[HISTORY: Adopted by the Town of Weymouth. Amendments noted
where applicable.]
(a)Â
Provisions subject to noncriminal enforcement. Violation of the following
subsections may be enforced in the manner provided in MGL c. 40, § 21D,
and, at the discretion of the enforcing person, by either a warning
or a citation upon the first offense. Each day on which a violation
exists shall be deemed to be a separate offense. For the purpose of
this section, the specific penalty which is to apply for violation
of each such subsection shall be as listed below, and the municipal
officers or employees whose titles are listed under each subsection
shall be deemed to be the enforcing officer for each such subsection:
Health Department Regulation No. 1: Renting a Dwelling Unit
Without Certification.
Penalty: $20.
Enforcement personnel: Health Department inspectors as designated
by the Director of Health.
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State Sanitary Code, Chapter II, 105 CMR 410.602: Maintenance
of Areas Free from Garbage and Rubbish.
Penalty: $20.
Enforcement personnel: Health Department inspectors as designated
by the Director of Health.
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Massachusetts General Laws c. 111, §§ 122 and
123: Nuisances and Failure to Abate a Nuisance.
Penalty: $20.
Enforcement personnel: Health Department inspectors as designated
by the Director of Health.
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State Sanitary Code, Chapter II, 105 CMR 410.910: Failure to
Comply with an Order Issued Pursuant to the Provisions of 105 CMR
410.000, Minimum Standards of Fitness for Human Habitation, i.e.,
failure to correct a housing code violation.
Penalty: $20. Each day's failure to comply with an order shall
constitute a separate violation.
Enforcement personnel: Health Department inspectors as designated
by the Director of Health.
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State Sanitary Code, Chapter X, Minimum Sanitation Standards
for Food Establishments, 105 CMR 590.000: Failure to Correct any Condition
Cited as a Violation Under the Above Sanitary Code within the Time
Allowed by the Inspector and/or the Code.
Penalty: $20. Each day's failure to comply with an order shall
constitute a separate violation.
Enforcement personnel: Health Department inspectors as designated
by the Director of Health.
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Hazardous Materials: Failure to Comply with any Order to Correct a Violation of § 7-401 of these Ordinances.
Penalty: not more than $200.
Enforcement personnel: Health Department inspectors as designated
by the Director of Health.
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(b)Â
Enumeration of nuisances. The following list shall serve to enumerate
those conditions which will be considered a nuisance and which are
to be enforced either by ticketing or criminal prosecution:
1.Â
Overflowing sewage.
2.Â
Accumulated manure, dung or feces from any animal.
3.Â
Release of any harmful chemical substance.
4.Â
Noise over 10 dB over ambient background.
5.Â
Sickening and/or obnoxious odors.
6.Â
Existence of accident/injury hazard.
7.Â
Pumping or leading clear water into the municipal sewer.
(a)Â
Purpose. The purpose of this section is to protect residents, businesses
and the environment within the Town of Weymouth from blockages of
the Town's sanitary sewer caused by fats, oils, and grease (FOG) discharged
from food service establishments located in Town. All new and existing
facilities that generate and discharge FOG in the wastewater flow
shall install, operate, and maintain a FOG pretreatment system, as
further defined herein. The requirements of this section shall supplement
and be in addition to the requirements of the Town of Weymouth Board
of Health regulations and the Town of Weymouth's Sewer Use Rules and
Regulations.
(b)Â
AGENT
DIRECTOR
DISCHARGE LIMIT
FOG
FOG PRETREATMENT SYSTEM
FOOD ESTABLISHMENT
GREASE TRAP
INDOOR AUTOMATIC GREASE TRAP
INDOOR PASSIVE GREASE TRAP
OUTDOOR/UNDERGROUND GREASE INTERCEPTOR
PERMITTED OFFAL/SEPTAGE HAULER
SEWER PIPE
SUBSTANTIAL RENOVATION
WASTE GREASE OR OIL
WEYMOUTH OFFICIALS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any duly authorized agent of the Weymouth Health Department
as specified under MGL c. 111, § 30.
The Mayoral-appointed Director of the Weymouth Health Department.
One hundred milligrams of fats, oils, and grease per liter
of wastewater, or a concentration which will cause blockage to the
municipal sewer system.
Fats, oils, and grease.
