[HISTORY: Adopted by the City Council of the City of West
Haven 11-25-1968 by Ord. No. 91; amended in its entirety 6-6-2014. Subsequent amendments noted where applicable.]
A.
No person shall allow or permit the content of any sink, toilet,
cesspool, water closet, or privy upon the premises owned or occupied
by him to be deposited or run upon the shore or into the waters of
Long Island Sound or any other waters within the limits of the City
of West Haven.
B.
No person shall dump, throw, or cast any garbage or any rubbish or
waste matter of any description upon the shores or beaches or into
the water of Long Island Sound or any other waters within the limits
of the City of West Haven or in any manner litter the beaches or public
parking areas used in conjunction with said beaches.
Any person violating the provisions of this article shall be
fined not more than $100.
The purpose of this article (also referred to herein as the
"FOG article") is to protect the environment by preventing sewage
overflows and backups into basements caused by grease hardening in
sewer lines causing blockages. The objectives of this article are
to:
A.
Prevent the introduction of excessive amounts of grease into the
City of West Haven's public sanitary sewer system.
B.
Prevent clogging or blockage of the City of West Haven's public sanitary
sewer system due to grease buildup causing sewage to back up and flood
streets, residences, and commercial buildings, resulting in potential
liability to the WPCC, residences, commercial buildings and others.
C.
Implement a procedure to recover the cost incurred from cleaning
and maintaining sewer lines due to improper grease removal.
D.
Implement a procedure to recover the costs for any liability incurred
by the WPCC for damage caused by grease blockages resulting in the
flooding of streets, residences, or commercial buildings.
E.
Issue FOG discharge permits to food preparation establishments (FPEs)
and establish maintenance and monitoring requirements and enforcement
activities.
F.
Establish administrative procedures and reporting requirements.
G.
Establish permit fees for the recovery of costs resulting from this
FOG article.
H.
Establish enforcement procedures for violations of any part or requirement
of this article.
The following definitions shall apply to this article:
Any indoor grease trap (A trap may also be referred to as
an "interceptor.") that separates grease from wastewater by active
mechanical or electrical means. Such traps are typically compact,
under-the-sink units and should be as far away as possible from grease-bearing
(cleaning) equipment, like sinks, before exiting the building. See
the definition of "grease trap."
The practices and procedures of a facility designed to prevent
or minimize environmental damage. BMPs include, but are not limited
to, treatment requirements, operating procedures, practices to control
spillage or leaks, and grease disposal.
Any fats, oils, and grease generated from the food preparation
process. All are sometimes referred to as "grease."
A permit issued by the Program Administrator authorizing
the discharge of wastewater to the public sanitary sewer system from
an FPE.
[Amended 9-10-2018]
Food preparation establishments are:
Facilities that are regulated by the West Haven Health Department
and are classified as a Class 2, Class 3, or Class 4 food service
establishment as defined by the Health Code of the State of Connecticut;
[Amended 3-28-2022]
Other facilities that engage in similar cooking methods that
have the potential to produce fats, oils, and grease.
A Class 2 food service establishment shall be exempt from this
article if it does not employ frying, sauteing, baking or roasting
of meats, use of rotisseries, grills, smokers, or other methods that
have the potential to generate fats, oils, or grease.
A regional collection/transfer/disposal site approved in
accordance with the law for the disposal of FOG. This means a Department
of Energy and Environmental Protection (DEEP) approved publicly/privately
owned treatment works that is for the separation and disposal of FOG
by incineration or other methods. Pursuant to § 22a-174-33
of the Regulations of Connecticut State Agencies related to Title
V, Sources, an in-state regional incinerator must have an operating
permit that lists FOG as a source of fuel.
The term "grease trap" is used collectively to mean AGRUs
and outdoor grease traps.
Any person who collects the contents of a grease trap and
transports it to a grease disposal facility. A hauler may also provide
other services to food preparation establishments related to trap
maintenance.
