[L.L. No. 2-2008]
The purpose of this regulation is to protect residents, businesses, and the environment within the Village of Tuckahoe 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.
[L.L. No. 2-2008]
The effective date of this regulation is the date enacted by the Village Board of the Village of Tuckahoe.[1]
[1]
Editor's Note: This article was enacted 2-11-2008 by L.L. No. 2-2008.
[L.L. No. 2-2008]
As used in this article, the following terms shall have the meanings indicated:
BUILDING SEWER
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.
FOOD ESTABLISHMENT
A retail establishment serving prepared food or 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.
GREASE
A material composed of fatty matter from animal or vegetable sources or hydrocarbons of petroleum origins. The terms "oil and grease" or "oil and grease substances" shall be deemed grease by definition.
GREASE TRAP
A water-tight 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 facility, an external grease trap located outside the food establishment, or both.
WAREWASH SINK
Any sink, compartment sinks, containers, buckets, or other device or vessel in a food establishment, where utensils, dishware equipment and other items coming into contact with food are cleaned.
[L.L. No. 2-2008]
(a) 
Grease trap installation. The Building Inspector 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, any lateral sewer pipe, or sewer main pipe free from obstructions caused by grease or oil emanating from a food establishment.
(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 Building Inspector, must install an external grease trap. For the purpose of this regulation, a remodeled food establishment is a food establishment that undergoes a complex 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 Building Inspector.
(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:
(1) 
Dry-wiping pots, pans, and dishes before putting them in the dishwasher or warewash sink;
(2) 
Collecting and disposing of used grease through a licensed septage handler instead of pouring it down the drain;
(3) 
Capturing the grease in ventilation and exhaust hoods.
(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. 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. 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.
[L.L. No. 2-2008]
(a) 
The Building Inspector, Code Enforcement Officer or other designee of the Building Department shall enforce the provisions of this regulation. The Building Inspector, Code Enforcement Officer or their respective designee may enter upon any premises at any reasonable time to inspect for compliance.
(b) 
All records pertaining to purchasing, storage and removal of grease and related products and waste products shall be retained by the food establishment on premises for no less than two years.
(c) 
Upon request by the Building Inspector, Code Enforcement Officer or his or her respective designee, a food establishment shall furnish all information required to enforce and monitor compliance with this regulation, including, but not limited to, a complete inventory of all food and maintenance related products that are purchased by the food establishment, receipts from permitted septage handler 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.
[L.L. No. 2-2008]
(a) 
Notice. The Building Inspector or Code Enforcement Officer 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 Building Inspector. Failure to correct violations 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 Building Inspector or Code Enforcement Officer of the Village, or his or her respective designee.
(2) 
Whoever violates any provision of this regulation may be penalized by the Building Inspector and/or Code Enforcement Officer of the Village. Any person who violates any provision of this article shall be subject to a penalty in the amount of $500 per day for each day of violation, commencing 10 days following the day of receipt of written notice from the Village Building Department. 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 Building Inspector or Code Enforcement Officer, or his or her respective designee, may enforce this regulation or enjoin violations thereof through any lawful process, and the election of one remedy by the Building Inspector or Code Enforcement Officer, or his or her respective designee, shall not preclude enforcement through any other lawful means.
[L.L. No. 2-2008]
(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 Tuckahoe 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 this regulation 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 duly noticed, public hearing held by 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 the 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.