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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