Fats, oils, and grease generated from food preparation or
serving that has come into contact with water or other contaminants
that prevent this FOG from being rendered. See "renderable grease."
A structure or device designed for the purpose of removing
and preventing FOG from entering the public sanitary sewer system.
These devices are often below-ground units built as two- or three-chamber
baffled tanks. Traps shall have at least one inspection hatch at grade
per chamber to facilitate inspection, cleaning, and maintenance by
a hauler. See the definition of "grease trap."
The permittee represents the FPE and is authorized by the
issuance of a FOG discharge permit to initiate, create, originate,
or maintain a wastewater discharge from the FPE. The permittee shall
be the owner or his local designee.
Any individual, firm, association, society, corporation,
or group.
The WPCC, or person authorized by the WPCC, to conduct activities
related to this article, including, but not limited to, approving
discharge permits, approving variances, conducting facility inspections,
and conducing enforcement procedures.
A sewer in which all owners of abutting properties have equal
rights and which is controlled by a public authority. Includes the
main pipe, manholes, other structures and equipment appurtenant thereto
controlled and maintained by the WPCC for the conveyance of sanitary
sewage.
The uncontaminated FOG from the food preparation process
that is free of impurities and has not come in contact with water
and can be recycled into products such as, but not limited to, animal
feed or cosmetics.
Permitting program. All FPEs discharging wastewater to the public
sanitary sewer system are subject to the following requirements:
A.
Permitting. All FPEs shall be required to apply for and obtain a
FOG discharge permit from the PA. The PA shall approve or deny all
applications for the FOG discharge permits in accordance to the policies
and regulations established in this article. The FOG discharge permit
shall be in addition to any other permits, registrations, or occupational
licenses, which may be required by federal, state or local law. It
shall be a violation of this article for any FPE identified by the
PA to discharge wastewater containing fats, oils, and grease to the
public sanitary sewer system without a current FOG discharge permit.
Following the initial enactment of this FOG article, any modification
to this FOG article shall become effective immediately and be complied
with within seven months of the modification. Upon modification to
this article, existing FPEs may be required to reapply and submit
the required fee.
B.
Application form. The PA shall provide an application form for a
FOG discharge permit to all FPEs. All existing FPEs shall submit a
completed application form within 30 days of receipt of the application,
or prior to the expiration of their valid FOG discharge permit. New
FPEs shall obtain a FOG discharge permit prior to issuance of a food
service license. Each application form submitted shall include, but
not be limited to, the following information:
(1)
Conceptual approval form.
(2)
The FPE's engineer's design report for outdoor grease traps or AGRUs,
including unit specifications, cut sheet, and sizing calculation.
(3)
Hours of facility operation.
(4)
A copy of the FPE's menu.
(5)
A statement signed by the permittee as follows: "I have personally
examined and am familiar with the information submitted in this document
and all the attachments thereto, and I certify that, based on reasonable
investigation, including my inquiry of those individuals responsible
for obtaining information, the submitted information is true, accurate,
and complete to the best of my knowledge and belief. I understand
that a false statement made in the submitted information may be punishable
as a criminal offense, in accordance with § 22a-6 of the
Connecticut General Statutes, pursuant to § 53a-157b of
the Connecticut General Statutes, and in accordance with any other
applicable statute."
C.
Application procedure. Upon filing a completed FOG discharge permit
application form with fee, and variance application if applicable,
the PA shall review and approve or deny a FOG discharge permit. No
system modification shall be initiated until approval is obtained.
D.
FOG discharge permit.
(1)
The FOG discharge permit must be displayed in a prominent position
where it can be seen by staff.
(2)
A FOG discharge permit shall not be transferred or sold to a new
owner. A new owner is required to apply to the PA for a new FOG discharge
permit.
(3)
A new FOG discharge permit must be applied for when renovations are
completed at an existing FPE, or on making significant changes to
the menu.
