[HISTORY: Adopted by the Board of Health of the Town of Ashland 5-11-2007; amended in
its entirety 3-9-2009. Subsequent amendments noted where applicable.]
The Board of Health of the Town of Ashland, Massachusetts is
charged with the protection and enhancement of public health for the
Ashland community. The Board of Health, in conjunction with the Department
of Public Works and the Department of Inspection Services, have determined
and mutually agree that enactment of this regulation is necessary
and will further safeguard the health and safety of the Ashland community.
This regulation provides for the codification of requirements, specifications
and procedures for the effective management of fats, oil and grease.
In order to preserve and protect the public health of the inhabitants
of the Town of Ashland the Board of Health has determined the following
regulations are necessary.
This Regulation has been adopted in accordance with, pursuant
to and under the authority of the provisions of MGL c. 111, § 31
including any amendments, any other powers and additions thereto,
and by any other power thereto enabling.
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ASME
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American Society of Mechanical Engineers
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BMP
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Best Management Practices
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CMR
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Code of Massachusetts Regulations
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DEP
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Massachusetts Department of Environmental Protection
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DPW
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Department of Public Works of the Town of Ashland
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FDA
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United States Food and Drug Administration
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GPM
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Gallons per minute
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LPM
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Liters per minute
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MGL
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Massachusetts General Laws
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MWRA
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Massachusetts Water Resources Authority
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Any person duly appointed by the Ashland Board of Health
in accordance with the provisions of MGL c. 111 § 30.
The Board of Health of the Town of Ashland, Massachusetts
and its agents.
A person, licensed in accordance with 310 CMR 15.09; or MGL
c. 142, §§ 1-22; and MGL c. 112, §§ 61-65.
The volume of a tank below the design discharge point, liquid
level line.
Discharging or discharged Sewage.
Any business or operation that discharges or may discharge
FOG as a constituent of its wastewater, including but not limited
to Food Establishments.
A liquid tight device designed and installed to separate
and retain for removal, by manual (passive) means, dissolved and/or
suspended FOG and other deleterious, hazardous, or undesirable matter
from other solid and liquid constituents of Sewage as it is being
discharged into the drainage system by gravity in accordance with:
248 CMR 10.00, Massachusetts Plumbing Code, under the authority of
the Board of State Examiners of Plumbers and Gas Fitters; 360 CMR
10.00 Sewer Use under the authority of the Massachusetts Water Resources
Authority; and 310 CMR 15.230, the state environmental code, specifically
Title 5, under the authority of the Massachusetts Department of Environmental
Protection The rated flow is not less than 50 gallons per minute (gpm)
(189 LPM). Usually this device is installed below ground.
Fat, oil and grease, wax, deleterious, hazardous or undesirable
matter.
All equipment or devices utilized for the purpose of removing,
storing or disposing of FOG. This includes, but is not limited to,
grease traps, external grease interceptor, pipes, and containers.
Any company, personnel or equipment engaged in any activity
of removing FOG from the establishment where it was generated and
delivering it to a facility that is licensed by the DEP, in accordance
with 310 CMR 15.00; MGL c. 111, § 31A, for further processing.
All FOG transporters operating within the geographical borders of
the Town of Ashland shall be licensed by the Board of Health.
An operation that prepares, stores, packages, serves, vends
or otherwise provides food for human consumption as defined in the
Food Code of the United States Food and Drug Administration (FDA).
Also referred to as an Internal Grease Trap. A liquid tight
device designed and installed to separate and retain for removal,
by manual (passive) means, dissolved and/or suspended grease and oils
and other deleterious, hazardous, or undesirable matter from other
solid and liquid constituents of Sewage as it is being discharged
into the drainage system by gravity in accordance with 248 CMR 10.00.
The rated flow is not more than 50 gallons per minute. An external
grease interceptor is defined as a grease trap in 310 CMR 15.000 (Title
5).
A system or series of systems for the treatment and disposal
of sanitary Sewage below the ground surface on a facility.
