The purpose of this article (also referred to herein as the
"FOG Article") is to protect the environment by preventing raw sewage
overflows and backups into basements caused by grease hardening in
sewer lines causing blockages.
The following definitions shall apply to this article:
ADMINISTRATOR
The Sewer Administrator of the Town of Cromwell or persons
authorized by the CWPCA to approve FDPs, FHPs and grease trap requirements.
AUTOMATIC GREASE RECOVERY UNIT (AGRU)
An indoor grease trap (A trap may also be referred to as
an interceptor.) that separates grease from wastewater by active mechanical
or electrical means. Such traps are typically compact under-the-sink
units and should be as far away as possible from grease-bearing (cleaning)
equipment like dishwashers, before exiting the building. See definition
of "grease trap."
BEST MANAGEMENT PRACTICE (BMP)
The practices and procedures of a facility designed to prevent
or minimize environmental damage. BMPs include, but are not limited
to, treatment requirements, operating procedures, practices to control
spillage or leaks, grease disposal, or provide drainage from material
storage.
CROMWELL WATER POLLUTION CONTROL AUTHORITY (CWPCA)
The CWPCA of the Town of Cromwell as created by a Special Town Meeting on April 28, 1965, with all the powers, purposes and objectives as set forth in Chapter
103 of the General Statutes of Connecticut, Revision of 1958 and amendments thereto.
FATS, OILS, AND GREASE (FOG)
Any fats, oils and grease generated from the food preparation
process. All are sometimes referred to as "grease" or "greases".
FOG DISCHARGE PERMIT (FDP)
A permit issued by the CWPCA authorizing the discharge of
wastewater to the public sanitary sewer system from a FPE.
FOOD PREPARATION ESTABLISHMENTS (FPE)
Establishments that engage in cooking methods that have the
potential to produce fats, oils and grease, including facilities that
are regulated by the local Health Department and are classified as
a Class III or Class IV food service establishment (FSE), as defined
by the State Health Code; or are regulated by the Connecticut Department
of Consumer Protection. These facilities include, but are not limited
to, restaurants, hotel kitchens, hospitals, school kitchens, bars,
factory cafeterias, clubs, prisons and commercial bakeries. Industrial
food processing facilities are not regulated by this article.
GREASE DISPOSAL FACILITY (GDF)
A regional collection/transfer/disposal site approved in
accordance with the law for the disposal of FOG. This means a Department
of Environmental Protection (DEP) approved publicly/privately owned treatment works that
is for the separation and disposal of FOG by incineration or other
methods. Pursuant to Section 22a-174-33 of the Regulations of Connecticut
State Agencies related to Title V source, an in-state regional incinerator
must have an operating permit that lists FOG as a source of fuel.
GREASE TRAP
The term "grease trap" is used collectively to mean both
AGRUs and outdoor grease traps.
HAULER
Any person that collects the contents of a grease trap and
transports it to a grease disposal facility. A hauler may also provide
other services to food preparation establishments related to trap
maintenance.
INSPECTOR
The person or persons duly authorized by the CWPCA to inspect
and approve all grease traps and grease BMPs at food preparation establishments
discharging to the public sanitary sewer system.
MINIMUM DESIGN CAPABILITY
The design features of a grease trap and its ability or capacity
required to effectively intercept and retain grease from grease-laden
wastewaters discharged into the public sanitary sewer system.
OUTDOOR GREASE TRAP
A structure or device designed for the purpose of removing
and preventing FOG from entering the public sanitary sewer system.
These devices are often below-ground units built as two-or-three-chamber
baffled tanks. Traps shall have at least one inspection hatch at grade
per chamber to facilitate inspection, cleaning and maintenance by
a hauler. See definition of "grease trap."
PERMITTEE
The permittee represents the FPE and is authorized by the
issuance of a FDP to initiate, create, originate or maintain a wastewater
discharge from the FPE. The permittee shall be the same individual
who holds the food service license for the facility.