(4)
The terms and conditions of the permit are subject to modification
by the WPCC during the term of the permit. If, due to changes in this
article, modifications to a facility are required in order to remain
in compliance, the permittee shall be informed at least six months
prior to the compliance date of the new requirement or six months
prior to the expiration date of the existing permit.
E.
Entry. Each FPE shall allow the inspector, bearing proper identification,
access at all reasonable times to all parts of the premises for the
purpose of inspection, observation, records examination, measurements,
sampling, and testing in accordance with the provisions of this article,
The refusal of any FPE to allow the inspecting official entry for
purposes of inspection or performing such other duties as shall be
required shall constitute a violation of this article.
F.
Inspection. The inspector shall inspect the FPE on an unscheduled
basis after a FOG discharge permit has been issued to confirm compliance
with the requirements of this article. All FPEs with a current FOG
discharge permit shall be inspected. Inspections shall include, but
not be limited to, all equipment, food processing, cleanup, and storage
areas, and shall include any area that produces wastewater discharge
to the grease trap. The inspector shall also inspect the grease trap
maintenance logbook and/or file, other pertinent data to the grease
trap, and may check the level of the trap contents and/or take samples/measurements
as necessary. The inspector shall record all observations in a written
report.
G.
Violation reporting. A permittee shall immediately notify the PA
by telephone upon learning or having reason to believe that a discharge
may cause a sewer blockage or adversely affect the public sanitary
sewer system and initiate corrective action to prevent further violations.
The permittee shall report, in writing, such violation and corrective
action taken to the PA within five days of the permittee learning
of such violations.
A.
No user shall allow wastewater discharge concentrations from a grease
trap, or alternative pretreatment technology, to exceed 100 milligrams
per liter. All analysis shall be conducted according to the current
method as listed in 40 CFR 136 or as approved, in writing, by the
PA. All costs associated with testing are the responsibility of the
FPE.
B.
Where outdoor grease traps are used, separate wastewater lines shall
be provided to convey the sanitary and kitchen wastewater outside
the facility. Only wastewater from the kitchen and cleanup areas shall
be directed to the grease trap. In no case shall sanitary wastewater
be allowed to enter the grease trap.
C.
Wastewater having a temperature in excess of 140° F. shall not
be discharged into any AGRU.
D.
Any use of enzymes, solvents, emulsifiers, biological agents, and
similar material for maintaining or cleaning grease traps is prohibited.
E.
No food grinder or food pulper shall discharge into a grease trap.
F.
All wastewater flows connected to grease traps shall be screened
to prevent solids from entering the grease trap. Screened solids shall
be disposed of in accordance with applicable solid waste regulations.
A.
Requirements. All FPEs are required to have an outdoor grease trap
or variance. The requirements in this article are in addition to any
applicable requirements of the Connecticut Department of Energy and
Environmental Protection (DEEP), General Permit for the Discharge
of Wastewater Associated with Food Preparation Establishments, the
International Plumbing Code, and the Plumbing and Drainage Institute
standards as adopted by the Office of the State Building Inspector.
B.
Equipment requirements. On or after the effective date of this article,
all FPEs discharging or proposing to discharge into the City of West
Haven's public sanitary sewer system shall submit an application and
obtain a permit to operate and maintain an outdoor grease trap, a
variance for an AGRU, or a variance from the requirements of this
article. All outdoor grease traps and AGRUs shall meet the requirements
of this article.
C.
On or after the effective date of this article, the PA shall require
an existing FPE to install, operate, and maintain a new grease trap
that complies with the requirements of this article, or to modify
any noncompliant plumbing or existing grease trap within 60 days of
written notification by the PA when any of the following conditions
exist:
(1)
The establishment is found to be contributing grease in quantities
to cause pipe blockages or increase maintenance on the public sanitary
sewer system.
(2)
The establishment does not have a grease trap.
(3)
The establishment has an undersized, irreparable, or defective grease
trap.
(4)
The existing establishment is sold or undergoes a change of ownership.