The standard components of a system are: a building sewer; a
septic tank to retain solids and scum; a distribution system; a soil
absorption system containing effluent distribution lines to distribute
and treat septic tank effluent prior to discharge to appropriate subsurface
soils; and a reserve area.
These terms also include tight tanks, shared systems and alternative
systems. Unless the text of 310 CMR 15.00 indicates otherwise, these
terms also include nonconforming systems.
All grease traps shall comply with the following performance
standard: Sewage discharge into the Ashland wastewater collection
system shall contain not more than one hundred milligrams per liter
(100 mg/L) of FOG or contain any substance that may modify or become
viscous between the temperatures of thirty-two and one hundred eighty
degrees Fahrenheit (32°-180°F); or between zero and eighty-two
degrees Celsius (0° and 82°C).
A pipe with one end inside a building and the other end extending
outward to not less than ten (10) feet beyond the exterior of the
foundation wall for conveying the discharge of wastewater (sewage),
in accordance with 248 CMR 10.09 and 310 CMR 15.00.
A pipe with one end connected to the sanitary building drain
at a point not less than ten (10) feet from the outside of the building
foundation and the other end connected to the wastewater collection
system.
Any arrangement of pipes, conduits, pumping stations, force
mains, structures and devices utilized for collecting and conveying
wastewater to a public or private treatment works, including Onsite
Sewage Disposal Systems, but does not collect or convey stormwater,
surface water, clear water or groundwater.
Any waste containing animal matter, vegetable matter or chemicals
in suspension or solution.
Any Sanitary Sewer piping, including but not limited to:
the interior and exterior building sanitary sewer piping, any main
or lateral sewer piping, regardless of whether it is located on private
or municipal property.
Representatives of the Department of Public Works, representatives
of the Department of Inspection Services, representatives of the Board
of Health. The Board of Health may appoint officials other than those
listed in the previous sentence.
Any arrangement of pipes, conduits, pumping stations, force
mains, structures and devices utilized for collecting and conveying
wastewater to a public treatment works, but does not collect or convey
stormwater.
A.
All Establishments in operation prior to the adoption of this Regulation
shall install the required equipment and be in full compliance in
not more than one (1) year from the effective date of this regulation
— July 1, 2008. The required external grease interceptor shall
be installed by July 1, 2009, with the requirement that the design
plans for the Grease Interceptor be forwarded to the Department of
Public Works by March 1, 2009.
B.
Every business generating FOG that is or may be introduced to wastewater,
or is or may be discharged as a constituent of wastewater shall comply
with all the provisions of this Regulation, applicable plumbing codes,
building codes, environmental codes, and all other applicable local,
state and federal laws, regulations and codes. Examples of businesses
that shall be required to comply with this regulation include, but
are not limited to: kitchens in a restaurant; cafeterias; nursing
homes; schools; hospitals; hotels; institutional facilities; factories;
clubs; bars where food is prepared; commercial kitchens; residential
buildings equipped with commercial cooking equipment; food and meat
processing and packaging facilities; supermarkets; bakeries and other
commercial or industrial Establishments where FOG of any kind is disposed
of as a constituent of wastewater.
(1)
All Establishments that are required to install and operate a Grease
Trap(s) and/or Exterior Grease Interceptor(s) as provided in this
regulation shall demonstrate to: the DPW and the Department of Inspection
Services; and when Effluent is discharge to an onsite disposal system
the Board of Health, that the Grease Traps or External Grease Interceptors
are properly sized and installed and are in full compliance with this
Regulation and all local, state and federal laws and regulations when
one or more of the following occur:
(a)
Change of use occurs for the Establishment.
(b)
The establishment is remodeled through the building permit process.
(c)
Establishment is sold to new ownership.
(d)
Establishment has acquired a new occupant.
(e)
An application for a Sanitary Sewer service connection to the
Ashland wastewater collection system.
(f)
New construction.
(g)
Repair or construction of an Onsite Sewage Disposal System.