One of the following grease removal systems:
Any establishment issued a permit to operate a food establishment
by the Weymouth Health Department under FC 1-201.10(B)(31); any facility
that prepares or sells food and as a by-product discharges fat, oil,
or grease into the municipal sewer system.
Also referred to as a "grease interceptor" by the State Plumbing
Code; a device designed to remove undissolved and/or suspended waste
grease and oil from wastewater.
An active automatic grease trap which separates and removes
fats, oils, and grease from effluent discharge, and cleans itself
of accumulated grease, fats and oils at least once every 24 hours,
utilizing electromechanical apparatus to accomplish removal.
A passive grease trap installed inside a building and designed
to remove fats, oils and grease from flowing wastewater while allowing
wastewater to flow through it; also known as an "indoor grease trap."
A passive grease trap installed outside a building (having
a capacity of 1,500 gallons or more) and designed to remove fats,
oils and grease from flowing wastewater while allowing wastewater
to flow through it; also known as an "outside grease trap."
Any offal/septage hauler who is issued a permit to haul FOG
and/or septage by the Weymouth Health Department.
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.
Any renovation to a food service establishment that would
increase the number of existing permitted seats or would alter in
any way the kitchen facility.
Waste grease or oil generated by a food service establishment
during the cooking process.
Any representative from the Weymouth Health Department, Building
Department or the Water and Sewer Division.
(c)Â
General provisions.
1.Â
In every case where a food establishment is preparing or selling
food or other business in which FOG is a by-product, a suitable FOG
pretreatment system that conforms to the Massachusetts State Plumbing
Code, 248 CMR 10.09(2), must be installed according to this section.
2.Â
The Weymouth Health Department may at any time require the installation,
upgrade and/or relocation of a FOG pretreatment system, as it may
deem necessary to maintain any particular building sewer pipe, any
lateral sewer pipe, or sewer main pipe free from obstructions caused
by waste grease or oil emanating from a food establishment. Each establishment
must pay all costs for installing and maintaining the systems.
3.Â
New or substantially remodeled food establishments must install an
outdoor/underground grease interceptor, with a minimum capacity of
1,500 gallons, or an indoor automatic grease trap. Both must be sized
according to the manufacturer and in compliance with 248 CMR.
NOTE — Passive indoor grease traps will not
be permitted.
4.Â
Internal automatic and passive grease traps must be cleaned monthly
(unless a variance is given by the Director) by a professional drain
cleaner, licensed plumber, or permitted offal/septage hauler.
5.Â
Outdoor/Underground grease interceptors must be pumped and inspected
by a permitted offal/septage hauler every three months or more frequently
so as to prevent any grease blockage.
6.Â
A copy of the Health Department grease trap maintenance log must
be completed and kept on-site for any operation/maintenance to FOG
pretreatment systems. The log must be readily accessible for agents
and Weymouth officials to review.
7.Â
All pumping and hauling records must be maintained on a monthly basis
and be readily accessible to Weymouth officials.
8.Â
Waste grease and oil shall not be disposed of by way of the sanitary
sewer. All waste grease and oil must be collected in an appropriate
container provided by an approved vendor and stored in an approved
location on the premises. The container must be stored on an impervious
surface such as concrete or pavement. Containers must be capable of
being sealed or be stored in a sheltered area to prevent entry of
precipitation and vermin. All waste grease and oil shall be removed
by a permitted offal/septage hauler; said material should be removed
from the premises as needed. While being stored, all grease containers
and surrounding areas must be kept in sanitary conditions at all times.
9.Â
All automatic electrical/mechanical grease removal units shall be
sized in accordance with the manufacturer's written recommendations
and be in compliance with 248 CMR.
10.Â
A separate suitable sampling location as approved by the Director
or his/her designee shall be provided for sampling the discharge from
any indoor passive or automatic system. The sampling valve must be
installed on the discharge piping with a minimum clearance of eight
inches to allow samples to be taken by an agent and Weymouth officials.
11.Â
Dishwasher wastewater must discharge into the grease trap per
248 CMR 10.09(2)(c)(5).
12.Â
Food waste grinders must comply with the requirements of 248
CMR 10.09(2)(f)(3).
13.Â
All connections to the grease removal unit shall be equipped
with a flow control device. Flow control devices must conform with
248 CMR 10.09(2)(i).
(d)Â
Enforcement and inspection.
