HomeMy Public PortalAbout2014-02 - SEWER USEORDINANCE 2014 -2
An Ordinance Amending and Updating Chapter 9. Utilities of the Greencastle City
Code Regarding Sewer Use
WHEREAS, it is necessary to amend the Greencastle City Code in order to reflect current
policies and procedures, and State and Federal requirements regarding wastewater and
sewer use.
NOW TI- IEREFORE, BE IT ORDAINED, by the Common Council of the City of
Greencastle that Chapter 9. Utilities, of the Greencastle City Code is hereby amended as
follows:
A. Article 7
1. Division 1. General Provisions.
a. Section 9 -64 shall be amended adding the following definitions, in
alphabetical order, to those definitions currently listed in Section, 9 -64 and
all definitions shall be re- lettered accordingly:
Best Management practices (BMP's) Schedule of activities, prohibition
of practices, maintenance procedures and other management practices to
prevent or reduce the introduction of "FOG" to the sewer facilities.
Chemical Oxygen Demand (COD) of sewage, sewage effluent, polluted
waters or industrial wastes is a measure of the oxygen equivalent of that
portion of the organic matter in a sample that is susceptible to oxidation by
a strong chemical oxidant The value of the test for Chemical Oxygen
Demand, as described in the latest edition of "Standard Methods for the
Examination of Water and Wastewater."
Compatible Pollutants means wastewater having or containing, (a)
measurable biochemical oxygen demand, (b) suspended solids, (c) pH, or
(e) additional pollutants identified or defined in the National Pollutant
Discharge Elimination System (NPDES) Permit for the treatment plant
that was designed to treat the pollutants.
Dilution The purposeful act of adding water, other liquids and /or
substances to the waste stream to dilute the true characteristics of the
wastewater discharge.
Direct Discharger means the discharge of treated or untreated wastewater
directly to the waters of the state.
Discharger Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer. Discharger shall mean
the same as User.
Effluent Any liquid outflow that discharges.
Fats, Oil and Grease (FOG) Any substance such as vegetable or animal
products, that is used in or is a byproduct of the cooking or food
preparation process, and that turns or may turn viscous or solidifies with a
change of temperature or other conditions.
Floatable Oil means Oil, fat or grease in a physical state, such that it will
separate by gravity from wastewater by treatment in a pretreatment facility
approved by the City of Greencastle.
Food Grinder Any device installed in the plumbing or sewer system for
the purpose of grinding food waste or food preparation byproducts for the
purpose of disposing it in the sewer.
Food Service Facility shall mean those establishments engaged in
activities of preparing, serving, or otherwise making food available for
consumption by the public, as well as private, residential or other non-
commercial facilities that regularly serve twenty -five (25) people or more
per day These establishments use one or more of the following
preparation activities. cooking by frying (all methods).baking (all
methods), grilling, sauteing, rotisserie cooking, broiling (all methods),
boiling, blanching, roasting, toasting or poaching. Also included are
infrared heating, searing, barbecuing and any other food preparation
activity that produces a hot, non - drinkable food product in or on a
receptacle that requires washing. These facilities include but are not
limited to restaurants, commercial kitchens, caterers, schools, correctional
facilities, care institutions. colleges, fraternities and sororities, grocery
stores. food manufacturers, food processors, hospitals, hotels and motels,
prisons, nursing homes and any other facility preparing, serving, or
otherwise making any foodstuff available for consumption.
Garbage means solid wastes from the preparation, cooking, and
dispensing of food and from the handling, storage, and sale of produce.
Grease shall mean fats, waxes, free fatty acids. calcium and magnesium
soaps, mineral oils and certain other non -fatty material from animal or
vegetable sources, or from hydrocarbons of petroleum origins, commonly
found in wastewater from food preparations and food service. Grease may
originate from, but not be limited to, discharges from scullery sinks, pot
and pan sinks, dishwashmg machines, soup kettles and floor drains located
in areas where grease - containing materials may exist
Grease Interceptor A multi- compartment device that is constructed in
different sizes and is generally required to be located, in accordance with
Indiana plumbing codes, underground between a food service
establishment and the connection to the sewer system. These devices
primarily use gravity to separate FOG from the wastewater as it moves
from one compartment to the next. This device must be cleaned,
maintained, and have the FOG removed and disposed of in a proper
manner on a regular interval to be effective.
Grease Trap shall mean a device for separating and retaining waterborne
greases and grease complexes prior to the wastewater exiting the trap and
entering the sanitary sewer collection and treatment system. Such traps
are typically compact under- the -sink units that are near food preparation
areas. This type of grease control device is used to serve individual
fixtures/si nks.