(5)
Remodeling of a kitchen, which requires a plumbing permit to be issued
by the City of West Haven.
(6)
The menu of an establishment changes so that it meets the requirements
of a FPE.
D.
Variance from outdoor grease trap requirements. An AGRU may only
be installed after authorization by the PA. The FPE shall request
a variance, in writing, which shall consist of a completed program
application and variance application.
E.
Outdoor grease trap. Outdoor grease traps shall be installed in all
FPEs. All outdoor grease traps shall meet the following criteria:
(1)
Trap design and location. Outdoor grease traps shall have a minimum
of two compartments and shall be capable of separation and retention
of grease and storage of settled solids. Access manholes with a minimum
diameter of 17 inches shall be provided over each trap chamber and
sanitary tee. The manhole shall also have readily removable covers
to facilitate inspections, grease removal, and wastewater sampling
activities. The invert elevation of the inlet shall be between three
inches and six inches above the invert elevation of the outlet.
(2)
The trap shall be designed, constructed, and installed for adequate
load-bearing capacity.
(3)
Trap capacity. The minimum capacity of any one unit shall be 1,000
gallons. Where sufficient capacity cannot be achieved with a single
unit, installation of grease traps in series is required.
(4)
Trap sizing. At a minimum, the trap shall hold kitchen discharges
equivalent to the maximum flows over a twenty-four-hour period. The
maximum flow over a twenty-four-hour period shall be calculated by
the method published by the Connecticut State Health Department.
(5)
Pumping and maintenance. Each FPE shall be responsible for the cost
of installing, inspecting, pumping, cleaning, and maintaining its
outdoor grease traps. Outdoor grease trap cleaning shall include complete
removal of all contents, including scraping of excessive solids from
the walls, floors, baffles, and all pipe work. It shall be the responsibility
of each FPE to inspect its outdoor grease trap during the pumping
operation to ensure proper cleaning and that all fittings and fixtures
are functioning properly.
(6)
Outdoor trap pumping frequency. Each FPE shall have its outdoor grease
trap(s) pumped whenever 25% of the operating depth of the outdoor
grease trap is occupied by grease and settled solids, or a minimum
of once every three months, whichever is more frequent.
(7)
Inspections. The inspector shall inspect grease traps as necessary
to ensure compliance with this article.
(8)
Disposal. Renderable grease shall not be disposed of in any sewer,
septic tank or grease trap. All renderable grease shall be stored
in a separate, covered, leakproof, labeled, renderable grease container,
stored out of reach of vermin and collected by a renderer.
(9)
Grease removed from outdoor grease traps shall be disposed of at
a grease disposal facility permitted by the DEEP.
(10)
Recordkeeping. Each FPE shall maintain a logbook in which a
record of all grease trap maintenance is entered, including the date
and time of the maintenance, repairs, records of inspection, log of
pumping activities, and grease disposal facility. The file shall be
available at all times for inspections and review by the inspector.
F.
Variance procedure. Two types of variances may be granted, program
variances and equipment/BMP variances, as follows:
(1)
Program variances. The PA may, at his sole discretion, exempt from
this FOG program facilities that meet the definition of FPE, but whose
wastewater discharge contributes negligible FOG to the sanitary sewer.
This may include:
(2)
Equipment/BMP variances. At the request of the permittee, the PA,
at his sole discretion, may grant a variance from the equipment or
BMP requirements of this article. Any change to the conditions of
the variance must be reported to the PA for review within 30 days.
(3)
A FPE that has been granted a variance shall have 30 days to report
to the PA and West Haven Health Department any changes that cause
a violation to the terms of the variance. Changes that may cause a
violation to the terms of the variance may include, but are not limited
to, hours of operation, food preparation techniques, or changes to
the menu.
G.
Alternative grease removal devices. The PA, at his sole discretion,
may approve these types of devices depending on manufacturers' specifications
and verified operations on a case-by-case basis. Alternative devices
shall be subject to written approval based on a demonstration prior
to installation.
