or
discharging of removed waste back into the grease interceptor or private
sewer line or into any portion of the town's wastewater collection system is
prohibited.
(2) Gravity gGrease interceptors mustshall be pumped out completely when
the total accumulation of surface FOG, including floating solids and settled
solids, reaches 25 percent of the overall liquid volume. At no time shall a
grease control Ddevices must be cleaned at leastless freg ent y than once
every three months unless approvedllewed by the Ddirector of Utilities for
good cause shown. Such approval will be granted on a case -by -case basis
upon submittal of a request by the food service establishment or non-
residential establishment documenting reasons for the proposed frequency
variance. The Director of Utilities willshall not approve any
request unless the applicant demonstrates that the frequency variance will
not result in the introduction of any greater quantities of FOG into the public
sewer system than would otherwise be introduced.
(3)
Grease traps and grease removal Hydro mechanical grease interceptor
devices and hair traps shall be opened, inspected and completely cleaned
of hair, food solids, -and fats, oils, grease and grit aud-grease a minimum
of once per week, unless allowed by the director for good cause shown.
Such approval will be granted on a case -by -case basis upon submittal for a
request by the food service establishment documenting reasons for the
proposed frequency variance. The director shall not approve any request
unless the applicant demonstrates that the frequency variance will not result
in the introduction of any greater quantities of FOG, grit or hair into the
public sewer system than would otherwise be introduced, and in no event
shall the content of food solids, FOG, grit or hairand-FOG exceed 25
percent of the overall liquid depth of the device.
(4) Devices in facilities other than those described in Sec. 34-166(d) must
be cleaned and pumped out no less frequently than once each year
unless approved by the Director of Utilities for good cause shown. Such
approval will be granted on a case -by -case basis upon submittal ofa
request by the facility documenting reasons for the proposed frequency
variance. The Director of Utilities will not approve any request unless
the applicant demonstrates that the frequency variance will not result
in the introduction of any greater quantities of FOG, grit, or hair into
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
4453
(5)
the public sewer system than would otherwise be introduced. The
Director of Utilities may establish a more frequent cleaning schedule if
the facility is found to be contributing FOG, grit or hair in excess of
defined discharge limits or in quantities sufficient to cause sanitary
sewer overflows, line stoppages or increased maintenance of the
sanitary sewer system. Devices shall be inspected monthly and
inspection, cleaning and maintenance records shall be retained for
three (3) years.
The Director of Utilities may establish a more frequent
cleaning schedule if the food service establishment or non-residential
facility is found to be contributing FOG, grit or hair in quantities sufficient
to cause line stoppages or to necessitate increased maintenance of the
wastewater collection system.
Unless authorized -by the Director of Utilities , the use of
additives including, but not limited to, products that contain solvents,
emulsifiers, surfactants, caustics, acids, enzymes or bacteria are prohibited
for use as grease management control; provided, however, that additives
may be used to clean the food service establishment or non-residential
facility drain lines so long as the usage of such additives will not cause
FOG, grit or hair to be discharged from the grease control device to the
sanitary sewer system. The use of additives shall not be substituted for the
maintenance procedures required by this section. The Director of
Utilities shall not approve the use of any additives unless he
is satisfied that such use will have no adverse effects upon the public sewer
system.
(dfD Waste disposal. Waste material from grease co tro' devices shall be disposed of as
follows:
(1) Waste removal from a grease trap hydro mechanical grease interceptor
mustshall be disposed of in the solid waste disposal system or by a grease
hauler certified by the Town of Leesburg. -
(2) Waste removed from a gravity grease interceptor mustshall be disposed of
at a facility permitted to receive such wastes. No materials removed from
interceptors shall be returned to any grease interceptor, private sewer line
or intoanyportion of the town's wastewater collection system.
Yellow grease mustshall be disposed of in a renderable FOG container in
which contents will not be discharged into the environment. Yellow grease
(3)
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
(eg)
mustshall not be poured or discharged into the town's wastewater collection
system.
(4) -Waste removal from contributing non-residential devices shall be
disposed of at a facility permitted to receive such wastes or by a grease
hauler certified to dispose of such waste.
Inspection, modification and repair. The Director of Utilities
hasshall have the authority to make such inspections as are authorized by law
during reasonable hours for the purpose of inspecting, observing, taking
measurement, sampling, testing or reviewing the records of the wastewater
collection system and grease control devices installed in a food service
establishment or non-residential facility to ensure that such food service
establishment is in compliance with this division. Operational changes,
maintenance and repairs required by the Director of Utilities
willshall be implemented as noted in the written notice issued to the food service
establishment or non-residential facility by the Director of Utilities
meager. The owner or occupant of spa food service establishment or non-
residential facility, or his/her designee, willshall be entitled to accompany the
Director of Utilities during such inspection. The Director of
Utilitiestewfrifianagef may require existing food service establishments or non-
residential facilities to modify or repair any non -compliant grease control device
and appurtenances within 30 days of written notification by the direeterDirector of
Utilities. The Director of Utilities may require existing food service
establishments and non-residential facilities to install new devices when
existing non -compliant devices cannot be modified or repaired in a manner
that meets current discharge requirements. The Director of Utilities
manager may grant extensions for good cause shown for a period not to exceed 6
months.
