[HISTORY: Adopted by the Board of Health of the Town of Wakefield 10-6-2004. Amendments noted where applicable.]
Sewers — See Ch. 165.
The Wakefield Board of Health, acting under the authority of MGL c. 111, § 31 and any amendments and additions thereto, and by any other power thereto enabling, has adopted the following rules and regulations during its October 6, 2004, meeting.
The purpose of this chapter is to protect residents, businesses and the environment within the Town of Wakefield from blockages of the Town's sanitary sewer caused by grease discharged from food service establishments located in the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- The Board of Health or its agent or designee.
- FOOD ESTABLISHMENT
- Any establishment issued a permit to operate a food establishment by the Wakefield Health Department under FC 1-201.10 (B) (31) (Federal Food Code 1999).
- GREASE TRAP
- Also referred to as a "grease interceptor" by the State Plumbing Code; is a device designed to remove, dissolve and/or suspend grease and waste oil from wastewater.
- PERMITTED OFFAL HAULER
- Any offal hauler, which is issued a permit to haul offal by the Wakefield Health Department.
- SEWER PIPE
- Any building or Town sanitary sewer piping, including, but not limited to, interior and exterior building sanitary sewer piping, any main or lateral sanitary sewer piping, regardless of whether it is located on private or municipal land.
- WASTE GREASE OR OIL
- Waste oil or grease generated by a food service establishment during the cooking process or the cleaning of elements used in the process of serving or cleaning.
Grease trap installation. The Board of Health may at any time require the installation and/or relocation of an internal grease trap, as it may deem necessary to maintain any particular building sewer pipe, any lateral sewer pipe, or sewer main pipe free from obstructions caused by grease or oil emanating from a food establishment.
Food establishment or related business. In every case where a food establishment is preparing or selling food, or other business in which grease is a by-product of production, a suitable internal or external grease trap conforming to applicable building and plumbing codes must be installed.
New or remodeled food establishments. All new and/or remodeled food establishments must install a grease trap that meets the minimum requirements of these regulations and all state and local plumbing codes. New or remodeled establishments that prepare food with a seating capacity of 150 seats must install an external grease trap with a capacity of 1,500 gallons.
Grease trap maintenance. Internal grease traps must be cleaned monthly. Exceptions may be granted on a case-by-case basis, as determined by the Board of Health. Internal grease traps must be cleaned by the owner, operator, or permitted offal hauler. External grease traps must be pumped by a permitted offal hauler every six months. Service records must be maintained on a monthly basis in a binder readily accessible to the Board of Health inspectors and agents.
Waste grease and oil storage and removal. Waste grease and oil shall not be disposed into the sanitary sewer. All waste oil and grease must be collected in an appropriate container provided by an approved vendor and stored in an approved location on the premises. The container must be stored on an impervious surface such as concrete or pavement. Containers must be capable of being sealed to prevent entry of precipitation or stored in a sheltered area. All waste and grease oil shall be removed by a permitted offal hauler; said material should be removed from the premises monthly. While being stored, all grease containers and surrounding areas must be kept in a sanitary condition at all times.
The Board of Health shall enforce the provisions of this chapter. Any agent of the Board of Health may, according to law, enter upon any premises at any reasonable time to inspect for compliance.
All records pertaining to purchasing, storage, and removal of grease-related products and as to products and waste products shall be retained by the owner or operator on premises for no less than two years.
Upon request by an agent of the Board of Health, an owner or operator shall furnish all information required to enforce and monitor compliance with this chapter, including, but not limited to, a complete inventory of all food- and maintenance-related products that are purchased by the establishment; receipts from permitted offal haulers retained to remove waste grease or oil from the establishment.
The Board of Health may, after providing opportunity for a hearing, order the revocation of a permit to operate a food establishment or the termination of one or more particular operations for:
Written notice of any violation of this chapter shall be given to the owner and operator by an agent of the Board of Health, specifying the nature, time and date of the violation and any preventative measures required to avoid future violations, and a correction time frame.
Any requests for a variance from the provisions of this chapter must be presented in writing. The reasons for the request must be clear and specific. To consider variances regarding the size of grease traps, the application must include kitchen flow calculations prepared by a Massachusetts licensed plumber supporting an alternate size.
The person or persons to whom any order or notice issued pursuant to this chapter has been directed may request a hearing before the Board of Health. Such request shall be in writing and shall be filed in the office of the Board of Health within 10 days after receipt of the order or notice.
Any person who violates any provision of this chapter may be punished by a fine of no more than $200 per day. Each day, or portion thereof; during which a violation continues shall constitute a separate offense. Failure to connect violations of any provision of this chapter may result in suspension or revocation of permit to operate a food establishment or refusal to issue a food service permit, as provided in 105 CMR 590.012.
Each provision of this chapter shall be construed as separate to the end that if any part of it shall be held invalid for any reason, the remainder shall continue in full force and effect.
This chapter shall take effect on January 1, 2005. All food establishments permitted by the Wakefield Board of Health shall be in total compliance with these regulations by December 31, 2005.