(2)
All FOG transporters operating within the geographical borders of
the Town of Ashland shall be licensed by the Board of Health. All
FOG transporters shall provide proof of a contract or agreement that
all FOG shall be delivered to and accepted by a facility that is licensed
by the DEP for further processing.
All external Grease Traps as defined in 310 CMR 15.000, shall
be installed and shall be operated in accordance with 310 CMR. 15.000
(Title 5).
All External Grease Interceptors shall be installed and operated
in accordance with 248 CMR 10.09 and 360 CMR 10.
Installation or repair of Grease Traps and External Grease Interceptors
shall performed only by a qualified licensed Disposal System Installer
in accordance with 310 CMR 15.000; or a qualified licensed drain layer
certified in accordance with MGL c. 142, §§ 1-22 and
MGL c. 112, §§ 61-65 and 248 CMR 10.000.
All grease traps shall be installed in accordance with the provisions
of 248 CMR 10.000, and all other applicable local, state and federal
laws and regulations.
All Grease Traps shall be installed in accordance with the provisions
of 248 CMR 10.000 and 310 CMR 15.000 and all other applicable local,
state and federal laws and regulations.
A.
In accordance with 360 CMR 10.000 and 248 CMR 10.000, internal Grease
Traps shall be cleaned and maintained.
B.
Proof of cleaning shall be certified to the Department of Public
Works in accordance with the requirements provided in the Documentation
section of this Regulation.
C.
Failure to install or clean Grease Traps or to provide proper certification
of such cleaning may result in suspension of sewer service until full
compliance is achieved.
D.
All materials recovered from cleaning shall not be stored on the
premises and shall be removed from the premises upon the completion
of the cleaning process. Under no circumstances shall any recovered
materials be deposited into the plumbing system, Sanitary Building
Drain, Sanitary Building Sewer or wastewater collection system. Premises
shall not include the allowed disposal into grease reclamation containers
located externally onsite.
E.
All Grease Traps shall be maintained by the owner, at his/her own
expense, in an efficient operating condition that meets or exceeds
the performance standards of this Regulation.
F.
The following schedule specifies the minimum criteria and time schedule.
This schedule is subject to change at anytime by the Board of Health.
Each of these operations shall be recorded in accordance with the
provisions in the Documentation section of this Regulation.
(1)
All Grease Traps shall be inspected by the owner or operator in intervals
of not more than seven (7) days between inspections.
(2)
All FOG and other materials shall be removed and Grease Traps shall
be cleaned in intervals of not more than thirty (30) days or as directed
by the Board of Health or Town Officials.
G.
Accumulated waste FOG shall be stored in tallow drums or in poly
bags sufficient in strength and integrity to prevent leakage or breakage.
Poly bags shall be securely closed and placed inside a leak-proof
container and tightly sealed. The sealed container shall be stored
and disposed of in accordance with laws and regulations applicable
to solid waste.
H.
A sign shall be posted on or in the immediate area of the Grease
Trap. The lettering of the sign shall be not less than one inch high.
The sign shall state the following in exact language:
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IMPORTANT
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This interior grease trap shall be inspected and thoroughly
cleaned on a regular and frequent basis. Failure to do so could result
in damage to the piping system, and the Ashland wastewater collection
system (or private drainage system — onsite sewage disposal
system).
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In accordance with 310 CMR 15.000, 360 CMR 10.000, and 248 CMR
10.000, all External Grease Interceptors shall be cleaned and maintained.
A.
The following documents shall be submitted to the Department of Public
Works when requesting a connection to the Ashland wastewater collection
system, subject to verification.
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An original valid contract or agreement with a business (or
businesses) that is normally engaged in the following activities for
External Grease Interceptors or onsite Sewage disposal systems:
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Inspection
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Cleaning
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Maintenance
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Service
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Pumping
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Transportation
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B.
Proof of cleaning shall be certified to the Department of Public
Works in accordance with the requirements provided in the Documentation
section of this Regulation.
C.
Failure to install or clean External Grease Interceptors or to provide
proper certification of such cleaning may result in suspension of
sewer service until full compliance is achieved.
