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:
BOARD
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.
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.