Hauled or Trucked Pollutants means wastes, including Holding Tank
Waste, that is trucked or hauled from any location prior to discharge to the
POTW treatment plant, collection system, or by any other conveyance.
Incompatible Pollutant means any pollutant that is not defined as a
compatible pollutant, including non- biodegradable dissolved solids.
Industrial User means an indirect discharger.
Infiltration means the water entering a sewer system, including building
drains and sewers, from the ground, through means such as, but not
limited to, defective pipes, pipe joints, connections, or manhole walls.
Infiltration does not include and is distinguished from inflow.
Infiltration /Inflow means the total quantity of water from both
infiltration and inflow without distinguishing the source.
Inspector means the person or persons duly authorized by the City of
Greencastle to inspect wastewater facilities, FOG facilities, and or, the
City's sewage collection system.
Interference means discharge, which alone or in conjunction with a
discharge or discharges from other sources, inhibits or disrupts the POTW,
its treatment processes or operations or its sludge processes, use or
disposal; and therefore, is a cause of a violation of any requirement of the
City's NPDES permit including an increase in the magnitude or the
duration of a violation, or of the prevention of sewage sludge use or
disposal in compliance with any of the following statutory /regulatory
provisions or permits issued there under, or any more stringent State or
local regulations: Section 405 of the Act, the Solid Waste disposal Act,
including Title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); any State regulations contained in any State
sludge management plan prepared pursuant to Subtitle D of the Solid
Waste Disposal Act, the Clean Air Act; the Toxic Substances Control Act:
and the Marine Protection, Research, and Sanctuaries Act.
Notice of Violation shall include any official, written Notice from the
City or an appointed representative providing notification of deficiency or
violation of one or more of Greencastle's Sewer Use Ordinances.
NPDES The National Pollutant Discharge Elimination System; the permit
issued to control the discharge of liquids and /or solids to surface waters of
the United States.
Permittee shall mean a person who has received a permit from the City of
Greencastle to install and operate a FOG facility.
POTW or Publicly Owned Treatment Works means a treatment works
which is owned by a municipality as defined by section 502(4) of the
Clean Water Act. This definition includes any devices and systems used
in the storage, treatment, recycling and reclamation of municipal sewage
or industrial wastes of a liquid nature. It also includes all sewers, pipes
and other conveyances that transfer wastewater to a POTW. The term also
means the municipality which has jurisdiction over the indirect discharges
to and the discharges from such a treatment works. For purposes of this
policy, the terms "sanitary sewer system" and "POTW" may be used
interchangeably.
Properly Shredded Garbage shall mean the wastes from the preparation,
cooking, and dispensing of food that has been shredded to such a degree
that all particles will be carried freely under the flow conditions normally
prevailing in public sewers.
Remodeling A physical change or operational change causing generation
of the amounts of FOG that exceeds the current amount of FOG discharge
to the sewer system by the Food Service establishment in an amount that
alone or collectively causes or creates a potential for SSO's to occur or
exceeding a cost that requires the need for a building permit to be issued.
Sewer Facility or System Any property belonging to the City of
Greencastle used in the treatment, reclamation, reuse, transportation or
disposal of wastewater or sludge.
Slug Load or Slug. Any discharge at a flo\N rate or concentration of
pollutant or pollutants which could cause a violation of the prohibited
discharge standards in this ordinance. A non - routine discharge that can
adversely affect the POTW's operation and its ability to comply with its
current NPDES permit.
B. Article 6
SSO or Sanitary Sewer Overflow is a condition whereby untreated
sewage, which could include FOG'S, is discharged into the environment
prior to reaching treatment facilities thereby escaping wastewater
treatment.
User shall mean any person who discharges or casues a discharge of
wastewater directly or indirectly to a public sewer system. User
means the same as Discharger.
2. Division I1. General Sewer Requirements.
a. Section 9 -71 b.
i. Subsection (8) shall be amended to read as follows:
(8) Trucked or hauled pollutants unless the discharger has been
given prior written authorization by the Superintendent. The
authorization shall also define the discharge point.
ii. Subsections 17 and 18 shall be added as follows:
(17) A pollutant from any source of non - domestic wastewater that
could pass through or cause interference with the operation or
performance of the POTW.
(18) Unusual volume of flow or concentration of wastes constituting
a "slug."
3. Division IV. Wastewater Discharge Permit Application. Delete entire
Division including Sections 9 -91 through 9 -98.