D.
All materials recovered from cleaning shall be removed from the premises
upon the completion of the cleaning process. Under no circumstances
shall any recovered materials be deposited into the plumbing system,
Sanitary Building Drain, Sanitary Building Sewer or wastewater collection
system.
E.
All External Grease Interceptors shall be maintained by the owner,
at his/her own expense, in an efficient operating condition that meets
or exceeds the performance standards of this Regulation.
F.
The following schedule specifies the minimum criteria and time schedule.
This schedule is subject to change at anytime by the Board of Health
or Town Officials. Each of these operations shall be recorded as required
in the Documentation section of this Regulation.
(1)
All External Grease Interceptors shall be inspected by the owner
or operator in intervals of not more thirty (30) days between inspections.
(2)
All FOG and other materials shall be pumped and all External Grease
Interceptors shall be cleaned in intervals of not more than ninety
(90) days or whenever the level of FOG is not less than twenty-five
percent (25%) of the effective capacity or as directed by the Board
of Health or Town Officials; whichever of these shall occur soonest.
G.
When emptied, the External Grease Interceptor shall be thoroughly
washed and all interior plumbing connections inspected for completeness
and integrity.
H.
All External Grease Interceptors shall be serviced in intervals of
not more than ninety (90) days.
I.
A sign shall be posted on or in the immediate area of the External
Grease Interceptor. The lettering of the sign shall be not less than
one inch high. The sign shall state the following in exact language:
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IMPORTANT
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The exterior grease interceptor or exterior grease trap
for the septic system shall be inspected and thoroughly cleaned on
a regular and frequent basis. Failure to do so could result in damage
to the piping system, and the Ashland wastewater collection system
(or private drainage system — onsite sewage disposal system).
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A.
In accordance with 360 CMR 10.000, chemical, biological or physical
means shall not be used to release fats, wax, oil or grease into the
sewer, bypass the Grease Trap or External Grease Interceptor or otherwise
make the Grease Trap or External Grease Interceptor operate less effectively.
B.
FOG removal or recovery by devices or processes other than those
included in this Regulation shall not be considered for compliance
with this Regulation, 248 CMR 10.000 or 310 CMR 15.000. Any installation
or use of such devices or processes is in violation of this Regulation.
C.
The addition of any chemical or biological agent to a Grease Trap
or External Grease Interceptor to convert FOG or any other material
to a substance regardless of whether it is regulated or not regulated
by 360 CMR 10.000 is prohibited.
D.
In no case shall any contents of a Grease Trap or External Grease
Interceptor be discharged into the Ashland wastewater collection system
or an Onsite Sewage Disposal System.
A.
The appropriate spill containment equipment and spill cleanup materials,
shall be onsite, in sufficient supply and readily available for use
when needed.
B.
Immediate notification is required of any unplanned or uncontrolled
discharge or release.
C.
Should an unplanned or uncontrolled discharge or release of FOG or
substances prohibited or limited by this Regulation or 360 CMR 10.000
or any slug loads or spills enter into the building sewer, immediately
call the Department of Public Works.
D.
Should an unplanned or uncontrolled discharge or release of FOG or
substances prohibited or limited by this Regulation or 310 CMR 15.000(Title
5) or any slug loads or spills enter into an Onsite Sewage Disposal
System, immediately call the Board of Health.
A.
All documents and records included in this section and elsewhere
in this Regulation shall be readily accessible and made available
for inspection by the Board of Health or Town Officials upon their
request.
B.
All logbooks shall be hard covered, permanently bound and all pages
shall have been permanently pre-numbered.
C.
All entries recorded into logbooks shall be completed in real time.
D.
A separate equipment logbook shall be maintained for each Grease
Trap or External Grease Interceptor. Each equipment logbook shall
contain the following information and any additional information that
may be requested by the Board of Health or Town Officials:
(1)
Make model, type and manufacturer's serial number of the device.
(2)
The date the device was first brought into service.
