[HISTORY: Adopted by the City Commission of the City of South Pasadena 7-2-2018 by Ord. No. 2018-05. Amendments noted where applicable.]
Sanitary Code — See Ch. 166.
Sewers — See Ch. 169.
Solid waste — See Ch. 172.
Fees — See Ch. A198.
Editor's Note: This ordinance also repealed former Ch. 112, Grease Management Program, adopted 3-10-2009 by Ord. No. 2009-01.
This chapter will be known and cited as the "City of South Pasadena Grease Management Program."
The purpose of this chapter is to establish uniform requirements for food service establishments and enable the City to comply with all applicable federal and state laws, including those which apply to sanitary sewer overflows.
The territorial scope of this chapter includes all areas within the City of South Pasadena in which the wastewater collection system is owned, either presently or in the future, and maintained by the City of South Pasadena.
For the purposes of this chapter, the following words and phrases are defined and shall have the meanings assigned below, except in those instances where the context clearly indicates a different meaning. The words "shall" and "will" are mandatory and not discretionary. The word "may" is permissive. Definitions may or may not be capitalized in the text of this chapter.
- The City of South Pasadena, Florida.
- CODE ENFORCEMENT INSPECTOR
- Any person designated by the Director of Community Improvement to perform inspections for purposes of determining compliance with the City's Code of Ordinances.
- ENVIRONMENTAL PROTECTION AGENCY (EPA)
- The federal Environmental Protection Agency of the United States, its administrator, or other duly authorized representative of said agency.
- FLOATABLE GREASE
- Oil, fat or grease in a physical state such that it will separate, by gravity, from wastewater by treatment in an approved pretreatment device.
- FLORIDA PLUMBING CODE
- The current edition of the Florida Plumbing Code.
- FOOD SERVICE ESTABLISHMENT
- Any facility engaged in preparing and/or packaging food or beverages for sale or consumption, on or off site, with the exception of private residences. Food service establishments shall include, but are not limited to, food courts, food manufacturers, food packagers, restaurants, grocery stores, convenience stores, bakeries, lounges, hospitals, correctional facilities, hotels, nursing homes, churches, and schools.
- GARBAGE GRINDER
- A device that shreds or grinds up solid or semisolid waste materials into smaller particles for discharge into the wastewater collection system.
- GRAY WATER
- All of the liquid contained in a grease interceptor that lies below the floating grease layer and above the food solids layer.
- A material, either liquid or solid, composed primarily of fat, oil and grease from animal or vegetable sources. The terms "fats, oils and grease (FOG)" and "oil and grease" shall be included within this definition.
- GREASE DISCHARGE REGISTRATION
- A permit issued by the City of South Pasadena in accordance with this chapter authorizing the discharge of wastewater to the wastewater collection system from a food service facility.
- GREASE HAULER
- A licensed company which collects the contents of a grease interceptor or trap and transports it to an approved recycling or disposal facility. The grease hauler may also provide other services to a food service facility related to grease interceptor maintenance.
- GREASE INTERCEPTOR
- A device whose rated flow exceeds 50 gpm, which has a minimum storage capacity of 750 gallons or more, and is located underground and outside a food service establishment. This device is designed to collect, contain and remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity.
- GREASE TRAP
- A device whose rated flow is less than 50 gpm, located inside a food service establishment and designed to collect, contain and remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity.
- MANIFEST REPORT
- A document that a grease hauler or maintenance service provider generates as proof of services rendered.
- MAINTENANCE RECORDS LOG
- A log of records documenting any grease trap or grease interceptor monitoring, pumping, maintenance, or repair activities which shall include the activity performed, date and time of such activity, details of any repairs required and dates of repair completion, manifest reports and any other records pertaining to the grease trap or grease interceptor.
- NOTICE OF VIOLATION (NOV)
- A written notice informing a user that a violation of this chapter has occurred.
- Contact by telephone, in person or via certified United States mail, return receipt requested.
- A parcel of real estate or portion thereof, including any improvements thereon, which is determined by the City of South Pasadena to be a single user for the purposes of a food service establishment.
- SANITARY SEWER OVERFLOW
- Releases of untreated sewage into the environment.