PERSON
Any individual, firm, association, society, corporation or
group.
PUBLIC SANITARY SEWER SYSTEM
A sewer in which all owners of abutting properties have equal
rights and which is controlled by a public authority. Includes the
main pipe, manholes and other structures and equipment appurtenant
thereto controlled and maintained by the CWPCA for the conveyance
of sanitary sewage.
RENDERABLE GREASE
The uncontaminated fats, oils and grease from the food preparation
process that can be used as a source of material that is free of impurities
and can be recycled into products such as animal feed or cosmetics.
USER
Any person, including those located outside the jurisdictional
limits of the Town of Cromwell, who causes or permits the contribution
or discharge of wastewater into sanitary sewers within the Town's
boundaries, including entities that contribute such wastewater from
mobile sources, such as those who discharge hauled wastewater.
All licensed FPEs discharging wastewater to the public sanitary
sewer system are subject to the following requirements.
A. Permitting.
(1) All FPE permittees shall be required to apply for and obtain a "FOG
discharge permit" (FDP) from the CWPCA. The CWPCA shall approve or
deny all applications for the FDPs in accordance with the policies
and regulations established in this article. The FDP shall be in addition
to any other permits, registrations, or occupational licenses, which
may be required by federal, state or local law. It shall be a violation
of this article for any FPE identified by the CWPCA to discharge wastewater
containing fats, oils, and grease to the public sanitary sewer system
without a current FDP.
(2) Following the initial enactment of this FOG Article, any modification
to this FOG Article shall become effective on January 1 of the year
following enactment of such modification, but in no case shall a modification
of the FOG become effective less than 60 days from adoption of such
modification.
B. Application form. The CWPCA shall provide an application form for
a FDP to all FPEs. All FPEs shall obtain an FDP. All existing FPEs
shall submit a completed application form within 30 days of receipt
of the form or prior to the expiration of their valid FDP. New FPEs
shall obtain a FDP prior to issuance of a food service license. Each
application form submitted shall include the following information.
(2) A drawing in sufficient detail to show the location of all kitchen
equipment that produces or discharges wastewater, including sinks,
dishwashers, floor drains, grease traps, sanitary sewer connections
and appurtenances in the user's premises if known or readily
available.
(3) Hours of facility operation.
(4) For existing FPEs, documentation of all grease trap maintenance within
the past year.
(5) A signed statement by the permittee or by the duly authorized representative
of the permittee that the information or report is accurate, and that
the applicant agrees to abide by the regulations contained in this
article, as well as all applicable federal or state laws, including
any applicable regulations.
C. Application procedure. Filing of a completed application form with fee will initiate the review process that consists of confirming the information supplied on the application and inspection of the facility to ensure compliance with this article. Pre-permit inspections shall occur not more than 45 days from the date of application. Reinspections shall occur not more than 45 days from the date of the last inspection that the facility was found to be in noncompliance. A written report shall be supplied to the FPE detailing the compliance status and any required action. If more than two application inspections are required to bring a facility into compliance, an additional fee as provided for in §
193-21 and Attachment A shall be charged for each additional inspection. A FOG
discharge permit shall be issued to the permittee within 14 days of
verification of compliance with this article.
D. FOG discharge permit (FDP).
(1) Each FDP shall be effective for a one-year period and shall have
an effective expiration and renewal date.
(2) The FDP must be displayed in a prominent location where staff can
see it and a copy kept in the records file.
(3) A FDP shall not be transferred or sold to a new owner. A new owner
is required to apply to the CWPCA for a new FDP.
(4) An application for renewal of a FDP and the fees as provided for in §
193-21 shall be submitted at least 30 days prior to expiration of an existing FDP. Failure to maintain a valid FDP shall be a violation of this article.
(5) The terms and conditions of the permit are subject to modification
by the CWPCA during the term of the permit. If due to changes in this
article, modifications to a facility are required in order to remain
in compliance, the permittee shall be informed at least 60 days prior
to the effective date of the new requirement or 60 days prior to the
expiration date of the existing permit.