(€li) Recordkeeping. Food service establishments and non-residential facilities
mustshall maintain records meeting the following requirements:
(1) Food service establishments and non-residential facilities mustshall retain
and make available for inspection and copying records of all cleaning and
maintenance for the previous three years for all grease control devices.
Cleaning and maintenance records mustshall include, at a minimum, the
dates of cleaning/maintenance, the names and business addresses of the
company or person performing each cleaning/maintenance and the volume
of waste, including the percentage of grease and settled solids, removed in
each cleaning. Such records willshall be kept on site and shall be made
available to the Director of Utilities upon request.
AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
(2) Food service establishments mustshall retain and make available for
inspection and copying records of yellow grease disposal for the previous
three years. Yellow grease disposal logs mustshall include, at a minimum,
the dates of disposal, name and business address of the company or person
performing the disposal and the volume of yellow grease removed in each
cleaning. Such records mustshall be kept on site and shall be made available
to the Director of Utilities upon request.
(3)
Food service establishments and non-residential facilities mustshall retain
and make available for inspection and copying records of weekly
inspections and cleaning pursuant to (ee)(3) of this section for the previous
three years.
Sec. 34-167. - Discharge limits.
No person willshall discharge or cause to be discharged from any food service
establishment or non-residential facility any wastewater with FOG or other substances
harmful or hazardous to the public sewer system, the regional sanitary sewer system, or
sewage treatment plant or processes. Prohibited discharge standards, including
discharge limits are defined in Section 2 of the Town's Sewer Use Regulations.
Sec. 34-168. - Civil penalties; scheduled violations.
(a) Prior to the issuance of anv civil penalty and summons, applicable food
service establishments and non- residential facilities will receive a Letter of
Non -Compliance. Violators will have no more than 6 (six) months from the
date of the Letter of Non -Compliance before the issuance of a civil penalty
and summons. This period may be extended up to three (3) additional
months, if, in the opinion of the Director of Utilities, it can be demonstrated
that unique hardship conditions exist in the implementation of the program
standards.
Exeept f r the .;elation eifed in the sched„le of viol.,tions below end
witheut-ethenvise-limiting-the-remedies-whieh-may-be-ebtaineEl-under-this
divi ion the t„wn .Y, e ,. ere ea pe n..lty e ether
„l
(1) No order ., „1 p alty f r ., ol.,tie shall be : ed , .,til after the
alleged . elate,. ba3 bee„ p „ded e ortunity f r e hearing bef re the
town maniagcrexcept itT�m c e conseznt of tr the -alleged violator. T 3e notice -of
hearing shall be served personally or by registered or certified mail, return
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
„f t �31e alleged . ol.,t;o,, and the a „t of the pe alt,,,
Vl e
7
witnesses for the town. A verbatim record of the hearing shall be made.
findings o f f ct „a c c1„sion ,flaw a„a ; e the rde«
(2) No order issued by the town shall assess civil penalties in excess of
$32,500.00 per violation, not to exceed $100,000.00 per order, or such other
amount as may be allowed under Code of Virginia, § 62.1 '11.15 or any
Guccessor statute, except with the consent of the violator.
e et y of th «;e , olation Tt e exte„t of ., l ote„ti o ctu l a „tal
harm orrfracility-damageTthe comppliance - istory of ator, any economic
the p alty I addition to c .;le .,lties the order m.,y ; elude ., netary
n,1 f r costs attorne„ f es and tine« e „lting from the . olation
(4) Any civil penalty or other monetary assessment included in any such order
shall be payable as sct forth in thc order. Any unpaid balance at thc time
„/fy,V,ent „f the c ,il nalt„ o other monetary e„t is d„e .. be
(5)
bill for sewer services and collected in accordance with section 34 161 of the
Town Code.
Any order issued by the town manager, regardless of whether such order
review of any final order by appeal to the circuit court on the record of
proceedings before the director. To commence an appeal, the alleged violator
shall file a petition in circuit court within 30 days of the date of the fmal order,
t'ln�t„ de h.,l, titut ze« fthe-sight-tom-appeal ►Lith
e--cv��v-�xizrrrEoirscr a-�=&1� cry
respect to Ffi tters of 1.,„Tthe bu«de shall be r t e arty ks ee see . to
designate and demonstrate an error of law subject to review by the court. With
respect to issues of fact, the duty of the court shall be limited to ascertaining
whether the „bstantia ide .+ the ra te abl „pport
such -findings;
(b) Any violation listed in the following schedule, shall subject the violator to a
civil penalty of not more than $100.00 for the initial summons, not more than
$150.00 for each additional summons, and not more than a total amount of
$3,000.00 for a series of specified violations arising from the same operative
set of facts, as follows:
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AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
(1) The town may issue a civil summons ticket for a scheduled violation. Any
persons summoned or issued a ticket for a scheduled violation may make an
appearance in person or in writing by mail to the town's director of finance
and administrative services prior to the date fixed for trial in court. Any
person so appearing may enter a waiver of trial, admit liability and pay the
civil penalty established for the violation.