1. Section 9 -48 (a) shall be amended to read as follows:
No unauthorized person shall uncover, make any connections with or opening
into, use, alter, or disturb any public sewer or appurtenance thereof without
first obtaining a written permit from the Approving Authority. The owner or
his agent shall make application on a form furnished by the City.
Supplemental information or materials may be required by the Approving
Authority before a decision on connection can be made. The City may deny
applications on the basis that the future connection might adversely affect the
sewer system, wastewater treatment plant operation or structure of the
POTW's receiving stream.
2. Section 9 -49 Grease Interceptor /Trap Policy shall be moved and shall be
renamed Division IV and shall be titled, Division IV. Fats, Oil and Grease
(FOG) Facilities. The definitions formerly contained in Section 9 -49 shall be
moved and merged into Section 9 -64, above. Division IV shall read as
follows:
Division IV. Fats, Oil and Grease (FOG) Facilities
Section 9 -91. Purpose, Policy, and Administration
The purpose of this policy is to regulate the generation and disposal of grease
waste for the protection of the City of Greencastle POTW and the
environment. The objective of this policy is to reduce the operational and
maintenance cost of maintaining the POTW and collections system and to
ensure compliance with the City's National Pollutant Discharge Elimination
System (NPDES) permit by preventing the accumulation of fats, oil, and
grease within the sewer collection system.
This policy shall apply to food service facilities within the Greencastle city
limits and to persons outside the city limits who, by contract or agreement
with the City, are users of the City's sewage treatment plant and wastewater
collection system.
Section 9 -92. Applicability and Prohibitions:
(1) This policy applies to all Food Service Facilities that are users of the
Greencastle Publicly Owned Treatment Works (POTW), as defined in Chapter
9, Article 5 sec 9 -48 (1) of the Greencastle City Code. Grease
interceptors /Traps are not required for other users.
(2) Food Service Facilities generating fats, oils, or greases as a result of food
manufacturing, processing, preparation, or food service, shall install, use, and
maintain appropriate Grease Interceptors /Traps as defined in Chapter 9 Article
5 sec. 9 -48 (1) of this policy.
(3) No user may intentionally or unintentionally allow the direct or indirect
discharge of any petroleum oil, non- biodegradable cutting oil, mineral oil, or
any fats. oils, or greases of animal or vegetable origin into the POTW system
in such amounts as to cause interference with the collection and treatment
system, or as to cause pollutants to pass through the treatment works into the
environment
Section 9 -93 Compliance Date
(1) On or after the effective date of the policy an existing facility shall be
required to install an approved, adequately sized, and properly operated and
maintained Grease Interceptor /Trap no later than January 1, 2011.
(2) Existing facilities required by this or any other applicable ordinance or
policy to maintain a Grease Interceptor /Trap presently equipped with an
undersized or improper Grease Trap shall, install an adequately sized Grease
Interceptor /Trap in accordance with the specifications of this policy no later
than January 1, 2011.
(3) New facilities required by this or other applicable policies or ordinances to
maintain a Grease Interceptor /Trap shall install such a unit prior to
commencement of discharge to the POTW.
(4) Any requests for extensions to installation dates must be made in writing
to the City Utility Superintendent at least thirty (30) days in advance of the
User's failure or inability to comply with the compliance date set forth. The
request must describe the additional time needed to complete the remaining
work and the steps to be taken to avoid future delays. The City shall determine
the date for compliance. Requests based on monetary considerations will not
be accepted.
Section 9 -94 Discharge Criteria
(1) Where fats and Grease are a byproduct of food preparation and or /cleanup,
reasonable efforts shall be made to separate fats and grease into a separate
container for proper disposal Fats and grease shall not be discharged to any
drain or Grease Interceptor /Trap, except as contained in byproducts of food
preparation and /or clean up Such waste shall be placed in a container
designed to hold such waste and either sent to an appropriate processing
facility or disposed of at an approved location.
(2) None of the following agents shall be placed directly into a grease trap or
into any drain that leads to an interceptor /grease trap:
(a) Emulsifiers, de- emulsifiers, surface active agents, enzymes,
degreasers, or any type of product that will liquefy Grease Interceptor
wastes.
(b) Any substance capable of passing the solid or semi -solid contents
of the Grease Interceptor /Trap to the POTW.
(3) The influent to Grease Interceptors /Grease Traps shall not exceed 140
degrees Fahrenheit.
(4) Toilets, urinals, and other similar fixtures shall not discharge through a
Grease Interceptor /Grease Trap.
(5) No food waste disposal unit or dishwasher shall be connected to or
discharge into Grease Interceptor /Grease Trap.