1.Â
It shall be the responsibility of agents to review cleaning and maintenance
records for all grease removal systems as part of regular food service
inspections.
2.Â
All records pertaining to storage and removal of grease-related waste
shall be retained by the owner or operator on premises for no less
than two years. Upon request by a Weymouth official, an owner or operator
shall furnish all records required to enforce and monitor compliance
with this regulation.
3.Â
Weymouth officials may use oil-soluble dyes to identify (by color)
the FOG of any given establishment in order to determine if said establishment
is a cause of failure or obstruction in a sewer lateral or main.
4.Â
Agents may order the suspension of a permit to operate a food establishment
or the termination of one or more particular operations for:
a.Â
Serious or repeated violations of this section;
b.Â
Interference with the any Weymouth official in the performance
of his/her duty;
c.Â
Failure to maintain required records or keeping or submitting
any misleading or false records or documents required by this section.
The effective date and length of a suspension will be determined
by the Director.
5.Â
Two or more suspensions at an individual food establishment may result
in the revocation of the permit to operate.
6.Â
Weymouth officials may inspect a facility if, in their judgment,
they feel that there has been an infraction of the discharge limits
to the wastewater.
(e)Â
Violation. Written notice of any violation of this section shall
be given to the owner and operator by an agent, specifying the nature,
time and date of the violation and any preventative measure required
to avoid future violations, and a correction time frame.
(f)Â
Variances. The Director may issue variances from the requirements
of this section for the following items:
1.Â
Operation and maintenance (O&M) frequencies (Applications for
variances for O&M must be accompanied by a written letter from
the food establishment's O&M contractor.);
2.Â
The type of FOG pretreatment system required;
3.Â
Time lines for connection.
Any requests for a variance must be applied for by completing
the Health Department variance application form and returning it to
the Health Department. The reasons for the request must be clear and
specific. Financial hardship will not be grounds for a variance.
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Any request for a variance for a food establishment to use an
alternative method, system or product that does not comply with 248
CMR 3.00 through 10.00 must apply for the variance in writing to the
State Board for Plumbers and Gas Fitters per 248 CMR 3.04(2).
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(g)Â
Hearing. The person or persons to whom any order or notice is issued
pursuant to this section may request a hearing before the Director.
Such request shall be in writing and shall be filed in the office
of the Health Department within seven days after receipt.
(h)Â
Penalty. Any person who violates any provision of this section may
be punished, under MGL c. 111, § 31, as a criminal offense
or MGL c. 40, § 21D, as a noncriminal offense, by fines
of:
1.Â
First offense: warning.
2.Â
Second offense: $100.
3.Â
Third offense: $250.
4.Â
Fourth offense: $1,000.
or by criminal complaint at the appropriate venue. Each day
or portion thereof during which a violation continues shall constitute
a separate offense. Failure to correct violations of any provision
of this section may result in the suspension or revocation of a permit
to operate a food establishment as provided in 105 CMR 590.012 or
105 CMR 590.014. Any person violating the provisions of this section
shall be liable to the Town of Weymouth for any loss, expense or damage,
including consequential damage, caused by such violation. The Town
of Weymouth may enforce the provisions of this section by any and
all civil and equitable procedures.
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(i)Â
Severability. If any word, clause, phrase, sentence, paragraph, or
section of this regulation shall be declared invalid for any reason
whatsoever, that portion shall be severed and all other provisions
of this section shall remain in full force and effect.
(j)Â
Time line for connection.
1.Â
If a food establishment is found to be causing blockage to the municipal
sewer system, the Health Department may order the installation of
either an indoor automatic grease trap or an underground passive interceptor.
2.Â
Newly built food establishments or those undergoing substantial renovations
must install the appropriate FOG pretreatment system according to
this section as part of the building project. Locations of grease
traps and interceptors must comply with 248 CMR 10.09(2)(a), (b) and
(c).
3.Â
All other food establishments must install either an indoor automatic
grease trap or an outdoor/underground grease interceptor within one
year of adoption of this section unless a variance is granted by the
Director.
(k)Â
Weymouth Board of Health regulations. The Weymouth Health Department
may from time to time promulgate and amend regulations pertaining
to the maintenance of grease traps and removal of grease from food
establishments. In addition to this section, food establishments are
required to adhere to all requirements as set forth in the Health
Department regulations. In the event the regulations conflict with
any section or subsection of this section, it is this section which
shall take precedence.