- SOLIDS INTERCEPTOR
- An interceptor that separates the discharge of solids before connecting to the grease interceptor.
- The liquid and water containing industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, institutions and any other source, whether treated or untreated, which is contributed to or permitted to enter the sanitary sewer system.
General requirement. All food service establishments are required to have a grease trap or grease interceptor in accordance with the requirements of the Florida Plumbing Code, as such codes may be amended.
New facilities. Upon the effective date of this chapter, food service establishments which are newly proposed or constructed, or existing facilities which will be expanded or renovated, where such facility did not previously exist, shall be required to install, operate and maintain a grease trap or grease interceptor according to the requirements of the Florida Plumbing Code.
Existing facilities. With respect to the sizing and installation of a grease trap or grease interceptor, all food service establishments existing within the City prior to the effective date of this chapter shall be permitted to operate and maintain an existing grease trap or grease interceptor, subject to this section, provided such devices are in efficient operating condition. On or after the effective date of this chapter, the City may require an existing food service establishment to install, operate and maintain a new grease trap or grease interceptor that complies with the requirements of the Florida Plumbing Code or to modify or repair any noncompliant plumbing or existing grease trap or grease interceptor within 90 days of written notification by the Director of Community Improvement when any one or more of the following conditions exist:
The facility is found to be contributing oils and grease in quantities sufficient to cause line stoppages or which necessitate increased maintenance on the wastewater collection system as determined by any City Code Enforcement Inspector. The facility is found to be contributing oils and grease in quantities in excess of 100 mg/L.
The facility has an undersized, irreparable or defective grease trap or grease interceptor.
Remodeling of the food preparation or kitchen waste plumbing system is performed which requires a plumbing or building permit to be issued.
The existing facility is sold or undergoes a change of ownership.
Plumbing connections. Grease traps or grease interceptors shall be located in the food service establishment's lateral sewer line between all fixtures which may introduce grease into the sewer system and the connection to the City's wastewater collection system. Such fixtures shall include, but not be limited to, sinks, dishwashers, automatic hood wash units, floor drains in food preparation and storage areas, and any other fixture that is determined to be a potential source of grease. Where garbage grinders are installed within food service establishments and are plumbed through the grease trap(s) or interceptor(s), a solids interceptor shall separate the discharge before connecting to the grease trap or grease interceptor. Solids interceptor(s), grease traps and grease interceptors shall be sized and rated for the discharge of the garbage grinder. Wastewater from sanitary facilities and other similar fixtures shall not be introduced into the grease trap or grease interceptor under any circumstances.
Grease traps. Grease traps shall be prohibited for new food service establishments, except for those facilities where inadequate space precludes the installation of a grease interceptor. Approval of the installation of a grease trap instead of a grease interceptor at a new food service establishment shall require the written approval of the Director of Community Improvement and shall meet the following criteria:
Inspection, cleaning and maintenance. Each food service establishment shall be solely responsible for the cost of the grease trap installation, inspection, cleaning, and maintenance.
Repairs. The food service establishment shall be responsible for the cost and scheduling of all repairs to its grease trap(s). Repairs required by the Director of Community Improvement shall be completed within 10 calendar days after the date that written notice of required repairs is received by the facility, unless the Director of Community Improvement approves, in writing, a different schedule.
Disposal. Grease and solid materials removed from a grease trap shall be disposed of in an approved solid waste disposal system and then removed off site to a facility permitted to receive such wastes, and not the wastewater collection system or in any other manner.
Recordkeeping. The food service establishment shall maintain a maintenance records log for any and all grease traps.
Grease interceptors. Grease interceptors shall be installed at all new food service establishments except where physical space precludes such installation. All new and existing grease interceptors shall meet the following criteria:
Inspection, pumping, and maintenance. Each food service establishment shall be responsible for the costs of installing, inspecting, pumping, cleaning and maintaining its grease interceptor. Pumping services shall include the initial complete removal of all contents, including floating materials, wastewater and bottom sludge and solids from the interceptor. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles and all pipe work. The return of gray water back into the grease interceptor from which the wastes were removed is allowable, provided that grease and solids are not returned to the grease interceptor. The grease hauler shall wait at least 20 minutes to allow the grease interceptor waste to separate in the truck tank before attempting to reintroduce the gray water to the grease interceptor. It shall be the responsibility of each food service establishment to inspect its grease interceptor during the pumping procedure to ensure that the interceptor is properly cleaned out and that all fittings and fixtures inside the grease interceptor are in working condition and functioning properly.