(1)
AGRU. AGRUs shall be prohibited at new FPEs, except as granted by
a variance at the discretion of the WPCC.
(2)
AGRU size. The AGRU design flow shall be sized by a licensed engineer
according to the WPCC's guidelines, including all connected fixtures
and drains.
(3)
Traps shall have a removable lid on the top surface to facilitate
inspection, cleaning, and maintenance.
(4)
Flow control device. AGRUs shall be equipped with a device to control
the rate of flow through the unit and shall not exceed design flow
capacity.
(5)
Cleaning and maintenance. Each FPE shall be solely responsible for
the cost of the AGRU installation, cleaning, and maintenance. The
AGRU shall include a skimming device, automatic drawoff, or other
mechanical means to automatically separate fats and oils from the
wastewater, using a timer or level controller. The AGRU shall be connected
to the electrical circuit by either hardwire or cord-and-plug. The
AGRU shall operate no less than once per day.
H.
Other approved unit. If the permittee requests the use of a unit
other than an outdoor grease trap or an AGRU, the permittee must demonstrate
to the PA that the proposed unit can reliably meet the effluent limitations
established in this article. Only after receiving approval from the
PA will the permittee be authorized to install the proposed unit.
I.
De minimis discharge. At the request of the permittee, the PA may
grant a program variance from the treatment requirements of this article
if it is determined that the FOG discharge is de minimus and insignificant.
Any change to the conditions of the variance must be reported to the
PA and the West Haven Health Department for review within 30 days.
A.
The fees provided for in this article are separate and distinct from
all other fees chargeable by the WPCC. All invoiced fees, pursuant
to this article, shall become immediately due and owed upon receipt
of invoice, and shall become delinquent if not fully paid within 30
days after receipt. All delinquent amounts shall be subject to the
late fee.
B.
Fines shall fall into two classifications: BMP violation and equipment
installation violation.
C.
A copy of the WPCC's current fees, applicable to all applications,
permits, and notice of violation fines pursuant to this article, are
on file at the WPCF.
D.
Food preparation establishments shall be responsible for any processing
fees on payments made through third parties. Processing fees include,
but are not limited to, credit card fees, online payment fees, and
collection fees.
A.
Violations. If the PA records any deficiencies during an inspection,
he or she will provide written or electronic notice to the FPE with
instructions to correct the deficiency within 30 days of such notice
for BMP violations or 60 days for equipment violations. A notice of
violation (NOV) shall be issued to a FPE for any one or more of the
following violations:
(1)
Failure to properly maintain the grease trap in accordance with the
provisions of the FOG article.
(2)
Failure to maintain grease records, including documentation of pumping
activities, grease disposal facility, or receipts, on site at all
times.
(3)
Failure to provide access for trap cleaning, inspections, or monitoring
activities.
(4)
Failure to obtain or renew FOG discharge permit in a timely manner.
(5)
Failure to store grease in a proper container or dispose of grease
at an approved facility.
(6)
Any other failure to comply with the requirement of this article
or condition of any permit issued pursuant to this article.
B.
Enforcement actions. Enforcement actions against FPEs in violation
of this article shall be according to the following provisions:
(1)
Initial violation penalties. The PA may take enforcement actions
against FPEs, including consent agreements, compliance agreements,
assurances of voluntary compliance, or other similar documents establishing
an agreement with any user, or other person responsible for noncompliance.
Such documents will include specific actions to be taken to correct
the noncompliance within a time period specified by the document.
Such documents shall be judicially enforceable, including but not
limited to:
(a)
Payment of the notice of violation fine as on file with the
PA.
(b)
Required corrective actions, including, but not limited to,
submittal of records for trap maintenance, immediate pump-out of the
trap, or establishment of an ongoing contract with a hauler or renderer.