(3)
A brief description of all cleaning, maintenance, service and repair
followed by the name of the person or company who performed the procedure
and the date the procedure occurred.
(4)
At the end of entry into the logbook, the person who made the entry
shall record his/her initials and the date of the entry. The date
may or may not be the same date of the process being recorded.
(5)
All corrections shall be done with one line through the entry (or
part of entry) that is in error, and the correction recorded as close
to the original entry as possible. The person making the correction
shall enter his/her initials and the date of the correction as close
as possible to the cross out.
E.
Requirements for Records Retention and Submittal.
(1)
Records and logbooks for the previous calendar year shall be submitted
to the Department of Public Works not later than January 31.
(2)
All records pertaining to storage and transporting FOG and shall
be kept on the premises of the Establishment for not less than two
(2) years from the date of the record.
A.
All variances currently held shall remain in effect until their scheduled
expiration date.
B.
Variances shall be valid for up to December 31 of the year that the
variance was issued or renewed.
C.
Variances may be renewed by the Board upon verification through good
standings and no violations in the past. This may include verification
from the Water and Sewer Department and/or performance testing that
the system remains free of grease or is in acceptable condition to
the Board and therefore remains eligible for a variance.
D.
In the event there is a change in ownership of the property for which a variance has been issued or if there is a change in activities performed on the property, including a change in the method or type of food preparation, the variance holder shall provide the requirements noted in § 315-16C.
E.
In the event the Board suspects there has been a change on the property
requiring a review of the equipment and plumbing or a performance
test, the Board shall contact the owner of the property and require
that the test be performed. Said test shall be performed within 30
days' notice from the Board and the Applicant shall provide said
results to the Board at or before the next regularly scheduled meeting
of the Board following the test.
A.
The Board of Health, Town Officials or the MWRA may, enter upon any premises at any reasonable time to inspect for compliance with this and other regulations or laws. The inspection may include a review of records, an inspection of the Establishment and a sample of the discharge to determine compliance with this regulation and 248 CMR 10.000. The sample may be a grab sample. The sample taken shall be tested and must meet the required levels of FOG in the performance standards noted in § 315-3.
B.
Should the DPW, after an assessment of the wastewater collection
system, advise the Board of Health, that an Establishment is discharging
FOG that is or may be contributing to a "sewage backup," the Board
of Health may conduct an inspection of the Establishment.
C.
Board of Health, in order to prevent a public health hazard or sewage
back up, may authorize the DPW to inspect an Establishment solely
for the purpose of investigation and enforcement of this and other
applicable regulations or laws on a "case by case" basis.
D.
Upon request by the Board of Health or Town Officials, the owner
or operator of an Establishment shall furnish all information, records
and documents to verify compliance or required for the enforcement
of this regulation, 248 CMR 10.000 and MWRA regulations. Records requested
may include, but are not limited to, a complete inventory of food
and maintenance products that are or were on the premises, logbooks
and receipts from FOG transporters.
The Board of Health and Town Officials shall enforce the provisions
of this Regulation.
Any owner or operator of an Establishment who is found to be
in violation of any provision of this Regulation shall be notified
by the Board of Health or Town Officials of the nature of the violation
and shall immediately and permanently cease all violations. The owner
or operator shall submit a written statement detailing his/her proposed
plan to attain and continue compliance with this Regulation. The Board
of Health shall review the proposed plan, request more information
if needed, and deliver a decision of approval, revision required,
or rejection. The Board of Health shall issue a reasonable time limit
for the approved plan to be implemented.
The person(s) to whom any order or notice issued pursuant to
this Regulation 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 in not more than ten (10) days
of receipt of the order or notice.
Whoever violates any provision of these Rules and Regulations
may, at the sole discretion of the Board of Health, be penalized by
a noncriminal complaint in the District Court pursuant to the provisions
of MGL c 40, § 21D. For the purpose of this provision the
penalty to apply in the event of a violation shall be as adopted by
Town Meeting.
Each provision of this Regulation 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.