Section 9 -95. Grease Interceptor /Trap Permit
(1) Any Food Service Facility is required to obtain a permit from the City
known as a "Grease Interceptor /Grease Trap Permit."
(2) Any new food service facility is subject to Grease Interceptor /Grease Trap
requirements. All such facilities must obtain prior approval from the City for
Grease Interceptor /Grease Trap sizing prior to or when submitting plans for a
building permit.
(3) Grease Interceptor /Grease Trap Permit applications shall be completed and
filed with the Utilities Department. Plans shall be provided with the
application indicating the location and design details for the proposed Grease
Interceptor /Trap. Which Grease Interceptor or a Grease Trap(s) is required
depends on the requirements of the structure and includes such factors as
whether the structure is existing, limitation of installation sites, amount of
grease estimated to be collected and number of facilities served by the
trap /interceptor. The City shall determine whether the plans submitted in the
application will sufficiently serve the facility and may require additional
BMP's or equipment to be installed.
(4) Permits shall be issued for a specified time not to exceed five (5) years.
The terms and conditions of the permit may be subject to modification by the
City Utilities Department during the life of the permit, due to changes in state
and federal law or other factors. The permittee shall be informed of any
proposed changes in the permit at least thirty (30) days prior to the effective
date of change. Any new conditions in the permit shall include a reasonable
time schedule for compliance. After five (5) years from the original permit
issue date, the permit shall be renewed by submitting a new permit
application.
(5) Grease Interceptor /Trap sizing and installation shall conform to the current
engineering practices, the Indiana Plumbing Code, and the Universal
Plumbing Code and recommended practices of the Plumbing and Drainage
Institute.
(6) Grease Interceptors /Traps shall be installed at a location where it shall be
easily accessible for inspection, cleaning, and removal of intercepted grease.
Location of the Grease Interceptor /Trap must meet the approval of the City
and health code requirements.
(7) If a facility believes the installation of a Grease Interceptor or Trap is
infeasible because of documented space constraints, it must request an
alternative
(8) Access manholes, with a minimum diameter of twenty (20) inches, shall
be provided over each Grease Interceptor chamber and sanitary tree. The
access manholes shall extend at least to finished grade and be designed and
maintained to prevent water inflow or infiltration. The manholes shall also
have readily removable covers to facilitate inspection, grease removal, and
wastewater sampling activities.
(9) Upon approval by the City, a Grease Trap or Interceptor complying with
the provisions of this section must be installed in the waste line leading from
sinks, drains, and other fixtures or equipment in food service facilities where
grease may be introduced into the drainage.
(10) Grease Interceptor /Traps required under this policy shall be installed
outdoors unless the City authorizes the installation of an indoor Grease
Interceptor /Trap or other alternative pretreatment technology.
(1 1) All facilities receiving a permit will be subject to annual inspections.
These inspections will be initiated within one year after the adoption of this
policy. Inspection fees will be assessed as described in subsection 7 below.
(12) Permittees are required to pay an application fee of $100.00, which shall
include the initial inspection.
(13) Each year thereafter, Permittees are required to pay an annual inspection
fee of $100.00.
(14) Permits shall be issued only for specific users for specific operations. As
a result of any sale, lease, or transfer of the premises for which the permit was
issued, a new permit shall be required. Any new or changed conditions of
operation shall also require that a new permit be issued.
Section 9 -96 Grease Interceptor /Trap Permit Compliance Requirements
(1) All Permittees shall engage in Best Management Practices, as outlined in
documentation provided to the Permittee by the City with the Grease
Interceptor /Grease Trap Permit application.
(2) All such Grease Interceptor /Traps shall be serviced and emptied of
accumulated waste content as required in order to maintain minimum design
capability or effective volume. These devices should be inspected at least
monthly Users who are required to maintain a Grease Interceptor or Trap
shall:
(a) Provide for a minimum hydraulic retention time in accordance with
the engineering guidelines.
(b) Remove any accumulated grease, sludge, and organic material as
required.
(c) Be kept free of inorganic solid materials such as grit, rocks, gravel
sand, eating utensils, cigarettes, shells, towels, rags, etc., which could
settle into this pocket and thereby reduce the effective volume of the
device
(3) Maintenance records on grease interceptor /trap cleaning and pumping
must be maintained for three (3) years and must be available for inspection on
the premises.
(4) The permit may be revoked by the City if the Permittee is found to be in
violation of this chapter and:
(a) Fails to install grease pretreatment devices as required by the permit;
(b) Fails to fulfill reporting requirements or pretreatment maintenance as
required by the permit;
(c) Refuses reasonable access to the Permittees's premise for the purpose
of inspection or monitoring;
(d) Violates any conditions of the permit.
