[HISTORY: Adopted by the Board of Trustees of the Village
of Bronxville 1-13-2014 by L.L. No. 1-2014. Amendments noted where
applicable.]
The purpose of this regulation is to protect residents, businesses,
and the environment within the Village of Bronxville from blockages
of the Village's sanitary sewer system caused by grease, kitchen
oils, and other substances discharged from food establishments located
in the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
A pipe or pipes maintained and controlled by private persons
for the purpose of conveying wastewater from the waste-producing location
to the sanitary sewer collection system.
A retail establishment serving prepared food and drink within
an enclosed building for consumption within the building or off the
premises, including, but not limited to, restaurants, lunch counters,
cafes, diners, fast-food establishments, food take-out establishments,
pizza parlors and luncheonettes.
A material comprised of fatty matter from animal or vegetable
sources or hydrocarbons of petroleum origins. The terms "oil and grease"
and "oil and grease substances" shall be deemed grease by definition.
A watertights device constructed to separate and trap or
hold grease from the wastewater discharged from a food establishment
in order to prevent grease from entering the sanitary sewer system,
also referred to as a "grease interceptor" or "grease recovery device."
The grease trap may be an internal grease trap located within the
food establishment, an external grease trap located outside the food
establishment, or both
Any sink, compartment sinks, containers, buckets, or other
device or vessel in a food establishment, where utensils, dishware
equipment and/or other items coming into contact with food are cleaned.
A.
Grease trap installation. The Superintendent of Buildings may at
any time require the installation and/or relocation of an internal
or external grease trap at a food establishment, as he/she may deem
necessary to maintain any particular building sewer pipe, and lateral
sewer pipe, or sewer main pipe free from obstructions caused by grease
or oil emanating from a food establishment. Parties required to install
grease traps shall be given a reasonable amount of time to complete
the installation.
B.
Food establishment. In every case where a food establishment is preparing
or selling food, a suitable internal or external grease trap conforming
to applicable building and plumbing codes must be installed.
C.
New or remodeled food establishments.
(1)
All food establishments with a warewash sink must install an internal
grease trap. New or remodeled food establishments, at the discretion
of the Superintendent of Buildings, may be required to install an
external grease trap. For the purpose of this regulation, a remodeled
food establishment is a food establishment that undergoes a renovation
requiring the submittal of plans to the Village Building Department
during the plan review process.
(2)
External grease traps must have a minimum capacity of 1,000 gallons
and shall be sized in accordance with the standards set forth in the
Uniform Code of the State of New York, Grease Traps. In the absence
of seating, the minimum size grease trap shall be 1,000 gallons or
100% of peak daily water use, whichever is greater, to ensure a twenty-four-hour
detention time. For the purpose of this regulation, when evaluating
new construction, the peak daily flow used may be established by water
use records from a similar food establishment.
D.
Grease trap maintenance. All grease traps shall be maintained by
the food establishment at the food establishment's expense. At
a minimum, the food establishment or its designee shall inspect grease
traps monthly; and shall have all grease traps cleaned before the
amount of grease exceeds 25% of the grease capacity of the grease
trap or once every month for internal grease traps and once every
six months for external grease traps, whichever comes first. Written
logs of inspections, cleaning and pumpings shall be maintained in
an on-site binder readily accessible to the Superintendent of Buildings
or the Superintendent of Public Works.
E.
Best management practices. Food establishments shall integrate best
management practices to reduce grease discharged to the sewer system.
In addition to maintenance of grease traps, best management practices
include, but are not limited to:
F.
Storage of waste grease from food preparation. All waste grease and
other related wastes requiring storage at the food establishment as
a result of removal from grease traps or otherwise shall be collected
and stored in an appropriate container(s) (i.e., fifty-five-gallon
drums or such other suitable storage containers) in an approved location
at the food establishment. The container(s) shall be stored on an
impervious surface such as concrete or pavement which will provide
for secondary containment in case of leakage. Containers shall be
either sealed or stored in a sheltered area, and maintained to prevent
entry of precipitation and of animals. All waste grease and related
wastes shall be removed from the food establishment only by a permitted
septage handler. All grease containers and surrounding areas must
be kept in a sanitary condition at all times.
G.
Disposal. All waste grease and related wastes shall be removed from the food establishment only by a permitted septage handler. All material removed from grease traps, and hauling and disposal of grease and other related waste, shall be documented in a written record, and maintained as provided in § 172-3D above. The food establishment is responsible for assuring that all waste grease and related wastes are disposed of in accordance with all federal, state, and local disposal regulations.
A.
The Superintendent of Buildings and/or the Superintendent of Public
Works or their designees shall have the authority to enforce the provisions
of these regulations. These officials may enter upon any premises
at any reasonable time to inspect for compliance.
B.
All records pertaining to grease trap maintenance, purchasing, storage
and removal of grease and related products and waste products shall
be retained by the food establishment on premises readily accessible
to the Superintendent of Buildings, the Superintendent of Public Works
or their designees for no less than three years.
C.
Upon request by the Superintendent of Buildings, the Superintendent
of Public Works or their designees, a food establishment shall furnish
all information required to enforce and monitor compliance with the
regulations, including, but not limited to, a complete inventory of
all food and maintenance-related products that are purchased by the
food establishment and receipts from permitted septage handler(s)
retained to remove waste grease or related wastes from the food establishment.
D.
Refusal to provide reasonable cooperation and access shall constitute
a violation of these regulations subject to enforcement as set forth
below.
A.
Notice. The Superintendent of Buildings may serve upon any person
in violation of this regulation a written notice stating the substance
of the violation. Within 30 days of the date of such notice, a plan
for correction of the violation shall be submitted to the party who
issued the notice. Failure to correct violation(s) of any provision
of this regulation may result in enforcement and/or penalties as set
forth below.
B.
Local enforcement.
(1)
This regulation may be enforced by the Superintendent of Buildings
or the Superintendent of Public Works.
(2)
Whoever violates any provision of this regulation shall, upon conviction
thereof, be subject to a fine of not more than $500 per day for each
day of violation, commencing 10 days following the day of receipt
of written notice from the Superintendent of Buildings or the Superintendent
of Public Works. Each day or portion thereof shall constitute a separate
offense. If more than one, each condition violated shall constitute
a separate offense.
C.
Other. The Superintendent of Buildings or the Superintendent of Public
Works may enforce this regulation or enjoin violations thereof through
any lawful process, and the election of one remedy by the Superintendent
of Buildings or the Superintendent of Public Works, or his or her
respective designee, shall not preclude enforcement through any other
lawful means.
A.
The Village Board may grant a variance or exemption from any provision
of these regulations when, in its opinion, the applicant for the variance
has established that:
(1)
Enforcement of the provision of this regulation from which a variance
is sought would be manifestly unjust, considering all the relevant
facts and circumstances; and
(2)
A level of protection to the Village of Bronxville sanitary sewer
system at least equivalent to that provided under this regulation
can be achieved without strict application of the provision from which
a variance is sought.
B.
Requests for variances from these regulations must be submitted in
writing to the Village Board. Applicants for variances shall be afforded
the opportunity to appear in person, including any representatives
and experts, at a meeting of the Village Board to consider the variance
request. Information on food preparation, grease, oil and related
waste produced by or discharged from the food establishment, size
of any proposed grease trap, facility use, facility layout, plumbing
plans and other relevant documents must be presented for review. Wastewater
calculations, prepared by a licensed plumber, architect or engineer,
may be presented to establish grounds for a variance.
C.
Applicants for variance(s) shall pay such application fees as may
be set by resolution of the Village Board from time to time.