E. Entry. Each FPE shall allow the inspectors of the CWPCA, bearing proper identification, access at all reasonable times to all parts of the premises for the purpose of inspection, observation, records examination, measurements, sampling and testing in accordance with the provisions of this article. The refusal of any FPE to allow the inspector official entry for purposes of inspection or performing such other duties as shall be required shall constitute a violation of this article. The CWPCA may pursue legal action as provided for in §
193-23 as may be advisable and reasonably necessary for inspectors to carry out their duties.
F. Inspection. All FPEs shall be inspected as follows:
(1) Pre-permit inspections. Shall be conducted by the inspector as established
in this section.
(2) Inspections. The inspector shall inspect the FPE on an unscheduled basis after a FDP has been issued to confirm compliance with the requirements of this article. All FPEs with a current FDP shall be inspected. Inspections shall include all equipment, food processing, cleanup and storage areas and shall include any area that produces wastewater discharge to the grease trap. The inspector shall also inspect the grease trap maintenance logbook and file, other pertinent data to the grease trap and may check the level of the trap contents and/or take samples/measurements as necessary. The inspector shall record all observations in a written report. Any deficiencies as provided in §
193-20 of this article shall be noted.
G. Reinspections. The CWPCA will reinspect the FPE which receives deficiency notices a minimum of 30 days after original inspection and will provide written notice of compliance or noncompliance as the case may be. In the event of continuing noncompliance, successive reinspections shall be scheduled and appropriate fees as established in §
193-21 shall be charged to the FPE concerned.
H. Violation reporting.
(1) A permittee shall immediately notify the CWPCA by telephone upon
learning or having reason to believe that a discharge may cause a
sewer blockage or adversely affect the public sanitary sewers and
initiate corrective action to prevent further violations.
(2) The permittee shall report, in writing, such violation and corrective actions taken to the CWPCA within five days of the permittee learning of such violation. Failure to report may result in a fine pursuant to §
193-23.
Requirements: All FPEs are required to have an outdoor grease
trap or inside AGRU. The requirements in this article are in addition
to any applicable requirements of the Department of Environmental
Protection (DEP) General Permit for the Discharge of Wastewater Associated
with Food Preparation Establishments, International Plumbing Code
and the Plumbing and Drainage Institute (PDI) as adopted by the office
of the State Building Inspector.
A. New establishments. On or after the effective date of this article, FPEs which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include an FPE, shall be required to install, operate and maintain an outdoor grease trap according to the requirements established in Subsection
D, with the exception of those establishments where inadequate space is available for the installation of an outdoor grease trap or who receive a variance of such requirement from the CWPCA, in its sole discretion.
B. Existing establishments.
(1) All FPEs existing within the Town of Cromwell prior to the effective date of this article shall submit an application and obtain a permit to operate and maintain existing outdoor grease traps, provided they meet the requirements. Indoor passive grease traps shall be replaced with an outdoor grease trap or AGRU as determined by the CWPCA. The requirements for outdoor grease traps and AGRUs shall meet the requirements as established in §§
193-17 and
193-20.
(2) On or after the effective date of this article, the CWPCA may require
an existing FPE to install, operate and maintain a new grease trap
that complies with the requirements of this article or to modify any
noncompliant plumbing or existing trap within 30 days of written notification
by the CWPCA when any of the following conditions exist:
(a)
The establishment is found to be contributing grease, in quantities
to cause line stoppages, or increasing maintenance on the public sanitary
sewer system.
(b)
The establishment does not have a grease trap.
(c)
The establishment has an undersized, irreparable, or defective
grease trap
(d)
The existing establishment is sold or undergoes a change of
ownership.
(e)
Remodeling of a kitchen, which requires a plumbing permit to
be issued by the Town of Cromwell.
(f)
The establishment has not operated as an FPE for one year prior
to receiving the FDP application form.