Grease interceptor pumping frequency. Together with the designated grease hauler, each food service establishment shall determine the frequency at which its grease interceptor(s) shall be pumped according to the following criteria:
When the floatable grease layer exceeds six inches in depth as measured by an approved dipping method;
When the settleable solids layer exceeds eight inches in depth as measured by an approved dipping method;
When the total volume of settleable solids is more than 3/4 of the total clearance of the outlet pipe located at the bottom of the grease interceptor;
When the total volume of captured grease and solid material displaces more than 20% of the capacity of the grease interceptor as calculated using an approved dipping method; or
When the grease interceptor is not retaining/capturing oils and greases, or the oil/grease concentration of the water being discharged, as determined through sampling and analysis, is greater than 100 mg/L.
Repairs. The food service establishment shall be responsible for the cost and scheduling of all repairs to its grease interceptor(s). Repairs required by the Director of Community Improvement shall be completed within ten (10) calendar days after the date that written notice of required repairs is received by the facility, unless the Director of Community Improvement approves, in writing, a different schedule.
Disposal. Wastes removed from each grease interceptor shall be disposed of at a facility permitted to receive such wastes. Neither grease nor solid materials removed from grease interceptors shall be returned to any grease interceptor, private sewer line or to any portion of the City's wastewater collection system.
Recordkeeping. The food service establishment shall maintain a maintenance records log for any and all grease interceptors.
Grease interceptor additives. Any chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives must be approved by the Director of Community Improvement, in writing, prior to its use by the food service establishment or the grease hauler. Material safety data sheets and any other applicable information concerning the composition, frequency of use and mode of action of the proposed additive shall be sent to the Director of Community Improvement together with a written statement outlining the proposed use of the additive(s). Based upon the information received and any other information solicited from the potential user or supplier, the Director of Community Improvement shall permit or deny the use of the additive(s) in writing. Permission to use any specific additive may be withdrawn by the Director of Community Improvement at any time.
Alternative grease removal devices or technologies. Alternative devices and technologies such as automatic grease removal systems shall be subject to written approval by the Director of Community Improvement prior to installation. Approval of the device shall be based on demonstrated (proven) removal efficiencies and reliability of operation. The Director of Community Improvement may approve these types of devices depending on manufacturers' specifications on a case-by-case basis.
Entry. All food service establishments shall allow the Director of Community Improvement and other duly authorized employees of the City bearing proper credentials and identification access at all reasonable times to all parts of the premises for the purpose of inspection and observations in accordance with the provisions of this chapter. Access to inspectors shall not be blocked, and equipment or other obstructions shall not be placed upon or within accessways. The refusal of any food service establishment or other premises or user to permit authorized City employees entry to or upon the premises of the food service establishment for the purposes of inspection shall constitute a violation of the terms of this chapter. The Director of Community Improvement may seek a warrant or use such other legal procedures as deemed advisable and reasonably necessary to discharge the Director of Community Improvement duties under the terms of this chapter.
Inspection. The Director of Community Improvement or his or her designated Code Enforcement Inspector may inspect the facilities of any food service establishment in order to ascertain compliance with this chapter and all other related requirements. Grease traps and grease interceptors shall be inspected as necessary to assure compliance with the Florida Plumbing Code, specifically those sections detailing requirements of/for grease traps and grease interceptors. In the event of continuing noncompliance, successive reinspections will be scheduled, and appropriate fees shall be charged to the user concerned for the first and all successive reinspections.
Registration requirement for food service facilities. All food service facilities shall be required to apply for and renew annually a grease management registration. The City shall approve, deny, or approve with special conditions all registration applications in accordance with the policies and regulations established in this chapter. The registration shall be in addition to any other permits, registrations, or business licenses which may be required by federal, state, or local law. It shall be a violation of this chapter for any food service identified by the City to discharge wastewater containing fats, oils, and grease to the City's wastewater collection system.