(c)
Requirements for submittal of plans or upgrade of grease traps,
including time frames for preparation of plans, acquisitions of necessary
equipment, initiation of construction (including time for permit approval,
where required), completion of construction, and date of achievement
of final compliance with the provisions of the notice of violation
and this article.
(2)
Continued violation penalties. If a FPE violates or continues to
violate the provisions set forth in this article or fails to initiate/complete
corrective action in response to a NOV, the PA may pursue one or more
of the following options:
(3)
Discharge permit revocation. Any discharge permit issued under the
provisions of this article is subject to be modified, suspended, or
revoked, in whole or in part, during its terms for failure to comply
with the terms of this article. Any denial or revocation of a permit
pursuant to this article may be appealed to the WPCC. The permittee
shall have 15 days from the date of notification of the permit denial
or revocation to submit a written request for a hearing before the
WPCC. Failure to file an appeal constitutes acceptance of the decision
to deny or revoke the permit and any conditions thereof. The WPCC
shall conduct a public hearing and decide within 60 days from receipt
of appeal whether or not to grant the permit. The decision of the
WPCC shall be final. Cause for FOG discharge permit modification,
suspension, or revocation shall include, but not be limited to, any
one of the following:
(a)
Falsification of any information submitted as part of the application
for the discharge permit.
(b)
Failure to comply with the requirements or regulations concerning
discharges to the public sanitary sewer systems.
(c)
Failure to comply with the requirements or regulations concerning
grease traps in this article.
(d)
Failure to pay required fees or penalties in a timely manner.
(e)
Failure to attend required BMP training courses, if required
by the PA.
(f)
When necessary to protect the public health, safety, and welfare
of the City of West Haven.
(4)
Recovery of costs. When a discharge causes any obstruction, damage
or any other impairment of the public sanitary sewer system, damage
to public or private property, or any expenses of whatever character
or nature to the WPCC and/or the City of West Haven, the WPCC shall
assess the expenses incurred to clear the obstruction, repair damage
to the system, and any other expenses or damage of any kind or nature
suffered by the City as a result thereof, including reimbursement
for damage to private property. The WPCC may file a claim with the
user or other person that caused the obstruction, damage, or other
impairment for recovery of such costs, including collection costs.
If the claim is ignored or denied, the WPCC shall notify the Corporation
Counsel to take such measures as shall be appropriate to recover any
expenses or to correct other damages suffered by the City.
(5)
Remedies nonexclusive. The remedies in this article are not exclusive.
The WPCC may take any, all, or any combination of these actions against
any person violating this FOG article.
(6)
Search warrant. The WPCC, through the City's Corporation Counsel,
may seek to obtain a search warrant from the appropriate authority
to gain access to a FPE's facility for the purpose of verification
of compliance, inspection, and monitoring, if such lawful entry has
previously been denied by the FPE.
(7)
Citation to Superior Court. Notwithstanding any of the above, the
WPCC may cite any user to Superior Court for violation of any provision
of this article. A violation of any condition or requirement of a
discharge permit, or failure to obtain such a permit, shall be deemed
to be a violation of this article.
(8)
Injunction and other relief. The City, through its Corporation Counsel,
may file a petition in the name of the City in Superior Court or such
other courts as may have jurisdiction seeking the issuance of an injunction,
damages, or other applicable remedy at law. Suit may be brought to
recover any and all damages suffered by the City as a result of any
action or inaction of any person that causes or suffers damage to
occur to the WPCC's public sanitary sewer system.
C.
Any person found to have violated any provision of this article or
any condition of a permit issued pursuant to this article may be liable
for a civil fine up to $250 per violation. Each separate violation
shall constitute a separate offense, and for violations continuing
longer than 60 days, each day's continuance of a violation shall constitute
a separate and distinct violation. In addition to the penalties provided
herein, the City may recover attorney's fees, court costs, court reporter's
fees, and other expenses of litigation by appropriate suit at law
against the person found to have violated this article or the orders,
rules, regulations and permits issued hereunder.