C. Variance from outdoor grease trap requirements. An AGRU may only
be installed when authorized by the CWPCA, in its sole discretion,
after the FPE has sufficiently demonstrated to the CWPCA that the
installation of an outdoor grease trap would not be feasible due to
space constraints or other relevant considerations. The FPE shall
request a variance in writing, which shall contain the following information:
contact information, location of sewer main and easement; and existing
plumbing drawing, reason or circumstance that the variance is being
requested.
D. Outdoor grease trap. Outdoor grease traps shall be installed in all FPEs except where a variance was approved by the CWPCA as described in Subsection
C. All new and existing outdoor grease traps shall meet the following criteria:
(1) Trap design and location. Outdoor grease traps shall have a minimum
of two compartments and shall be capable of separation and retention
of grease and storage of settled solids. Access manholes with a minimum
diameter of 24 inches shall be provided over each trap chamber and
sanitary tee. The manhole shall also have readily removable covers
to facilitate inspection, grease removal, and wastewater sampling
activities. The invert elevation of the inlet shall be between three
inches and six inches above the invert elevation of the outlet. The
trap shall be designed, constructed and installed for adequate load-bearing
capacity. Flow control devices shall be installed where flow through
the trap may exceed the manufacturer's flow ratings.
(2) Trap capacity. Minimum capacity of any one unit shall be 1,000 gallons
as required and a maximum of 1,500 gallons. Where sufficient capacity
cannot be achieved with a single unit, installation of grease traps
in series is required. The CWPCA shall approve the grease trap based
on manufacturer's maximum flow capacity.
(3) Trap sizing. At a minimum, the trap shall hold discharges equivalent
to maximum flows over a twenty-four-hour period. The minimum volume
trap shall be based on the following calculations:
(a)
Patron-based method.
|
Fixed Number of Meals Served Water Usage1
|
---|
|
Facility
|
Volume
(gallons per day)
|
---|
|
Schools, per pupil
|
3
|
|
Residential camps2 per person
|
15
|
|
Hospital, nursing home, per bed
|
15
|
|
Notes:
|
---|
|
1Adopted from the Connecticut Health
Code
|
|
2Residential camps: semi-permanent
overnight accommodations
|
|
IV = MS x GM
|
|
Where:
|
IV
|
=
|
Interceptor volume (outdoor grease trap)
|
|
|
MS
|
=
|
Number of meals served (maximum occupancy)
|
|
|
GM
|
=
|
Gallons used per meal from table above
|
(b)
Patron-based method.
|
Varied Number of Meals Served per Day1
|
---|
|
Facility
|
Volume
(gallons per meal)
|
---|
|
Churches, per person
|
5
|
|
Restaurants and bars
|
5
|
|
Notes:
|
---|
|
1Adopted from the Connecticut Health
Code
|
|
IV = MS x GM = (S x LF x H/2) x GM
|
|
Where:
|
IV
|
=
|
Interceptor volume (outdoor grease trap)
|
|
|
MS
|
=
|
Number of meals served
|
|
|
GM
|
=
|
Gallons per meal from table above
|
|
|
S
|
=
|
Seating capacity
|
|
|
LF
|
=
|
Loading factor
|
|
|
|
=
|
1.25 meal/seat hour for interstate highways
|
|
|
|
=
|
1.0 meal/seat hour for freeways, recreation areas and fixed
number of meals
|
|
|
|
=
|
0.8 meal/seat hour for main highways
|
|
|
|
=
|
0.5 meal/seat hour for other highways and side streets
|
|
|
H
|
=
|
Hours in operation
|
(4) Pumping and maintenance. Each FPE shall be responsible for the cost
of installing, inspecting, pumping, cleaning and maintaining its outdoor
grease trap. Outdoor grease trap cleaning shall include complete removal
of all contents, including scraping of excessive solids from the walls,
floors, baffles and all pipe work. It shall be the responsibility
of each FPE to inspect its outdoor grease trap during the pumping
operation to ensure proper cleaning and that all fittings and fixtures
are functioning properly.