Section 9 -97. Violation
(1) It is unlawful for any user to discharge into the POTW in any manner that
is in violation of this policy, or of any condition set forth in this ordinance.
Additionally, a person commits an offense if the person causes or permits the
plugging or blocking of or otherwise interferes with or permits interference
with a grease interceptor /trap or the POTW, including alteration or removal of
any flow constricting devices so as to cause flow to rise above the design
capacity of the interceptor /trap.
(2) No person, and /or facility shall discharge grease into the POTW, except as
expressly authorized by the policy. If such discharge occurs, the person or
facility shall be considered in violation of this policy and subject to the
remedies described herein. This includes non- permitted facilities.
(3) In addition to prohibiting certain conduct by persons, it is the intent of this
article to hold a corporation, association, LLC, LLP, PS or other entity or
organization legally responsible for prohibited conduct performed by an agent
acting on behalf of such an entity and within the scope of his /her office or
employment.
Section 9 -98. Enforcement
(1) Except as provided herein, for a period of six (6) months following
adoption of this policy, although installation of grease interceptors /traps will
be required to be installed, no enforcement actions will be taken under this
policy for failure to achieve limits of grease discharges from the facility unless
such discharges are found to be intentional. If, during this six (6) month
period, there is an obstruction of a sewer main(s), the City will take
appropriate enforcement actions in the form of a written citation with date for
compliance issued to the responsible person on site. The focus of the citation
shall be educational.
(2) All future violations will be classified as Major or Minor events as
indicated below. Each day a violation occurs constitutes a separate offense.
(a) Minor Violations shall be defined as violations that created a
blockage in a sewer line, but no damage was done to other property
owners of other users of the collection system and no overflows
occurred. Any person violating any of the provisions of this policy
shall be subject to the following:
(i) 1 Minor Offense $500.00 civil fine
(ii) 2 " Minor Offense 1,000.00 civil fine
(iii) 3rd Minor Offense $1,500.00 civil fine
Consistent violations will result in a $500 increase in civil penalty and
may result in termination of service.
(b) Major Violations shall be defined as a violation caused by a
person or entity that created blockage of a collection system line
and /or caused damage to other property or other users of the
collections system Any person violating any of the provisions of this
policy shall be subject to the following:
(i) 1 Major Offense- a notice of violation will assessed for the
cost of the removal of the blockage and any damages to other
property and /or other users of the collection system, and a
possible monetary penalty of no less than $500.00.
(ii) 2" Major Offense within a twelve (12) month period, a
Notice of Violation shall be issued with a penalty of no less
than $1000.00 in addition to the cost of the removal blockages
and /or damage done to property and /or other users of the
collections system. Additional costs or penalties could be
assessed by State and Federal agencies. The discharger shall be
informed that a future occurrence could result in termination of
City water service.
(iii) 3rd Major Offense within a two -year period, a Notice of
Violation shall be issued with a penalty of no less that
$2,500.00 per violation, in addition to the cost of the removal
of blockages and /or damage done to property and /or other
users of the collections system. Additional costs or fine could
be assessed by State and Federal agencies and the City could
terminate the User's water service. If water service is not
terminated, the discharger shall be informed that a future
occurrence could result in termination of City water service.
Section 9 -99. Appeal Process
(1) The Board of Public Works and Safety shall hear and decide appeals when
it is alleged there is an error in any requirement, decision, or determination
made by the City, its Building Inspector or Utility Superintendent, in the
enforcement or administration of this policy.
/ WA
Mark1\1 Hammer
Terry Smith
ATTEST•
(2) Appeals must be made in writing to the Greencastle Board of Public
Works and Safety for the City of Greencastle not more than thirty (30) days
after the decision or action taken by the City. Failure to comply with this time
requirement shall constitute a waiver of the User's right to appeal.
Section 9 -100. Authorization
City Council and /or the Board of Public Works and Safety are authorized to
promulgate such rules and regulations as shall be reasonable and necessary to
carry out the provisions of this ordinance according to its terms and intent If
any part or parts of this policy shall be held to be invalid, such invalidity shall
not affect the remaining parts of this ordinance.
This Ordinance shall have full force and effect upon passage of the Greencastle Common
Council and its approval by the Mayor.
PASSED AND ADOPTED by the Common Council of the City of Greencastle,
Indiana this day of 2014
Adam VI Jin e S. Bingham
�, vvv
yl a Dunbar, Clerk- Treasurer
Phyllisokicki
Approved and signed by me this \V" day of 2014, at
o'clock
Sue Murray, Mayor