(2) If a person charged with a scheduled violation does not elect to enter a waiver
of trial and admit liability, the violation shall be tried in the general district
court in the same manner and with the same right of appeal as provided for by
law. In any such trial, the town shall have the burden of proving by a
preponderance of the evidence the liability of the alleged violator.
(3) An admission of liability or finding of liability under this section willshall not
be deemed an admission at a criminal proceeding, and no civil action
authorized by this section shall proceed while a criminal action is pending.
(4) Any civil penalties imposed pursuant to this subsection willshall be applied to
the purpose of abating, preventing or mitigating environmental pollution.
Schedule of Violations
1.
Failure to maintain cleaning and maintenance records.
2.
Failure to maintain yellow grease disposal records.
3.
Failure to device training.
maintain certified employee with completed grease control
3.4.
Failure to register grease control device(s).
4.5-
—
Failure to use certified grease hauler for grease control device rated over 50 gallons per
minute.
5.6
Failure to properly maintain grease control device.
6.7,
Failure to allow inspection of grease control device.
7.8,
Unauthorized use of additives including, but not limited to, products that contain
solvents, emulsifiers, surfactants, caustics, acids, enzymes or bacteria.
8.9,
Failure to have grease control device(s) meeting all applicable requirements of the
Virginia Uniform Statewide Building Code.
9.4-0,
Failure to make required modification or repair to a grease control device.
-14-
AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
Sec. 34-169. - Other violations and penalties.
(a) Any :ntertional o ,ill f ,l act „ to ast ; „ action e f any e f the r
`l4f ( 111,' 1114V1141V11(11 Vl V{r
of this division shall be punishable by a fine in the amount not to exceed $1,000.00
per violation. Each day that a continuing violation cxists shall constitutes a separate
offense, and any fines imposed under this division shall be applied to the purpose of
abating, preventing or mitigating environmental pollution.
(b) LalAny person who, intentionally or otherwise, commits any of the acts prohibited by
this division or who fails to perform any of the acts required by this division isle
liable to the town in an action at law for all costs of containment, cleanup, abatement,
removal and disposal of any substance unlawfully discharged into the wastewater
collection system, as well as the costs of any damages or regulatory fines imposed
upon the town that are proximately caused by such violations. Such costs arse
collectible by the town in accordance with the provisions of Code of Virginia, § 15.2-
2119.
(e) �In addition to any other remedy for the violation of this article, the town may
bring legal action to enjoin the continuing violation of this division, and the existence
of any other remedy, at law or in equity, issle no defense to any such action.
(d) ()-The remedies set forth in this section are cumulative, not exclusive, and it shall
not be a defense to any action, civil or criminal, that one or more of the remedies set
forth herein has been sought or granted.
SECTION II. That Section 34 of APPENDIX B FEE SCHEDULE be and the same is
hereby incorporated and shall be amended to read as follows:
Sec. 34 168. Fats Oils and Grease (FOG) Program; civil penalties; scheduled violations:
additional summons, and not more than a total amount of $3000.00 for a series of specified
,.1ations a g from the tive set e f f ts
Schedule of Violation)
4,
Failure to maintain cleaning and maintenance records.
2,
Failure to maintain yellow grease disposal records.
Failure to maintain certified employee with completed grease control device training.
- 15 -
AN ORDINANCE: TO AMEND CHAPTER 34 (UTILITIES), ARTICLE III (SEWERS AND
SEWAGE DISPOSAL) DIVISION 3 (FATS, OILS AND GREASE (FOG)
PROGRAM)
4.
Failure to register grease control device(s).
67
Failure to properly maintain grease control device.
Failure to allow inspection of grease control device.
Una therized , ef- dd;tive5 ; cluding but net limited t .ducts th t nt.,i,..
v iauuuivn� , , �'
$olye.,t� 1s; fem f �cau tics, acid3, b ter3�
�r�'rnc�� c¢rct , , , eiiz�rizcsi�i v%[c
9,
Failure to have grease control device(s) meeting all applicable requirements of the
Virginia Uniform Statewide Building Code.
�& Failure to make required modification or repair to a grease control device.
SECTION III. If any provision of this ordinance is declared invalid, the decision shall
not affect the validity of the ordinance as a whole or any remaining provisions of this ordinance
and the Leesburg Town Code.
SECTION IV. This Ordinance shall be effective upon its adoption.
PASSED this 10th day of September, 2019.
Town of Leesburg
ATTEST:
Clerk of Council
LF\LeesburgRMS\Town_Clerk\Ordinances\2019\0910 Town Code Amendments to Chapter 34 (Utilities) Article III and Section 34 of Appendix
B, Fee Schedule