(5) Outdoor trap pumping frequency. Each FPE shall have its outdoor grease
trap(s) pumped whenever 25% of the operating depth of the outdoor
grease trap is occupied by grease and settled solids or a minimum
of once every three months, whichever is more frequent.
(6) Variance procedure. Written requests for pumping variances may be
requested by the FPE from the CWPCA, in writing. The FPE must provide
documentation demonstrating sufficient operating depth is available
after three months' usage.
(7) Inspections. The inspector shall inspect grease traps as necessary
to ensure compliance with this article.
(8) Disposal. Renderable grease shall not be disposed of in any sewer,
septic tank, or grease trap. All renderable grease shall be stored
in a separate, covered, leakproof, renderable grease container, stored
out of reach of vermin and collected by a renderer/hauler. Wastes
removed from outdoor grease traps shall be disposed of at a grease
disposal facility permitted by DEP.
(9) Recordkeeping. Each FPE shall maintain a logbook in which a record
of all grease trap maintenance is entered, including the date and
time of the maintenance, repairs required, a copy of the FOG discharge
permit, records of inspection and log of pumping activities. The file
shall be available at all times for inspection and review by the inspector.
E. Alternative grease removal devices. The CWPCA, in its sole discretion,
may approve these types of devices, depending on manufacturer's
specifications and verified operations on a case-by-case basis. Alternative
devices such as AGRUs shall be subject to written approval based on
a demonstration prior to installation.
(1) Indoor AGRU. AGRUs shall be prohibited for new FPEs, except for those
establishments where inadequate space is available for the installation
of an outdoor grease trap or at the discretion of the CWPCA. Wastewater
in excess of 140° F. shall not be discharged into any grease
trap.
(2) AGRU design. All AGRUs shall be designed and installed in accordance
with the manufacturer's specifications and sized to properly
pretreat the measured or calculated flows for all connected fixtures
or drains. Traps shall have a removable lid on the top surface to
facilitate inspection, cleaning and maintenance.
(3) Flow-control device. AGRUs shall be equipped with a device to control
the rate of flow through the unit and shall not exceed the manufacturer's
rated capacity.
(4) Cleaning and maintenance. Each FPE shall be solely responsible for
the cost of the AGRU installation, cleaning and maintenance. The AGRU
shall include a skimming device, automatic draw-off, or other mechanical
means to automatically separate fats and oils from the wastewater,
using a timer or level controller. This AGRU shall be connected to
the electrical circuit by either hardwire, or cord and plug. The AGRU
shall operate no less than once per day. Enzymes, solvents or emulsifiers
shall not be used.
F. Other approved unit. If the permittee requests the use of a unit
other than an outdoor grease trap or an AGRU, the permittee must demonstrate
to the CWPCA that the proposed unit can reliably meet the effluent
limitations established in this article. Only after receiving approval
by the CWPCA will the permittee be authorized to install the proposed
unit.
G. De minimis discharges. At the request of the permittee, the CWPCA
may grant a variance of the treatment requirements of this article,
if, in the judgment of the CWPCA, there is limited potential for grease
in the discharge. This judgment shall be based on the frequency of
operation; the volume of flow; and the potential for grease, based
upon the menu; and similar items. Any change to the conditions of
the variance must be reported to the CWPCA for review within 30 days.
Any denial or revocation of a permit pursuant to this article
may be appealed to the CWPCA. The permit applicant or permittee shall
have 15 days from date of notification of the permit denial or revocation
to submit a written request for a hearing before the CWPCA. Failure
to file an appeal constitutes acceptance of the decision to deny or
revoke the permit and any conditions thereof. The CWPCA shall conduct
a public hearing and decide within 60 days from receipt of appeal,
whether or not to grant the permit. The decision of the CWPCA shall
be final.
FOG discharge permit enforcement. Enforcement actions against
FPEs in violation of this article shall be according to the following
process:
A. Notice of violation. A notice of violation (NOV) shall be issued
to a FPE for any one or more of the following violations.