Each fiscal year, the City shall provide an application form for a grease management registration. The appropriate form shall be sent to all food service facilities identified by the City; however, the failure of the City to send a food service facility an application form shall not excuse such facility from applying for any required grease management permit. All food service facilities required under the terms of this program shall submit a completed application form along with the registration fee established from time to time and set forth in the City's Summary of Fees (See Ch. A198, Fees) to the Community Improvement Department within 30 calendar days of receipt of the form. Each application shall include:
Business name, address, telephone number, and designated facility contact.
Fats, oils, and grease handling information to include management type, cleaning and disposal techniques.
Name and phone number of grease hauler/pumping service, including frequency of service at each location.
Signature of applicant, indicating that information provided is accurate, and that the applicant agrees to abide by the regulations contained in this chapter, as well as any other applicable federal, state, or local regulations governing the food service facility.
Enforcement response plan. Whenever the Director of Community Improvement or designee determines that a grease trap or grease interceptor is in need of pumping, repairs, or other maintenance, the Director of Community Improvement or designee shall proceed as prescribed below. The same plan will be followed in the event that an additional grease trap or grease interceptor is required.
The City staff member conducting the inspection who determines that a violation exists shall immediately notify the Director of Community Improvement. The Director of Community Improvement or designee shall then immediately notify the owner or manager of the food service establishment that a violation exists and that such violation must be addressed promptly. The City staff member may review the maintenance records log and request details of all grease interceptor or grease trap maintenance within the past year.
The City shall issue the food service establishment a notice of violation (NOV) stating the nature of the violations. Upon issuance of a NOV:
A Code Enforcement Inspector shall perform a first reinspection after a minimum of 10 calendar days have elapsed after issuance of the NOV, to allow for corrective action by the food service establishment to be completed, and a level one reinspection fee shall be assessed. If all the deficiencies have not been corrected as apparent during the first reinspection, a second reinspection will be performed by the Code Enforcement Inspector approximately 10 calendar days after the previous inspection, and a level two reinspection fee will be assessed. If a third or more reinspection(s) are required, a level three reinspection fee will be assessed for each successive reinspection, in addition to other enforcement actions, if all of the deficiencies have still not been corrected.
Recovery of costs/assessment of damages. When a discharge of waste causes an obstruction, damage or any other impairment to the facilities, or any expense of whatever character or nature to the City, the Director of Public Works or designee shall assess the expenses incurred by the City to clear the obstruction, repair damage to the facility, and any other expenses or damage of any kind or nature suffered by the City. The Director of Community Improvement or designee shall file a claim with the user or any other person or entity causing such damages seeking reimbursement for any and all expenses or damages suffered by the City. If the claim is ignored or denied, the Director of Community Improvement shall notify the City Attorney to take such measures as shall be appropriate to recover any expense or to correct other damages suffered by the City.
If the food service establishment responds with an acceptable explanation for the violation and a plan for rectifying the situation, which is deemed acceptable to the Director of Community Improvement or his designee, further enforcement may cease at the discretion of the Director of Community Improvement.
If a food service establishment continues to violate the provisions set forth in this section, or fails to initiate/complete corrective action in response to a notice of violation, or a City-approved plan to rectify a violation, the Director of Community Improvement may pursue one or more of the following options at the Director of Community Improvement's sole discretion:
Community Improvement Director's review. At any point during the enforcement process, a food service establishment may request a meeting with the Director of Community Improvement to appeal any NOV action being taken by the City.
Injunctive relief. The City may file, in circuit court or such other court as may have jurisdiction, a suit seeking the issuance of an injunction, damages or other appropriate relief to enforce the provisions of this chapter or other applicable law or regulation. Suit may be brought to recover any and all damages suffered by the City as a result of any action or inaction of any user or other person who causes or suffers damage to occur to the sanitary sewer system or for any other expense, loss or damage of any kind or nature suffered by the City.
The fees provided for in this chapter are separate and distinct from all other fees chargeable by the City. All fees shall become immediately due and owing to the City upon receipt of invoice(s) for rendition of services or expenditure by the City and shall become delinquent if not paid fully within 45 days after receipt. All fees shall be established by resolution of the City Commission. See Ch. A198, Fees.