(1) Failure to properly maintain the grease trap in accordance with the
provisions of the article.
(2) Failure to report changes in operations per §
193-20A and
B.
(3) Failure to report an unauthorized grease discharge per §
193-17H.
(4) Failure to maintain grease records including documentation of pumping
activities, keep copies of manifest forms or receipts on site at all
times.
(5) Failure to provide access for trap cleaning, inspection or monitoring
activities.
(6) Failure to obtain or renew a FDP in a timely manner.
(7) Any other failure to comply with the requirements of this article
or conditions of any permit issued pursuant to this article.
B. Notice of violation response.
(1) If the inspector records any deficiencies during an inspection, the
inspector will provide a written notice to the FPE with instructions
to correct the deficiency within 30 days of such notice, and a tentative
date for reinspection.
(2) Any FPE issued a NOV shall respond to the CWPCA in writing within
15 days of receipt of the NOV describing how the noncompliance occurred
and what steps will be taken to prevent the reoccurrence of the noncompliance.
(3) If a FPE violates or continues to violate the provisions set forth
in this article or fails to initiate/complete corrective action in
response to a NOV, the CWPCA may pursue one or more of the following
options:
(a)
Contract with a hauler to pump the grease trap and bill the
appropriate charge to the FPE concerned.
(b)
Impose an administrative order fee as per §
193-21 and Attachment A.
(c)
Refer to other appropriate enforcement agencies for further
action.
C. Permit revocation. Any FDP issued under the provisions of this article
is subject to be modified, suspended or revoked in whole or in part
during its term for cause shown, including, but not limited to, any
one of the following:
(1) Falsification of any information submitted as part of the application
for the FDP.
(2) Failure to comply with the requirements or regulations concerning
discharges to the CWPCA sanitary sewer system.
(3) Failure to comply with the requirements or regulations concerning
grease traps in this article.
(4) Failure to pay required fees, or penalties in a timely manner.
(5) Failure to attend required BMP training courses if required by CWPCA.
(6) When necessary to protect the public health, safety and welfare of
the Town of Cromwell.
D. Best management practice training. All FPEs that receive notices
of violation or administrative orders may be required to send both
managerial and other staff to an approved training session regarding
FOG BMPs. All costs associated with the training are the responsibility
of the FPE.
E. Administrative order. The CWPCA may enter into consent agreements,
compliance agreements, assurances of voluntary compliance, or other
similar documents establishing an agreement with any user, or other
person responsible for noncompliance. Such documents will include
specific actions to be taken to correct the noncompliance within a
time period specified by the document. Such documents shall be judicially
enforceable. They include, but shall not be limited to:
(1) Required corrective actions including, but not limited to, submittal
of records for trap maintenance, immediate pump-out of the trap, or
establishment of an ongoing contract with a hauler.
(2) Requirements for submittal of plans or upgrade of grease traps, including
time frames for preparation of plans, acquisitions of necessary equipment,
initiation of construction (including time for permit approval, where
required), completion of construction, and date for achievement of
final compliance with the provisions of the administrative order and
of this article.
(3) Payment of the administrative order fee.
F. Recovery of costs. When a discharge causes any obstruction, damage
or any other impairment to the public sanitary sewer system or any
expense of whatever character or nature to the CWPCA, the CWPCA shall
assess the expenses incurred to clear the obstruction, repair damage
to the system, and any other expenses or damage of any kind or nature
suffered by the Town as a result thereof. The CWPCA may file a claim
with the user or other person that caused the obstruction, damage
or other impairment for recovery of such cost including any collection
costs. If the claim is ignored or denied, the CWPCA shall notify the
Town Attorney to take such measures as shall be appropriate to recover
any expense or to correct other damages suffered by the Town.
G. Remedies nonexclusive. The remedies for this article are not exclusive.
The CWPCA may take any, all, or any combination of these actions against
any person violating this article.